HomeMy WebLinkAbout1997-08-19 Support Documentation Town Council Retreat
VAIL TOWN COUNCIL
COUNCIL RETREAT
EVERGREEN LODGE
August 19, 1997
10:00 - 12:00 Review and Discuss Council Procedures and Policies
12:00 - 12:30 Lunch
12:30 - 1:15 Review and Discuss Council Critical Strategies and Work Program
1:15 - 2:15 Review and Discuss Capital Projects Priorities
2:15 - 3:00 Review and Discuss RETT Priorities
3:00 Adjourn
VAIL TOWN COUNCIL
EVENING MEETING
TUESDAY, AUGUST 19, 1997
7:30 P.M. IN TOV COUNCIL CHAMBERS
AGENDA
NOTE: Times of items are approximate, subject to change, and cannot be relied upon to
determine at what time Council will consider an item.
1. CITIZEN PARTICIPATION. (5 mins.)
2. Seibert Circle Final Approval. (15 mins.)
Nancy Sweeney
Design Workshop ACTION REQUESTED OF COUNCIL: Approval of to proceed with
Pete Seibert contract negotiations between Jesus Moroles, Design Workshop, and
Susan Raymond for the redevelopment of Seibert Circle.
STAFF RECOMMENDATION: Approve contract negotiations.
3. Ordinance No. 15, Series of 1997, first reading of an ordinance amending
Lauren Waterton Sections 18.04, 18.24.060, 18.26.040 and 18.60.060 of the Vail Municipal
Code to add definitions for "commercial ski storage", "outdoor
commercial ski storage" and "ski racks"; add outdoor commercial ski
storage as a conditional use in the Commercial Core I(Vail Village) and
Commercial Core II (Lionshead) zone districts; and add additional
_conditional use permit review criteria for outdoor commercial ski storage.
~ (1 hr.)
ACTION REQUESTED OF COUNCIL: Approve/modify/deny Ordinance
15, Series of 1997 on first reading.
BACKGROUND RATIONALE: Vail Associates, Inc., has submitted an
application to the Town of Vail to request a change to the Zoning Code to
permit outdoor commercial ski storage in Commercial Core I and
Commercial Core II. On July 14, 1997, the Planning and Environmental
Commission voted to recommend approval (4-2) of the requested
amendments.
STAFF RECOMMENDATION: The Community Development
Department recommends approval of Ordinance No.15, Series of 1997,
on first reading.
4• Resolution No. 15, Series of 1997, a resolution approving the CDOT
Bob McLaurin West Vail Contract. (15 mins.)
Tom Moorhead
ACTION REQUESTED OF COUNCIL: Adopt Resolution No. 15, Series
of 1997.
BACKGROUND RATIONALE: The Colorado Department of
Transportation after negotiation with the Town of Vail staff committed to
reimbursing the Town for costs advanced toward the completion of the
West Vail Roundabout Project in an amount not to exceed $3 million.
There are not, however, any funds available until fiscal year 2002. The
Colorado Department of Transportation has committed to reimbursing the
Town in fiscal years 2002 through 2005. Due to the Tabor Amendment in
Article X, Section 20 of the Colorado Constitution, this obligation is
subject to the availability and budgeting of such funds by the J
Transportation Commission. The State shall have no obligation to repay
the Town unless and until the Transportation Commission authorizes and
budgets such funds.
STAFF RECOMMENDATION: Adopt Resolution No. 15, Series of 1997.
5. Discussion of Lodging Tax. (15 mins.)
Tom Moorhead
ACTION REQUESTED OF COUNCIL: Review results of Ridder Braden
study and provide direction for next appropriate steps toward creating a
permanent funding source by means of a lodging tax ordinance.
BACKGROUND RATIONALE: On Tuesday, August 12th work session
Town Council directed Tom Moorhead, Town Attorney, to mI eet with
Frank Johnson and develop proposed language for a lodging tax •ordinance. Since that time the results of the Ridder Braden study have
become available and will be fully analyzed by the Business Alliance
Group on Thursday, August 21 st. Based upon those survey results and
the question of being able to develop county-wide support aI nd
partnership, it is believed to be premature to develop specific ordinance
language. Therefore, rather than taking that step to consider specific
language, it is appropriate to review the survey results and the most
appropriate next steps to be taken.
6. Town Manager Report. (10 mins.)
7. Adjournment - 9:30 p.m.
NOTE UPCOMING MEETING START TIMES BELOW:
(ALL T1MES ARE APPROXIMATE AND SUBJECT TO CHANGE)
I I I I I I I
THE NEXT VAIL TOWN COUNCIL SPECIAL WORK SESSION
WILL BE ON TUESDAY, 8/26/97, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS.
THE FOLLOWING VAIL TOWN COUNCIL REGULAR WORK SESSION
WILL BE ON TUES.DAY, 912/97, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS.
THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING
WILL BE ON TUESDAY, 9/2/97, BEGINNING AT 7:30 P.M. IN TOV COUNCIL CHAMBERS.
IIIIIII
Sign language interpretation available upon request with 24 hour notification. Please call 479-2332 voice
or 479-2356 TDD for information.
C:WGENDATC
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TOWN OF YAIL
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Office of the Town Manager
75 South Frontage Road ~
Yail, Colorado 81657
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970-479-2105/Fax 970-479-2157
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MEMORANDUM
TO: Vail Town Council
FROM: Robert W. McLaurin, Town Manager
DATE: August 15, 1997
SUBJECT: Council Retreat
Attached to this memorandum is the agenda for the Council Retreat which will be held August 19,
1997.
As we have discussed, this retreat will begin at 10:00 a.m. and adjourn around 3:00 p.m. As
indicated on the agenda we have a number of significant issues to discuss and review in a limited
amount of time.
The first item will provide an opportunity for you to discuss Council relationships. This includes the
relationship amongst yourselves as well as amongst me, Tom Moorhead, and the remainder of the
staff. The second ,portion of this discussion will involve a review of Council policies and procedures
which-was drafted several months ago. It 'is my hope that following a review of this document you
can decide whether or not you wish to formalize your rules of procedure and codes of conduct. We
have allocated two hours for this discussion. I am also enclosing a memo from Suzanne on the
Council procedures.
The second item involves a review of the current work program. We will begin this discussion with
a review of the Council Critical Strategies and Objectives which the Council articulated 15 months
ago. As we have discussed, these statements of strategic intent have formed the building block
for the budget and our work program since that time. It also my intention to review with you the
work plans for each of the Department Directors, and in some cases Division Heads in order for
you to understand what we are currently working on and how it applies to the critical strategies and
objectives. This will be an opportunity for you to identify any areas which we are missing or to
identify areas on which we are currently working that you do not deem important.
The third agenda item involves a review of the Capital Projects Program. The desired outcome of
this discussion is for the Council to articulate your capital priorities. During this portion of the
retreat, Larry Grafel will make a presentation concerning the existing capital projects priorities.
C~ RErYCLEUPAYER
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The emphasis will be on 1998 to get ready for the Championships. Following this p riesentation we
can discuss if these priorities still make sense, or if you wish to add projects, delete projects, or
modify the order of projects. It is our intention at this point to simply list the projects and not
balance the Capital Projects Program at this point in time. Once the Council has established its
priorities we will balance this budget and you will have an opportunity to finalize your capital
priorities when the buctget numbers have been assigned to each project.
The final agenda item involves a review of the RETT projects. This review will be similar to the one
. for capital projects.
- RWM/aw
Attachments
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CODE OF CONDUCT
1. Purpose and Declaration of Policy.
There is hereby enacted these "rules of behavior and standards of conduct," which may
hereafter be referred to as the "code of conduct." The purpose of the code of conduct is to
implement a practical and uniform guide for the conduct of officers of the Town of Vail in the
performance of their official duties, consistent with the requirements of Colorado State law. '
II. Definitions.
As used in this Code, the following terms shall have the following meanings unless it is
apparent from the context that a different meaning is intended.
Board means any appointive body, board, commission, or authority of the Town which
the Town appoints the entire membership and which is empowered by delegation from the Town
Council or ordinance to exercise a governmental function. "Board" shall specifically include the
Town Planning and Environmental Commission, the Design Review Board, the Local Licensing
Authority, and Housing Authority, but shall not include advisory or ad hoc committees except to
the extent a board member is otherwise a Town officer.
Board Member means a regular or alternate member of a board irrespective of election or
appointment to such board.
Business Entity means any corporation, general or limited partnership, sole proprietorship
(including a private consultant operation), joint venture, unincorporated association or firm,
institution, trust, foundation, or other organization, whether organized for profit or not.
. Town means the incorporated home rule Town of Vail, Colorado.
Town Council means the Town Council of the Town of Vail, Colorado.
Confidential lnformation means all information which may lawfully be designated
confidential, whether verbal, written, or electronically recorded, which is at the time not available
to the general public under applicable laws, ordinances and regulations, or which has otherwise
been designated as confidential by the Town Council, the Town Manager, or the Town Attorney.
Confidential information subsequently disclosed, without violating this Code, to outside parties
shall no longer be confidential information. The Town may adopt rules and a policy pertaining
to confidential information discussed or distributed at executive sessions.
Conflict of Interest means an incompatibility or interference between the private interest
of an officer and those obligations and duties arising from or out of his or her position as a public
officer.
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Councilmember means any member of the Town Council of the Town of Vail, Colorado.
Disclose means to bring to the attention or to make known a financial int I rest or conflict
of interest.
Disinterested Third Person shall mean a person who possess the experience and
qualifications to investigate and/or conduct a determination process pursuant to this article and
who has no current personal or business association with the Town, individual(s)imaking a
complaint or allegation under this article, the officer subject to an allegation undir this article or _ any other officer of the Town. Employee means a person who labors or provides services for the Town and who is paid a
wage or salary for such labor or services, but does not include any member of Town Council or
any person appointed by the Town Council to serve on any Town boazd, commission, committee,
agency, or authority.
Family means an officer's spouse; natural, step, or adopted child; mother,,father, sister,
brother, grandpazent, mother-in-law, father-in-law; or any other relative or dependent residing in
the same household as the officer.
Financial lnterest means a pecuniary interest, the nature of which is either:
(1) Ownership interest in a business entity;
(2) Creditor interest in a business entity;
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(3) An employment or prospective employment for which negotiations have begun;
(4) . Ownership in real or personal property;
(5) A loan or any other debtor interest; or
(6) A directorship or officership in a business entity.
Governmental Function means participation by discussion, vote, or other action as a
member of a board, whether in a quasi judicial, legislative, rulemaking or administrative action.
Interest means a direct substantial pecuniary (which shall include real and personal
property and cash) benefit accruing to an officer as a result of that officer's official participation
in a governmental function except for such actions which by their terms or the substance of their
provisions confer an opportunity or right to realize the accrual of a similar benefit generally to all
other persons or property similarly situated.
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Malfeasance shall mean conduct by an officer in the course of his or her official duties
which is unlawful and against the interests of the Town.
Misconduct shall mean any willful and unlawful behavior by an officer in relation to the
duties of his or her office.
Nonfeasance shall mean the willful nonperformance of some official act lawFully
required of an officer, or the total neglect of the lawful duties of an officer.
Off cer means any person who is elected to office or appointed by Town council, - including board members, the Town Manager, Town Attorney and Municipal Judge.
Official Body means the Town Council and any appointive body empowered by
delegation from Town council or ordinance to exercise a governmental function including;
Planning and Environmental Commission, Design Review Board, Local Licensing Authority,
and Housing Authority.
Order or Directive shall mean, when used within the context of Town Council to Town
employees interaction, to instruct a Town employee to take some action within the scope of their
employment. Requests and similar inquiries of department heads made within the provisions of
the Town Charter or any other employee as may be delegated by the Town Manager shall not be
interpreted as orders or directives.
Person means a singulaz or plural of any natural person, entity, corporation, partnership,
association or authorized agent thereof.
Pecuniary Benefrt means a benefit in the form of money, property, or commercial
interests.
Subsiantial means and includes a situation where, considering all the circumstances, a reasonably.prudent person would expect a marked tendency to make a decision other than an
objective decision. .
III. Compliance with other laws.
The requirements of this Code shall be in addition to the applicable requirements of the
laws of the State of Colorado. To the extent that any conflict exists between requirements of this
article and any other provisions of the Vail Town Code the requirements of this Code shall apply
for the purposes of any enforcement by the Town. This Code shall not create any private rights
of action.
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IV. Conduct Constituting Malfeasance and Misconduct in Office.
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An officer shall not commit malfeasance or misconduct in office. An otticer shall be
subject to removal from office in the event of any of the following: A. Conviction of or an entry of judgment in any Colorado Court upon a charge of
_ malfeasance or misconduct in office as provided in C.R.S. Sectiori 24-18-103
. (Public Trust-Breach of Fiduciary Duty) and C.R.S. Section 24-18-109 (Rules of -
Conduct for Local Government Officials and Employees), as amended.
B. Conviction of or any entry of judgment in any Colorado Court Lsle a chazge of
abuse of public office as provided in C.R.S. Section 18-8-401, , as amended.
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V. Standards of Conduct.
A. In conducting their official duties, and to the extent that private intl rests conflict
with public duties, all officers shall in good faith, observe the follolring
limitations on conduct. Violations of said limitations on conduct, as set forth in
this section, in and of themselves, shall not constitute misconduct or malfeasance
in office. i
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(1) An officer shall not knowingly fail to make disclosure of a I onflict of
interest.
(2) An officer shall not knowingly disclose information he or she knows to be,
or reasonably should l:now to be, confidential.
(3) No officer, in his or her officia] capacity, shall on behalf of any private
interest other than himself/herself, a spouse or minor children or business
- in which he or she has substantial financial interest, shall appear before
- any board. An officer may appear before Town Council or any boazd on
behalf of the electorate in the course of their duties as a representative of
the electorate or in the performance of public or civic duties!
(4) An officer shall not knowingly use Town property or services for personal
gain or profit except when the same property or services arejavailable to
the general public or authorized in the furtherance of official business. No
officer shall be deemed to have violated this section if their use of Town
property is incidental to the performance of their official business. An
officer in compliance with C.R.S. Section 24-18-109(4)(a) and (b), as
amended (Rules of Conduct for Local Government Officialsi and
Employees), shall be presumed to be in compliance with this section.
Town Council may approve policies and procedures concerriing the use of
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Town services and resources in accordance with C.R.S. Section 1-45-116
(Colorado Campaign Reform Act).
(5) An officer shall take reasonable precautions to prevent or avoid ex parte
communication with any party in interest or their attorney when such party
in interest or attorney is appearing before a boazd or commission upon
which the officer sits, and said officer is acting in a quasi judicial capacity.
Nothing herein shall prohibit the officer from obtaining legal advice or
counsel from the Town Attorney.
(6) An officer shall not vote upon any questions of his/her own conduct.
(7) An officer shall not use his or her official position to seek special
treatment or consideration for the officer, or for a member of the officers
family, or for an entity or enterprise in which the officer has a substantial
personal or financial interest to the exclusion or disadvantage of the public
generally.
(8) An officer shall not knowingly and willfully refrain from performing the
duties lawfully required of his or her office.
B. In al] official matters, officers of the Town shall conduct themselves in a manner
so as not to bring disrespect or disrepute to the office held, or to the town. During
sessions of the official body officers shall treat their fellow officers, the public and
Town employees with courtesy and respect. Violations of this section by
Councilmembers which occur during sessions of the Town Council may be
punishable as follows. An allegation of a violation of this section shall be brought
to the attention of the presiding officer before the meeting adjourns. If an
_ allegation is brought to the attention of the presiding officer, the Town Council
shall proceed to determine the matter prior to adjourning. The procedure for
-hearing the matter shall be set forfh in the Town Council rules. A violation of this
section shall be punishable by an oral reprimand made on the record.
C. Upon its own motion, an official body may heaz and determine violations of
Section V. The Town Council may develop procedural rules for the investigation
and enforcement of violations of Section V which shall be binding upon all
official bodies.
D. An officer shall not be liable for criminal or civil penalties if such officer
discloses an ex parte contact or a conflict of interest.
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VI. Conflict of Interest Disclosure; Stepping down Procedures; Councilmembers or
Board Members.
A. An officer who knows of a conflict of interest in any matter proposed or pending
before the official body shall disclose the conflict of interest to the official body
upon which they sit prior to action of the official body on such matter and shall
not vote thereon and shall refrain from attempting to influence the~ other members
of the official body voting on the matter. .
B. An officer shall be excused from voting on any matter which he or she has a conflict of interest.
C. The provision of this section conceming disclosure or stepping down shall be in
addition to any requirement of state law.
VII. Enforcement.
A. The Town Council shall have the responsibility and authority to adopt procedures
to investigate, hear and determine violations of the code of conduct.
B. This code shall not create any private rights of action or right to sue the Town or
individual officer or any other person.
C. The Town Attorney and/or the Town Manager are authorized to receive written
allegations concerning an officer of any criminal violations of local, federal, or
state law and violations of state or federal discrimination and employment law
and are authorized to refer such allegations to the appropriate law elnforcement or
regulatory agencies foi investigation. In the event an allegation fails to state facts
. supporting substantive violations of criminal or employment discrimination laws,
such written allegations shall be retumed to the person(s) who submitted the same
advising such person(s) that the allegations will not be investigatedI If in the best
professional judgment of the Town Attorney and/or the Town Manager, as may be
appropriate under the totality of the circumstances, information concerning the
complaint or allegation cannot be revealed generally to Town Cour ' cil without
impugning the credibility or validity of the investigation, or otherwise destroying
or revealing confidential information or evidence required for the irivestigation,
then the mayor, or if the mayor is otherwise disqualified or unavailable, then the
mayor pro-tem and one other Councilmember, or if not disqualifiedl, any two
other Councilmembers shall be informed. The mayor or the mayor pro-tem or
such Town Councilmember shall be authorized in such circumstance to provide
direction to the Town Attorney and/or Town Manager until such time as Town
Council may take action. Remaining members of the Town Counciil shall be
informed of the matter and developments as soon as the mayor, or Town
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Manager, and Town Attorney determine that the credibility or validity of the
investigation will not be compromised by the release of information.
(D) No officer shall interfere with or attempt to influence any criminal, civil or
administrative investigation performed pursuant to the Town Charter or this Code.
To the extent consistent with individual civil and legal rights of all officers, each
shall have an affirmative responsibility to cooperate fully in any authorized
investigation.
. (E) Notwithstanding anything herein to the contrary, the Town Council may direct the
Town Attorney, or if the Town Attorney is disqualified, the Town Manager, to
initiate and prosecute any appropriate civil action for the recovery of properry, a
. violation of fiduciary duty resulting in gain or any other appropriate civil action
against an officer or employee for conduct which may also be a violation of this
article.
(F) To the applicable extent of federal and state law the Town shall maintain the
confidentiality of any records pertaining to allegations of violations of this code
and any subsequent investigation and disposition.
VIII. Hearings.
A. Except as to allegations of violations of Section V or criminal allegations in
addition to any other rules of procedure adopted by the Town Council, the
following shall apply when the Town Council, or a person delegated by the Town
council, is the official body determining whether a violation of this code has
occurred.
. (1) The hearing shall be conducted in a judicial or quasi-judicial forum. The
- allegations shall be presented on behalf of the Town, by special counsel
. selected- by the Town Council.
(2) The Town shall have the burden of proof which shall be by cleaz and
convincing evidence.
(3) The parties shall have the following rights:
a. Present testimony.
b• Produce evidence.
C. Cross examine witnesses.
d. Be represented by legal counsel.
e. Raise any statutory privilege.
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B. The officer against whom the allegations are raised shall receive a notice briefly
stating the substance of the allegation and notice of all hearings pertaining thereto.
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C. Matters referred to a disinterested third person for determination shall be heard in
accordance with the Colorado Rules of Civil Procedure and the Uniform
Arbitration Act C.R.S. Section 13-22-201.
IX. Violations; Penalty.
A. Upon a conviction, azbitration award or entry of judgment by a court, disinterested
third party or Town council of malfeasance or misconduct the Town Council shall
cause a hearing to be held at which time it shall be determined if the officer shall
- be removed from office. (1) If the matter has been.referred to a disinterested third person for an
arbitration award, such person shall present written findings and a
determination of whether a violation of this article, the Town Charter or
other instance of malfeasance or misconduct has occurred to the Town
Council for final action. If the matter was referred to a court for
determination, the Town Attorney shall obtain a copy of the courts final
order and present it to the Town Council.
(2) The Town Clerk shall cause notice of the matter to be published and
written notice to be delivered to the officer who is the subject of the
complaint. The Town Council shall deliberate in public. The officer shall
have the opportunity to make a statement in his or her behalf prior to the
Council's decision.
(3) The proceedings shall be recorded and shall constitute final governmental
action for purposes of appeal.
. (4) A determination by the Town Council to remove the officer shall require a
unanimous vote of the Town Council eligible to vote thereon.
(5) If the Town Council votes to remove the officer, the officer may ask for a
reconsideration upon filing a written request within 48 hours of Council's
announcement of the penalty. A reconsideration may be considered only
in the event new evidence. not known or available to the officer at the time
of the hearing, is set forth in the request for reconsideration.
(6) Town Council shall announce any penalty within 48 hours of announcing
its decision. Any penalty shall be stayed until expiration of the
reconsideration period.
(7) If the Town Council imposes the penalty of forfeiture of office said
penalty shall not take affect unti131 days after Council has announced the
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penalty. During this period the penalty shall be stayed and the
Councilmember shall remain in office. Upon expiration of the thirty-one-
day period the Council shall proceed to fill the Council person's seat.
B. Upon a conviction, arbitration awazd or entry of judgment by a court or
disinterested third person or determination by Town Council as provided herein of
a violation of Section V, not otherwise constituting malfeasance or misconduct,
. the Town Council by a 2/3 vote of the members of Town Council entitled to vote thereon may impose the following penalties:
(1) If the violation was unintentional or an oversight, the Town Council shall
issue a verbal admonition which shall be part of the record of proceedings.
(2) If the conduct was negligent, the Town Council shall issue an official
written reprimand which shall be part of the record of proceedings.
(3) If the conduct was intentional, the Town Council may, censure the officer,
impose a penalty of a fine equivalent to up to one month of the officer's
pay which they receive as a board member, or remove such board member.
(4) Each repeat violation for which provisions (1) and (2) abol e apply, shall
also be punishable by impositions of a fine not to exceed one month of the
officer's pay which they receive as a board member.
(5) The penalties provided for in this section shall not foreclose the
application of any other cause of action, or right of action arising under the
Vail Town Code, Town Charter or other applicable Colorado law.
(6) - A conviction, azbitration, or entry of judgment by a court or disinterested
third person of a violation of Section V not otherwise consitituting
- malfeasance or misconduet shall.not be grounds for removal pursuant to
this code.
X. Advisory Opinions.
A. Before engaging in any conduct which may raise a conflict of interest or possible
violation of this article an officer of the Town may require in writ ing an advisory
opinion with respect to this code or any provision of the Town Charter or Town
Code concerning possible conflicts of interest or questions regarding the
interpretation of this code.
B. Except as provided herein, all advisory opinion(s) as to any potential violation of
this code or the Town Charter or other conflict of interest provision, shall be given
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by the Town Attorney. The advisory opinion so provided shall be in writing
unless required immediately at a recorded and official Council meeting, and may
require that all or portions of the opinion remain confidential. Such opinion may
. be designated as attorney-client privilege and shall generally be provided to the
official within 24 to 48 hours or within a reasonable length of time depending
upon the complexity of the issue after receipt of the Town Attomey's office.
C. If a potential conflict or allegation or complaint creates a conflict of interest, or
ethical consideration, or otherwise alleges impropriety on the part of the Town
Attorney, then an advisory opinion may be solicited from outside counsel. Town ^
Council, or the Town Manager, shall select a disinterested third party attorney
who shall not currently or previously have represented any member of Council, or
the Town Manager or Town Attorney to provide such advisory opinion.
D. The advisory opinion shall, in the best legal judgment of the advisor, opine as to
the legal implications of a situation or contemplated course of action. The
advisory opinion shall not be offered for the purpose of determining policy
direction except as to its legal validity.
E. Officers shall be entitled to reply upon advisory opinion issued for purposes of
determining adherence to or violation of this code. No officer shall be disciplined
under the provisions of this code and no officer shall be deemed to have violated
any provision of this code if, in good faith, the officer or employee has acted in
accordance and compliance with the terms of an authorized advisory opinion
issued as described herein above.
XI. False Reporting.
Any person who intentionally, knowingly or recklessly gives false or misleading
information or who makes any false statement concerning any allegation of a violation of this
code or in the course of an investigation of any allegation af a violation of this code shall be
subject to prosecution.
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Miscellaneous Provisions
The Town Council may by resolution, when necessary, change the time and place of the regular
meeting. The resolution shall set forth the circumstances necessitating such change. Such
resolution shall be published once in the Town official newspaper(s) at least 24 hours prior to the
meeting to be held pursuant to such change, the Town Clerk shall give each member written
notice, personally or by registered mail, of any change from the meeting days established by this
sectian.
. Every member desiring to speak shall address the chair and upon recognition by the presiding -
officer, shall confine himself to the question under debate, avoiding all personal attacks and
indecorous language.
The Councilmember moving the adoption of an ordinance or resolution shall have the privilege
of closing the debate.
Unless a member of the Council states that he is not voting, his silence in failing to respond to a
roll call shall be recorded as an affirmative vote.
(A) The Chief of Police, or such member or members of the Police Department as he may
designate, shall be Sergeant at Arms at the Council meetings. He, or they, shall carry out
all orders of instructions given by the presiding officer for the purposes of maintaining
order and decorum at the Council meeting.
(B) Upon instructions of the Presiding Officer, it shall be the duty of the Sergeant at Arms, or
any of them present, to place any person who violates the order and decorum of the
meeting under arrest, and cause them to be prosecuted under the provisions of this code,
the complaint to be signed by :the presiding officer.
- Any C.ouncilmember shall have the right to have the reasons for his dissent from, or protest
against, any action of the Council entered in the minutes.
All ordinances shall be prepazed by the Town Attorney and presented to the Council only in
printed or typewritten form. No or.dinance shall be prepared for presentation to the Council
unless ordered by a majority vote of the Council, or requested in writing by the Town Manager,
or prepared by the Town Attorney on his own initiative.
No Town Councilmember shall be a party, or by him or herself or through a firm appear on
behalf of such a party, in a civil lawsuit wherein the Town is also a party witliout the consent of
the Town Council being first requested and obtained.
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"Town Official" means and includes any member of a board, authority, commission or other
body appointed by the Town Council and the Municipal Court Judge. "Town O~cial" does not
mean or include any employee of the Town with the exception of the Municipal Court Judge.
(A) A Town Official may contract with the Town including a contract wherein the Town is to
pay out money for personal services.
(B) A Town Official may appear on his or her own behalf or by him or herself or through a
- firm representing anather on a Town transaction before any boazd, commission, or authority of the Town with the exception of the board of which he or she is a member. A
Town Official may appear on his or her own behalf before the board of wluch he or she is
a member provided he or she declares his or her interest and removes him or herself from
a position of influence over the transaction, including abstention from voting thereon. A
Town Official may be a member of a firm which appeazs on behalf of another on a Town
transaction before the board of which he or she is a member, provided he oi she does not
personally appeaz on behalf of the client, declazes his or her interest, and removes him or
herself from a position of influence over the transaction, including abstention from voting
thereon. A Town Official may appeaz on his or her own behalf or through a firm
representing another on a Town transaction before the Town Council, provided he or she
does not personally appear on behalf of the client.
(C) A Town Official with the exception of the Municipal Court Judge may appear for himself
or on behalf of another in Municipal Court.
(D) No Town Official shall be a party, or by him or herself or through a firm appear on behalf
of such a party, in a civil lawsuit wherein the Town is also a party without the consent of
the Town Council being first requested and obtained.
(Exceptions) The following shall not be deemed to be precluded by this ordinance:
(A) A Town Councilmember or Town Official appearing before a Town board including the
Council in urging 'an argument concerning Town issues and policies.
(B) A Town Councilmember or Town Official exercising his or her constitutional right of
free speech.
(C) The Town Council dealing with the Town as the board of directors of a general
improvement district or in another similar capacity.)
In the event of the absence or disability of both the Mayor and Mayor Pro-Tem which prevents
them from attending or participating in any meeting of the Council, the Town Clerk shall call
such meeting to order and shall call the roll. The Council shall then proceed to elect, by a
majority vote of those present, a temporary chair of the meeting. A similar procedure shall be
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followed if both the Mayor and Mayor Pro-Tem are prohibited from participating in a portion of
a Council meeting due to conflicts of interest.
The Temporary Chair shall serve a presiding officer until the arrival of the Mayor or Mayor Pro- .
Tem or until such time as the Mayor or Mayor Pro-Tem shall be allowed to participate in such
meetings, at which time the Temporary Chair shall relinquish the chair upon conclusion of the
business immediately before the Council.
Any plat or similar document which requires the written approval of the Town Council may be
executed by the Mayor, or in the absence or incapacity of the Mayor, by the Mayor Pro-Tem. In `
the event that both the Mayor and the Mayor Pro-Tem are absent from the Town or are
incapacitated at the same time, any member of the Town Council may lawfuily sign a plat or
similar document in the capacity of Assistant Mayor.Pro-Tem.
Any act required to be performed by the Town Clerk under these procedures and rules of order
may also be performed by the Clerk's designee, or such other person as may be approved by the
Council.
Any Councilmember has the right to change his or her vote up to the time the vote is announced
by the presiding officer; after that, a member may change his or her vote only by permission of
the Council, which can be given by general consent, or by the adoption of a motion to grant
permission, which motion is undebatable.
No Councilmember shall be permitted to explain his or her vote during voting or after the vote is
, announced.
Public Hearings-Procedures
Public hearings will be conducted in accordance with the following guideline procedures:
1. The presiding officer, in the order indic.ated, will:
a• Declare the public heazing open; '
b• Announce the public hearing procedure to be followed;
c. Establish, when determined to be necessary, reasonable time limits for the hearing
and reasonable time allocations to be established therein, with consent of the
Council;
d. Ask for an introductory presentation by the Town Manager or staff, if appropriate;
e. Ask for the petitioner's presentation, if appropriate;
f Ask for any presentation by those who are in favor of the matter;
g. Ask for any presentation by those who are opposed to the matter.
2• Each side of an issue will be given an opportunity to be heard and to present its case.
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3. At any point in the hearing, either side may question any witnesses who have made
presentations, but the time for such questions shall be included within the~ onginal time
allotted for each side. Any person desiring to question any witness must f rst be
appropriately recognized by the Presiding Officer before proceeding to ask his or her questions.
4. Following the presentations of those in favor and those opposed, opportunity will be
given for rebuttal. Any person speaking or presenting any information at the hearing may
be questioned by the Town Council and/or by the Town Manager, Tovim Attorney or
staff:
5.. Following rebuttal, the presiding officer will ask if any member of Council has any
questions of, or desires any additional information from, anyone who has spoken or has
presented information during the hearing. If such is the case, a member of Council may
direct the question and/or request through the Presiding Officer to such individual and the
response will be limited to the answer of the question, as stated.
6. Following questions from Council, the Presiding Officer will declaze the public hearing
closed and the matter will be remanded to the Council for consideration.
Any person who desires to appeaz before and address the Town Council may be scheduled to
appear by advising, in writing, the Town Manager of such request not later than 5:00 p.m on the
seventh day preceding a regulaz Council meeting. The request shall be in writing, soutline
the subject matter desired to be presented, shall be signed and dated by the person making the
request and shall show the address of the person submitting the request. When this procedure is
followed, the person's name and subject matter desired to be discussed will be listed on the
agenda.
Written communications to the Council aze permitted; however, unsigned.communications will
not be_ forwarded to the Council.' A copy of any unsigned written communication tI o the Council
which touches upon a quasiyudicial matter pending before the planning commission, or other
Town agency or board, shall be provided to the planning commission, agency or board, as well
as to any applicant or other person whose rights might be directly affected by the matters raised
in such written communication.
(A) Each person addressing the Council shall give his or her name and address for the record,
shall state the subject he or she wishes to address, and shall limit the address to a
reasonable time.
(B) In consideration of the number of business items that normally come beforei Council
meetings, the Presiding Officer may specifically set the allotted time for and limit any
and all addresses with the general consent of the Council.
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If nominations are closed with no more candidates being nominated than there are positions to
filled, the candidate(s) nominated shall thereby be appointed and no balloting shall be required.
.An emergency meeting of the Council may be called in the event of an emergency that requires
the immediate action of the Council in order to protect the public health, safety and welfare of
the residents of the Town. At such emergency meeting, any action within the police power of the
Council that is necessary for the immediate protection of the public health, safety and welfare
. may be taken; provided, however, any action taken at an emergency meeting shall be effective only until the first to occur of (i) the next regular meeting of the Council, or (ii) the next special
meeting of the Council at which the emergency issue is on the public notice of the meeting. At
such subsequent meeting the Council may ratify any emergency action taken. If any emergency
action taken is not ratified by the conclusion of the next regulaz meeting, then such action shall
be deemed rescinded. As used in this section, the term emergency shall mean an unforeseen
combination of circumstances or the resulting state that calls for immediate action. (Lewis v.
Town of Nederland, 20 Brief Times Reporter 1205 (Colo. App. 1996)).
All work sessions and regular, special or emergency meetings of the Council shall be open to the
public and citizens shall have a reasonable opportunity to be heazd as provided by these
Procedures and Rules Of Order; provided, however, that the Council, upon the announcement to
the public of the topic for discussion in the executive session and the affirmative vote of two-
thirds of the quorum present, after such announcement, may go into executive session for the
purpose of considering any of the following matters:
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.r
COUNCIL PROCEDURE
This procedure is intended to govern the actions of the Town Council in the general conduct of
its business and to serve as a reference in settling parliamentary disputes. In handling routine
business, the Council. may by general consent use a more informal procedure than that set forth
in this procedure.
This procedure may be suspended at any time by vote of five Council members or of two-thirds of the Council members present, whichever is greater.
CONDUCT OF COUNCIL MEETINGS
I. Presiding Officer: Mavor. •
The Mayor, as chair of the Council, is responsible for conducting.its meetings in an
orderly and democratic manner and assuring that minority opinion may be expressed and that the
majority is allowed to rule. At the same time, the Mayor retains all of the prerogatives of a duly
elected council member; the Mayor may make and second motions and take part in discussions
and must vote on all matters not involving the Mayor's personal financial interest or the Mayor's
official conduct.
II. Agenda.
A. Items are placed on the agenda by the staff with consultation and approval of the
Mayor. Council members who have items for the agenda should present agenda requests at work
sessions or regular meetings. A consensus of the majority of the members present at the work
session is necessary to place a matter on the agenda.
B. Consent items, urgent items, time budizet and order of agenda: The staff, in .
consultation with the Mayor, will designate potential consent items, so that they can be dealt with
in a summary fashion. Although consent iiems are sepazately listed on the agenda, the IVlayor
asks for any objection from the Town Council, and, hearing none, declares the item approved.
The staff and Mayor will also designate urgent items, for which delay is not possible or
inadvisable, so that the Town Council can deal with such items prior to adjournment. The staff
in consultation with the Mayor, will set the order of the agenda, which, as established in Section
2.04.050 of the Municipal Code shall be generally as follows:
a. Call to order by the Mayor;
b. Determination of quorum;
c. Minutes of preceding meetings;
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d. Citizens Participation (3 minute limit per person, on a first come, first
served basis). Citizen Participation is a time set aside for citizens to
address the Council concerning Town business not otherwise on the
agenda for public hearing. The Council's goal is to begi i Citizen
Participation at 7:30 p.m. and end not later than 8:00 p.m. Citizen
Participation lasts 30 minutes or such lesser time as is required to
accommodate all persons signing up to speak. When Citizen Participation
is closed prior to all persons signed up having an opportunity to speak,
such persons are accommodated, if possible, after the last public hearing -
item on the agenda or given priority at the next Citizen Participation,
usually two weeks later. The Council reviews Citizen Participation and
assures that an appropriate response is given if the Counc~il determines that
a response is required. Such review is usually immediately following the
Citizen Participation. Staff and Council responses aze discouraged at the
meeting, except for referral to the staff for further analysis and reports and
ultimate Council decisions on a future agenda;
e. Consideration of Ordinances, Resolutions, and Motions. Expected
substantial public comment items are generally placed first on the agenda,
but critical short items or items of extreme public interest may be placed
first when deemed appropriate by the Mayor.
Although second readings of ordinances are generally calendared last on
the agenda, the Town Manager may request that a particuliar first reading
' be scheduled earlier on the agenda when CounciUpublic/staff interaction
on the item is important.on second reading;
f. Consideration of other matters on the agenda;
" g.Reports from Town Manager and Town Attorney; _
h. Statements, observations, and inquiries by the Mayor and Councilmen. At
this point, any Council member may place before the Council matters
which are not included in the formal agenda. This item is generally
limited to responses to Citizen Participation, appointmentsi to boazds and
commissions, sharing of information, and requests for advice concerning
matters pending before other bodies, call-ups, requests for Istaff work, and
requests for scheduling future agenda items. Matters requi~lring a formal
Council vote, such as motions to sponsor an event or to allocate funds, are
normally placed on the agenda through the regular agenda review process,
rather than dealt with under this item;
i. Concluding statement by the Mayor;
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k. Adjournment. The Council's goal is that all meetings be adjourned by
10:30 p.m. An agenda check will be conducted at or about 10:00 p.m.,
and no later than at the end of the first item finished after 10:00 p.m.
Generally, absent a deadline which the Council cannot effect, no new
substantial item will be addressed after 10:30 p.m. No new item shall be
introduced after 10:30 p.m. unless two-thirds of the Council members in
attendance at that time agree. All Council meetings shall be adjourned at
or before 11:00 p.m. Items not completed prior to adjournment will
generally be taken up at a special meeting at 7:30 p.m. on the following
Tuesday evening. "
III. RULES OF SPEAKING
A. To obtain the floor, a Council member or staff inember addresses the Mayor.
B. To assign the floor, the Mayor recognizes by calling out the person's name. Only
one person may have the floor at a time. A person shall not speak while another
has the floor. The Mayor generally next recognizes the person who first asks for
the floor after it has been relinquished.
C. During Citizen Participation or public hearings, members of the public aze
recognized by the Mayor. No person shall make a presentation (not including
Council questions) longer than 3 minutes, unless given permission by the Mayor
before beginning to speak.
D. Speakers will not generally be permitted to "pool" their time: Permission may be
granted if the Mayor determines that substantial time can be saved thereby and
issues better addressed in order to facilitate public participation in Cauncil
decision •making. Speakers desiring to pool their time will not be granted the full
pooled total, but a proportiori determined by the Mayor, in light of the complexity
of the issues to be addressed and the projected time saved from the pooling. All
persons wishing to pool their time must be present at the meeting in order for the
Mayor to recognize pooled time. No pooled time presentation will be permitted
to exceed 10 minutes total.
E. Proponents of an agenda item, especially in a quasi judicial proceeding, may
request additional time, as reasonably required to present their case. In response,
the Mayor may designate a longer time period for proponents, generally not to
exceed 15 minutes and to occur immediately upon the opening of the public
hearing, in order to give the public an opportunity to respond. Additional support
from proponents positions should come from individual witnesses.
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F. All Council members, staff inembers, and members of the public are requested to
direct their remarks to the Council action that they are requesting. Speakers
engaging in personal attacks may be interrupted by the Mayor.
G. The staff and the Mayor will attempt to focus discussion of age i da items in
accordance with the materials which should contain a proposed outline of
decisions. Staff presentations aze generally limited to a 3 minutie summary of
packet material and issues for Council decision. New information, large graphics,
and any presentation authorized by Council are exceptions to this rule.
H. Council members should minimize debate prior to public hearings and use the
period prior to public hearings to ask questions for clarification rather than to
lecture, give speeches, score debating points, or ask rhetorical questions. The
Mayor may intervene to avoid extended debate prior to public hearings.
I. Tabling motions aze generally discussed before they are made, in order to allow
for a reasonable amount of Council discussion prior to making a nondebatable
motion .
J. Council members will when possible give early warning to the Mayor and the
Town Manager whenever substantial opposition is anticipated to an agenda item,
so that an appropriate staff and Council response can be prepazed.
K. Questions are rotated so that to the extent practicable, different Jouncil members
are given the lead on each agenda item and questions are grouped by subject
matter whenever it is practicable to do so.
L. The Mayor may intervene in Council debate in order to determine whether
Council wishes to postpone Council action if more information or staff work
_ appears warranted to facilitate a Council decision: IV. PROCEDURE IN HANDLING MOTIONS.
A. A Council member, after obtaining the floor, makes a motion. (If long or
involved, it should be in writing.) The Council member may state reasons briefly
before making the motion; but may argue the motion only after it has been
seconded; and having spoken once may not speak again until everyone who
wishes to be heard has had the opportunity to speak, except to answer questions
asked by other Council members. Having made a motion, a Council member may
neither speak against it nor vote against it.
4
B. Another Council member seconds the motion. All motions require a second, to .
indicate that more than one member is interested in discussing the question. The
seconder does not, however, have to favor the motion in order to second it, and
may both speak and vote against it. If there is no second, the Mayor shall not
recognize the motion.
- C. The Mayor states the motion and asks for discussion.
D. General debate and discussion follow, if desired. Council members, the Town
Manager, or the Town Attorney, when wishing to speak, follow the rules of
speaking outlined above. The speaker's position on the motion should be stated
directly: "I favor this motion because...." "I am opposed to this because....", etc.
Remarks should be addressed to the Pvlayor.
E. The Mayor restates the motion and puts the question. Negative as well as
affirmative votes are taken.
1. If the Mayor is in doubt of the result of a voice vote, the Mayor may call
for raising of hands or a roll call vote.
2. If any Council member is in doubt of the result of a voice vote, the
Council member may obtain a vote by raising of hands or by roll call by
calling for it (without need to be recognized by the Mayor).
3. In case of a tie vote, the motion is lost.
F. The Mavor announces the result. The motion is not completed until the result is
announced.
V. PROCEDURE IN HANDLING ORDINANCES. RESOLUTIONS AND
IMPORTANT MOTIONS. A. All ordinances, with the exception of an emergency ordinance, require at least two
readings, and the Town Charter requires seven days' advance publication in final
form. The Mayor, after consultation with staff, may require similar publication of
complex or import motions and resolutions, in order to assure informed citizen
participation.
B. On first and second reading, the Mayor reads the title of the item set forth on the
agenda, followed by the staff presentation, and then the Council has an
opportunity to ask questions of the staff. Thereafter, the Mayor opens a public
hearing and supervises the public hearing. If any Council member wishes,
questions may be asked of persons testifying. The Mayor then requests an
5
appropriate motion. Once seconded, the Mayor restates the question, followed by
discussion by the Council, the Town Manager, and the Town Attorney and
dialogue with staff in response to questions raised by the Council, followed by
debate, proposal of amendments, if any, in consideration thereof in the form of
motions. After debate, the Mayor restates the question and requests a vote. After
the conclusion of the vote, the Mayor declazes the ordinance adopted or defeated.
C. Resolutions are handled in the same manner as the reading of an ordinance.
. VI. VOTING.
Voting ultimately decides all questions. The Council may use any one of the following
ways of voting: .
A. Voice vote. All in favor say "aye", and all opposed say "no". The Mayor rules on
whether the "ayes" or the "nos" predominate, and the question is so decided.
B. Raising of hands. All in favor raise their hands, and then all opposed raise their
hands. The Mayor decides which side predominates and notes dissents for the
record.
C. Roll call. The Clerk calls the roll of the Council members, and each member
present votes "aye" or "no" as each name is called. The roll is called in
alphabetical order, with the following special provision: on the first roll call vote
of the meeting, the Clerk shall begin with the first name on the list; on the second
vote, the Clerk shall begin with the second and end with the first; and so on,
continuing thus to rotate the order. This rotation shall continue from meeting to
meeting.
VII. NOMINATIONS AND ELECTIONS.
A. Nominations for Mayor and acting Mayor (generally referred to as Mayor Pro-
Tem) and for an appointment to f ll a vacancy on the Council are made orally. No
second is required, but the consent of the nominee should have been obtained in
advance. Any person so nominated may at this time withdraw his or her name
from nomination. Silence by the nominee shall be interpreted as acceptance of
candidacy.
B. A motion then is made and seconded to close the nominations and acted on as any
motion. The voting is accomplished by raising of hands unless there is only one
nomination and a unanimous vote for the candidate. The names shall be called in
alphabetical order or reverse alphabetical order depending upon a flip of a coin by
6
the Clerk, who shall thereafter alternate the order for all further election ballots
during the same meeting.
C. If it is the desire of the Council to use paper ballots rather than a voice vote, such
a procedure is proper.
D. If any of the candidates nominated receives five votes on the first ballot, such
person is declared elected. If none of the candidates receives five votes on the
first ballot, the candidate (plus ties) receiving the lowest number of votes is
dropped as a candidate unless this elimination would leave one candidate or less
for the office. If this elimination would leave one candidate or less for the office,
another vote is taken, and once again the candidate (plus ties) receiving the lowest
number of votes is dropped as a candidate unless this elimination would leave one
candidate or less for the office. In the event that one candidate or less is left for
the office after the second vote, a flip of a coin shall be used in order to eliminate
all but two candidates for the office.
E. In the event that none of the two final candidates receives five votes on the first
ballot on which there are only two candidates, another vote shall be taken. If no
candidate receives five votes on the second such ballot, the candidate who
receives the votes of a majority of the Council members present shall be declared
elected. If no candidate receives such a majority of votes, the meeting shall be
adjourned for a period not to exceed twenty-four hours, and new nominations and
new ballots shall be taken. If no candidate receives five votes on the first ballot at
the adjourned meeting on which there are only two candidates, another vote shall
be taken. If no candidate receives five votes on the second such ballot, the
candidate who receives the votes of a majority of the Council members present
shall be declared elected. If no candidate receives a majority vote on the second
. , such ballot at the adjoumed meeting, a flip of a coin shall be used to determine .
which of the two.final candidates shall be declazed elected as Mayor or Mayor
Pro-Tem. The Charter requires a majority vote to fill a vacancy on the Council.
F. Elections to fill positions on boards or commissions shall be conducted in the
same manner. However, a majority of the Council members present rather than a
majority of the full Council is sufficient to decide an election of this nature. Each
board or commission vacancy shall be voted on separately.
VIII. RESEARCH AND STUDY SESSIONS.
A. Information/Research Requests. Requests for information should be directed to
the Town Manager or the Town Attorney. Requests for a briefing should be
directed to the Town Manager or the Town Attorney. A single Council member
may require the Town Manager or the Town Attorney to provide available
7
information at any time or to answer any question concerning an agenda item.
The concurrence of three Council members is required to assign a matter for
research by staff. For staff to spend more time than the Town M~anager or the
Town Attomey considers reasonable in light of other staff time commitments, the
concurrence of five Council members is required. In such case, the Manager or
Attorney shall report the results of the preliminary research and an estimate of the
time required to complete the task as the Manager or Attorney p ioposes. In any
case, a vote sha11 be taken at a Council meeting, but work ma y proceed in an
emergency pending such vote. The Council shall be informed of any such - emergency work.
B. Work Sessions. Materials for work sessions generally will be made available to
the Council and the public at least ten days before the date of the wsession.
Notice will be given as for other Council meetings. Written comments received
by staff prior to noon on the Thursday preceding work session will be forwarded
to all Council members. Testimony of persons other than staff is not permitted at
work sessions unless a majority of the Council members present votes to suspend
this rule. The Council will give direction to staff at work sessions for the
presentation of action items at future regular Council meetings. Suminaries of
work sessions are placed on the Council agenda for approval, including the
direction given, any remaining issues, and any staff reaction or proposed work
plan in response to the work session.
IX. PROCEDURE IN HANDLING MAJOR CAPITAL IMPROVEMENT PROJECTS.
Prior to a development review decision by the Planning and Environmental Commission
or the Design Review Board, and whenever possible at the time of the Council's review of the
community environmental assessment relating to a project to be constructed by the Town or a
related improvement district, the Council will determine by motion whether it wishes, as the
owner of the project, to review the project prior to the development review. If so, the Mayor will _
schedule a public hearing and consideration of a motion directing staff concernirig (1) the
program and (2) the conceptual design of the project. At such time, the Council will deal only
indirectly with the factors which may ultimately be entailed in a development review application
as it may be later called upon to adjudicate such questions on a call-up of a Planriing and
Environmental Commission or a Design Review Board decision.
X. COUNCIL CALENDAR.
The Assistant Town Manager, or other staff person designated by the Town Manager,
maintains and sends at least weekly to Council members a calendar of hearings si t by Town staff
and boazds and commissions and events at which the Mayor or any Council member will have a
ceremonial or a substantive role. Any Council member may attend such hearings and events, but
8
Council members may not testify at a board or commission hearing and may be dis-invited from
ceremonial events by the host. Council members are responsible for notifying the Assistant
Town Manager of hearings and events for which they are the liaison to the Council.
XI. COUNCIL LIAISONS.
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PARLIAMENTARY PROCEDURE
Except as otherwise provided herein, all matters of procedure are governed by Robert's
Rules of Order Newlv Revised (1990).
. POLICY STATEMENT
CONCERNING DECLARATIONS.
PROCLAMATIONS.
AND RESOLUTIONS
1. All matters proposed for Council or mayoral action which commemorate a period
of time or commend the actions of a person or a group or endorse a position or an
idea not directly related to the affairs of the Town shall be screened by the Mayor.
2. If a group with substantial local support requests such action, and the Mayor
determines that there is no substantial political issue concerning such action, the
mayor may issue a declaration for the action. Such declaration shall be forwarded
to a binder kept for such purpose in the office of the Town Manager but shall not
be placed on the agenda unless the Council determines at a meeting by majority
9.
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vote of the Council members present to call-up the matter, in whiich case the
action shall be revoked upon the passage of the call-up motion, pending further
action by the Council at its next regular meeting.
3. In extraordinary circumstances, if the group supporting the action determines that
it wishes Council action rather than a mayoral declaration, and tlie action
otherwise meets the criteria set forth above, the Mayor may, if th'e Mayor
considers such action appropriate in light of the importance of the action and the
. additional business on the Council agenda, place a proclamation or a resolution on
the agenda for Council action.
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4. A resolution is a legislative action reserved for legislative concems, including
without limitation conveyances of positions or ideas to other legislative and
administrative bodies. ~
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5. In the event that a substantial political issue is determined to be piesented by a
proposed declaration or proclamation, the Mayor shall not act or place the matter
on the agenda, but instead will inform the group supporting the action that the
matter will be placed on the agenda only if a majority of the Couricil znembers
present at the meeting of the Council so directs: The burden shall be on such
group to present the issue to the Council. The Mayor may request Council advice
at any time concerning proposed mayoral or Council action.
6. Council shall not act on a foreign policy or national policy issue on which no prior
official Town policy has been established by the Council or the people, unless
sufficient time and resources can be allocated to assure a full presentation of the
issue.
7. Publicity for fund raising efforts and community events will be deemed
inappropriate for Council action, although major efforts and events may be
commemorated if the majority of the Council members present at.1a meeting of the
Council so directs. ~
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c:lcouncil.pro
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MEMORANDUM
To: Vail Town Council Members
Bob McLaurin
From: Suzanne Silverthorn, Community Information Office
Subject: Town Council Rules and Procedures
Date: August 1, 1997
In preparation for the upcoming Vail Town Council retreat, I wanted to share some thoughts
about tlie draft rules and procedures document distributed previously (see attached). The
' following suggestions and modifications are based upon the goal of developing a set of
"citizen-friendly" rules and procedures that not only enable Council to be effective in getting
projects successfully implemented through publicly and politically-supportable decisions, but
building positive relationships with the constituency, as well.
After reviewing the draft with community collaboration experts Tweed Kezziah and Susan
Watkins, here are some suggestions for your consideration:
Council Procedure, Conduct of Council Meetin sg 2-D
• Limiting citizen participation to 3-minutes could become dangerous...because sooner or
later someone will need to enforce it. And that's when potential problems are likely to
occur. In other cities where this rule has been enacted, people have stood up and said that
as taxpayers they have a"right" to address the Town Council for as many minutes as they
need. Suggestion: Consider a more citizen-friendly announcement by the Mayor before
. each of the meetings (similar to what is being done currently). Something like:
"Before we begin our public comment period, I need to let everyone know
that this Council has a responsibility to get through these agenda items as
efficiently as possible, yet we want to make sure we're also as fair as possible
to those involved. We prefer not to impose a time limit, but if we have to,
. we will." When you step up to the podium, please be brief, organize your
thoughts ahead of time and please don't repeat what others have said.
We're looking for new ideas and new perspectives. We'll check in with
the rest of the Council in 45 minutes.to see if we need to impose a time limit.
Again, we don't want to do this, but if we need to, we will. Now, I'd like to
ask all of you to work with us together to hear all the issues as fairly and
efficiently as possible."
This puts the burden on the citizens for time management and puts the Town Council in a
more favorable position.
• Consider changing the last sentence in this section to read: "Staff and Council actions
(rather than responses) are discouraged at the meeting, except for referra] to the staff for
. further analysis and reports and ultimate Council decisions on a future agenda."
Council Procedure Rules of Speaking 3 C
• Suggestion: Rather than limit comments to three minutes, insert something like:
"People addressing the Council during citizen participation and/or public
hearings will be given a brief and reasonable amount of time to speak, offering
new insight and new information with each speaker."
Council Procedure. Rules of Speakinia 3-D
• Suggestion: Eliminate. This appears to be an additional "rule." People will likely find a
way to break it.
Council Procedure, Rules of Speaking, 3=E
• Suggestion: Eliminate. The Vail Town Council could be accused of being i nfair because
the time allowed is greater for proponents than opponents.
Council Procedure, Rules of Speaking, 3=G
• Suggestion: Eliminate. Allow everyone the opportunity to speak as long as'necessary,. .
while insisting that speakers be as brief as possible. ~
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Council Procedure, Research and Study Sessions 8-A ~
• Suggestion: Consider re-working into the context of open work sessions fo i community
dialogue. ~
Council Procedure, Declarations Proclamations & Resolutions No 5
• Suggestion: Be careful. It may be dangerous for only the Mayor to be making political
judgement. It could put the Mayor in an awkward position.
Other Comments and Sug estions ~
Let's ask ourselves why these Council policies are needed. We all need to understand the
problem we're trying to solve. Is it more efficient meetings we're after? Also, let's make sure
the guidelines are consistent with our central philosophy that people who will be affected by a
decision have the right and the responsibiIity to have a say in that decision, and that our citizen
participation methods are open, honest and fair, and are in the long-term interests of the public.
In government, some will say the more rules you have, the more trouble you get into because
people try to buck the system, which upsets those who are trying to play by the rules. We should
aim to keep these guidelines as simple as possible. Let's not write a policy unless it's absolutely
necessary.. After identif}%ing the problem we're trying to solve, maybe each of us could get out
and talk fo people about the concern. for the length of ineetings, etc., and ask for oth'er
suggestions for improvement.
I hope these thoughts assist in contributing to a productive discussion about this important topic
during the retreat. ~
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ECONOMIC STABILITY
CRITICAL STRATEGY
PROMOTE A STRONG, VIABLE LOCAL ECONOMY THROUGH A PARTNERSHIP W1TH THE PRIVATE SECTOR. THE LOCAL ECONOMY
SHOULD HAVE A SOLID ECONOMIC BASE AND REASONABLE RATE OF GROWTH. THE TOWN WILL STRIVE TO STRENGTHEN VAIL'S
ECONOMY WHILE MAINTAINING ENVIRONMENTAL AND DESIGN EXCELLENCE.
Obiectives
a. Enhance economic development opportunities.
b. Strengthen the relationship with the business community.
c. Encourage responsible redevelopment in Vail Village, tionshead and West Vail.
d. Increase the number of live beds in the Vail Village and Lionshead.
e. Work with the private sector to improve the quality of existing bed base.
f. Work with the private sector to increase taxable retail sales.
g. Improve customer focus and service. h. Encourage special events and create festive retail opportunities.
1997 Actions Res onsibilit Time Budqet ImoacUFundino
• Complete Develop Review Improvement Process Cou I, RIP Team, McLaurin 12/97 NA
• Complete Village loading and delivery study McLau Grafel, Hall, Morrison 12/97 $30,000
~ Develop plan for Lionshead Redevelopment Council, McLaurin, Connelly, Grafel j J s on going
and form partnerships to implement plan
~ Develop non peak strategies TOVNfyTask Force, Mcc, f S on going $10,000
• Complete Vail Tomorrow Effort and implement Council, Silverthorn, Connelly, McLauirn 12/97 , $50,000
relevent actions '
• Participate in planning for 1999 WASC McLaurin, Grafel, Morrison, /-/j 2199 $112,000
1998 Actions Resoonsibilitv Time Budaet Imaact/Fundina
• Participate in planning for 99 WASC McLaurin, Grafel, Morrison 2/99 $112,000
~ Oevelop non peak shategiss TOVNA Task Force on going $10,000
1999 Actions Resoonsibilitv Time Budaet ImaacUFundinq
• Work with WF, VA to implement WASC Council, McLaurin, Grafel, 167 2/99 $112,000
• Develop non peak strategies TOVNA Task Force on going $10,000
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TRANSPORTATION
CRITICAL STRATEGY PROVIDE FOR THE SAFE AND EFFICIENT MOVEMENT OF PEOPLE AND GOODS WITHIN THE TOWN. THE TOWN IS COMMITTED TO A MULTI MODEL
TRANSPORTATION SYSTEM WITHIN THE TOWN OF VAIL.
Obiectives
a. Improve the efficiency of the TOV Transit System.
b. Work with the Regional Transportation Authority to improve the efficiency and effectiveness of the Regional Transportation System.
c. Work to provide for the efficient delivery and distribution of goods in Vail Village and Lionshead.
d. Provide for the safe movement of bicyclists and pedestrians within the TOV and in the region. e. Maintain a safe and efficient street system in the Town of Vail. Minimize congestion.
f. Work with the Rail Coalition to secure the abandoned Southern Pacific railroad right of way.
1997 Actions Resoonsibilitv
• Develop Transportation Plan for 1999 WASC Te Budqet fmoacUFundina
Grafel, Rose, McLaurin 9/97 NA
• Continue to participate in the Regional Transportation Authprity Foley, Rose, Grafel, McLaurin
• Complete loading and delivery study on going $115,000
ConGnue to implement Holiday Management McLaurin, Grafel, Morrision 12/97 . $30,000
• Grafel, Rose annually NA
• Replace six buses Scholl, Rose, Grafel 12/97
• Implement Traffic Code modifcation (speed limits) Hall, Moorhead $1,250,000
NA
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INFRASTRUCTURE
CRITICAL STRATEGY PROVIDE FOR THE CONSTRUCTION AND MAINTENANCE OF PUBLIC INFRASTRUCTURE NECESSARY TO MAINTAtN ANO ENHQNCE THE QUALITY
OF LIFE FOR RESIDENTS AND ENHANCE THE QUALITY OF THE EXPERIENCE FOR OUR GUESTS.
Obiectives
a. Plan, prioritize and fund infrastructure necessary to maintain and enhance the quality of life and the quality of experience in the community.
b. Prepare a 5 year capital budget which prioritizes the TOV capital needs.
c. Identify and construct capital improvements necessary to enhance the 1999 Ski Championships.
d. Commit to and fund a systematic street reconstruction program.
e. Identify additional funding sources to help fund major capital projects.
1997 Actions Resaonsibilitv Time Budaet ImoactlFundina
~ Construct West Vail Interchange McLaurin, Grafel, Hall 11/97 $5,500,000
~ Construct Vail Valley Drive (Hansen Ranch - TRC) Grafel, Hall 11/97 $400,000
~ Pave Dowd Junctian Bike Path Hall 6/97 $466,000
~ West Forest Rd Overlay Hall 8/97 $ 225,000
~ Construct West Vail Bike Path (Matterhorn/W. Gore Ck) Hall, Todd O 10197 $320,000
~ Replace TRC Pavers and Stairs to Slifer Plaza Grafel, Gallegos 10/97 ??7
~ Construct VTC/Ford Park Rec Path Hall, Tood O 10/97 ' $550,000
~ Reconstruct Checkpoint Charlie Plaza Grafel, Hall 10/97
~ Public Works Shop Upgrade Phase II Grafel, Hervert 10/97 $ 600,000
~ Complete design of Lionsridge Street Project Hall 11/97 $50,000
1998_ q_cti_n5 Resaonsibilitv
Time Budaet ImpacUFundinq
. Reconstruct Slifer Plaza Grafel, Hall 10/98
. Construct improvements at Seibert Circle Oppenheimer, Hall, AIPP 10/98 $375,000
. Westhaven Overlay Hall 8198
. Construct Lionsr'rdge Loop Streei Project Hall 11/98 $2,700,000
1999 Actions Resoonsibilitv
~ Reconstruct Children's Foundation Pavers McLaurin, Grafel " Time Budaet ImoacvFUndina
' Reconstruct Vail Valley Drive (Golden Peak to Sunburst) Hall, Grafel, McLaurin 10/99
10/99
2000 Actions Resaonisibi~it~
• Lionshead Redevelopment Council, McLaurin, Connelly, Grafel 10l00 Bud et I acUFundin
• Reconstruct Meadow Drive (East Vail) . Grafel, Hall a??7
11/00 $2,200,000
2001 Actions Resoo_ ~~~p~~n~
~ East Bridge Road Reconstruction Grafel, Hall Tie Budaet Imoact/Fundinq
10/01 $2,500,000 I
COMMUNITY COLLABORATION
CRITICAL STRATEGY
EXERCISE COUNCIL LEADERSHIP TO IMPROVE COMMUNITY DIALOGUE AND FOSTER A MORE COLLABORATIVE COMMUNITY.
Obiectives
a. Foster a more collaborative community
b. Improve community dialogue and participation in the creation of programs and policies that enhance our community's quality of life.
c. Build trust and credibility within the community through promotion of responsible and responsive decision-making by TOV staff and council. ,
d. Identify (conflicting) needs, values and concerns of the community audience segments.
e. Articulate and clarify key community goals and issues to audience segments.
f. Create an environment of informed community consent on major public decisions
1997 Actions Resoonsibilitv Time Budaet ImoacUFundinq
• Increase presence in community through organized appearances Council, McLaurin, Silverthorn on going NA
presentations to Village 8 Lionshead Merchants, Rotary, etc • Host regular Mayor/Council walkabout through neighborhoods 8 businesses Council, McLaurin, Silverthorn on going NA
• Host town wide community breakfasts on a quarterly basis Council, Silverthorn, McLaurin on'going $5,000
• Complete the Vail Tomorrow process and implement relevant ac6ons Council, Silverthorn, Connelly, McLaurin . 10/97 NA
Use public participation to identiry the preferred alternaGve for loading
and delivery in the Vail Viltage Council, Silverthorn, McLaurin Hall Grafel 12l97 $20,000
• Use Qublic participa6on to complete the Lionshead Master Plan effort Silverthorn, Connelly, McLaurin 1/98 $400,000
• TOVNA Community Task Force Counicl, McLaurin, Silverthorn on going $7,500
LOCAL HOUSING . .
CRITICAL STRATEGY FACILITATE THE PROVISION OF A RANGE OF HOUSING OPPORTUNITIES WHICH WILL PROVIDE LOCALS AN OPPORTUNITY TO LIVE IN
VAIL. THE TOWN BELIEVES LOCAL HOUSING OPPORTUNITIES SHOULD INCLUDE OWNER-OCCUPIED DEED RESTRICTED UNtTS,
RENTAL UNITS AND UNITS FOR USE BY SEASONAL EMPLOYEES. THE TOWN OF VAIL RECOGNIZES THAT LOCAL HOUSING IS
IMPORTANT TO MAINTAINING OUR SENSE OF COMMUNIN AND IS CRITICAL IN SUSTAINING THE VIABILITY OF THE LOCAL ECONOMY.
Obiectives
a. Maintain the existing rental housing base in Vail.
b. Facilitate the development of new seasonal housing.
c. Facilitate the construction of new long rental housing in Vail.
d. Facilitate the development of new owner occupied units in the Town of Vail.
e. Develop partnerships to help implement the Town's housing goals and strategies.
f. Update and revise existing housing regulations as necessary.
g. Continue to utilize and enforce existing employee housing regulations.
h. Use the TOV land development regulations to help achieve the Town's goals.
1997 Aetions
• Plan, design and construct Public Works Housing Project ResoansibilRv Time Budaet Imuact
• Construct Seasonal Housing at Public Works Knudtsen, Grafel, Hervert complete $250,000
• Complete GRFA revisions Knudtsen, Grafel, Hervert 1/98 $2,100,000
• IdenUfy housing components of LH Master Plan Mollica, Forrest 17? $5,000
• Participate in Eagle County Housing Task Force Knudtsen, Connelly 72/97 NA
• Determine the a ra nate use of the Ber Creek roPe Knudtsen on going NA
PP P ~Y P rtY Council, McLaurin, Connelly, Moorhead 12/97 NA •
1998 Aetions
~ Plan, design and program housing at Manager's lots Resnonsibilitv Tie Budaet Imoact
~ Construct Red Sandstone Units Knudtsen, McLaurin 10/98 $150,000
~ Plan, design and program Arosa A Frame . Knudtsen ' 12/97 $875,000'
~ Evaluate opportunitles for availabilily of Tmber Ridge units Knudtsen, McLaurin 10/98 $50,000
Knudtsen, Moorhead, McLaurin 12197 NA
1999 Actions
• Construct housing at Manager's lots Resnonsibilkv Time Budaet Imoact
• Construct housing at Old Town Shop Knudtsen, McLaurin ~ ~~9y ??7
~ Redevelop Arosa A Frame Knudtsen, McLaurin 10/99 774
~ Plan, design and program housing in Lionshead includin9 old sho Knudtsen, McLaurin 6/99 7??
P Knudlsen, McLaurin 10/98
'The TOV will fund the construcdon of these units from the Housing Fund. When the units are sold, this fund will be reimbursed.
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('APTI'AL PROdM;CTti FUND
SUMMARY OF REVF.NUE ANll F.XPEIYDITUREti
. iuy7-zonz
1997 1998 1999 2000 2001 2002
Rcvcnuc:
tinlcslaX 6.$88.379 6.547.430 6.861.337 7.072.8711 7.2014.692 7.188.900
I.ili 'fax
('ounry Salcs TaN
Sharcd Prqjcct ('cnts 80.000
Rh;TI' Laan'Payment 1.000.000 Luun.nuu
(ir.mt - Vnil ('ommons Infrnslrucwre 225,000
Vail l'ommons l'omm Ieasc 41.51111 511311111 5II.II00 55.01111 611.IIII0 611.01111
I'cJcral crants - Russcs II 1.000.000
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N'cst Vail Inirrchange Reimhursemeni . .
Paikmg Rcimh
- I r:mslir tiam Ihr 61 11
Imctrsi Inconn dc (hhcr 200.111111 11111.111111 11111.111111 11111.111111 11111.01111 100.0011 -
- - -
loial Rci•enuc 8.I34.874 8.747.430 7.0113?7 7.Ifi7.370 7.368.692 7.548.9119
F;ynipment Purchescs
I'IR' I NCk RCoIBCI'llll'Ol 177.111111
Pirr'I'nsM AdJition 177.055
I:ire'I nicl. RcbuilJ I1111.01111
new capi,ai n~~vy i:y~~pnie„f 110.500 55.111111
icti«<
Rcpiwrr liuscs 911.111111 47.11110 06,000 52.111111 152.000
Rrpdacc Ruscs 62.111111 2,124.114 2.11211.IIU0 1.5? I.11011
l'~~~,y M.ichinc-('onun ncv
('omputcr Rcplaremcnl 600.111111
Mabucnancc
Rcconstmct Muni Buildine Parking U SII.UUII
5iroct Ivmitwc Rcplaccmcnt III.IIIIU III.IIIIU I11.111111
Itus Shchcr Rcplaccmcnt Progntn 15.001) 15,000 I5.111111 211.IIII0 211.01111
P:irl.ing titructuiti (';mital Maimcnrncc
(~apil:d tilrcct Maintcnancc ?18.111111 1 711.111111 225.111111 152.11011 1.133.111111 976.111111
Muni IiuilJine Rcmudcl
I acility ('apilal 1116.000 146.111111 138.000 129.11011 142.11011 132.111111
1t1'CCE NCl'1111tifYUCtI/111
l il,l f l'(,urst' 10,586
Mailcrhom
I ionsri4c Arc:i SII.111111 1,5 111111
V:iil Vallc)' flrixc - "59,111111
I.asi Vail - liridgc Rd... - - 2.405,0011
I.asi Vail - McaJow I.anc 2.198.11110
Girn I.vun
. ' . ~ . . 1.41111.111111
titrcctscapc Prajects
1'1'csl Mcadow Ilnvc
ticibcit ('irelc ~ 45,111111 242.111111
nirr scii,c„ Circie ,u.nnu
f)nhsun/I.ibiarv Plar:i 'huic 44.441 '
I.:isi I.ionshcaJ kus tiiop 11
I944 ('h:unpiunship I.nh:uucmcnts IUII 11110 950.111111
tilili•r Pl:va
('hcck Poinl ('harlic
1 R(' `lairs fi Pavcrs Ilcaiine
VV Ilm•c (('ost tiharc VA) 3$11.111111
Buildinks & Improsemrnts
lown Shop Inyirovcmcnts 716.888 ''.I1111.111111 1.725.111111
P11' IduilJing Rcntodcl (44lI0I) 485,00I1
Rcnovation of thc I ranspirtation ('cnlcr 118.991
Vail I irc Staiion 1.43II.11110
Policc Ilcpanmrnl Spacc I[spansion 111.446
WrSt lintro - Muni RuilJing & tiidLisalk 1)
BHdy;c ('onstructlon
Pulis liridgc 1-2,191
('uvcrcJ liridgc
( bn't
tl ' I I'8.1V Kd ~
11k/15/97
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('APITAL PR(x?F:CTti FUIYD I
SUMMARI' OF RF,VF:NUF. AIVD EXPEN"DI7liRF.S i
1997-21102 .
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1997 1998 1999 20110 2001 2002 ~
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( Mhcr Imprnvements ~
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Install NL%v Itus Shellers
Pirr ncTt - Dicsei Exhaust Systcm lmp ~
AnA ('ompli•rncc 25.0011 25.01111 25.0110 25,000 25.0011 25,01111
tiiicri I.ight Improvcmcnt Pmgr.im 40.11110 40.0041 411.1100 40.000 40000 411.000 1
f)rain:gc Improvcmcnts I lU 111111 121.0II1) 1(A.0011 1411.111111 147.11110
News r:,pet nispe„s«< o I
PilxrOptic('onncclian I5.111111 I5.111111 I5111111 15,111111 I
~ t'hrislmas I.ighls 3II.111111 411111111 . .
('h:mwnis ('ulvcn Rcplarcmcni I
V:iil ('ommonc Or.mt (Pasc'I hni) 225.11110
Ilclipad Improvcmcros 6.6110
I
IntcrchanKc Improvemcnts '
W'cct Vail Intcrehanec 5.5011.IIIIU , I
tiimh.i Run linJcrpass
Vail ('ommons Riwd lmpmvemcnts 41111.111111 I
Main Vail Interehange lmpmvements 42.249
\ Mas I.iehls I
M•r+tcr PI•rnn(ny; II
Wesi v:tii nesigi, ~~~~ddin« (r:iss rnN) ~
11`csl Vail Ilcvclopmcnt
I
I oadine & nclivcry StuJy 25.000
Firc tilation Stud}' I4.01111
I
Projcct hinnaXcmcnt ~
Projccl Manegcmrnt
( )Ihcr ~
'
!flO'IA L OP-'lllli AROVIiPRO.Ilf('"IS 9.921.9114 7.437.?14 5.1196.111111 5.162.1195 7.450.01111 4.246.11110
lYanslcr to Parking - ncticit 188.746 468.8114 298.171 427.2411
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l ranslcrto I Iousing FunJ 1.153.573
I r.mslcr for 1)cM Scrvicc I.? I3.22 7 I.462.247 1.571.684 2.1171.905 2.171.G1 I 2.I66.622
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•fotal[LxrcnJiturec _ =12.589.70i4 ~--8.949,56I 7.056.4311 7.7(I4.7(A 10.119.784---6.919.962
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Rcvcnuc()%•crllindcrllixpxxndilurec (4.453,875) (2112.122) (45.(I0:) (5I6.804) (2.651.1192) 7119.1147 ~
Rcginning Fund Ralancc 4.556.536 1112.711 (09.411) (14a.5114) (661.393) (3.312.4911) i
N;nding Fund Bnlancc 102.711 ,(99.41 1) (144.504) (661.399) (3.312.490) (2.603.443) I
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TOP 10 REASONS NOT TO SUPPORT CHANGING THE PRESENT SKI STORAGE ORDINANCE
1.It only benifits VA.There are no other location in Vail that could take advantage of the
proposed changes.No one else benifits but VA.
2.VA is not the only one who can service storage customers. LionsHead merchants can
more than accomodate the overflow caused by the nonexistance of VA's daily storage.You
can't help but trip over a repair shop that's more than willing to wax your skis and store
them overnight.Repair buisiness in general has been down in LionsHead since VA put in
their high volume storage barns.
3.Decreased taxed sales.lf skiers are walking into a retail shop to get a wax/storage they
might buy a T-shirt or lipbalm. i.e. increased tax revenue,if they just store,no additional
sales,no additional taxable sale.
4.Lack Qf pedestrian traffic though LionsHead mall.Presently skiers store their skis at
base and head elsewhere.Maybe by drawing them into LionsHead's core to find alterative
storage they might also find our many fine resturant/bars and shops.Rememeber the
LionsHead's Masterplan or Mr.Aron's gentle giant working with the community? NOT!
S.Why would we allow barns for commercial ski storage and not allow residental storage
units.Remember .the temporary units the town made the Tyrolia take down because they,
where out -of code. -
6.It's not fair -lo those of us who have made large investment and signed'long leases with
the existing ordinance in mind.
7.VA does have the space within the gondola build to accomodate ski storage: within the
guidelines of the present ordinance.Why should we allow VA to make up the rules as they
90- s .
8.Most of the out.`cloor storage is used by their rental custumers for equipment, r"ented in
VA shops,not--f.or nightly storage customer.Most ski shops that offer free storage must
find room within their existing structures.VA on the other hand puts their. problem out
,#infr.ont of their shop for the rest of us to look at. .9:-They've broken the code up till now, why just slap their hand.Make a statertieiit~!--.
10.They're ugly!
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ORDINANCE NO. 15
Series of 1997
AN ORDINANCE AMENDING TITLE 18 ZONING, SECTIONS 18.04, 18.24.060, 18.26.040 AND
18.60.060 OF THE VAIL MUNICIPAL CODE TO ADD DEFINITIONS FOR "COMMERCIAL SKI
STORAGE", "OUTDOOR COMMERCIAL SKI STORAGE" AND "SKI RACKS"; ADD
OUTDOOR COMMERCIAL SKI STORAGE AS A CONDITIONAL USE IN TNE COMMERCIAL
CORE 1 AND COMMERCIAL CORE 2 ZONE DISTRICTS; AND ADD ADDITIONAL
CONDITIONAL USE PERMIT REVIEW CRITERIA FOR OUTDOOR COMMERCIAL SKI
STORAGE.
WHEREAS, Sections 18.24.060, 18.26.040 of the Zoning Code contain the conditional
uses permitted in the Commercial Core 1 and Commercial Core 2 zone districts; and
WHEREAS, the ski area owner, the business community and the Town leaders should
work together closely to make existing facilities and the Town function more efficiently; and
WHEREAS, temporary and overnight ski storage facilities will facilitate the movement of
pedestrians throughout the commercial areas; and
WHEREAS, services should keep pace with increased growth; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail has
recommended approval (by a vote of 4-2) of this amendment to the Vail Municipal Code at their
July 14, 1997 meeting; and
WHEREAS, the Town Council considers it in the interest of the public health, safety, and
welfare to amend said Sections of the Municipal Code.
NOW, THEREFORE, BE IT OflDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT: Section 1.
Chapter 18.04, of the Vail Municipal Code is hereby amended to add the following:
"Commercial Ski Storage" means storage for equipment (skis, snowboards, boots and
poles) and/or clothing used in skiing-related sports, which is available to the public or
members, operated by a business, club or government organization, and where a fee is
charged for hourly, daily, monthly, seasonal or annual usage. Ski storage that is part of a
lodge, or dwelling unit, in which a fee is not charged, is not considered commercial ski
storage.
"Outdoor Commercial Ski Storage" means storage for equipment (skis, snowboards and
poles) used in skiing-related sports, which is available to the public, operated by a
business, club or government organization, and where a fee is charged for hourly or daily
usage. Outdoor commercial ski storage must be either enclosed or be in the form of
vertically installed coin-operated ski locks, subject to design review approval. ,
"Ski Racks" means racks available to the public for the temporary storage of skis, poles
and snowboards, in which a fee is not charged.
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Section 2.
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Section 18.24.060, Conditional Uses - Generally, of the Vail Municipal Code is hereby amended
to add the following: ;
F. Outdoor commercial ski storage ~
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Section 3. Section 18.26.040, Conditional Uses - Generally, of the Vail Municipal Code is hereby amended
to add the following: I
J. Outdoor commercial ski storage ~
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Section 18.60.060, Conditional Use - Criteria and Findings, of the Vail Municipal Code is hereby
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amended to add the following: ,
8. Prior to the approval of a conditional use permit for outdoor commercial ski
storage, the following shall be met:
a. Outdoor commercial ski storage that is enclosed must be affixed to an
exterior wall of a building. '
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- b. Outdoor commercial ski storage, in the form of vertically insta ; lled ski locks,
must be affixed to an exterior wall of a building or attached toi a site wall.
c. The architectural character of the building of which the outdoor
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commercial ski storage is attached shall not be comprised or negatively
impacted. i
d. Outdoor commercial ski storage may only be permitted seasonally. Any
outdoor commercial ski storage must be removed no later than June 1 st of
every year and cannot be installed, or re-installed, prior to Ocfober 15th.
The area used for the ski storage shall be restored to its original condition
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within 10 days of the seasonal removal of the ski storage. I
e. Outdoor commercial ski storage shall not block any display window on the
first floor of any building, nor shall it block the view from or into any
outdoor dining deck. i
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f. No landscaping shall be permanently displaced.
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g. Any outdoor commercial ski storage which is enclosed and is less than
120 square feet in area, shall not be considered floor area, for'the
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purposes of calculating site coverage. Any outdoor commercial ski '
storage whereby the combined area is greater than 120 square feet, shall
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be included in the calculation of site coverage.
h. Parking shall not be assessed for any outdoor commercial ski storage.
Section 5.
If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason
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, 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.
eci n6.
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 7.
The amendment 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 or by virtue of the provision amended. The amendment of any provision
hereby shall not revive any provision or any ordinance previously repealed or superseded unless
expressly stated herein.-
Section 8. . All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are
repealed to the extent only of such inconsistency. This repealer shall not be construed to revise
any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE
IN FULL, this day of , 1997. A public hearing on this ordinance shall be held
at the regular meeting of the Town Council of the Town of Vail, Colorado, on the day of
, 1997, in the Municipal Building of the Town.
Robert W. Armour, Mayor .
ATTEST:
Holly McCutcheon, Town Clerk .
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INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED
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PUBLISHED (IN FULL) (BY TITLE ONLY) THIS DAY OF 1997.
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~ Robert W. Armour, Mayor I
ATTEST: !
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Holly McCutcheon, Town Clerk
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File:f:leveryone\ordlord 15.97 I
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MEMORANDUM
TO: Vail Town Council
FROM: Community Development Department
DATE: August 19, 1997
SUBJECT: Ordinance No. 15, Series of 1997, an ordinance amending the Zoning Code to permit
outdoor commercial ski storage in the Commercial Core 1 and Commercial Core 2
Zone Districts.
Applicant: Vail Associates, represented by Joe Macy
Planner: Lauren Waterton
Vail Associates has submitted an application to the Town of Vail to amend the Zoning Code to permit
outdoor commercial ski storage in the Commercial Core I and Commercial Core II Zone Districts.
The following amendments are proposed:
1. Add "outdoor commercial ski storage" as a conditional use in the Commercial Core 1
and Commercial Core 2 Zone Districts;
2. Add definitions to the Zoning Code for "commercial ski storage", "outdoor
commercial ski storage" and "ski racks"; and
3. Add additional conditional use permit review criteria for outdoor commercial ski
storage.
The Planning and Environmental Commission (PEC) reviewed this application during two
worksessions and at a final hearing in July. On July 14th, the PEC recommended approval (by a
vote of 4-2) of the requested amendments, with the following condition:
Conditional use criteria 8a, be changed to reflect that the outdoor commercial ski storage not
be freestanding, but may be attached to any landscaping or site walls when not obstructing
views, from or into outdoor dining decks or transparent storefronts. The design of the access
to the storage shall be at the applicant's discretion, per the Design Guidelines, with the
recommendation that access be via side-hinged doors and not via overhead doors.
The two PEC members who voted in opposition, Ann Bishop and Galen Aasland, were generally in
support of the request, but specifically wanted to prohibit overhead doors on any enclosed outdoor
commercial ski storage. However, the remaining members of the PEC did not want to make this a
specific requirement, but only a suggestion (as reflected in the above-listed condition).
Ordinance No.15, reflects the most recent Town Council discussions on August 5,1997.
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RESOLUTION NO. 15
SERIES OF 1997
A RESOLUTION ADOPTING THE CONTRACT BETWEEN
THE COLORADO DEPARTMENT OF TRANSPORTATION AND
THE TOWN OF VAIL FOR FUNDING FOR THE
WEST VAIL ROUNDABOUT PROJECT.
WHEREAS, the State of Colorado for the use and benefit of the Colorado Department of
' Transportation has authority to budget appropriate and otherwise make available funds in fiscal
yeazs 2002 through 2005 toward the costs of the West Vail Roundabout project; and
WHEREAS, the Town has embarked upon and is working towards completion of the
interchange improvements.
NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado
that:
1. The Vail Town Council authorizes the Town Manager to enter into the contract
~ which is attached hereto as Exhibit A, which creates the obligation of the Colorado Department
of Transportation to repay the Town for costs advanced by the Town, up to the amount of $3
million, subject to the annual budgeting of such funds by the Transportation Q ommission.
2. ; This resolution shall take effect iminediately upon its passage.
INTRODUCED, READ, AppROVED AND ADOPTED this day of August, 1997.
Robert W. Armour, Mayor
ATTEST:
Holly L. McCutcheon, Town Clerk
C:IRESOLU97.15
~
C 0702-212 (11892)
WEST VAIL INTERCHANGE 97 HA3 01069
VaiURegion 3 (TDR)
CONTRACT
THIS CONTRACT, made this day of , 1997, by and between the
State of Colorado for the use and benefit of THE COLORADO DEPARTMENT OF
TR.ANSPORTATION, hereinafter referred to as the State or CDOT, and the TOWN OF VAIL, 75
South Frontage Road, Vail, CO 81657, FEIN: 840571385, hereinafter referred to as the Local
Agency or the Town,
WHEREAS, authority exists in the law and it is the intent of CDOT, subject to the conditions
set forth hereinafter in this agreement, to budget, appropriate and otherwise make available a
sufficient balance in the fiscal years 2002 through and including 2005 for payment of the Local
Agency in Fund 400, Approp. Code 010, Proj. No. 11892, (Anticipated Contract Encumbrance
Amounts: $300,000.00 in FY2002, and $900,000.00 each FYS 2003, 2004, and 2005) ; and
WHEREAS, required approval, clearance and coordination has been accomplished from and
with appropriate agencies; and
WHEREAS, the Town desires to improve the West Vail Interchange before the 1999 World
Alpine Ski Championships; and
WHEREAS, the Town has estimated the total cost of the interchange improvements,
hereinafter'referred to as "the work", to be $6,000,000.00; and
WHEREAS, CDOT, as evidenced by Transportation Commission Resolution TC-519 a copy
of which is attached hereto and incorporated herein as Exhibit C, desires to contribute 50% of the
cost of the work, not to exceed $3,000,000.00, but will not have any funds available until fiscal year
2002 (FY2002) at the earliest: and
WHEREAS, CDOT anticipates that, subject to the availability of funds and Transportation
Commission budgeting and approval, it will be able to repay the Town up to $300,000.00 in
FY2002, and $900,000.00 in FY2003, another $900,000.00 in FY20004 and a final payment of
$900,000.00 in FY2005: and
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~WHEREAS, the Town recognizes and accepts the fact that future CDOT repayment of 50%
of the cost of the work, not to exceed $3,000,000.00, is contingent upon the availability and
budgeting of such funds by the Transportation Commission for repayment and that the State shall
have no obligation to repay any funds advanced by the Town for the costs of the work unless and
until funds aze budgeted and made available by the Transportation Commission for that purpose;
and
WHEREAS, the Town is willing at this time to advance the full $6,000,000.00 to accelerate
the performance of the work; and
WHEREAS, the Town's willingness to provide its shaze of the costs of the of the work, and
to advance the $6,000,000.00 estimated cost of the work is evidenced by an appropriate ordinance
or resolution duly passed and adopted by the authorized representatives of the Local Agency, a copy
of which is attached hereto and made a part hereof as Exhibit A; and
WHEREAS, said ordinance or resolution also establishes the authority under which the Loca1
Agency enters into this contract; and
WHEREAS, this contract is executed by the State under authority of Sections 24-43-1-106,
43-1-110, 43-1-201 et seq., 43-2-104.5, and 43-2-144 C.R.S., as amended; and
VdMREAS, the parties hereto now desire to agree upon the division of responsibilities for
the work; and
WHEREAS, the Local Agency is adequately staffed and suitably equipped to undertake and
satisfactorily carry out its responsibilities under this contract.
NOW; THEREFORE, it is hereby agreed that:
I. PROJECT OR WORK DESCRIPTION
"The project" or "the work" under this contract shall consist of the design and construction
by the Town of Vail of improvements to the West Vail Interchange on I-70, said work being
more fully described in Exhibit B, which is attached hereto and made a part hereof.
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II. STATE COMMITMENTS
A. The State will provide liaison with the Local Agency through the State's Region
Transportation Director, CDOT Region 3, 222 South 6th Street, # 317, Grand Junction,
Colorado 81501, (970) 248-7225. Said Director will also be responsible for coordinating the
State's activities under this contract.
B. CDOT shall provide the Town with a prompt review of the Town's design plans for the
interchange improvements and shall coordinate the FHWA's review of the plans for the
work.
C. CDOT, contingent upon Transportation Commission approval, shall fiunish 50% of the cost
of the work not to exceed $3,000,000.00 according to the following repayment schedule--
$300,000.00 in FY 2002, $900,000.00 in FY2003, $900,000.00 in FY2004, and $900,000.00
in FY2005. The obligation of CDOT to repay the Town for costs advanced by the Town, up
to the amount of $3,000,000.00, is expressly subject to the availability and budgeting of such
funds by the Transportation Commission, and the State sha11 have no obligation to repay the
Town unless and until the Transportation Commission authorizes and budgets such funds.
D. CDOT shall seek approval of funding from the Transportation Commission for the work in
FYS 2002, 2003, 20004 and 2005 respectively in the amounts previously set forth.
E. CDOT shall review the construction plans, special provisions and estimates for the work and
shall indicate those changes, if any, necessary to assure compliance with federal and State
requirements. •
F. CDOT shall perform a final project inspection prior to acceptance of the work as a Quality
Control activity.
III. TOWN COMMITMENTS
A. The Town shall advance all funds necessary for the performance of the work, which the
Town has estimated will cost $6,000,000.00.
B. The Town shall not bill CDOT for repayment of such expenses until after the beginning of
the State's 1998 fiscal year, i.e. after July 1, 1997.
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C. The Town shall acquire all rights of way necessary for the work and shall take full
responsibility for ensuring proper site drainage and all utility adjustments needed for the
work. D. The Town shall advertize and, subject to CDOT concurrence, shall award the construction
- contract for the work.
E. The Town shall ensure that the construction contract for the work with its contractor(s)
incorporates CDOT's Standazd Specifications for Road and Bridge Construction as a
standazd for performance of the work.
F. The Town shall submit its design plans for the work to CDOT and the FHWA for approval
of compliance with geometric, structural and signing standards.
G. The Town shall take full responsibility for maintenance and traffic control during
construction of the work.
IV. GENERAL PROVISIONS
A. Notwithstanding anything herein to the contrary, the parties understand and agree
that all terms and conditions of this contract and attachments hereto which may
require continued performance or compliance beyond the termination date of the
contract shall survive such termination date and shall be enforceable by the State as
provided herein in the event of such failure to perform or comply by the Local
. Agency.
B. This contract is subject to such modificatioris as may be required by changes in
federal or State law, or their implementing regulations. Any such required
modification shall automatically be incorporated into and be part of this contract on
the effective date of such change as if fully set forth herein. Except as provided
above, no modification of this contract shall be effective unless agreed to in writing
by both parties in an amendment to this contract that is properly executed and
approved in accordance with applicable law.
C. To the extent that this contract may be executed and performance of the obligations
of the parties may be accomplished within the intent of the contract, the terms of this
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contract aze severable, and should any term or provision hereof be declared invalid
or become inoperative for any reason, such invalidity or failure shall not affect the
validity of any other term or provision hereof. The waiver of any breach of a term
hereof shall not be construed as a waiver of any other term, or the same term upon
subsequentbreach.
, D. This contract is intended as the complete integration of all understandings between
the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing.
No subsequent novation, renewal, addition; deletion, or other amendment hereto shall
have any force or effect unless embodied in a written contract executed and approved
pursuant to the State Fiscal Rules.
E. This contract may be terminated as follows:
(a) Termination for Cause. If, through any cause, the Local Agency shall fail to
fulfill, in a timely and proper manner, its obligations under this contract, or if the
Local Agency shall violate any of the covenants, agreements, or stipulations of this
contract, the State sha11 thereupon have the right to terminate this contract for cause
by giving written notice to the Loca1 Agency of such termination and specifying the
effective date thereof, at least five (5) days before the effective date of such
termination. In that event that the contract is terminated for cause the Local Agency
" shall reimburse the State the entire amount paid to the Local Agency for the project
in a lump sum payment made within thirty (30) days of the termination.
Notwithstanding above, the Local Agency shall not be relieved of liability to the
State for any damages sustained by the State by virtue of any breach of the contract
by the Local Agency.
If after such termination it is determined, for any reason, that the Local Agency was
not in default, or that the Local Agency's action/inaction was excusable, such
termination shall be treated as a termination for convenience, and the rights and
obligations of the parties shall be the same as if the contract had been terminated for
convenience, as described herein.
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(b) Termination for Convenience. The State may terminate this contract at any time
the State deternunes that the purposes of the distribution of funds or performance of
State services under the contract would no longer be served by completion of the
project. The State shall effect such termination by giving written notice of
termination to the Local Agency and specifying the effective date thereof, at least
twenty (20) days before the effective date of such termination.
, (c) Termination Due to Loss of FundinQ The parties hereto expressly recognize
that the Local Agency is to be paid, reimbursed, or otherwise compensated with
funds which are available to the State for the purposes of contracting for the project
provided for herein, and therefore, the Local Agency expressly understands and
agrees that all its rights, demands and claims to compensation arising under this
contract are contingent upon availability of such funds to the State. In the event that
such funds or any part thereof are not available to the State, the State may
immediately terminate or amend this contract.
F. Except as herein otherwise provided, this contract shall inure to the benefit of and be
binding upon the parties hereto and their respective successors and assigns.
G. This contract shall become "effective" only upon the date it is executed by the State
Controller, or designee. The term of this contract shall begin on the date first written
above and shall continue through the completion and final acceptance of the work by
CDOT and the Local Agency. H. The State's Special Provisions are attached hereto are hereby made a part of this
contract. For the purposes of the Special Provisions the Local Agency shall be
refened to as the contractor. In the event of any conflict between the Special
Provisions and the provisions of this contract the Special Provisions shall have
priority.
1. It is expressly understood and agreed that the enforcement of the terms and
conditions of this contract, and all rights of action relating to such enforcement, shall
be strictly reserved to the parties hereto, and nothing contained in this contract shall
give or allow any such claim or right of action by any other or third person on such
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contract. It is the express intention of the parties that any person or entity other than
the parties receiving services or benefits under this contract be deemed to be an
incidental beneficiary only.
J. The Local Agency assures and guarantees that it possesses the legal authority to enter
into this contract. The Local Agency warrants that it has taken all actions required
by its procedures, by-laws, and/or applicable law to exercise that authority, and to -
lawfully authorize its undersigned signatory to execute this contract and to bind the
Local Agency to its terms. The person(s) executing this contract on behalf of the
Local Agency warrants that they have full authorization to execute this contract.
K. Pursuant to C.R.S. 24-30-202.4 (as amended), the State Controller may withhold
debts owed to State agencies under the vendor offset intercept system for: (a) unpaid
child support debt or child support arrearages; (b) unpaid balance of tax, accrued
interest, or other charges specified in Article 22, Title 39 C.R.S.; (c) unpaid loans due
to the student loan division of the department of education; (d) owed amounts
required to be paid to the unemployment compensation fund; and; (e) other unpaid
debts owing to the State of any agency thereof, the amount of which is found to be
owing as a result of final agency determination or reduced to judgment as certified
by the Controller.
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;
IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year
first above written.
STATE OF COLORADO
ATTEST: ROY ROMER, GOVERNOR
By gy
' Chief Clerk Executive Director
DEPARTMENT OF TRANSPORTATION
ATTEST: (SEAL) TOWN OF VAIL, COLOR.ADO
By By
Title Title
Federal Employer ldentification
Number: 840571385
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.
: EXHiB1 ~ C
TFtANSPORTATION CONIlMISSION OF COLORADO
FEBRUARY 20, 1997
The Ninth Supplement to the Fiscal Year 1997 budget was then
coasidered. The adjustmeats are contained in the briefiag
memorandum as published on pages 41 through 43 of the official
agenda. Specifically, Mr. Talmadge noted that money is beiag
combined for a Bridge Replacement project on State Highway 35 for
$2.7 million with $700 being advanced from the bridge replacement
program and $2 million from the surface treatmeat program. Also,
" $3,590 was reguested to cover an uncollectible debt from the City
, of Brighton.
Commissioner Morrison pointed out a mi.stake in the briefing memo
that $366 thousand iastead of $366 was being requested for
machine patching in the Colorado Springs area.
Other program advancements were $1.3 millioa for construction
costs for noise walls along State Highway 6 from the Noise
Barrier Program and $48 million for reconstruction on Interstate
70 West.
Mr. Talmadge said the Town of vail waats to improve the West Vail
Interchaage for the World Alpine Ski Champioaships. Therefore,
the request is to program 50 percent of the costs through the
Statewide Transportation Improvement Program, not to exceed $3
million for advanced construction, to be repaid by CDOT to the
Town of vail through the Region 3 allocation no sooner than 2002
and no later than 2005.
Commissioner Stuart moved for adoption of the supplement and the
West Vail Interchaage amendment, seconded by Brigden.
Commissioner Buescher commented that the action, in essence,
esseatially provides for a$6 million project for a$3 million
investment over the fiscal year period of 2002-2005 period. in
response to a concern about obligating future Coannission's
budgetiag authority, Executive Director Vidal stated the project
is being advanced through iaterest-free iaflation costs aad will
benefit the State. Chaisman Padmore called for the questioa and
on a motioa by Stuart seconded by Brigden and a vote of the
Commission the following resolution was unanimously adopted.
RESOLUTION NLJNBER TC-519
BE IT HEREBY RESOLVED, tihat the Ninth Supplemeat to the
Fiscal Year 1997 budget be approve by the Transportation
Commission. ,
1007
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SPECIAL PROVISIONS
CONTROLLER'SAPPROVAL .
1. This eontraet shall not be dcemed valid until it shall have been approved by the Controller of the Spte of Colorado or sueh assistan[ as he may designata This
provision is applicablc to any contract involving thc payment of money by the State.
FLIND AVAILABILITY
2. Financial obligations of the State of Colorado payable after the current fiscal year aro contingent upon funds for that puryose bcing appropriated, budgeted.
and otherwise made available.
BOND REQUIREMEIYT,
3. If this contract involves the payment of more than fifty thousand dollars for the construction, ereetion, rcpair, maintenance, or improvement of any building,
road, bridge. viaduet, tunnel, excavation or other public work for this State, the contrac[or shall, before entering upon the performanee of any sueh work included '
in this contract, duly exccutc and deliver [o the State offieial who will sign the contract, a good and sufficienc bond or other acceptable sutety to be approved by
said official in a penal sum not less than one-half of the total amount payable by the terms of this contract. Suth bond shall bc duly executed by a qualified torponte
surcty conditioned upon the faithful performance of the contract and in addition, shall provide that if the contrmctor or his subcontractors fail to duly pay for any
labor, ma[erials: tcam hire, sustenance, provisions, provendor or other supplies used or consumed bv such contractor or his subcontractor in performance of the work
contracted te he done or fails to p3p any percon who sunplies rental machinery, tools, or equipment in the proxecution of the work the surety wilt pay the same in
an amount not exceeding the sum specified in the bond, together with interest at the rate'of eight per cent per annum. Unless such bond is executed, delivered and
filed, no claim in favor of the contraetor arising under sueh contract shall be sudited, allowed or paid. A eertified or cashier's theck or a bank money order payabfe
to the Treasurer of the S[ate of Colorado may be aecepted in lieu of a Dond. This provision is in compliance with CRS 38-26-I06.
INDEMNIFICATION
4. To the extent authoriud by law, the contnctor shall indemnify, save, and hold harmless the State, its employees and agenu, againsc any and a11 daims,
damages, liability and court awards inetuding cosu, expenses, and attorney !eu ineurred as a result of any act or omission by the contractor, or its employees.
agents, subeontractors, or assignees pursaant to the terms of this contract.
DISCRIMINATION AND AFF7RMATIVE ACTION 5. T6e contraetor agiea to oomply with the leuer and apirit of the Colorado Antidiurimination Aec of 1957, as amwded, aod ot6er applicable law rsspecting
dixrimination and oafnir employmeet praetices (CRS 24-34-402). and u reqnued by F.xecative Oider. Equal Opportnniry and Affiimatire Aetioa. dated April 16,
1975. Pvrsuant thereto, the jo/lowing provisions shall be eontained in al! State eonrracts or sLb-eontrocrs. During the performance of this contract, the eonnactor agras u followr
(a) The convactor will not discriminate against any employee or applicant for employment because of race, creed, color, natioaal origin, sez.
marital status, celigion, aneesay, mental or physieal handieap, or age. 'Ibe oontrdetor will talce affinnative action w insute dw lieantc ate ~Plo
aPP Yed, and that
employees are utated diain8 employment, withaut iegazd to the above exationed ehazactaistia. Such action shall include. but aot be limited w the following:
employment upgrading, democion, or traasfa, recruitmrnt or recnriunrnt advatisings; lay-offs or mminationx raus of pay or aher fmms of oompeasation; and
selection for training, including apprenticeship. The contractor agrces to post in conspicuous placu, available to employees and appiicanu for employment,
nociccs to be provided by the contracting officer sening forth provisions of this non-discrimination clause.
(b) The contractor will, in alt solicitations or advtrtiuments for employees placed by or on bohalf of the contractor, sta[e that all qualified applicants will
receive consideration for employment without regard to rate, creed, color, national origin, sex, marital status, religion; anceury, mental or physical handicap, .
or age.
(c) The contractor will send to each labor union or representative of worken with which he has a collective bargaining agreement or other contract or
underscanding, notice to be provided by the contracting officer, advising the labor union or workers' reprcsentative of the contractor's commitment under the
Executive Order, Equal Opponunity and Affirmative Action, dated Apri) 16. 1975. and of the rules, regulations, and rclevant Orders of the Governor.
(d) The contractor and labor unions wiq furnish all information and reports required by Executive Order. Equal Opponunity and Affirmative Ac[ion of April
16. 1975, and by the rules, rcgulations and Orders of the Governor, or punuant thereto, and will permit access to his books, rccords, and accounts by the
contracting agency and the office of the Govemor or his designee for purposes of investigation to ascertain compliance witA such rules, regulations and orders.
(e) A labor organiTation will not ezclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual
from membership in such labor oreanization or discriminate againct any of its members in the full enjoyment of work opportunity becauu of race, creed, color,
sex, nacional oriein, or ances[ry.
(t) A Iabor organization, or the employees or members thereof wiU not aid, abe[. incite, compel or coerce the doing of any act defined in this contract to be
discriminatory or obstruct or prevent any perwn from complyino with the provisions of this contract or any order issued [hereunder; or attempt, either directly
or indirectly, [o commit any aa defined in this convact to be disc:iminatory.
Form 6-.\C-03B _
Reviscd 1/93
395-53-01-1023
par't 1 0( 2 paecs
. •
(g) In the event of the contractor's non-compliance with the non-discrimination clauses of this cor.tract or with any of such rulcs, regulations, or ordcrs,
this contrac[ may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for funher State contracts in
accordance with procedures, auchorized in Executive Order, Equal Opportunity and Affirmative Action of Apri! 16, 1975 and the rules, regulations, or
orders promulgated in accordance therewith, and such other sanc[ions as may be imposed and remedies as may be invoked as provided in Executive Order,
Equal Opportunity and Affirmative Action of April 16, 1975, or by rules, regulations, or orden promulgated in accordance therewith, or as otherwise
provided by law.
(h) The contractor will include [he provisions of paragraphs (a) through (h) in every sub-contract and subcontractor purchase order unless exempted by
rules, regulations, or orden issued pursuant to Execu[ive Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisions will
tie binding upon each subcontractor or vendor. The contractor will cake such action with respece to any sub-contracting or purchase order as the convacting
agency may direct, as a means of enforcing such provisions. including sanctions for non-comptiance; provided, however, that in the event the contractor
becomes involved in, or is threatened with, litigation, with the subcontractor or vendor as a result of such direction by the contracting agency, the contractor
may reyuest the State of Colorado to enter into such litigation to procect the interest of the State of Colorado.
, COLORADO LABOR PREFERENCE
6a. Provisions of CRS 8-17-101 & 102 for preference of Colorado labor arc applicable to this contract if public works within the State are undenaken hereuader and-
are financed in whole or in part by S[atc funds.
b. When a construction contract for a public project is to be aw•arded to a bidder, a resident bidder sha11 be allowed a preference against a non-resident bidder from
a <i,ce rir ftircign countr}• equal [o the prcfesence given o: requittd by the sixte or foreien country in which the non-resident bidder is a resident. If it is determined by
ehc officcr responsible for awa:ding the bid that compli::ncc wnh .hi. ;uosectiun .116 ;nsv csu>c deniai of frdrral fends which would othcrwisc be availaDk or would
otherwise be inconsistent with rcquirements of Federal law, this xubsection shall be suspended. but only to [he extent necesaary [o prevent denial of the moneys or to '
eliminate the inconsisteney with Federal requirements (CRS 8-19-101 and 102)
GENERAL
7. The laws of the State of Colorado and rules and rcgulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this
conuact. Any provision of this contract whether or not incorporated hcrein by refercnce which provides for arbitratioa by any extrayudicial body or persoo or whieh
is otherwise in conflict with said laws, rules, and regula[ions shall be considcred null and void. Nothing contained in any provision incorporated herein by refereace
which purports to negatc [his or an'y other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint,
defencc, or otherwiu. Any provision •iendered null and void by the operation of this provision will not invalidau the remainder of this contraet to the exteat that the
contract is capable of cxecution. S. At aA times during the performance of this eontract, the Contractor sha11 striedy adherc to all applicabk federal and state laws, rules, and iegulations tAat have
been or may hereafter be established.
9. The signatories aver that they ars familiar with CRS 18-8-301, et. seq.. (Bribery and Corrupt lafluencu) and CRS 18-8-401, et. seq., (Abuse of Public Office).
and that no violation of such provisions is present.
10. The sigaatories aver that to their knowledge, no state employee has any penonal or beneficial intercst whauoever in the service or property described hercin:
7((Full TNESS WHEREO F, the panies hereto have executed this Contract on the day first above written.
acto . Legal Name) . STATE OF COLORADO
ROY ROMER, GOVERNOR
sy
15 EXECUTIVE CTOR
Position (Title)
Social Security Numner or Federal J.D. NumEer DEPARTMEN?
If Corpo.*ation:) Or
Auest ($ca!)
Bv
Carponte Seerenry, or Equivalent. Torn/Ciry nty Ckrk APPROVALS
.4Tt'ORNF.Y GENER CONTROLLER
BY By
Form 6-AC-03C
Revi.ed 1l93 Pacc Z which is thc tas[ of? pazcs
395-53-0I-1030
u
TOWN 0F YAIL
~
Office of the Town Manager
75 South Frontage Road
Yail, Colorado 81657
970-479-2105/Fax 970-479-2157
TM
MEMORANDUM
TO: Vail Town Council
FROM: Robert W. McLaurin, Town Manager
DATE: August 15, 1997
SUBJECT: Town Manager's Report
Green Star Program
As we prepare for the 1999 World Alpine Ski Championships, we are working closely with the
Organizing Committee. One of our current efforts involves an environmental certification program.
Specifically, Russ Forrest is working with the Environmental Committee on this program. The
Environmental Certification Program is designed to provide incentives for businesses to implement
programs to reduce energy, water, and waste generation. As you may recall, this is a high priority
item identified by the Vail Tomorrow effort. The Environmental Committee has also identified this
action as a high priority. The Environmental Committee believes this would help make the Vail
Valley an outstanding environmental host for these games. The Green Star Program was
developed in Anchorage, Alaska, and is now used in eight other cities across the country. This
certification program focuses on the actions that businesses can take to help the bottom line in the
environment. The Vail Valley Foundation is contributing $8,000 to the TOV to help pay for the
program and for the assistance of a part-time program coordinator. If you would like more
information about this program I can have Russ Forrest make a presentation to you at your next
meeting. ,
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West Vail Roundabout Update
The West Vail Roundabout project continues to move smoothly, despite wet weather. The first
asphalt lift on the north side has been completed. The final lift is anticipated to be installed
following Labor Day. On the south side of the project, the southern abutment and wing walls have
been poured. The contractor is now working on the northern abutment and wing walls. Once the
north abutment is in place the contractor will begin installing the deck for the bridge. I will keep you
advised as this project proceeds.
West Vail Bike Project
This project is proceeding, however it has been delayed by the recent rainy weather. The
contractor has completed all the pipe (storm sewer) work on this project. Approximately 80% of
the dirt work is complete. We anticipate completing this project by approximately September 15th.
C~ RECYCLEDPAPER
Frontacte Road Paving Project
As we have discussed previously, the Department of Transportation will be overlaying the Frontage
Roads in Vail this summer. This project is scheduled to begin September 2nd. The current
schedufe anticipates beginning on the North Frontage Road in West Vail and overlaying the North ,
Frontage Road to main Vail. Once this section is complete the contractor will being in East Vail on
the South Frontage Road and move westward until the project is complete.
Loadina and Delivery Intercept Study
As part of our ongoing work with loading and delivery we will be conducting an intercept study in
the Vail Village this weekend. I have attached a copy of the survey for your information.
RWM/aw
Attachment
08-14-97 09:31 RRC ASSOCIATES ID=303 449 6567 P.02
. • "
V71l Village .gUr1/ey .
1 . Af9 JIOU:
1) A year-round resident of fhe Vail Valley
2) [ ] A seasmai resident
3) A visimr b Vail
2. What is the ap code of yaur permanent residence? (ENTER NAME OF COUNTRY IF INTERNATlONAL)
3. What is the purpose of your visit to Vaif Village today?
1) [ } Shop
2) ~ J Run errands
3) [ J Dine
4) [ J Explore/lbike
5) [ ] Acoess the mountein
6} Work
ly ( ] Other:
, 4. Please rate Vail Vllage in terms of the folbwing. Use a scale from 1 to 10 where 1 is'Extremely Dissatisfied' and 10 is'Eibremely
Satisfied.`
EXTREMELY EXTREMELY
OISSnTISFleo SATISFIED dh
51reet life in summer (activitylaction) 1 2 3 4 5 6 7 B 9 10 x
Cleanliness 1 2 3 4 5 6 7 8 9 10 x
Noise level 1 2 3 4 5 6 7 8 9 10 x
Air quality 1 2 3 4 5 6' 7 8 9 10 x
Overall appearance 1 2 3 4 5 6 7 B 9 10 x
What unprovements would you suggest for fhe Vail Ydl2ge area?
5. Nave you noticed the presence of any deGvery trucks on the sVeets during yaur visit today?
1) (I Yes 2) No (GO TO Q. 7)
6. (IF YES) On a scale from 1 to 10 with 1 being 'No Problem" and 10 being ' A Big Problem," rate the impact the presence of the trucks
has had an your expenenoe today.
NOPROLEM BIG PRQLLEM
1 2 3 4 5 6 7 8 9 10
Do you have any comments about Ihe impact of delivery trucks on any of your visits to Vail Villaga, summer or winter?
Summer.
wnter:
7. Did you use the Village parking structure taday?
1) [I Yes (how many people came in your vehide? 1
2) [ ] No
The Town o! Vail provides services and aitempts to olfset their costs wrth fees. /n the summer, would you be wdlrng to :
B. Pay parking fees on an hourly basis at the parking struce,re?
I) I I Yes 2) I) No
9. Pay a fee of $2,00 to park all day and evening in the patking structure?
1} Yes 21 (1 No
10. Pay a fee of $1.00 to park all day and evening in the parking struchue? ,
1) Yes 2} [ J No
Do you have any comments on parking tees in the summer?
,
wbn..anaon~twawoocavN~~lowM,~nsua~[r~e~ez
T0'd _1d101
4'ail Recrez on VA1L RECREATION DLSTRICT GIVES SUPPORT
DISTBICT
'I'O PROPO5ED SKATE PARK
CONTAGT: Diane Johnson FOR IlVIIIMDIATE RELFASE
292 W. Mr.adow Dtive 479-2292 August 13, 1997
Vail, CO 81657
970..479-2279 The Vail Recreation llistrict Boazd of Directors gave their unanimous
PAX: 970-479-2197 suppprt to a proposcd skate park et their bi-monthly meeting oa Tuesday at the
Vail Golf Club.
l "A skate park has been a coasistent t$quest from area youth since I
479-2= began working for the district in 1990: " said Diane ]ohnson, the Vai! Youth
riOLF & pARK Services Supervisor who has hetped to speazhead the skate park prvposal. "1t is
MAtrnMwNcE
1278 v,,;l v.tk.j, na.e Mud to see so many diffcr~.~nt groups in the community getting behind the
479-2262
projat," shc added.
vAu, TENMcErnM
700 s. r-roen`c Ro.d The park has ba.~n endorsed by e widc base in the communiry including
a7%-usa
Vail Associates, OneTTack Mind, the Vai!-Eagle Vallcy Rotary, the Vail Town
jO~1 ~d A
Counci] and now the VRD Boerd hes pledged aS5,000 grant towards fitading
479-2271 the purchase of the obstacles for the park.
vAIL YOLrrH SOLVICES Thc: proposed pa:ic would he located on the top level of the Lionshead
395 E. Ltiamlmd Cuele
479'2292 Parking structure replacing approximately 36 - 40 parking spaces with a series
vAM M?TURfi CEN'M of skating obstacles 1ike half pipcs, ramps and fun boxas_ Bcfora skaters stmt
v.u vagBy nero
479-2291 throaing tricks off any of these obstacles, the project must stiIl receive a
MARICETiNG conditional use permit from the Planning and Environmcnta{ Commission,
292 W4 which is scheduled for review on August 25.
"Skate parks basically mimic street obstzLcles and place them in a
controlled environment" said lohnson. "The park will offer a great recreationa!
- option fot bldc.-r kids wha ar¢ visiting the azea with their families and for those
who call the Vail ValIey home."
71he proposed facility would only be temporarj).y located on the
Lionshead Paricing Structure with this fall serving as e ust period- DL-ding on
the use the purk receivcs and the response from the communit}+, the orgaIIizIDg
group hopes to eventually seek a permanent location within the Town of Vail.
~
Z0ii0'd L6TZ 6LV 202 '1SIQ N0Ild3Z338 -1IFJf1 bz:8t L66i-F_T-9flti
l~
Iy
TOWN OF VAIL
75 South Frontage Road
Yail, Colorado 81657
970-479-2100
FAX 970-479-2157
FOR IMMEDIATE RELEASE '
August 14, 1997
Contact: Lydia Stinemeyer, 479-2333 Scott Wirth, 476-5165
TOV Environmental Health Specialist Vail Das Schone Condo Assn.
Mauri Nottingham, 949-5571
Founder, We Recycle
WEST VAIL RECYCLING SITE IN JEOPARDY DUE TO ILLEGAL DUMPING
RESIDENTS ASKED TO CLEAN UP THEIR ACT
(Vail)--The future of the recycling collection site in West Vail, located in the parking lot of the
Vail Das Schone building, is in jeopardy due to increased abuses in illegal dumping. The space
has been donated by the Vail Das Schone Condominium Association since 1992, but now Scott
Wirth, the building's manager, says the association has nearly had enough.
Recent abuses at the site have included the dumping of car batteries with leaking acid, old
tires, a dirty mattress, a broken lawnmower and beer boxes. Wirth says the dumping of trash,
along with recent vandalism of glass inside the recycling shelter, has prompted discussion about
removal of the facility. "IYs not something we want to do, but if the problems continue, we may
have no other choice," said Wirth.
The site was established by Mauri Nottingham, founder of We Recycle, in partnership with the
Vail Das Schone Condominium Association and the Town of Vail. The site is intended to
promote recycling on a voluntary basis and has been operating successfully for the past few
years.
Now, Nottingham says public support is needed to keep the unmanned site in operation.
"We're asking for everyone's help in taking responsibility to maintain this important operation for
(more)
C~ RECYCLEDPAPER
Recycling/Add 1
the future," Nottingham said. "It's an honor system that requires respect from everyone in the
community."
New signs are being posted this week with a listing of the items accepted at th i site. Those
items include: newspaper; plastic bottles (type 1 and 2); glass bottles and jars; and aluminum
and tin cans. The site rohibits the collection of household hazardous waste and special
wastes, such as batteries, plus tires, broken appliances, furniture, wood scraps and trash.
Residents who need assistance in removing or disposing of items that aren't a Icepted at the
recycling site are encouraged to call the Town of Vail's environmental health services division at
479-2333 for assistance.
Wirth says the condominium association will monitor the situation for the next three months
before making a final decision on the site's future.
The site, one of seven collection sites throughout Eagle County, is serviced seven days per
week and typically collects between 12 and 20 90-gallon carts of recyclable material per day
which otherwise would have ended up in the landfill, according to Lydia Stinemeyer,
environmental health specialist with the Town of Vail.
For more information, contact Stinemeyer at 479-2333.
# # #
VAIL RECREATION DIST. `"j GyJ' . -
AUG-13-1997 16:34
r. Post-lt' Fax Note 7671 ~
~,,V -c
rrQNUTES PhOW
REGUI,.AR NUEETING Fax ~ pl 1 C F
VAII. PARK AND REC1tEATTON DISTRICT
d/61a VAII.. RECREATION DISTRICT
BOARD OF DIRECTORS
9:00 ANL
T„esday, 7uty 8, 1997
K:ueger Rporn, Golf ClUbhouse, Seasons at the Cneen Rmtauranrt
1778 Va1 Valley Drive
Called to Order at 9:07 a.in
1ViF11+iBERS
pgESENT . Hamann Staufer, Ross Davis, Steve Simonett, Bart Cuomo.
EXCLTSID
ABSENCFS Kirlc Hansen.
O?HERS
PRESENT Piet Pieters, Bob Trautz, Aurora Kirchner, Bevaa Harding, Drew Ekstraan,
Tim Hebex, Kevin Foley, Suz Chardoul, Phil Hoverstein, Ann Mardis, I.orrain
Skolasinslo, Macyanne ConnollY-
PUBLIC IldYUT
ON TiElS NOT ON pGENDA None.
APPRovai. oF JtnvE iort% & Zath
MFF'TING MINUTES Simonett motioned to apgrove the mirwtes from the meetings of Iuae lOth
aad 24th 1997, Davis seconded. PaSSed unainmously.
SHOTMAKERS
GOLF PHQTO
PROPOSAL Bevan Hardy presented a proposal to have his campany, Shotmalc,ers Golf
PhotagraphY, providc photo servicx at che Vail Gotf Club_ Hc pc+efaced thc
presentation by stating that other courses in The Valley cuYrently use lvs
service aad handed out samples of each. Discussioa easued with euh Boaid
m+ecnber wicing their opinionS. The prutnaty concems were speed of p18y, the
issue of overselling and devaluin8 the $otf course+ competition with the Pro
Shop for discretionary disposable income of players, and thc hindrance this
~
AUG-13-1997 16:34 VAIL RECREHIIUN u15i.
~
may cause to passhoiders. Cuomo pointed out that the Vai7 Golf Ciub
arguably posses,ses the best views of the Gore Range in The Valley and that
this could provide unlimited value with regard to free m~ arketing potential.
Davis rnoved that a v'sa1 approval be granted for Fridav's, Saturday's, and
Sunday's from 7:00 a,m to 2:30 p.m and additional ' ~times for groups bc
. coordinaied with Eksirom with the contingency that the VRD can terminate
this arrangement at any po+rn by giving two (2) weeks wcitten noticr,
Simonett seconded. Passed unanimously.
LADIES
TOURNAMENT Ladies group war?ted to fonnaUy ttank the VRU Boazd and staff for their
cooperation and flexibiliry in running the toumamerrt. They want to have
their evern again in 1998 and are hoping ta have it a week later to attract
more parcicipants_ It seemed their was some confi,sion iregarding dub -
storage, pcactice round fees, and cart attendant tips. ne wamen camieyed
their displeasure with the restaurant. Simonect commenited that it is highly
unusuai ihat prizes are brought in versus being purchased at the Pro Shop_
Ekstrom stated that he can worc with this simaiion Staufer direcxed Pieters
and Ekstrom to draft policies to address issues such as toumamern fvrmats,
delays, and logistics as weil as maintaining better communication between the
parties. He closed by saying that we love to have thc group here each year_
ICE ARENA FEE _
SCHEDULE Heber presented the proposed 1997-98 fee schedule. Hoversteari stated that
the increased rate structure would result in increases being pas.sed on to
Junior Hocicey participants_ Connolly stated that the fees seem reasonable_
Cuomv moved that the fee schedule be approved as pre~ented, Davis
seconded_ Passed unarumously.
GOLF COURSE
PARKJNG LOT
yvpIL 'Ihe Board toured the south side of the golf course parlang Iot. $ilI Schven
resides in the Shapiro house which borders this section of the paridng lot He
is interested in extending the rock wall running east/west along the property
border and has requested that the VRD spiit the $5,000 cost with him.
Staufer directed Reters to write a letter to the property owner advising him
chat we have no objection to him pursuing this project w~ith the stipuiatiorLs
that we are not arilling to split the cost, arid that thc wall be construded on
his property.
VRD BOUNDARIES The V.RD boundaries have been identified and Pieters issued a me~ma to the
Vail Board of Realtors deta7ing those parcels not within ~the VRD tax base.
The.se are: Ntillrace Condominiums, Sldgs_ 4, 5, 6, & 7; Cascade on Gore
Creek (the former Cosg[iff Exceprion); VaiI Run; Streamside; and Sandstone
Creek Club.
I
AUG-13-1997 16:35 VAIL RECREATION DISi. JUJ
~
r
FINA~~ICIAL
VARIANCEREPORT Trautz summarized the five month Peciod ending May 31st, 1997. Overall
ihere is a positive variance frvn? angoin8 oPerations of S 139,0 12 and total
District positive variance including capital eVendinim of $168,533. All
qranches including taxes are positive witti the exception ofDobson.
LIABILTIY reuewed on JuI Ist Trautz used a
INSURANCE The District's Iiability insurance c:overage Y
fflrmal bid process this year which resvlted at the District saving $7,000 firom
1996 a,ctiial and SI2,000 from 1997 budget. Additiona11Y, ~vera8e was
ir,creased on the general liability end auto po6cies from $1.0 mil pes
ocautence to $2.0 mil per occurnence and a$1.0 miI blanlcet policy was
added on top of our coverage.
BOARA MENMIIt
INPL3T Davis commented on how nicely the lacrosse tournament went and thanked
Mike Ortiz and rur? Sanders for alt their efforts to make it succes.sful.
Sunonett aslced about community center issues regarding the ?OV. Pieters
stated that he has not had a chasice to tallc with Bob McLaiuin as Bob 1as
been out of the office.
Cuomo inquired as to the staius of the Lionshead Master Plan Foley said
that the TOV has completed the view corridor evatuation and is currently
running 6gures on what is Eeasible•
WpRK SESSION The wark session scheduled for the end of 7uty has been canceled-
ADjOUItIVMENT Davis mationed to adjoum Simonett seconded. Passed unanimauslY-
Meeting adJaumed at 11:10 a.m. X :,,t Cno ; Secretary Ro ert Traut~ Business Manager
WboW74knit
TOTRL P.03
• ~ .
. .
- o •
Monday - Thursday
Vail Public Library 10:00 - 8:00 Located on
292 West Meadow Drive the bus route
Vail, CO 81657 Friday across from
10:00 - 6:00
970-479-2184
Saturday - Sunday Dobson Ice Arena
970-479-2185
Fax: 970-479-2192 11:00 - 6:00
http://www.vail.net.org Ciosed on Call for
TDD 970-479-2356 posted holidays more information
"News You Can Use" is a free monthly publication of the Town of Vail Public Library.
To be placed on the mailing list please call (970) 479-2184.
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~y4~gL[C Ll~~A
Vail Public Library
„ 292 West Meadow Drive
T0W1V OFVAIL ~Y Vail, CO 81657 ~
AUGUST
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TOWN OF VAIL 75 South Frontage Road
vail, Colorado 81657 970-479-2100
FAX 970-479-2157
MEDIA ADVISORY
August 13, 1997
Contact: Suzanne Silverthorn, 479-2115
Community Information Office TOV COUNCIL HIGHLIGHTS FOR AUGUST 12
Work Session Briefs
Council members present: Armour, Ford, Johnston, Kurz
--John Gallegos 20 Year Anniversary
John Gallegos, division head for facilities maintenance in the Public Works Department,
was honored for 20 years of service to the town. During his tenure, Gallegos has been
responsible for creation of Vail's distinctive wooden playground equipment throughout
town. He received a check for $2,000 in recognition of his contributions to the town.
--Update on Progress Toward Establishing a Long-Term Funding Mechanism for Vail
Valley Marketing Board and Distribution of Town of Vail Business License Fees
Kaye Ferry, president of the Vail Village Merchant Association, appeared before the
Council to inquire about the status of a long-term funding source for the Vail Valley
Marketing Board. Ferry said she was following up on a presentation made a year ago
in which the merchants asked that a portion of the revenues from the Vail business
license fee be returned to the Association for specific marketing activities
within the Village. At the time, the Council directed the Vail Valley Marketing Board to
develop a permanent funding source that would create more options for application of
the business license fee. Ferry said she was bringing the issue up again to ask for
direction from the Council regarding the association's upcoming funding needs for this
fall's Turn it Up Vail program. Although no decisions were made regarding the future
method for distribution of the business license fees, Ferry was encouraged to request
Council funding through the contribution request process as next steps. The town
collects about $350,000 in business license fees annually. In the past, the Town
Council has authorized the Vail Valley Marketing Board to use 100 percent of the funds
for regional summer marketing.
--Update on Proposed Interim Lodging Tax to Support Long-Term Regional Marketing
After hearing a presentation from Frank Johnson, president of the Vail Valley Tourism &
Convention Bureau, the Council cautiously agreed to direct the town attorney to prepare
a draft ordinance that would enable a lodging tax question to be placed on the Nov. 18
(more)
RECYCLEDPAPER
,
~
TOV Highlights/Add 1
Vail municipal ballot--if the Council chooses to do so. Johnson acknowledged the
timing is tight. Results of a public opinion research poll will be discussed T i ursday, he
said. Those results will help determine if the marketing alliance will continue to propose
a November 97 election, or wait for another opportunity. To make the upcoIming
election, the Council would need to approve an ordinance authorizing the ballot
language on Sept. 2 and Sept. 16. The schedule caused Councilman Rob ~Ford, in
particular, to caution the alliance against moving forward with an election, noting the
additional time it will take to get voters up to speed on the issue. Councilman Paul "
Johnston, a hotelier, said he'd be opposed to a lodging tax because it would penalize
the very people the marketing funds are used to attract. And there were nuIlmerous
questions: What happens if Avon or Beaver Creek Resort Co. decide not to~ participate
in regional marketing? Would the tax have a suRSet provision? Will the proposed tax
be 1.5 percent or 2 percent? In response, Johnson said the draft ordinance could
address many of the questions. However, if there's no clear sense of support, he said
the group was prepared to delay the issue to build a better program. Eitheri way,
Johnson said he would return to the Council during the 1998 budget process to ask for
funding--either in the form of an advance (if a lodging tax receives voter approval in
November) or an extension of temporary funding as a bridge to a permanent solution.
Johnson also said his group is pursuing a discussion with the Eagle County,
Commissioners regarding creation of a regional business improvement district from Vail
to Wolcott. Such a district would require the enactment of state legislation, hsaid.
The commissioners have been cool to the idea, thus far, according to Johnson.
The funding topic will be discussed again at the Aug. 26 work session when Johnson
returns to provide outcomes from the survey. For more information, contact Johnson at
the VVTCB at 476-1000, ext. 3008.
--Lionshead Redevelopment Master Plan
The Council approved a citizen involvement schedule for stage three of the five-step
LionshEad Redevelopment Master Plan process. Stage three is the most exciting--and
difficult step--of all, due to decisions that will drive the outcome of the master plan, said
Susan Connelly, project manager and director of the Community Developm,6nt
Department. During September and October, citizens will have eight opportunities to
review alternative master plan concepts (addressing land use, zoning, publiic spaces,
circulation, etc.) with ultimate selection of a concept by the Town Council scheduled for
, Oct. 21. At the suggestion of Jim Lamont of the East Village Homeowners Association,
the process also will include a second session with local architects and planners, similar
to a session held in June, this time to critique the consultant's draft alternatives and
suggest additional improvements. The first set of public meetings to review the
alternative master plan concepts are scheduled for 10 a.m. to noon Thursday, Sept. 18,
and from 3 to 5 p.m. Sunday, Sept. 21. Both sessions will be held in the Vail Library
Community Room and are designed to attract full-time residents, part-time residents,
employees, business owners and others interested in the outcome of Lionshead's
future. Postcards with the full schedule will be mailed this week, and the next
(more)
a
A ~
TOV Council Highlights/Add 2
newsletter will be mailed in early September. For additional information, or to be added
to the mailing list, contact the Community Information Office at 479-2115, or call Susan
Connelly at 479-2140.
--Information Update
Council members learned the just-completed Summer Reading Program at the Vail
Library was well-received and well-attended with 150 participants.
. On behalf of requests by Councilmember Sybill Navas (who was unable to attend the
meeting), the following decisions were made by Council:
• Ludwig Kurz and possibly Paul Johnston will represent the Vail Council during a
discussion of the Vail Valley Marketing Board-proposed funding mechanisms
and future Chamber of Commerce funding/responsibilities during a meeting later
this week.
• The Council voted 4-0 to contribute $1,000 in contingency funds to support the
Chamber of Commerce capital campaign for new, expanded offices.
ft was announced the Vail Recreation District has authorized $5,000 to help with the
placement of a temporary skate park to be placed on a portion of the top deck of the
Lionshead parking structure. In response, Mayor Bob Armour noted the cooperation
from the VRD, the town, Vail Associates and the Eagle-Valley Rotary Club to make the
project happen. An organizational meeting for those involved in the project is planned
for tonight (Wednesday) at 6 p.m. at the Youth Center in Lionshead.
In response to a written request from the Meadow Mountain Foundation, the Council
voted 4-0 to pledge $1,000 in contingency funds as part of a matching grant proposal
for funding from the Great Outdoors Colorado Trust Fund. The grant would be used for
imprQVements to the base of the popular locals' sledding hill near Minturn.
Next, after reviewing architectural drawings, the Council agreed to move forward with construction of improvements to the Vail Municipal Building's west entry. The project
was a condition of approval of the police building expansion by the Planning and
Environmental Commission and will allow for a certificate of occupancy to be issued
upon completion of the entryway.
After acknowledging receipt of a letter from team leaders representing the Vail
Tomorrow project containing the 40-plus actions forwarded to the town for
consideration, the Council agreed to schedule time on the Aug. 26 work session to
receive a status report from the town staff regarding implementation.
--Council Reports
Ludwig Kurz reported on the recent meeting of the Eagle County Recreation Authority
(Berry Creek Fifth Filing). He said the topic involved management of the equestrian
(more)
iA
. ?/4
TOV Council Highlights/Add 3
center and interest by the group in sharing costs with the school district for a planning
study that would encompass the Miller Ranch property (owned by the school district)
and Berry Creek Fifth. Also, Kurz said the group heard a presentation by tiie Rocky
Mountain Mutual Housing Association which has expressed interest in providing a
. feasibility study for construction and management of affordable housing on a portion of
the site. Kurz said the representatives said they would need to build a minimum of 150
- units to maintain an economically viable project.
--Other
Rob LeVine, a former Vail councilmember and general manager of the Antler's at Vail in
Lionshead, expressed concerns about how the Lionshead Redevelopment Master
Planning process would ensure the retention of warm beds in Lionshead. He said he
feared the redevelopment would spark creation of additional condominium units that
would not be placed in the short-term rental pool. He wondered if the town could
consider investigating ways to require condo owners to rent their units as part of the
Lionshead Redevelopment Master Plan. In response, Councilman Rob Ford said the
town might be better off creating an incentive program to entice those properties into
the rental pool. Jim Lamont of the East Village Homeowners Association suggested
creating an inventory similar to the Austria Haus with a mix of hotel rooms and interval
ownership units.
During an update on TCI Cablevision's request to consider installation of a compressed
digital system rather than a total system fiber optic re-build (as per the existing 15-year
franchise agreement signed in 1995), Bob McLaurin, town manager, said a, technical
consultant team was being hired within the week to provide advice and counsel as to
which option is best for Vail's cable consumers. TCI will present its formal 'request to
modify the franchise agreement at the Sept. 2 evening meeting.
Council members reviewed a request signed by 19 residents surrounding the Vail
Commons development regarding their dissatisfaction with noise levels emitting from
City Market's roof top mechanical equipments. The Council agreed to a plan presented
by Town Manager Bob McLaurin and allow Andy Knudtsen, the town's senior housing
policy planner who served as project manager for Vail Commons, to work with John
Caldwell of City Market and a team of inechanical and sound engineers to dseveral options for sound barrier solutions, including the costs associated with those,
for consideration by the Council. Knudtsen is scheduled to return with an ~ pdate at the
Sept. 16 work session.
UPCOMING DISCUSSION TOPICS
August 19 Work Session
Town Council Retreat, 10 am to 3 pm
(more)
i.
TOV Council Highlights/Add 4
August 19 Evening Meeting
First Reading, Ordinance # 15, re: Ski Storage Zone Code Change
Resolution, Adoption of TOV/CDOT West Vail contract
August 26 Work Session
- Kurt Mulson 20 Year Anniversary
USFS Site Visit and Discussion of Pine Beetle Outbreak
Vail Tomorrow Impiementation Request Status Report
PEC/DRB Review
Lionshead Update
September 2 Work Session School District Bond Election Update
Parking Discussion
September 2 Evening Meeting
Lodging Tax Ordinance, First Reading, if needed
Second Reading, Ordinance, re # 15, re: Ski Storage Zone Code Change
Proclamation #3, re: Mike Kloser
TCI Franchise Modification Request
# # #
.
- TUNE 1997
~ VAIL B U S INE S S
TOWN OF YAIL RE VIEW
August 14, 1997
The June Vail Business Review examines June sales tax collections for all filers and year to
date collections through second quarter 1997.
Overall June sales tax increased 4.9% with Retail increasing 7.1 Lodging increased 12.6%,
Food and Beverage decreased 2.1 % and Other (which includes items such as utilities, taxable services
i.e. plumbing and electrical and rentals or leases) increased .7%. Year to date collections through June
resulted in a 6.2% increase overall with Retail increasing 2.8%, Lodging increased 12.3%, Food and
Beverage increased 4.5% and Other increased .6%.
June 1997 activities included the Family Fest/Chili Cookoff and the King of the Mountain
Volleyball Tournament. June 1996 brought us the King of the Mountain Volleyball Tournament.
Please remember when reading the Vail Business Review that it is produced from sales tax
collections, as opposed to actual gross sales.
Our records indicate that three new business licenses were issued in June (two retail and one
service) and three businesses closed (one home occupation, one food and beverage and one service).
If you have any questions or comments please feel free to call me at (970) 479-2125 or Steve
Thompson at (970) 479-2116. . Sincerely,
Sally Lorton
Sales Tax Administrator
r
~
JUNE SALES TAX ~
VAIL VILLAGE
JUNE JUNE JUNE
1996 1997 %
Collections Collections Chan e
k ,Y
.
,
.
"r..::~:::;: ~'~a::~°•'+.'~:~.r'
, , .
. . . . _ . :s;:.;::
.
.
' - ~
. . . .
_ ,
. . . .
Retail
y.. 703,902
.
` ~
• ;4 =
. .
.n ~ . . ~
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. -
. :
,
. , . , :.n:
.
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.
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. . .
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. .
,
Food ~
&
. .
Bever
81 .
a9e
~
s,
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Other -3a6~$
~
Total 23~,389 f
I
LIONSHEAD
JUNE JUNE JUNE
1996 1997 %
Collections Collections Chan e
.
:
~
:
.
. .
.
.
.
:
. ~ . :
: : < .
. , . :.z....
.
Reta. ~i ` 28 578
28;1,?S, ~
. .
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Lodgtng ~ 25,7:17 36 819 ~3.~°~;;
;
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. .
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.
: : .
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Bever
2
a e
g 2,423
. , :
k>:
Other
. ~,~26 3 ~1 4 $:2%
;
~
. . . ;
.
~
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otaI
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.
. :
. .
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,
i
.
JUNE SALES TAX
CASCADE VILLAGE/EAST VAIL/SANDSTONE/WEST VAIL
JUNE JUNE JUNE
1996 1997 %
Collections Collections Chan e
_
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;
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.
Retail
.
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JUNE JUNE JUNE
1996 1997 %
Collections Coflections Chan e ~
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.
:
. . .
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etail
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JUNE SALES TAX ~
TOTAL
JUNE JUNE JUNE
1996 1997 %
Collections Collections Chan e
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Y
~ 4 }
.
.
Retai I
274,~~s
4 ~
.
.
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Lodging 124 0,s74
,
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Y S
Food &
. ~
' . . . . i <;~...r....,n
Beverage
Other 80,221 $0,785 0 ~°lo
. ,
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Total ~
~
.
: . .
_ . ; . : .
'
RETAIL SUMMARY
JUNE JUNE Ji1NE
1996 1997 %
COLLECTIONS COLLECTIONS CHANGE FOOD 73,619 91,883 24.8%
LIQUOR 10,496 10,920 4.0%
APPAREL 36,264 36,474 .6%
SPORT 50,128 48,270 -3.7%
JEWELRY 11,131 13,313 20.0%
GIFT 12,108 12,187 .7%
GALLERY 2,527 2,652 4.9%
OTHER 59,301 58,732 -1.0%
HOME 966 385 -60.1 %
OCCUPATION
TOTAL 256,540 274,816 7.1%
6197 YTD SALES TAX ~
VAIL VILLAGE
YTD YTD YTD
1996 1997 %
Coilections Collections Chan e
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OUT OF TO WN
YTD YTD YTD
1996 1997 %
- Collections Collections Chan e
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:
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$4:1'-
eta I
: 1
51
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53~~6
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. . . ...:........v,,...;~.;.,,.;,,.....,....~ ~ti.:
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6197 YTD SALES TAX °
TOTAL
,
YTD YTD YTD
1996 1997 %
Collections Collections Chan e
3 .
r'
, .
.
Retail ~,978,75't. 3,062,92~ ~ 2.8°
. 4 . ~4 . fi .
Lodging 2,723,508 ~ .3,fl~~',~3~ z 12.~°~0:
,
. ~
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Food &
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Beverage
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049
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I
RETAIL SUMMARY
YTD YTD YTD
1996 1997 %
COLLECTIONS COLLECTIONS CHANGE
. FOOD 550,945 556,553 1 .0%
LIQUOR 101,455 105,376 3.9%
APPAREL 479,330 491,596 2.6%
SPORT 1,152,363 1,203,840 4.5%
JEWELRY 118,479 119,907 1.2%
GIFT 118,522 123,228 4.0%
GALLERY 19,075 20,333 6.6%
OTHER 432,358 437,374 1.2%
HOME 6,224 4,717 -24.2%
OCCUPATION
TOTAL 2,978,751 3,062,924 2.8%
•
Town of Vail
75 South Frontage Road
Vail, CO 81657
AUG-14-97 THU 16:07 STEINBERG 9704765427 P.01
r
~uJ AJ Coo NC
.,,o...,~..u - ~ ~rrrh a - - r..~-w-'.-...r: +w..++..-..~s.. .r... - .
Thomas Steinberg
Florence Steinberg Case number 97--4040
1022 Eagle's Nest Circie
Vail, Calorada 81657 .
Dear Mr. and Mrs. Steinberg,
I have received the complaint Form that you sent by fax
transmis$ian on August 1997, regarding a barking dog
incident that happened at 3:30 A.M. on July 30, 1997.
After discussion aith the Town.of Vail prosecuting
attorney, Mr. Tom 5ilverman, I am asking the that the
following steps be taken When #iling any future complaints:
1. A tape record I nq 4f the i nc i dent be made.
2. 'Chat you call the Vail Police Department at 479-2200
and ask that an afficer respond ta the area to help
locate the barking dog and attempt to Gontact the
oWner of the dog ta ask that it be quieted.
I will not be issuing a ticket regarding the incident dn
July 30, 1997 bscause the chances of winning a court ease are
marqinal,.at best. The proseautor muat.prove, aroong other
things, that the naise was unpxovoKed, 1oud, habitual. ar?d
per5lSte[1t. The presence of a police officer in the area who
could testify to seeiny or hearing nothfng unusual that would
provoke a dag to bark aould increase chances of obtaining a
convictian. A tape recording of a futuxe incident would also
help. • . ,
Beeause of past eircumstances, prosecution should be
in[tiated based on a strqng case.
You also have the option of hiring a attoraey to pursue
civfl Iitigatian pursuant to the noise abatement provision of .
Title 25 of the Colorado Revised Statutes.
Sincerely, ~ N,
_ ~~c"^~!Q_~~~rl/~i_.• ~ ~ ~ if ^ j •
~ ~
~
r
C644
.U.~C.I.
08/13/97
TOWN OF VAIL
COUNCIL CONTINGENCY
Account J# 01-0100-52857
1997
Total
Contingency
Funds
Original Budget Amount $50,000
Rollforward from prior year - Excellence in Education, Sports, or the Arts $5,000
Amended Budget Amount $55,000
Uses: VVF - Excellence in Education, Sports, or the Arts $5,000 paid 2/19/97
VRI - Spring Meltdown Program $2,500 paid 3/5/97
You[h award airfare to Australia $2,572 paid 5/8/97
Youth award spending money for Australia $1,000 paid 5/16/97
TOV/VA Task Force $6,000 Estimated @ $500/month
"Free after 3" parking program $1,927 JE in June
Vail & Eagle Valley Mountain Bike Maps $833 paid 6/11/97
Vail Tomorrow - encourage lodge properties to upgrade $1,000 BJE in June
Fund "Turn It Up! Vail '96" deficit $596 paid 7/16/97
Chamber of Commerce office expansion $1,000
Meadow Mountain Foundation GOCO grant match $1,000
Total Amount Used 23,428
Total Amount Left $31,572
COUCON97. WK3
r. S
S C I E N C E
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¦
: Shifting ocean currents in the Pacific could biggest El Nino we know of," says climate
modeler Stephen Zebiak of Columbia Uni-
trigger dramatic swings in the world's weather versity's Lamont-Doherty Earth Observa-
tory, "until maybe now."
By J. MADELEINE NASH drenched Chile and Peru, the worrisome El Nino generally peaks around De-
lack of rain in Australia and Indonesia-all, cember, which is why Peruvian fishermen
' OR SIX MONTHS NOW A SPLOTCH say scientists, are signs that a powerful El long ago gave the Christmastime weather
of tropical warmth has been Nino has grabbed control of the world's visitor a name that in Spanish means ~
spreading across the Pacific weather machine. "Christ Child." If the warming trend con-
Ocean, from the international Already there is reason to think that the tinues, scientists say, the incipient El Nino i
dateline to the South American El Nino brewing in the Pacific may dwarf could pump so much heat into the ocean '
coast. With understandable con- just about any other seen, in this century. that average sea-surface temperatures
cern, climatologists have been The swath of equatorial ocean over which might rise 3.5°C, or 7°F-and if this hap-
tracking its progress, for it signi- it holds sway extends some 6,000 miles, a pens, the effects would be felt far into the
fies that El Nino-that mischievous grem- quarter of the globe's circumference. Tem- new year. Among the disasters that would
lin of the atmosphere and oceans-is once peratures at the sea's surface have been ris- be likely to result are ]andslides, flash I
again gathering strength, preparing to un- ing so rapidly that they seem likely to equal floods, droughts and crop failures. Ecua- ~
leash meteorological havoc in the months those of the notorious EI Nino of 1982-83, dorian cocoa producers estimate that the ~
to come. The tropical storms spawning off which left 2,000 people dead and $13 bil- current El Nino couid lower crop yields as
Mexico, the heavy downpours that have lion in economic losses. "That was the much as 60%. I
L
56 TIME, AUGUST 18, 1997 (
I
~
WOR WiD'I CHANGES
EI ~ rtning of tropical waters along ~
C 4
,~aci cesn equator that can affect
.~her patterns around the world. It happens • North America -
~qi'b
si-pe ' icalVrery ~o to seven years. ~ .
Asia
4 ~ ~ ~ f •
Pacific Ocean
AtlanticOcean
AFrica
~Nnl~ D~y _ EQUATOR t \ a.
. - Dry I
~ ~ ~ _ . k: e
~
~Y~ ~ `•z ~ ~s,a 4~~ ` c p Indian Ocean Surface sea-temperature diffre`
ry , ~ from normal for July 27,1991 soutnAmer~C
-s Source:NOAA
1¦T
x y~ Australia
F.: 1T
3
~ Degrees Celsius
.
WHAT NORMALLY HAPPENS THE EL NINO
Trade winds
PHEHOMENON
_ Q The surface water moves
Q westward, and near the equator
V~ - . _ 7 ~ c ;
is diverted poleward by the
effect of the earth's rotation.
Cool ~r
mermo~~~ne nutrient The divergent flow causes an
riCh water upwelling of deep water which is
cooter, especially in the eastern
Pacific, where the transition Thermocline
layer between warmer, shallower
Q Tropical trade winds blow from east to Water and cooler, bottom water TIME Diagram Joe Lertola
~ west across the equatorial Pacific Ocean. (known as the thermocline) is
0 The trade winds weaken, and the warm
4D The winds drag the surFace water along close to the surface. water stays in the eastern Pacific.
"with them, causing the ocean in Asia to be
about 2 ft. (60 cm) higher than the ocean 0As the cool water comes up Q The monsoon rains fall over the middle of
into the sunlight, plankton feed the Pacfic instead of over Southeast Asia.
...:aloeg the coast of South America. on the netrients. 7hese
`Q The winds pidc up moisture as they blow creatures support vast amounts GThe thermocline flattens.
across the ocean, then release it as monsoon of marine life in the waters off Q Marine-life population drops as the
'rains over Indonesia. Peru and Chile. nutrients that su
pport it are withdrawn.
But EI Nino would also bestow a patch- seabirds. Not until the early 1970s, when seems to be going on. Until recently, El
work of benefits. Off Chile, fishermen that fishery's collapse was accompanied by Ninos came more or less periodically every
could look forward to catching anchovies drought and crop failures around the two to seven years. But in the early 1990s
normally found much farther north. Peru- world, did the global reach of El Nino be- several El Ninos appeared in a row, one
vians have been enjoying balmy beaches in come ciear. However, it took the disastrous right after another. Now, after dying down
the middle of their winter. And residents of weather of 1982-83 to convince scientists in 1995 and'96, El Nino is back. What is go-
the U.S. could look forward to fewer At- and policymakers that the tropical Pacific ing on? scientists wonder. Are frequent El
lantic Ocean hurricanes, an earlier spring merited close watching. Ninos a signal of global warming caused by
in the Northeast and a blessed lull in tor- As a result, the EI Nino of 1997-98 will human tampering with the atmosphere?
nadoes throughout the Midwest. All things be the most closely observed in history. In Or do they arise from random fluctuations
considered, says F7orida State University the tropical Pacific, ships, satellites and sta- in the natural cycle? There are as yet no
oceanographer James O'Brien, Americans tionary buoys are gathering mountains of good answers to these questions. Observes
should think of El Nino as a"good dude." continuous data-on sea-surface tempera- Michael Glantz of the National Center for
Until recently, most weather scientists tures, wind speeds and directions, and Atmospheric Research: "The discrepancy
paid scant attention to the periodic ocean currents-that scientists at universi- between what we think we know about El
episodes of warm water that for countless ties and government laboratories are feed- Nino and what there is to know may still be
centuries have appeared off the coast of ing into powerfu] computers in hopes of quite large."
Peru. They seemed to be a local event, one creating a model of the climate system that In terms of the climate machine, El
that affected mainly fish-in particular, evolves. Nino is more than just a sudden warm cur-
Peru's ]ucrative anchovy fishery-and Scientists note that something funny rent off Peru. It refers to a rise in sea-surface
TIME, AUGUST 18, 1997 57
. ,
S C l E N C E
temperatures over much of the equatorial Still, why should a regional phenome- swings in climate. Already, says climatolo-
Pacific as well as a change in winds and non affect weather around the world? The gist Antonio Moura, the director, he and
ocean currents. Incleed, there is a kind of reason, say scientists, is the extra heat. Like other scientists have begun to produce ex- ~
climatic flip-flop, with a reversal of condi- fresh coal tossed on a fire, it creates more perimental forecasts of the probable impact
tions across a wide stretch of ocean. Conse- and larger storms. And as the warm water of the Errso cycle on selected regions. Thus
quendy, climate experts no longer refer to El spreads into the central and eastern Pacif- rice, corn and bean farmers in northeast
Nino alone but speak of the El Nino South- ic, these storms inevitably follow in its Brazil, say, could, if adequately forewarned,
ern Oscillation. Rather like a pendulum, the path, moving the tropical storm belt from miHgate the effect of El Nino-associated
Errso cycle swings between an El Nino state one part of the Pacific to another. The re- droughts by planting rapidly maturing vari-
and its opposite, a cold-water state known as arrangement has reverberations through- eties of seed. The only hitch is that if they
La Nina (the girl) or El Viejo (the old man). out the atmosphere, causing droughts in switch and a drought does not occur, their
Taken as a whole, Errso is a powerful driver places as far-flung as northeastern Brazil, crop yields would be lower than normal.
of global weather patterns. In fact, say sci- southern Africa and Australia, while oth- This puts a lot of pressure on climate
entists, it is, besides seasonal variations er regions, from California to Cuba, can modelers, who, even as their forecasts im-
caused by the earth's travels around the be hit by torrential rains. These effects prove, will surely couch them in caveats.
sun, the major cause of month-to-month are variable. El Nino may weaken the In- As TV viewers know from nighdy weather
variation in climate. „ o forecasts, an 80% chance
To visualize how the o of rain doesn't necessarily
Errso cycle works, think mean that they'll be un-
of the Pacific Ocean as a c, furling their umbrellas. ~
big bathtub, with a fan = At an El Nino symposium
stirring up air represent- o held at headquarters in ~
ing the trade winds. In Boulder, Colo., Universi- ;
the Errso cycle's neutral ty of Washington atmos- .
or cold phase, these m pheric physicist Edward
winds blow from east to ~ Sarachik suggested that ~
west, pushing water away people most affected by
from the South American the ENSO cycle-not just
coast, so that the ocean's farmers and fishermen
surface is a couple of feet but also commodities
lower off Peru than it is traders, water-resource
off Indonesia. The differ- managers and insurance ;
ence, although seemingly underwriters-shouldlook ~
small, has important con- at a prediction the way a °
sequences: to replace the sawy gambler might look ~
' water that the winds have at a set of dice that turns I
swept away, cold, nutri- up snake eyes more fre- ~
ent-rich water from the t• a caused b a Nifio quently than expected. (
depths wells up, and so RESTOR ^ acres of und°gro You wouldn't want to ,
. Peru's waters are loaded bet $100 on the first ;
with fish. But when an El Nino gets start- dian monsoon-or barely affect it at all. throw," he notes. "But if you bet $1 on a ~
j ed, the pattern shifts. The trade winds Scientists are only now beginning to hundred throws, you'll come out ahead." j
dwindle, and may even start blowing from trace this web of long-distance climato- Because of the high economic stakes ~
1 the west. The upwelling off Peru stops, and logical connections-or teleconnections, and greater public awareness, observes ;
anchovies and other fish move to different as they are called-that links the Errso cy- Michael Hall, director of the National
feeding grounds. cle to major weather changes around the Oceanic and Atmospheric Administra-
Coastal Peru is hardly the only area globe, such as shifts in the position of the tion's Office of Global Programs, the 1997-
affected. El Nino alters winds and currents jet streams. These are the high-altitude 98 El Nino is shaping up as something
throughout the tropics, producing what winds that serve as weather "tracks" in more significant than another mighty mis-
climatologist Nicholas Graham of the both the northern and southern hemi- fire of the weather machine. It is also a so-
Scripps Institution of Oceanography calls spheres. A dip in the northern hemi- cial experiment that will reveal how people
"a weird kind of sloshing." As the trade sphere's jet stream, for instance, can be around the world react to climate change
winds slacken, he explains, they give rise to expected to direct moisture-laden storms that is predictable in its broad oudines but
' slow-moving waves that surge from west to on a more southerly route over the U.S., unknowable in its details.
east and exert downward pressure on the while a nudge in the opposite direction For this reason Hall and others like
thermocline. This is the boundary layer of will result in snow and rain farther north. to think of the current Etvso cycle as a
chilly water that separates the much cold- But figuring out exactly how a particular kind of dress rehearsal for the sort of de-
er water in the ocean depths from the sun- El Nino will affect North America is no cision-making we could face in the com-
warmed water near the surface. Normally, easy matter because particular effects can ing century if, as many scientists antici-
the eastern Pacific's thermocline lies at a be amplified or reduced by other phe- pate, the planet heats up from the
shallow depth and thus mixes with water nomena that are less well understood. accumulation of greenhouse gases in the
near the surface, cooling it. But in El Nino To improve the current state of Etvso atmosphere. As Moura puts it, "If we
years, the thermocline sinks too deep, and forecasting, Scripps and Lamont-Doherty don't know how to react to El Nino, how
water temperatures at the surface rise have set up an international research insti- can we react intelligently to something
noticeably. ~ tute dedicated to predicting medium-range that is far less tangible?" ¦
58 TIME, AUGUST 18, 1997
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N A T I Q N ,
By ADAM COHEN INDIANAPOLIS
S TEPHAN FANTAUZZO, E3EAD OF ~•~e* > m
Indiana's public-empioyee
union, has seen a lot over the
years, but nothing beats the day his auto mechanics came to o
-KA him and said they didn't want =
their raises. Indianapolis had m
just put out to competitive bid-
ding the business of repairing city vehicles, _
1 • ~ ~ ~ and that meant his workers had to bid
against private companies to keep their
jobs. Fantauzzo's workers were worried
that they would be underbid. So they gave
up their pay raises-and narrowty won the i.: •
~ contract. The competition has brought a
~ new efficiency to the operation: costs are
down 29%, tum-around time on repairs
~ ~ ~ ~ • has improved markedly, and customer ~
complaints have fallen more than 90%. At
the same time, the workers have more than ~
made up for their lost raises, averaging 5%
salary hikes in each of the past four years, ; i
well above the city average. Says a once .p, , , ~
skeptical Fantauzzo: "We found a way to , • than 0 city - . .
make this a win-win situation." omp• i
Auto repair is only one of more than 70 o - - ~
municipal operations Indianapolis' Republi- • ~I
can Mayor Stephen Goldsmith, the nation's The driving force behind this fresh ap- i
leading exponent of "competing out," has proach to urban govemment is a handful of
spun off in five years in office. The cit/s "new pragmatisY" mayors-Indianapolis'
wastewater-treatrnent plants are being run Goldsmith, Cleveland's Michael White, Phila-
by a private company, at a projected savings delphia's Edward RendeIl, Milwaukee's John
" of $65 million over five years. Indianapolis In- Norquist, Chicago's Richard M. Daley and to
~ternational Airport is now run by the British some extent Los Angeles' Robert Riordan and
AirportAuthority, which promises it will save New York Citys Rudolph Giuliani-who ac- ;
$32 million over 10 years. Goidsmith even tively collaborate and compare notes on how !
managed to privatize Indianapolis' 2,200-job to make cities work. Goldsmith visits Giuliani I
Naval Air Warfare Center, which had landed every few months to tallc shop; Rendell and I
on the Pentagon's base-closing list. With the Goldsmith bounce ideas off each other at fre- ~
Federal Government's permission, he quent joint spealdng appearances. And good
brought in Hughes Technical Services to take practices, big or small, travel fast. "You learn a i
over the operation and sell products and ser- lot from each other," says Republican Rior- ~
vices back to the Navy. dan, who used Indianapolis-style competing ~
Indianapolis is hardly alone among out to award cleanup contracts after the 1994 'I
cities that have been quietly putting the fash- Northridge, Calif., earthquake. Goldsmith is ~
ionable buzz words "reinventing govern- using a silicone-based antigraffiti sealant he !
ment" into practice. Municipal government learned about from Daley. Says White: "If
' has long been regarded as the great back- there's anything that binds us, iYs simply that
water of American democracy: a world of we pride ourselves on being result-oriented."
political patronage and special-interest jock- What makes these mayors' governmen-
eying in which policy discussions rarely tal pragmatism possible is that they have also
move beyond synchronizing traffic lights. developed a flexible, post-ideological ap- :
But a new breed of activist mayors, recently proach to politics. Cities that once thrived on
3 hailed by the New Republic as "the Pride of straight-ticket Democratic machine politics,
; the Cities," has been tuming city halls into where labor unions and social-welfare pro-
~ hothouses of governmental innovation. grams were considered untouchable, are led
m They are challenging entrenched interests today by some of the nation's most nonparti-
> and butting heads with traditional allies in san and politically unpredictable politicians.
o the pursuit of real reform: overhauling the On school vouchers Cleveland's White, an
D school system in Chicago, reshaping labor- African-American Democrat, is sparring
, management relations in Philadelphia and with his cit/s traditionally Democratic
privatizing municipal services all over. teachers' union and the N.A.A.C.P. Coldsmith
-
TIME, AUGUST 18,1997 21
, • ~
~
N A
alienated his party's establishment by firing A i
patronage appointees who stood in the way g?
01
of his efforts to privatize. Says New York's - F a
Giuliani, a Republican who broke with his
pariy by lobbying to save rent regulations: N
It's better to keep your constituents happy 3
than to keep a political party happy." So far, - '
it s been a winning strategy: all these mayors
have been re-elected handily, except Giu-
liani-who is running this year and led his i
nearest rival by 23% in a recent poll. v
The new pragmatism is at least partly a
response to economic necessity. Mayors are ~
operating in an age of sharply limited re- ,
sources. Federal aid to cities has fallen
sharply in the past 20 years, and urban tax
bases have eroded as businesses and afftuent
residents have fled to the suburbs. Since the
~ mid-1970s, when New York and other big
cities teetered on the brink of banlmiptcy, f
mayors have had to work hard just to stay
afloat: they literally
can no longer afford to
. preside over bloated
bureaucracies or cod- The _D_ , Few cities have viding basic services. Building on improve-
dle unions at contract o •p been more buffet- ments made by his predecessors in city hall,
time. "There's just a turn d • oub•d ed by economic White has heiped reverse Cleveland's slide. ~
different set of prob- dubbe"the d "the Mistake bforces than Cleve- The hard-driving mayor, who gets to city hall
lems mayors are fac- land, whose hard before 7:30 a.m. and sometimes works past
ing today, ' says Barnard College political times once earned it the niclmame "the Mis- midnight, has adopted a business style of city
science professor Ester Fuchs. "If they want take by the Lake." Cleveland has iost more management. "We serve a city of 500,000
to have cities at all, the name of the game is than 400,000 people, almost 45% of its pop- people a day," says White. "If we don't serve keeping their budgets balanced, keeping ulation, since mid-century, and in 1978 it be- them well, a lot of them are going to go
the business community and the middle came the first major city to default on its somewhere else." The centerpiece of his
ciass happy, and coming up with programs debts since the Great Depression. Along the strategy for improving service to his "cus-
that work." ' way, city government all but stopped pro- tomers" is a 60-page "People's Budget," set-
~ tounsm and parks and recreation) remain und"er Barr}`s_
Diaeaeatlew on the Potomac:' Purview. Asked at apress conference what residents should do
- - if they want to complain about potholes, Barry replied bitterl
'Ca11 Dr. Brimmer 504-3400 ' How''NOt tO Run aCiq , Other countries lilce to azgue thatAmericans lmow;nothing'
of life in the rest of ttie worid. Not so in the District, whose gov=' -
= oTHEx crizEs M?Y sonsT oF emment seems to aspire to the standards of a Third World na--
o
c. innovative, -hazd-bargaining tion. Feca1 matter in the water;-.bod.ies piled and rottingin the•
m ma.yors, but at least one ur- un-air=conditioned morgue, potholes that could:kill if the str
ay,'
i?m ban center is clattering along bullets don't-these axe familiar stories to District dwellers. A re-"
° in just the opposite d'uection. cent expose in the Washington Post offered )aw-dro
_ o PPing ~ '
= Beset by financial woes, high tistics on the amount"of wasted funds and govemment bloat'=
m crime and decaying city ser- Washington spen@s more money and has more employees than:
vices, Washington has now any other city: Yef the high school dropout rate has,passed 5001o,' _
cars, citly °suffered the indignity of hav- crime isupl6%since 1991, and tuberculosis and infant-mortaliry ~ing its mayor, Marion S. Bar- rates are fhe highest in the nation. Just :last week officials an=
' ry, stripped of nearly aII power. As part of a$1 billion federal- nounced that the cit,/s public schools would open three weeks--
aid package included in the new budget agreement, nine ofthe late this fall because.building repairs haven'tbeen finished
cit/s major agencies, covering everything from schools and: With such things to commend'him; few believed.lVlayor Bar'
housing to public works and the poliee, have been taken away ry when he insisted that the congressional moves were "not abou ;
from Barry and placed under the jurisdiction of a financial con- Marion Barry." The mayor has turned the city into a machine that".
trol board, which was appointed by Congress two years ago to would impress Boss 1~veed: jobs for all, and once hired; nevert
get the city's finances in order and is headed by economist An- fired. Money earmarked for'services and repairs often found its
drew Brimmer. Only reIatively . minor agencies (including way topayroll, to put yet more unsldlled workers on the clock Also~,
22 TIME, AUGUST 18, 1997
i
~
TlI O N
i I
~ ting out goals for the year and evaluating years ago by City and State magazine for build new school buildings and renovate old ~
~ whether they have been met. The city has setting "the standard for municipal distress ones. The Daley regime's hard-hitting re-
generally been able to give itself high marks: in the 1990s" now has a budget surplus of forms, which included cutting 1,700 non-
the report card cites such achievements as $118.5 million. teaching jobs, are particularly impressive in
40% more dead trees removed in 1995 than a town where, in the days when Daley's fa- ~
the year before and twice as many children LTHOUGH A LIBEAAL DEMOCRAT, ther reigned as mayor and political boss, !
screened for lead poisoning. Milwaukee's Norquist has also politicians used to say that the purpose of
Cleveland's problems are not all behind taken a tough line with city the public schools was to provide jobs for I
• it, but under White's administration, there workers. He was faced a few the people who worked there.
~ is a clear sense that the city is on an up- years ago with a standoff be- Critics of the new-style mayors say many ~ h.
' swing. Downtown boasts not only a new tween his public-works and fire of their reforms are unproven. Goldsmith's
$72 million light rail line to move tourists departrnents over the painting detractors say privatization projects such as ~along the lakeshore but aLso Gateway Aof firehouses. The fire depart- the wastewater-treatrnent plants may look '
~ Complex, which features a new baseball ment wanted the buildings painted in the better in press releases than in practice. "We
stadium and a basketball arena that lured summer, when its trucks could easily be don't even lmow if we're saving any money,"
I the Cleveland Cavaliers back from the sub- kept outside, but public works. said too says City-County Councilor Susan Williams.
urbs. Most important, the city's long period many of its people would be on vacation. "Every time I blink, it seems they want $10
~ of fiscal crisis has subsided. After a general Norquist allowed the fire department to en- million to fix this or $8 million to fix that." .
fund deficit that grew to almost $7 million gage a private contractor to get the project And handing over government operations to f,
in 1990, the city has balanced its books and done in the summer. "T'he good news for the private sector_can open the door to pa-
has accumulated a rainy-day fund of $25 the public-works deparhnent is they tronage and other ldnds of malfeasance, the
~ million. Standard & Poor's, which suspend- learned from this and changed their proce- very reason the civil-service system was in-
ed the city's bond rating after its 1978 bank- dures," says Norquist. "Competition didn't stituted more than a century ago. Indi-
; ruptcy, today gives the city an A. put them out of business, but it almost did." anapolis suffered through "golfgate" three
j A prime article of faith among the new In Chicago, Daley has taken on his cii}~s years ago, when private operators of munic- ~
I mayors is that city employees must become most intractable problem: a$3 billion ipal golf courses were accused of improper- ~
more efficient. Aendell, a Democrat and a school system that former U.S. Education ly handing out renovation contracts. When
tough-talldng former prosecutor, is widely Secretary William Bennett once called the Goldsmith made an unsuccessful run for
credited with saving Philadelphia by going worst in the nation. Two years ago, Daley, a Governor last year, Democrats attacked him
eyeball-to-eyeball with the city's powerful Democrat, convinced Illinois' Republican for accepting conhibutions from companies
public-employee unions shortly after he state legislature to hand him authority over that had won contracts for city services. "Pri-
took office in 1992. Rendell offered work- the schools. He ousted the city's entrenched vatization is just patronage in pinsh-ipes," I
; ers a contract that froze wages for 33 educational bureaucracy, installed a school says former Marion County Democratic
months and cut back on paid holidays. Af- board that put nearly 20% of the schools on Party chairman Kipper Tew. i
ter a 16-hour strike, the unions capitulated. probation for low performance and got ap- To some, the new pragmatism is only a
Under Rendell, a city that was cited five proval for $850 million in bond issues to pretext for tilting government away from the ~
deterrinB change is the racial Nlitics of the higMY segrepted cih'• I can Predict the effort," Brimmer saYS• "It will be done." I
For the mostly black District residents, Bacry=re-elected in 1993 The federal takeover has roiled the city's always testy po-
despite serving jail time for crack use-promised a tcehold into the litical waters, inspiring loud public protests. So loud that
middle class. "IYs the ultimate patronage,"says a D.C. Council se- Eleanor Holmes Norton, the District's nonvoting representa-
nior aide. "If you have a government check, a refrigerator fuli of tive in Congress, did an about-face: after first calling the deal a
food, who cares about the pot o`big win," she denounced it as
hole outside?" too high a price." Meanwhile,
Onto this battlefield steps N Barry-whose popularity is so
Brimmer, 71, a former Federal g low that nearly 80% of resi- i
Reserve Boazd member. Like dents say iYs time for him to -
garry, Brimmer is black, but go-is using the setback to his
there the similarities end: While advantage. "Democracy has "
Barry is fond of dashilds and been raped,".he asserts, decry-
'rambling rhetoric, Brimmer is as ing the white Republicans in
precise and eJCacting as the cut of Congress-particularly North
his charcoal-graY. suit. He took Carolina Senator. Lauch Fair-
. immediate action last week, fir_ ` cloth-who spearheaded the
ing three departrnent chiefr and takeover. Says a congressional
threatening that more heads , aide: "Faircloth doesn't realize
will roll unless changes aze that he just became treasurer to
:a made. Sall, some aze skeptical Marion Barry's re-election
~ of his ability to tackle a job aldn campaign." -Br Tamala M.
~ to fixing a plane while flying it. Edwarda. widh reporEing by lames
"I can't predict the outcome, but . ' efore takeover ' ' Camer/was6in~on
1 TIME, AUGUST 18,1997 . 23
, . ~
s
'
N A T I O N
VIEWPOINT
1 ~1 "
x George J. Church
x
i
Robin Hood in Reverse
The poor shouldn't pay my pension-but they will
E VERY TIME I SEE A COOK FLIPPING BURGERS OR A CLEANING WOMAN EMP-
tying the trash baskets, I wonder if I can resist the temptation to rob them.
Nobody would stop me. In fact, the government wants me to do it.
" How? Just quit worldng. I'm nearly 66 and retired, but I earn too much
now as a writer to qualify for a Social Security pension. If I were to loaf full time,
however, I could collect about $15,000 a year.
I don't need or even want it. A compan p g
y pension, lus income from savin s
and investrnents, should keep me and my wife in comfort for however long we
live. But even if I resist the temptation until 2001, I can then expect a letter
` urging me to apply for a Social Security pension. After age 70, there are no more
d''R' restrictions: I'll be entitled to Social Security checks even if I'm still worldng.
Officially, I've earned them by paying Social Security taxes for 44-plus years.
- Balderdash. Those taxes wouldn't defray my pension for more than a few years-
p' and they've already been used to pay the pensions of those who retired years
, d -d city
no and years ago. My pension, in fact, will be paid by people still on the job.
. , ~ That points up one of the great inequities purposely ignored in the recent
poor and racial minorities. In Cleveland, budget agreement. The worldng poor continue to pay far more than their fair
White's housing program has drawn criti- share of the Social Security ta.JC. That tax is levied-at a cunent rate of 6.2%-on
°nlY
cism for its focus on building $100,000-ta ~e first $65,400 of income, so those ~
$200,000 homes in neighborhoods where ~'ho earn more pay much less than 62%
the median cost of a house is $35,000 and the of their total earnings. The working
poverty rate is 41%. Williams, who repre- Poor pay the full 62% on every cent of
sents a poor Indianapolis district, says her their meager wages. And this is a mer-
ciless tazx-no exemptions, no deduc- ~ r
constituents are too often left out of Gold-
smith's market analyses. "An inner-city tions, no credits. (One excep-
swimming pool shouldn't be a profit center," tion in the new tax bill: the ~
she argues. City halls are lowering expecta- `'~'orking poor will get the
tions, says Barnard's Fuchs, because the ~500-a-child credit. Big deal.)
money and political will for antipoveriy pro- Taxing the poor to give to the
grams aze just no longer there. "IYs not rich throws Robin Hood • . ;
into reverse.
about doing more with less," she says. "It's ~ r*
about doing less with less." ~at should be a prob-
Indeed, there aze limits to what even lem for the nation's con- '
the most pragmatic mayors can do for cities science as well as mine.
today, despite the most robust national Government programs are
economy in decades. The harsh trvth is that shot through with benefits for
even the best-managed big cities have prob- ~ose who don't need them. Yet any pro-
posal to institute a means test is either ignored or
lems too large to solve on their own. Just as howled down. Example: Medicare premiums are the same for me as for some-
Philadelphia has emerged from its gloom, it one with a fraction of my income. But the Senate's proposal to make affluent se-
is facing the loss of $2.3 billion in welfare,
Medicaid and other social programs over raors pay more was dropped from the tax bill, largely because House Republi-
the next five years. As many as 40,000 wel- cans feared a savage attack from Democrats.
fare recipients could lose their benefits by ~Y is this? One excuse is that the well off and the middle class must be
the year 2000, and Rendell estimates that bribed to allow the government to do anything for the poor. For instance, they
incentives to private indushy will produce "`'ill not support subsidized school lunches for poor ldds unless their own chil-F jobs for only 4,000 of them. Claiming that dren also get cheap food. But the real reason is that everyone who gets a gov-~
the federal cutbacks are "a runaway freight ernment benefit comes to regard it as a sacred right that must never be tak-;
h-ain headed our way," Rendell traveled to en away. Or reduced. Or even increased less rapidly. Witness the screamingZ
Washington this spring to urge the White after a panel of economists suggested the consumer price index overstates in-o
House and Congress to help out by enacting flation. Why? Adjusting the index would lead to smaller future increases in ben- 1 a jobs bill. It is uniikely that federal relief efits (including Social Security) tied to the cri. Monstrous! To the barricades! m
will come anytime soon. Still, articulating Benefits thus must go on increasing, needed or not, even if they drive the'. (
I the limits of what city government can ac- Programs paying the benefits (Social Security, Medicare) toward bnlauptcy. £ '
complish is sometimes the most ra Moreover, there is not the slightest sign this mind-set will change. So maybe I~
p gmatic should collect that pension after all. IYs robbery,
step of all. -Witlh reporting by Erik Gunn/ I be the only sap who spurns a share of the loot?nd I]mow it. But why should=
I Mihvaukee and Kevin Fedarko/Cleveland ~o
I 24 TIME, AUGUST 18,1997
Ms. Linda Welch
Vail Va11ey Academy
598 Vail Valley Drive
Vail, Colorado 81657
Mr. Robert McLairin
Town of Vail
75 South Frontage Rd.
Vail, CO 81657
Dear Mr. McLairin:
I am writing to thank you and commend your library staff for the kindness, consideration,
support, and professionalism which we received from the Vail library employees throughout our
1996-97 school year.
We provide high school students with a winter tutorial program at Colorado Mountain
College, through which they are able to meet all of their home-school requirements while training
in a competitive ski program with Ski Club Vail. This necessitates concentrated time in
academics as well as an ability to resource books and information locally. Most of our students
are from Eagle County, but many are from other areas.
Your staff could not have been more helpful in setting up a program to make our students
aware of what facilities were available, providing them with library cards, and being available to
give assistance whenever necessary. They gave support to students and faculty alike, and were
instrumental in the success which our students experienced. We are most appreciative and look
forward to working with the Vail Public Library again next year.
Sincerely,
Linda Welch, English Teacher
Vail Valley Academy
Yc . TL
D
1'~~ A N CR AE S~I ~ A L REPE~ VEO AUr•
~ R 199~
P.cemmd hv hc ~
Cj10RD.4N0 FAMILY
FOUNDATION '
August 11, 1997
BOLSHOI BALI.ET Mr. Robert McLaurin
AGIDEM}' q7 VAIL Town of Vail VAIL I1TERN.4TIONAL 75 South Fronatge Road woHKSHOr Vail, CO 81657
EtiS[ME3LE SERIHS . Dear Bob:
P.auL MITCrtsu.
INTERNATIONeLL EVENINGS
oF DnncE I want to thank you for your tremendous support of the Vail
INlERNATIONAI, BqLLET International Dance fzstival. The Ensemble 5erie5 wus a breat success
TE''C"`RS c°"FERE"CE with the Vail debut of the Stuttgart Ballet, as well as the eagerly
anticipated return of the Russian Ensemble which included dancers
' from the Bolshoi Ballet The Paul Mitchell International Evenings of Dance was a
Board of Directors highlight of the Festival. We were proud to host dancers from the
President Gerald R. Ford
Adam Aron Houston Ballet, Zurich Ballet, Finnish National Ballet, American Ballet
Leon D. Black
Carolyn S. Blount Theatre, and American Pepertory Ballet. The World Ballroom
Marlene L. Boll Champions provided the Vail Valley with an incredible introduction to
Bjorn K. Borgen
. James Berry craaaock. the Summer Olympic's newest sport.
]ack Crosby
Andrew P. Daly
Harry H. Frampton, ?ii
Juhn Garnse}, I truly hope you enjoyed all of these performances! We simply
crorgr N. ciuett, Jr.
Gilbert R. Giordano could not sustain the quality of this program without the support of
Pepi Gramshammer people like you. Again, I_thank you for all you do for this program, as
Steve N. Haber ~,y
hlar[ha Head Well aS ULE COYTLITIUTLIty.
William J. Hybl '
Elaine W. Kelton Jack F. Kemp ''hdIlk ~
Henry R. Kravis VOU
Peter W. May
Fitzhugh Scott, Emeritus
Miehael S. Shannon Warm Regartis,
Rodne}' E. Slifer ~
Oscar L. TanF
John Garnsey
President
ksMackintosh
ce President
A Progrum of the
vvnu,uauEr
FOUNDA170N '
P.O. Box 309
Vail, Colorado 81658
970/949-1999 !
Fax 970/949-9265
' http://vail.net/vvf
vvfsalesQvail.net
• 11'(2 ' T C
~ •
Tlail Alpine Garden
Foundation
/ FI II
.r.~r~~e .
Rdflower
Gor-e
VOLUME ri Summer • 1997 NUMBER 4
Vail Valley Festival of Flowers:
,
Beautif ul Gardens, Serious Message
Vail Valley FesHval of F7owers has always
been about beautiful gardens, and this year ~
was no exception. A record 67 gardens were
given special recogniHon at AMidsummer
Night on July 12. The Honor Roll of Gardens
selected by the judging committee was topped
by the Grand Prize garden at 463 Beaver Dam . ' ~
i "~C'1 Road in Vail, entered by John Herrin ton,
~ I~ Owner/Designer of Alpine Gardens of Silverthorne. A complete list of the winning gardens honored at A Midsummer Night
appears on page 5.
Beyond beauHful gardens, Vail Valley Helen Mcintyse (IJ and Barbara DeVoe (r.), pictured
Festival of Flowers included a serious message here at A Midsummer Night with President & Mrs.
of eonservation, both in leetures and on walks Ford and Helen Fritch, receiued special aoiunteer
among the flowers. Richard Daley, Executive awards for their excePtional service to the Foundntion
Dimctor of Denver Botanic Gardens for managing all of the Betty Ford Alpine Gardens
summarized our responsibilities as an voluntees activities as well as the garden judging for
edueational foundation most suecinetly in his vail Valley Festival of Flowers.
keynote address at the Festival's opening
luncheon on June 6. A condensed version of A Speeial Honor on
his message is reprinted on page 3.
A Midsummer Ni ht
Chns Pague of the Colorado Natural g
Heritage Program located at Colorado State Barbara DeVoe and Helen McIntyre, co-
~ University spoke at a Festival lecture about everything in both Betty Ford Alpine Gardens
~
endangered plant species in Colorado, how and in the Festival were also honomd at A
J t h e y a r e i d e n t i f i e d an d moni tor e d, an d how Mi dsummer Nig ht.
priorities are established to save them. VAGF Friends in F7orida during the winter, they
volunteers this summer have joined with their cooperativelY manage our garden volunteer
I ,I
Adopt-A-Rare-Plant Program to idenHfy and corps and the selection of gardens to be
monitor ram plants in Eagle and surrounding honored in the Festival of F7owers. Their
counties. Nicola Ripley, our plant ecologist, dedication and commitment to the care of
has information on this activity carried out both Betty Ford Gardens and its volunteers
~ If
primarily by volunteers who hike in the area were recognized with flowers and citations
(call the VAGF office at 476-0103). presented following the garden awards.
i'
Notesfrom the Garden
Don't Miss Our Summer F1ora1 Feast
by Barbara DeVoe
Director of Garden Operations
If you have not joined the thousands who Gardens, but thcre is always Nme for fricndship
have visited Betty Ford Alpine Cardens this and fun. Carmany Heilman won thc contest for
summer, you're missing a floral feast. Our finding the largest weed. One voluntcer was
Gardens volunteers have added over 600 new perennials hcard to say, "If there is a prize for the biggest
and flOZU2l'S to the Gardens, experimenting with new flowers weed, why pull them when they are little?" The
can make and new varieties. next contest may be for the number of weeds,
you happy The outside annual border of the Garden not size.
' displays new varieties along with last year's Mother Nature has not been kind to our
peaceful, favorites, including a"hot border" of reds and garden this summer. Beginning in May, rain
melancholy, yellows and a touch of whimsy in the form of was frequent and rained out thrce volunteer
thoughtful. the Hale-Bopp Comet, planted in alyssum, and days in a row! The rains were followed by
trailed by the Heaven's Gate space ship. drought, giving our xeriscape section a real test.
- Barbara The biggest area of improvement is the Later in the summer the entire irrigation system
DeVoe shade garden (under the large pine by the was replaced with one which now does a much
waterfall) with its new collection of 15 specimen better job of watering all of our plants. A triple
Hostas, including the variegated green and pale blow early in July, three nights of light frost,
yellow 1997 Hosta of the Year. We also have nipped some of our annuals and exposed
added a xeriscape section, a juniper collection, Hosfas. Thanks to terrific volunteers, we have
and are trying new species of roses in our rose overcome these setbacks, and the Gardens really
garden. look great.
Around the pond we have planted new and Come see for yourself! Bettcr sHll, come
different Primulas. The most fascinating of these down any Monday or Thursday morning (or
is Primula vialii. The inverted cone shaped both) from 9 to 12 and give us a hand.
flower begins as a brilliant scarlet and, as the
plant matures from the bottom up, little
petticoat ruffles of lavender appear moving up
the cone row by row until the entire flower
becomes lavender. This is a"must see"
perennial.
Volunteers are busy giving TLC to the
~
,
~x
VAIL AT.PINE GARDEN FOUNDATION Newsletter -
' Published quazterly by Vail Alpine Garden Foundation, 183 Gore Creek Drive, Vail, ~„s s~~~$
- Colorado 81657, the newsletter is a benefit of inembership in Vail ATpine Garden
Foundation, a nonprofit Colorado corporation. aHelen Fritch (Editor), Nancy Young, Deane Hall
Our volunfeer gardeners are shown here adding a touch
BOARD OF DIRECTORS of humar to this summer's annual border in the alyssum
HONORARY DIRECTOR Betty Ford p~nting which fentures the Hale-eopy comet along with a
notorious "hanger-on."
OFEICERS Helen S. Fritch, President
Katherine S. Borgen, Vice President
Lynda Coldstein, Vice Pmsident . MerilOl'1dIS & TI1UUfeS
Seth Marx, Secmtary
Robert Kenney, Treasurer In memory of Robcrt Dcutschman
Janct Rey
DIRECt'ORS Richard & Dorothy Creenficld
Jeanne Bailey Barbara DeVoe Johanna Kclly Maureen Shapiro Ross & Minh Boylc
` Ross Boyle Adele Douglas Andrew Pierce Ellen Waterman Amy Nclson
Saul Rosenthal
STAFF: Develapment Director, Nancy Young; Arthur & Gladys Pancoe
Education Associate, Nicola Ripley; Executive Assistant, Celine Balsam; In memory of Evelyn Parkman
Director of Garden Operations, Barbara DeVoe Lynn & Jim Chapin
, 2
,
I
1
~ .
Vail Alpine Garden Foundation:
Opportunities and Responsibilities ~ .
by Richard H. Daley were threatened. As long as we were "pmtty;":- i
Executive Director, Denver Botanic Gardens that was more or less enough. There are
days when it is easy to be nostalgic for
Exerpts from his keynote speech at the opening such times! But the world has changed, ~
luncheon for Vail Ualley Festival of Flowers. and with it the roles and importance of botanic gardens.
Botanic gardens are unique institutions
~ committed to
• Collecting and displaying beautiful and
unusual plants,
' • Sharing information about plants and the
~natural world,
• Extending our knowledge about plants and
the environment, and working for
conservation.
No other institutions do this-not parks,
not universities, not anyone. In the process of
doing these things we hope to enrich
people's lives as we expand their We hope
I understanding and appreciation of plants to to enrich
progressively deeper and more profound people's lives
levels. And we hope to make our communides
not only more beauHful, but more livable and, as we expand
Today I would like to reflect with you on in many cases, more viable. their
the importance of botanic gardens generally and Each and every botanic garden has unusual
on the uni ue o ortunities and res onsibilities understanding
q PP P opportunities. We often call them unique when
that I see for Vail Alpine Garden Foundation. they are not. But in the case of Betty Ford and
First, let me congratulate the Foundation Alpine Gardens, the Foundarion does have a appreciation
for daring to take on the impossible--creating a unique horticultural opportunity. Given the ofplants
botanic garden at 8,000 feet! This is quite elevation, given the environment, this site I .
extraordinary and quite important. There are believe should be used to strongly emphasize
500 botanic gardens in America and about 2,000 the use of naHve plants from high alHtudes, not
or so in the world. None are situated like Vail.... just the reuse of lower elevaHon plant materials
It is not so many years ago that botanic that happen to survive if well tended.
gardens were seen either as luxuries or as The reason is simple. The use of native
important only for university level botanical plants from this environment will demonstrate
instruction important to a very small group in most dramaHc fashion the importance of
of scholars or of interest to the gardening elite, protecting our own flora. If, instead, the
but in no way important to our communities or message is simply that we can continue to
to society. scrape off the landscape and import plants, the
In many ways this was nice. If we weren't inherent message, even though unintended, can
seen as very relevant, we also didn't have many be interpreted as providing "permission" for
responsibiliHes. We weren't living in a world others to misuse the environment because "it
where the loss of biodiversity was alarming, can always be restored." We have to teach
where the loss of green space was a criHcal respect for what we have, not just the ability to
issue, and where the future of towns and cities remediate with plants
3
through green plants.
Is this simple message easy? Are we
~ teaching about plants in the schools? Let me
suggest to you what a poor job our schools are
doing in this country because it means that
botanic gardens, Vail Alpine Garden
Foundation just as Denver Botanic Gardens,
have responsibilities to do our part to change
'
~ matters . . . .
Botanic Gardens in the Community
Our friends and members want and need Let me add a word about what botanic
information about landscaping and gardens can do for their communities beyond
beautification. Vail Valley Festival of Flowers is our educational role, but also taking advantage
about this. And it is indeed a worthy endeavor. of our great horticultural displays ....[Botanic
In simpler dmes, it was fully sufficient. gardens also] are important economic forces in
But today our educarional message must our communities and play vital roles in tourism.
not be restricted to just beautification. If that is In Vail, the ability to make the community a
r our only message, it is like an arrow aimed year-round destination is crucial to the
conectly, but not given enough velocity to reach economic well being of the town. The world
the target. class skiing that made this community can now
If you will allow me an analogy of the be extended on a daily basis in the summer with
arrow, let me make the connecdon with the the beautiful Betty Ford Gardens. One of the
training of Zen masters in archery. The purpose things we have learned is that museums that are
of the years long, indeed life long, training for a open every day and are free or low cost are
Zen master in archery is not to be a better absolutely vital to a community's cultural
marksman. The purpose is much higher. It is to affairs and tourism. In Vail, the appeal is the
learn about oneself and one's relationship to the outdoors. People are attracted hem because of
world. The same is true of teaching about the beautiful environment, and Betty Ford
gardening. The real purpose is to help people Gardens simply extends this
reconnect with the Earth, to have a greater The educational work and the economic
appreciation, at its best, a Zen-like appreciation, value of our botanic gardens was truly
If we of the natural world. If we strive for less than unthinkable a very few years ago. Now we are
this, we are not takin ro r aim.... not luxuries, not frills, but essenHal ingredients
sustain plants, g p ~ of our communities.
fhey will Human life is absolutely and totally • We add beauty to the world-something that
SuSf[lIri uS. dependent upon green plants. If we mistreat has become increasingly important and
It iS them, if we are not good stewazds of them, precious.
then human life will cease. • We add an understanding of nature and the
that simple. absolute importance of plants to human life.
And it is Today we have a profoundly important role ' We supplement and complement the science
fjlat to ]et people know how perilously close we are education in our schools.
. And we now add an economic vitalit to our
1111 ortant. coming to endangering the future of the human Y
p race by not taking care of our plants. On a communities.
global scale, we are likely to lose at least 20
percent and perhaps as much as 50 percent of Let me end with words from the Senegalese
the world's flora in the next 50 years. This is in conservationist, Baba Dioum:
the lifetime of students now in college. Just in In the end, we will conserve only what we
the United States, about one-6fth of all of our Iove;
native plants are of conservation concern.... We will love only what we understand;
The Human Mind Is a Leaf Transformed And we will understand only what we are
All that humans have ever achieved in taught.
creating civilizations - in creating great works
of art, in creating botanic gardens, in having the We must devote ourselves to teaching about
ability to contemplate the universe and our plants and the natural environment. Very
place in it - all dcrives fundamentally from the simply, if we sustain plants, they will sustain
energy and nutrition we gain from the sun us. It is that simple. And it is that important.
4
Vail Valley Festival o f Flowers
Gardens of Distinctlon < o
L,
GRAND PRIZE
463 Beaver Dam Road C"--~- ~
Entered by Alpine Gardens of Silverthorne
FIRST PRIZES Loewenstern Residence (Garden entered by a Professional:
Mary Pownall - Vail (Large Residential Garden) Intermountain Landscape & Maintenance)
Jackie & Steve Clark - Vail (Small Residenrial Garden) Frances Look (First Year Garden)
Lu Ann & Ken Shapiro - Vail Valley (Large Residential Garden) Wendy Benson (Container Garden)
Erica Springstead - Vail Valley (Small Residenrial Garden) Robert Morris (Garden with Flowers & Vegetables)
Sonnenalp - Bavaria Haus (Large Commercial Garden) Pearl Taylor (Environment Friendly Garden)
Greens at Arrowhead (Large Condominium Garden) Kimberly Herner (Children's Special Award)
Pinehurst Homeowners AssociaHon (Small Condominium Garden) Linda Tomlinson - Honorable Mention
Lorraine Howenstein - Honorable Mention
HONOR ROLL OF GARDENS
Residential Crossroads
Judy Berkowitz Marie Pavlik Curtin-Hill
Minh Boyle Wallis & Dan Penton Galatyn Lodge
Sally Clair Sam & Bonnie Rechter Castof Gramshammer
DeVoe Residence Ann Repetti Gateway
Dickson Residence Rogel Residence Golden Bear
Adele Douglas Richard Rufer Lionshead Miniature Golf
Helen Edwards Maureen Shapiro The Lodge at Vail
Phillipe & Susana Erard Solomon Residence Marriott's Vail Mountain Resort
Barbara & Kent Erickson 11 Stagecoach Drive Miil Creek Building
Becky Erickson Susie Tjossem Ore House
Colleen Gray Betsy Weigers The Red Lion
Debra Herner The Sitzmark Lodge
Hull Residence Skaalhaus
Gloria Johnson Commercial Sonnenalp Colf Club
Marnie Jump Arrowhead at Vail Entries Town of Vail
Lane Residence Bishop Park Vail Cascade Hotel & Club
Dawn Mullin Christiana at Vail Village Center Commercial
Linda Osterberg Cleaver's Deli & Chocolate Factory Village Center Residential
Offiee Comings and Goings comes to us from Princeton Day School in
Princeton, New Jersey, where she had served as
Board Searehes Director of the Annual Fund for five years and
most recently as Director of Alumni and Special
For Executive Director Events. Nancy will direct our membership
Sammye Meadows resigned as executive program, annual fund raising, and capital In photo below: Nancy
director at the end of June. As our first giving for the new Alpine Rock Garden and Young (1.), and Celine
Balsam (r.) bring new
executive director, she brought a new Environmental Education Center. talents to our staff•
professionalism to our volunteer organization Celine Balsam joined the
and expanded educational programs into the Foundation staff as ExecuHve
community. We are grateful Eor her Assistant earlier in the spring. ~
contributions to our growth and development Her previous experience in
and wish her well in her new career. office management systems is
T'he Board is searching for a new executive bringing new order to our
director, especially a candidate who has had convertcd data base and office
previous administrative ex perience with filin g s ystem. She abl y and
nonprofit organizations and botanic gardens, energetically organized our
historic homes, or living museums. annual children's Butterfly
Nancy Young has joined the staff as Launch with Eagle county third
Development Director, a new position. She gradcrs this spring.
' 5 '
Michael Robinson cashmere garments ranging from
belted wrap coats to cocoon cutaway
Fashion Show jackets. Hand embroidered tooling ~
enhances the cashmere in a subde and '
Benefits Gardens intricate way.
A fashion show presenting the Mr. Robinson designs from his
1997 Fall/Winter Collection of studio in Santa Fe, New Mexico. His
Michael Robinson is benefiting Betty work is represented at fine specialty
Ford Alpine Gardens. The showing stores across the United States as well
on August 4 at the home of Dr. Malik as in his showroom in New York and
and Seeme Hasan in Beaver Creek at his boutiques in Santa Fe and
was followed by a several day trunk Aspen. /
show offered through the courtesy of Those who might not have been ~Gorsuch, Ltd. in both the Beaver able to attend either the fashion show " `Creek and Vail stores. or the trunk show may still place `~•y t~
Michael Robinson is noted orders for some of the outstanding y~. E j; l
c ;
internationally for his unique Michael Robinson designs for
technique of hand embroidery women's and men's outerwear.
threadwork on cashmere and Please call the Vail Alpine Garden
shearling. Of particular interest is the Foundation office at (970) 476-0103 to
new process of clipping the shearling request information on the locations
into a fine velvet-like texture which for the Michael Robinson Collection aI
results in a lightweight material that bouHques which are located both in %
can be shaped into a classic trench Aspen and irr Santa Fe. An overview
coat or a luxurious fringed serape. To of his design philosophy and the
add another dimension to the collection may be found on the world
collection there is an expansion of wide web at www.robinsoninccom. Unil
<4lpine . _
Garclen ' - - "
~Foundation
_ . _ -
18i Gore Creek Drive
Vail, Colorado 81657
~~..Q G o ~l(67
"If we sustain plants, they wi11 sustain us."
- Richard Daley, DBG Executive Director, Festival of Flowers keijnote address