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HomeMy WebLinkAbout2004-04-06 Support Documentation Town Council Evening Sessioni EVENING MEETING 6:00 P.M. TUESDAY, APRIL 6, 2004 NOTE: Times of 6tems-are approximate, subject to change, and cannot be retied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Participation (5 min.) 2. Elizabeth Hoffman, ITEM/TOPIC: President of the University of Colorado, will Ph.D. provide a brief update of the economic development efforts and financial challenges facing Colorado public higher education (15 minutes). 3. ITEIifl/TOPIC: Consent Agenda (5 min.) Approval of March 2, 2004 & March 16, 2004 Minutes 4. Gregg Barrie ITEM/TOPIC: Pirate Ship Park Design Approval (10 min.) Todd Oppenheimer ACTION REQUESTED OF COUNCIL: Approval of Proposed Site Plan for final design work, preparation of construction documents, and final pricing. BAC6~GROUND RATIONALE: Per the direction provided by the Town Council on December 16, 2003, Staff has prepared a Site Plan for Pirateship Park. The plan includes an area for swings as requested and also recommends low level lighting to improve safety and security. STAFF RECOMMENDATION: Approve the Proposed Site Plan as submitted with swings and lighting recommendations. 5. Warren Campbell ITEM/TOPIC: Request to proceed through the development review Chip Melick process with a proposal to perform landscaping improvements, relocate a public easement and construct private improvements on Town of Vail property (20 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny the applicant's request to proceed through the development review process. BACa(tsROUND RATIONALE: It is the desire of Manor Vail Resort to apply for landscaping improvements to the tennis court site along Vail Valley Drive, relocate the existing pedestrian easement leading from Vail Valley Drive to Ford Park, and to construct private improvements on Town property along Gore Creek in conjunction with their Special Development District (SDD) application. Since Manor Vail Resort is proposing to 1 construct and alter Town of Vail property, Town Council permission is required to proceed through the development review process. If Council grants permission to proceed through_the process the applicant wily need to proceed forward with their Planning and Environmental Commission and Design Review Board applications. The review process for creating a new SDD requires the Planning and Environmental Commission to forward a recommendation of approval or denial to the Council. If Council were to approve the SDD it would require two public readings of an ordinance to establish the SDD. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council give Manor Vail Resort and their representative further direction on this matter to proceed through the design review process. 6. Bill Gibson ITEM/TOPIC: Appeal of the March 8; 2004, Planning and Environmental Commission (PEC) approval of a request for a variance from Chapter 14-6, Grading Standards, Vail Town Code, to allow for retaining walls in excess of six (6) feet in height, located at Tract K, Glen Lyon Subdivision and Unplatted Parcels. This variance request is associated with Vail Resorts Development's snowcat access relocation proposal (30 min.) ACTION REQUESTED OF COUNCIL: Uphold; modify, or overturn the Planning and Environmental Commission's approval of a variance from Chapter 14-6, Grading Standards, Vail Town Code. BACKGROUND RATIONALE: On March 8, 2004, the Planning and Environmental Commission approved a request for a variance from Chapter 14-6, Grading Standards, Vail Town Code, to allow for retaining walls in excess of six (6) feet in height in association with Vail Resorts Development's proposed snowcat access relocation proposal. On March 16, 2004, the Vail Town Council "called-up" the Planning and Environmental Commission's approval of the variance request. Please refer to the attached March 8, 2004, Staff memorandum to the PEC for additional information. STAFF RECOMMENDATION: Staff recommends that the Town Council upholds the Planning and Environmental Commission's approval of the requested variance to Chapter 14-6, Grading Standards, Vail Town Code. 7. Rod Slifer ITEM/TOPIC: Update on Vail Conference Center and a request Russ Forrest issue an RFP for an owners representative (30 min.) ACTION REQUESTED OF COUNCIL: The Vail Conference Center Advisory Committee is requesting that the Vail Town Council authorize Town staff to issue an RFP 2 for an owner's representative for the Vail Conference Center. In addition, the Committee would like to provide an update to the Council on progress to date on developing a recommendation for financing-the facility. ~ ~ -- ~ACKGROl1N® RATIONALE: On March 16~', 2004 HVS provided an overview of the Business Plan to the Vail Town Council. On March 30th, 2004 the Conference Center Advisory Committee interviewed the following four investment bankers: Kirkpatrick Pettis„ Hanifen Imhoff„ Piper Jaffray, and ,George K. Baum (Steve Jeffers). The Committee is continue to follow-up with questions with these investment bankers. The Committee is requesting that the Vail Town Council authorize Town staff to issue an RFP for an owner's representative . consultant. The attached RFP is broken into two phases: pre construction and construction. This RFP would determine the level of interest and the costs associated with the attached scope of service. It would not commit the Town to entering into a contract or moving forward with the project. The Committee would like to begin the search process now while a final recommendation for financing the project is being completed. The•Committee would not propose hiring an owners representative until the Vail Town Council reviews and approves a plan for financing the project. 8. Judy Camp ITEI~V/T®PIC: First reading of Ordinance No. 7, Series of 2004, an ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund Dispatch Services Fund and Marketing Fund for the 2004 Budget for the Town of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth herein; and setting forth details in regard thereto. (15 min.) ACTION REQIJESTE® OF COUNCIL: Approve first reading of Ordinance ,No. 7 BAC~CGROUN® RATIONALE: Provided separately STAFF RECOIIAMEN®ATION: Approve first reading of Ordinance No. 7 9. George Ruther OTEIt41/TOPIC: First reading of Ordinance fVo. 11, Series of 2004, an Matt Mire ordinance vacating a certain part of the system of public ways of the .. Town of Vail, Colorado, i.e., a subterranean portion of Hanson Ranch Road contiguous to Lot P-3, according to the subdivision plat entitled "Lot P-3, Vail Village Fifth Filing"; and setting forth details in regard thereto (15 min.) ACTION REC~UESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No.11, Series of 2004, upon first reading BACI4GROUND RATIONALE: Pursuant to the Vail Town Charter, the Vail Town Council shall only transferor convey interest in real property held by the Town of Vail via the adoption of an ordinance approving the conveyance. The purpose of Ordinance No. 11, Series of 2004, is to comply with the applicable provisions of the Vail Town Charter in the vacating of a certain subterranean portion of Town-owned public right-of-way. Through the adoption of ordinance No.11 and the recording of the accompanying exhibit to the ordinance, the Vail Town Council will vacate a portion of subterranean right-of-way to allow for the construction of a new underground private parking structure beneath Hanson Ranch Road. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 11, Series of 2004, upon first reading. 10. Matt Mire ITEMITOPIC: Second Reading of Ordinance 8, Series 2004, an Buck Allen Ordinance Amending Title 6, Chapter 3, "GENERAL OFFENSES," of The Municipal Code of The Town of Vail; Providing for the Addition of "Article I. Violation of Restraining Order"; and setting forth details in regard thereto (5 min.) 11. Matt Mire ITEM/TOPIC: Second Reading of Ordinance 9, Series Buck Allen 2004, an Ordinance Amending Title 6, Chapter 3, Article A, of The Municipal code of The Town of Vail; Providing for Certain Amendments to the Town of Vail Police Regulations Relating to Offenses by or Against Public Officers and Government; and Setting Forth Details in Regard thereto (5 min.) 12. Dwight Henninger ITEM/TOPIC: Proclamation designating April 11, 2004, through April 17, 2004, to be National Public Safety Telecommunications Week (5 min.) 13. Pam BrandmeyerlTEMITOPIC: New Appointments (20 min Design Review Board (DRB) 1 board vacancy for a.1 year term • Sherry Dorward • Diana Mathias Art In Public Places (AIPP) 1 board vacancy fora 1 year term • Millie Aldrich • Dan Telleen 14. Stan Zemler ITEMITOPIC: Town Manager's. Report (10 min.) 4 Adjournment 9:10 P. Ni.) _. ~ iVOTE_UPCOMING__MEETING START_TIMES BELOW: _ (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) .THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT 2 P.M. ON TUESDAY, APRIL 20, 2004, IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. ON TUESDAY, APRIL 20, 2004, IN TOV COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2106 voice or 479-2356 TDD for information. 5 ® ~2 A F"g' VAIL TOWN COUNCIL EVENING MEETING TUESDAY, MARCH 2, 2004 7:00 P.M. The regular meeting of the Vail Town Council was called to order at approximately 6:00 p.m. by Mayor Pro Tem Dick Cleveland. Council members present: Dick Cleveland, Mayor Pro Tem Kim Ruotolo Kent Logan Diana Donovan Farrow Hitt Council members absent: Rod Slifer, Mayor Greg Moffet Staff Present: Stan Zemler, Town Manager Matt Mire, Town Attorney The first item on the agenda was citizen participation. Stuart Bourne, a member of the Democratic Party, reported on the upcoming Democratic caucus to be held in Eagle. The secoo~~ll item on the agenda was the consent agenda. Diana Donovan moved to approve the February 2, 2004 and February 17, 2004 evening meeting minutes as read. Kim Ruotolo seconded the motion: A vote was taken and the motion passed unanimously, 5-0. The thir~9 item on the agenda was Proclamation 1, 2004, a proclamation designating March 6, 2004 as Helmut Fricker Day in Vail, Colorado. At the request of the organizers, reading of the proclamation was withdrawn. It will return for approval at a later date. The fourth item on the agenda was a summer air service update. Airlines consultant Kent Myers provided an update on 2004 summer air service from the Eagle County Regional Airport. Due to the success of the American Airlines program last summer, Myers indicated that Eagle County has agreed to provide 100 percent of the financial support for return of the American Airlines program in 2004, which has enabled the business community to attempt to obtain air service from a second airline, Continental. To date, local businesses have pledged $240,000 for the Continental flights, according to Myers. He asked the Town of Vail to pledge $10,000 towards the program. Myers' request was taken under advisement with no decisions rendered. The fifth item on the agenda was a discussion regarding proposed text amendments to Title 12, Zoning Regulations, Vail Town Code, to amend the Gross Residential Floor Area (GRFA) regulations in the Town of Vail. Council heard a presentation from Bill Gibson, town planner, regarding proposed text amendments to the town's Gross Residential Floor Area (GRFA) regulations. Input was given regarding reasons to keep the GRFA regulations and others speaking in favor of eliminating the GRFA calculations. DRAFT All agreed the topic is extremely cornplex and has resulted in unintended consequences. Council members thanked the town staff and members of the Planning and Environmental Commission for their hard work and analysis. During the discussion., stairwells, vaulted ceilings and basements were identified as areas of concern, as to whether they should be included in the GRFA ratio. It was the general feeling that Vail's regulations should encourage homeowners to stay in Vail or live here on a full-time basis, rather than making it difficult to add on or remodel their existing homes. Council member Diana Donovan suggested the need to simplify the current guidelines: She also noted the need to address the calculation for employee housing units (EHU's)..Staff was encouraged to move forward with revisions to be discussed again at a future date. The sixth item on the agenda was approval of Vail Village Streetscape Artwork. As a follow up to the work session discussion earlier in the day, the Council voted to approve the concept presented by the Art in Public Places Board for the proposed Vail Village streetscape artwork along Wall Street, noting the need for refinements in its application to better reflect Vail's surroundings. The seventh item on the agenda was a request to proceed through the development review process with a proposal to place a monument sign and landscaping improvements on a small portion of the soccer field site located adjacent to the eastern Northwoods entrance at 620 Vail Valley Drive. After hearing a presentation from Northwoods representative Shelly Mello, the Town Council granted its approval to proceed through the development review process as it relates to Northwoods' proposal to place a monument sign and construct landscaping improvements on a small portion of the town-owned soccer field site adjacent to the eastern Northwoods entrance at 620 Vail Valley Drive. It was explained that boulders, trees, sod, irrigation and a gate are being proposed at the condominium's east entry. The eighth item on the agenda was the first reading of Ordinance 4, Series 2004. An ordinance Amending Title Six of the Vail Town Code; Exempting Areas of Stephens Park from Town of Vail Requirements Regarding Pet Animal Owners' Immediate and Physical Control of Dogs. Following ayear-long trial period, the Council voted 5-0 to give preliminary approval to allow Stephens Park to join Bighorn Park as an off-leash area for dogs on a permanent basis. The ordinance establishes specific boundaries for the leash free area to include the park's turf area on the northeast side between South Frontage Road and Gore Creek. All other areas of the park, including the parking lot, playground and walking path, require dogs to be leashed or within 10 feet of the handler. During the public input session, two residents expressed concerns about aggressive dogs running at large in the Intermountain neighborhood as a result of the trial period. Police Chief Dwight Henninger was. directed to arrange for more patrols by Eagle County animal Control. During discussion, Council members asked users to do their part in controlling aggressive dogs, keeping the park clean and respecting the off-leash boundaries. At the suggestion of Blondie Vucich, an East Vail resident who has organized the dog park in Bighorn Park,. staff was directed to explore the placement of dog waste containers at the Davos Trailhead and at the end of Bighorn Road. The ninth item on the agenda was first reading of Ordinance No. 5, Series 2004, an Ordinance Amending Title 4, Chapter 3, of the Municipal Code of the Town of Vail; Providing for Certain Amendments to the Town of Vail Sales Tax Code. After hearing an overview from Town Attorney Matt Mire, Diana Donovan moved to approve Ordinance No. 5 on first reading. Farrow Hitt seconded the motion. A vote was taken and the motion passed, 5-0. As explained by Mire, the ordinance provides the town finance 1~ dt A F '~' director with more latitude in implementing and enforcing the town's sales tax code in situations where a delay would jeopardize collection of the taxes due. The gentBv item on the agenda was the Town- Manager's Report: It was noted that January sales tax was up 9 percent from January a year ago. Also, it was announced the Vail Local Marketing District Advisory Council will report back to the Council regarding issues raised about its sponsorship of the PRIMA cultural arts campaign. As there was no further business, Kent Logan moved to adjourn the meeting. Kim Ruotolo seconded the motion. A vote was taken and the motion passed unanimously, 5- 0, and the meeting was adjourned at 7:50 p.m. Respectfully submitted, Dick Cleveland, Mayor Pro-Tem ATTEST: Lorelei Donaldson, Town Clerk Minutes taken by Mary A. Caster ®RA~'T VAIL TOWN COUNCIL EVENING MEETING TUESDAY, MARCH 16, 2004 6:00 P.M. The regular meeting of the Vail Town Council was called to order at approximately 6:00 p.m. by Mayor Rod Slifer. Council members present: Rod Slifer, Mayor Dick Cleveland, Mayor Pro-Tem Kim Ruotolo Kent Logan Diana Donovan Farrow Hitt Greg Moffet Staff members present: Stan Zemler, Town Manager Pam Brandmeyer, Assistant Town Manager Matt Mire, Town Attorney The fio~sg item on the agenda was Citizen Participation. There was none. The sec®nd item on the agenda was a review of a draft Vail Conference Center Business Plan: The Council heard a presentation from consultant Paul Sajovec, senior vice president of HVS, who has been working with the Council-appointed Conference Center Oversight Committee to develop a feasibility study and business plan for the facility. It was noted the Committee is currently evaluating the just-released study and will forward its recommendations to the Town Council on April 6. Sites being considered for the conference center are the charter bus lot just to the east of the Lionshead parking structure and the top of the Lionshead parking structure. As presented by Sajovec, the HVS report recommends the Town of Vail pursue construction of a conference center containing a 25,000 sq. ft. main ballroom/exhibit space and another 25,000 sq. ft. of breakout meeting space. Reading from the report, Sajovec said the facility should feature an overall level of quality representative of Vail's reputation as a world-class resort destination. He said design features should enhance event attendees' sense of being in a remarkable mountain resort. He went on to say the $42 million facility would be paid for with bonds backed by a 1.5 percent lodging tax and an additional .5 percent sales tax, approved by voters in 2002. The center would accommodate groups ranging from 500 to 2,000. An economic analysis presented by the HVS representative included projections on new room nights attributed to the facility, which shows an impact of 70,000 new room nights by year-five. As for operations, the study estimates the facility would operate at a deficit of between $1.1 million in the first year and $743,293 at stabilization in year 2011. Operating deficits in this range are typical, Sajovec said, for conference center facilities of this size. Overall, the study estimates the economic impact of such a conference center in Vail would generate approximately $33.1 million into the DRAFT town economy and would support 329 jobs, according to Sajovec. During the public comment period, Stan Cope, manager of the Lodge Tower, stated most of the major hotels in Vail are in favor of the conference center, as the attendees would be staying in their accommodations. He said smaller hotels would benefit from the exposure and the return trips to Vail. Merv Lapin, committee member, warned of possible interest rate increases, stating timing is of critical importance. Rick Scalpello, also a member of the oversight committee, asked if the Council was willing to accept an assumption made in the study as it relates to the projected use of the conference center for non-conference events, such as community banquets and other functions that would likely compete with existing hotel facilities. It was noted the Conference Center Oversight Committee will meet with several investment bankers to develop a recommendation for structuring the debt and creating a cash flow model for the project. In addition, the committee is receiving additional information on the cost associated with adding parking to the existing Lionshead parking structure. It was noted the Council will resume its discussion on the conference center at its April 6 meeting. The third item on the agenda was Resolution No. 11, Series of 2004, approving the Lionshead Public Facilities Development Plan. Greg Moffet moved to approve Resolution No. 11 adopting the Lionshead Public Facilities Development Plan, subject to the finding in the staff memorandum. Kent Logan seconded the motion and the Council voted 7-0 to approve. It was noted the purpose of the plan is to facilitate the redevelopment of Lionshead by removing or curing covenants that may impede redevelopment and to generate revenue to pay for public improvements with tax increment financing. The fourth item on the agenda was Resolution No. 12, Series of 2004, approving the P- 3 & J Reinvestment Plan. Greg Moffet moved and Kent Logan seconded to approve Resolution No. 12 regarding the P-3 & J Reinvestment Plan, subject to the findings in the staff memorandum. The Council voted 7-0 to approve the motion. It was noted the purpose of the plan is to remove or cure covenants that may impede redevelopment of this property, which is located across from the Christiania where a parking structure with a park on top is being planned by Vail Resorts. The fifth item on the agenda was Resolution No. 13, Series of 2004, authorizing the Town Manger to remove certain protective covenants within the Forest Place Subdivision. Greg Moffet made a motion, Kent Logan seconded and the Council voted 7-0 to unanimously approve Resolution No. 13 giving Vail Resorts the go-ahead for a new subdivision called Forest Place located on Forest Road. Certain protective covenants exist on the site which prevent development of the property. It was noted that these covenants will be modified by the mutual consent of the, Town of Vail and Vail Resorts Inc. Vail Resorts has already begun to remove ski operation facilities on the site and would like to begin installation of infrastructure for the new subdivision within the year. It was explained that this area is not part of the Lionshead Urban Renewal Area. The sixth item on the agenda was Resolution 14, Series of 2004, authorizing the Town Manger to modify certain protective covenants on 601 Forest Road on a parcel of land owned by the Town of Vail. Diana Donovan moved to approve this Resolution No. 14, authorizing the Town Manager to reestablish certain protective covenants that would keep the property as wetlands and allow the town to take reasonable care of the site. Farrow Hitt seconded the motion. The Council voted 5-2 to approve, with Moffet and Ruotolo against. During an explanation of the resolution, Community Development 2 ®Q2A~'H' Director Russell Forrest said the action will allow certain types of trails that do not involve structures or boardwalks to be created on the site. The land is zoned Natural Area Preservation and is already dedicated open space, he said. The changes in the covenants had been requested by adjacent property owners. In voting against the resolution, Councilman Greg Moffet said that while the additional protections would benefit adjacent property owners, they would not be in the best interest of the public at large The seventh item on the agenda was the. Council's pledge to Fly Vail Summer/Continental Airlines. Following a clarification from airline consultant Kent Myers, Greg Moffet moved and Farrow Hitt seconded to provide a letter stating the town is highly confident it will support the Continental Airlines proposal with $10,000 subject to appropriation mid-year (if revenues allow), to subsidize the additional air carriers flying in and out of Eagle to the Houston area. The council agreed and voted 7-0 to approve. Flights from Dallas by American Airlines have already been secured by Eagle County. The eighth item on the agenda was an update on I-70 mitigation measures. The Council heard a presentation from Police Chief Dwight Henninger and Public Works Director Greg Hall on efforts to mitigate the noise problems on I-70 through Vail, including an agreement with the Colorado Motor Carriers Association, the Colorado Department of Transportation and the Town of Vail to work together on noise and speed monitoring, education and traffic enforcement programs, and the pursuit of a noise mitigation demonstration project. The Council voted 7-0 to direct the town manager to continue to pursue the multiple actions and to reject second reading of Ordinance No. 28, Series of 2003, banning the use of engine brakes along I-70 through Vail. This ordinance had passed on first reading on December 2, 2003. The ninth item on the agenda was appointments to boards and commissions. In separate actions, the Town Council made the following board appointments: Thomas DuBois was appointed to a two-year term on the Building and Fire Codes Appeals Board (B&FCA) with Rich Seth as alternate. On the Planning and Environmental Commission, Anne Fehlner-Gunion, Roland (Rollie) Kjesbo, George Lamb and David Viele were appointed to two-year terms; while Bill Jewitt was appointed to a one-year term. On the Design Review Board, Scott Proper, Margaret Garvey Rogers and Joe Hanlon were appointed to two-year terms. On the Art In Public Places (AIPP) Board, Barbie Christopher, Pamela Hopkins and William Rey were each appointed to three-year terms. The tenth item on the agenda was the Art in Public Places (AIPP) year-end review. Leslie Pickling, AIPP coordinator, presented ayear-end review to the Council, recapping the various art projects commissioned in 2003 throughout the Town of Vail, including the deer migration fence at Dowd Junction and the installation of artwork at Donovan and Ellefson parks. The Council will be meeting with AIPP in April to discuss future art projects. The e9eventh item on the agenda was the slurry seal street improvements project. Greg Moffet moved, Dick Cleveland seconded, and Council voted 7-0 to award the project to Intermountain Slurry Seal, Inc. of Utah. As explained, slurry seal is part of the Town of Vail's on-going maintenance program, which helps to extend the life of asphalt pavement, while also providing a new all-weather and skid resistant surface to Vail streets. All public streets in Intermountain and Matterhorn neighborhoods will be slurry DRAFT sealed. The project is scheduled to begin in mid-June and will be completed before the Fourth of July holiday. The twelfth item on the agenda was First Reading of Ordinance 8, Series 2004, an Ordinance Amending Title 6, Chapter 3, "GENERAL OFFENSES," of The Municipal Code of The Town of Vail; Providing for the Addition of "Article I. Violation of Restraining Order". Greg Moffet moved to pass Ordinance No. 8. Kim Ruotolo seconded and the Council voted 7-0 unanimously to approve the motion, on first reading. Currently, there is no provision in the town's criminal code which addresses a violation of a restraining order. Adding this violation to the town's police regulations, as requested by Municipal Judge Buck Allen, will allow both the Police Department and the Municipal Court to more effectively enforce the town code and deal with offenders who violate lawful orders of this type. The thirteenth item on the agenda was First Reading of Ordinance 9, Series 2004, an Ordinance Amending Title 6, Chapter 3, Article A, of The Municipal code of The Town of Vail; Providing for Certain Amendments to the Town of Vail Police Regulations Relating to Offenses by or Against Public Officers and Government. Greg Moffet made a motion to approve Ordinance 9 on first reading. Kim Ruotolo seconded the motion and the Council voted 7-0 to unanimously approve. Currently, there is no provision in the town's criminal code which addresses a violation of bail bond conditions. Adding this violation to the town's police regulations, as requested by Municipal Judge Buck Allen, will allow both the Police Department and the Municipal Court to more effectively enforce the town code and deal with offenders who fail to comply with conditions imposed upon them. The fourteenth item on the agenda was Second Reading of Ordinance No. 28, Series of 2003, Prohibiting the Use of Dynamic Braking Devices on a Certain Section of Interstate Highway 70 within the Town of Vail. In an earlier action, Greg Moffet moved, Kent Logan seconded, and the Council voted 7-0 to reject second reading of this ordinance, per its discussion of I-70 mitigation issues. The fifteenth item on the agenda was Second Reading of Ordinance No. 4, Amending Title 6 of the Vail Town Code; exempting Areas of Stephens Park from Town of Vail Requirements Regarding Pet Animal Owners' Immediate and Physical Control of Dogs. Dick Cleveland moved to designate Stephens Park as a leash free park. Diana Donovan seconded the motion and the Council unanimously approved Ordinance No. 4. This follows cone-year trial period for unleashed dogs. In approving the ordinance, Council requested increased enforcement of the park and surrounding area and additional signage. The sixteenth item on the agenda was Second Reading of Ordinance No. 5, Series 2004, an Ordinance Amending Title 4, Chapter 3, of the Municipal Code of the Town of Vail; Providing for Certain Amendments to the Town of Vail Sales Tax Code. Dick Cleveland moved, Diana Donovan seconded, and the Council unanimously approved this ordinance on first reading. This amendment was requested by the town Finance Department and will provide the Town of Vail finance director with more latitude in implementing and enforcing the town's sales tax code in situations where a delay would jeopardize collection of the taxes due. The seventeenth item on the agenda was the Town Manager's Report. During a review of the written town manager's report, it was noted the Dobson Arena smoke mitigation 4 ®12AF'II' proposal will most likely be presented to the Design Review Board on April 7. Due to a high cost estimate, staff was asked to re-examine all possible solutions to include an additional exit on the north side of the arena. February lift tax collections were announced. It was also noted that February, normally one of the most impacted times for the town, was an accident-free month for Town of Vail employees. Following a discussion, the Vail Farmers' Market was given permission to set up in front of the Austria Haus on Meadow Drive, thus redirecting the buses to the South Frontage Road. The market was also allowed to set up on July Fourth, assuming there is no change in the parade route, due to construction. The Booth Creek prescribed burn is tentatively planned for this spring, weather and conditions permitting. As there was no further business, Greg Moffet moved to adjourn and Kim Ruotolo seconded. A vote was taken and the motion passed unanimously, 7-0. Respectfully submitted, Rod Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk 5 I~IE(1~ORANDUIIfl TO: Vail Town Council FROM: Conference Center Advisory Committee DATE: April 6, 2004 SUBJECT: Update on the Vail Conference Center Planner: Russell Forrest '8. PURPOSE The Vail Conference Center Advisory Committee is requesting that the Vail Town Council authorize Town staff to issue an RFP for an owner's representative for the Vail Conference Center. In addition, the Committee would like to provide an update to the Council on progress to date on developing a recommendation for financing the facility. 2. UPDATE ON FIRIANCING On March 16~', 2004 HVS provided an overview of the Business Plan to the Vail Town Council. On March 30~', 2004 the Conference Center Advisory Committee interviewed the following four investment bankers: o Kirkpatrick Pettis, o Hanifen Imhoff, o Piper Jaffray, and George K. Baum (Steve Jeffers) The purpose of these interviews was to determine what creative ideas existed among alternative financing institutions and to determine which investment banking institution could provide the best service to the Town in financing the conference center. These interviews raised several new questions and ideas. The primary issue is that several of the bankers.stronglysnggested that the Town of Vail "back stop" the debt service for the conference center with new growth in sales tax dollars. This would provide improved interest rates and better coverage factors for the issuance of the bonds. However, the Committee strongly believes that the financing for the conference center should be independent from the Town of Vail and that a financial fire wall should exist between the two. The investment bankers also provided options that would only commit the dedicated lodging and sales tax for the conference center. There were also questions about the interrelationship of issuing debt for the conference center and existing debt the Town has and whether it would impact future bonding capacity for other projects. Follow-up questions have been prepared for both Dee Wiser and the investment bankers. The Committee would like to then take that information and make a final recommendation to the Town Council on how to move forward with the financing of the conference center and which investment banker should be chosen to do that financing. 3. OWNERS REPRESENTATIVE The Committee is requesting that the Vail Town Council authorize Town staff to issue an RFP for an owner's representative consultant. The purpose of this consultant is to provide advice on: • How to proceed with the development of a design or design build RFP and contract. • Provide an extension of staff in monitoring the design process and identifying opportunities to reduce cost. • Provide cost estimates on the project at critical points in the process • If and when construction begins on the project, the owner's representative insures the Town receives what it is paying for in its capital budget for the facility. The attached RFP is broken into two phases: pre construction and construction. This RFP would determine the level of interest and the costs associated with the attached scope of service. It would not commit the Town to entering into a contract or moving forward with the project. The Committee would like to begin the search process now while a final recommendation for financing the project is being completed. The Committee would not propose hiring an owners representative until the Vail Town Council reviews and approves a plan for financing the project. 4. PROPOSED NEXT STEPS: • April 5th-April 9th :Follow-up meetings and work on the financing plan • April 6th: Request the Town Council to issue an owner's representative RFP • April 8th: RFP issued for owner's representatives • April 20th: Recommendation to Council on financing the project • April 29th: Proposed interviews with owners representative teams • May 4th or May 18th :Town Council requested to approve of hiring owner's representative • June, 2004: Design RFP developed and issued with Town Council's approval Request for Proposals Owner's Representative for the ®esign anc! Construction of the Town of Vail's Conference Facility ~-pril 8, 2004 9. lNTRO1)UCTlOR9 In November 2002 the voters of the Town of Vail approved a dedicated revenue source to facilitate in the development of a world class Conference Center. A 1.2-acre site adjacent to the 1100 space Lionshead parking structure has been designated as the Conference Center site. It is in a strategically located position between the Lionshead and Vail Village commercial areas. It is anticipated that the new Conference Center will be a financially sound development that will boost year-round visits to the Town of Vail. The Town of Vail envisions aworld-class, sustainably designed conference center that is desired with a 25,000 s.f. ballroom, associated breakout rooms, commercial kitchen facilities, and office spaces. The site for this conference center is located at 395 South Frontage Rtl V~/est. The Town envisions four phases for the development of the Conference Center. The initial phase will involve the creation of a business and operational plan for the conference center. This phase is nearing completion. The second phase would include creating a design that meets the programmatic and financial goals of the business plan. The design shall also comply with the applicable development regulations of the Town of Vail. The third phase of the work will include construction of the Vail Conference Center. The fourth and final phase includes the operation and maintenance of the facility. This RFP is intended to solicit proposals for owner's representative that have expertise in both the managing design and construction projects. Experience managing large public projects, particularly where there are large assemblies of people is desired. 2. PR0.9l=CT G0~4~S A. To provide a financially sound Conference Center that maximizing economic impact and spending year round within the Town of Vail. B. A Conference Center achieving the highest possible design and environmental standards in all aspects of the facility, its operation and maintenance. C. A design maximizing the site utilization without compromising the above requirements. D. Design and construction of the facility that minimizes the long-term cost of operation and maintenance, while adhering to the high standards expected in Vail. E. To provide a conference facility that is on budget and on time. 3. THE PROJECT A. Aworld-class, sustainably designed conference center that has a 25,000 s.f. ballroom, associated breakout rooms, commercial kitchen facilities, and office spaces. B. Site is a 1.2 acre parcel of land owned by the TOV situated on the south side of I-70 adjacent to the Lionshead Parking structure. Site address is 395 South Frontage Road, Vail, Colorado. C. Site is surrounded by multiple utility, state and local right-of-way easements. D. Wet and dry utilities are available onsife. E. Access to the 1100 space parking structure needs to be maintained. F. The Town of Vail has a dedicated Lodging and Sales Tax to pay for the construction and subsidize operation of this facility. G. The capital and operating costs shall be separate and independent of the Town of Vail's General Fund. The project should be financially self sustaining. 4. SCOPE OF SERVICE A. Pre Construction 1. Using its experience on similar projects., assist the TOV and with determining the appropriate type of design and construction method to be used. This could involve participating in 1=2 meeting and providing written materials on pros and cons related to various techniques (design build, owner selects design team separately from the contractor ect.). 2. Develop RFP for design and a distribution list for the design process based on direction received by the Town Council. The consultant shall work interactively with the Conference Committee and Town staff to develop the RFP for design. 3. Once the RFP is approved by.the Vail Town Council the consultant shall manage and perform the dissemination of the RFP for design. Depending on the design and construction process selected by the Town of Vail, the consultant may have to prepared and solicit for also a contractor in the design process. 4. Facilitate anci coordinate a selection process for the design team. This will include coordinating interviews and meetings with the Conference Center Advisory Committee and providing tools to evaluate alternative candidates. 5. Attend regular meetings with the project team, and' provide recommendations to the TOV as appropriate to assist in making timely decisions, control costs, drive the schedule, as well as manage TOV expectations and risk. 2 6. Facilitate the creation of an initial owners budget, which must be approved by the Town of Vail, and provide updated cost estimates on the project as the design evolves from concept plan to design development, and finally construction drawings. 7. Establish processes for and be proactive with informing the TOV's multiple stakeholders of project status, as well as assist with coordination and dissemination of input from these stakeholders. 8. Review meeting minutes (prepared by others) from all pre-construction meetings prior to distribution. 9. A constructability review by the Owner's Representative will be required at some point between design development and final construction documents. The focus of this effort will be on quality of the documents, and change order prevention. A report will be prepared by the Owner's Representative outlining ambiguities, costly specifications, expensive detailing, required addenda, etc. for TOV and project team review. Specifically, the owner's representative shall determine if the developer is optimizing the balance of cost of the project, quality of the facility, and future maintenance costs of the facility. The report will be sorted into architectural, structural, mechanical, electrical and civil sections for ease of design team distribution, and will be used as a quality assurance checklist tool at the next issuance of documents. 10. Provide assistance to the Town of Vail project manager on coordinating and planning meetings and other miscellaneous task related to the conference center. 11. Depending on the design and construction process chosen by the Town of Vail, the consultant shall prepare and assist in the preparation of construction bid documents and the bid process. 'The consultant shall facilitate the construction bid process which shall include working with the architect to develop the bid documents, developing a bidder's mailing list, facilitating interviews, and providing tools to evaluate contractors. 12. The consultant shall work with the Town of Vail in negotiating and preparing a construction contract for the project. This contract shall include a guaranteed maximum price. I8. SER!lICES REGIIJIRE® ®l1RIN(~ C®NSTRl1'CTION 1. fVionitoring and Reporting: The Owner's Representative will attend weekly meetings with the project team to monitor project goals, including but not limited to quality, schedule and cost. Results of this monitoring will be made available weekly to the TOV staff, and formally reported to Vail Town Council once per month. 2. Construction Observation: Tour the jobsite with or without the Architect and/or general contractor, devoting at a minimum 10 hours per week two - three times per week at the project site for this observation. Take note of any 3 workmanship that is below quality standards or that does not conform to contract documents or specifications. Submit written narrative of each observation to include 'recommended courses of action if the construction contract requirements are not being fulfilled. 3. Change Order Cost and Schedule Impact Review and Validation: Owner's Representative will provide analyses of Change Orders presented by the general contractor, reviewing them for detail of information provided, compliance with industry standards, and accuracy of pricing. 4. Pay Application Analyses: The Owner's Representative will take the supporting information provided by the general contractor and verify its mathematical and contractual correctness, as well as verifying the status of the completion of the project in relation to these items. Review the job-cost- coded labor reports for any contractor self-performed work for reasonableness and compliance with industry standards. 5. Punch List Review: Work closely with the TOV, Architect and general contractor to develop the final punch list, which will result in the production of a schedule for completion of each of these items. Work with the TOV, general contractor and Architect to develop a weekly program to validate the implementation of the punch list schedule. 6. Provide assistance to the Town of Vail project manager on coordinating and planning meetings and other miscellaneous tasks related to the conference center. 7. Warranty Follow-up: Perform a minimum of two (2) warranty inspections with Owner's maintenance personnel. Provide written reports to all involved. Follow up to ensure warranty items are complete to Owner's satisfaction. 5. THE CANDIDATE'S QUALIFICATIONS Please provide the following information about the employees your firm proposes for this project. Senior Project Member: Current resume of the Owner's Representative team leader. Include a list of projects completed by this individual. Key qualifications that make this individual an ideal "fit" for the ... TOV and this project. Support Staff Members assigned to this project: • Current resume for support members. • Roles and responsibilities for each team member 4 Provide an organizational chart showing the proposed staffing of this project by your firm, and the relationship to the TOV, developer, design team and contracting team. Provide the qualifications of the proposed operations and management expertise on the team, as follows: o An overview of the firm including but not limited to time in business, number of property management personnel on staff, accounting personnel on staff, and administrative support personnel. o Current resume that outlines experience related to preparing business plans for conference facilities and operating conference facilities. o List of projects managed by this individual, together with owner and phone number for each project shown. o Minimum number of hours per week this individual will be specifically dedicated to this project during the project. 6. PR®9~®SAL St~~lyIOTTAL A. Provide your firm's anticipated fee to perform the services described herein: B. Show a basis for calculating this fee, including anticipated staff time, by hours per week, devoted to this project, broken out by individual. C. Separately, show all associated reimbursable costs for providing these services (e.g. office space, phone, travel, reproduction, etc.). D. Provide itemized list and your proposed cost (either lump sum or hourly rate) for optional services that may be of benefit to the TOV but are not identified in the Scope of V~lork of this RFP. E. Provide the hourly rate schedule for individuals proposed in this project to be used if the TOV wished to increase the scope or frequency of services. F. 12 copies of the proposal should be submitted to Russell Forrest, Town of Vail, 75 South Frontage Rd, Vail, CO 81657. G. Individuals or companies responding to the RFP should notify Russell Forrest prior to April 23, 2004 that a proposal will be submitted to the Town of Vail. 7. SCHE®ULE RFP issued: April 8~', 2004 Notify Russ Forrest at 970-479-2146 that you will April 23, 2004 be submitting an RFP Proposal and cost estimate submittal deadline April 28~', 2004 5 Interviews April 29~', 2004 Selection May 4th, 2004 8. GENERAL CONDITIONS A. Limitations and Award: This RFP does not commit the Town of Vail to award or contract, nor to pay any costs incurred in the preparation and submission of qualifications in anticipation of a contract. The Town of Vail reserves the right to accept or reject all or any submittal received as a result of this request, to negotiate with all qualified sources, or to cancel all or part of the RFP. After a priority listing of the final firms is established, the Town of Vail will negotiate a contract with the first priority firm. If negotiations. cannot be successfully completed with the first priority firm, negotiations will be formally terminated and will be initiated with the second most qualified firm and, likewise, with the remaining firms. B. Selection: Initial evaluation will be based upon the qualifications of the applicant. The Town of Vail reserves the right to not interview, and to make final consultant selection based upon the qualification statements and cost estimate. C. Equal Employment Opportunity: The selected consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. D. Contract Phasing: Proposed tasks within this document may be eliminated by the Town of Vail at any time (i.e., depending on progress in Phase I, Phase II could be delayed or eliminated). Development of construction drawings and project management should be budgeted separately, as contracts for this work may be issued as a separate contract. .. .. 6 ORDINANCE NO. 7 SERIES OF 2004 AN--ORDINANCE i~AKING SUPPLEMENTAL APPROPRIATIONS TO THE TOWN ®F VAIL GENERAL FUN®, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, DISPATCH SERVICES FUND, AND THE MARKETING FUND OF THE 2004 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE EXPENDITURES OF SAID APPROPRIATIONS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2004 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.24, Series of 2003, adopting the 2004 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge.the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9:10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain supplemental appropriations and budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following supplemental appropriations and budget adjustments for the 2003 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the expenditure or (reduction) of said appropriations as follows: General Fund $ 231,673 Capital Projects Fund 4,224,784 Real Estate Transfer Tax Fund 612,749 Dispatch Services Fund 229,072 Marketing Fund 11.000 Total $5,309,278 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3: 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. 4: The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of April, 2004, and a public hearing shall be held on this Ordinance on the 20th day of April, 2004, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. Rod Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED AS AMENDED ON SECOND READING AND ORDERED PUBLISHED in full this 20th day of April, 2004 Rod Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk MJC+ 1VI®1~1~1><D><1M[ . To: Town Council roin: Judy Camp Date: April I, 2004 Subject: Supplemental Appropriation On Tuesday evening you will be asked to approve the first reading of Ordinance No. 7 making supplemental appropriations and adjustments to the 2004 budget. I am attaching a spreadsheet detailing these proposed adjustments. Ca ita- Pro'ects IFurnc- Most of these items are rollovers, i.e., projects that were budgeted in 2003 but will not be completed until 2004. Two changes are made to the Eagle County Grant Revenue.. The East Vail Repeater Site, which was on the County's short list when our 2004 budget was prepared, did not get final approval and has been removed from our budgeted revenue. This is somewhat offset by the addition of $131,518 to the county-wide CAD/RMS (computer-aided dispatch/records management system) representing funds originally requested for astand-alone records management system for the Sheriff's Office, which has now been incorporated into the county-wide system. Participating agencies have agreed to $110,000 of funding for the CAD/RMS system (half has been billed and half will be billed in December) and an additional $110,000 representing previous capital contributions will be moved from the Dispatch Services Fund balance. These items are included in the budget adjustments along with the corresponding project costs. The revenue item for the Children's Garden of Learning is the loan repayment due by May of this year, which was not included in the origina12004 budget. A $126,000 line item for re-powering buses has been removed from the budget since this work has been rescheduled. The RETT Fund also includes projects budgeted in 2003 that are expected to be completed in 2004. The AIPP adjustments move the entire AIPP operating budget from the RETT Fund to the General Fund per Council's instruction on December 3, 2003 and add a line item to recognize the $27,435 surplus generated from manhole cover sales which is to be used for Art in Public Places. Genera- )F'ean~- Several of the items included in the General Fund are related to timing of grants. For example, Environmental Health received cash fora $2,000 grant from the FDA in 2003 which will be spent in 2004. The AIPP budget transfer into the General Fund from the RETT Fund is also included here. Charter bus revenue and related expenditures have been increased from the original budget as a result of providing bus service for the X-Games in Aspen. Per Council's direction on December 3, 2003, $46,000 has been added to support the I-70 traffic education enforcement pilot program. Other items of expenses include: additional administrative support in Community Development in response to increased volume through 8/1 when the position will be funded by agreement with the developer ($19,000); CASTA (Colorado Association of Transit Authorities) dues and fees which support efforts to obtain federal bus grants were inadvertently omitted from the original -1- 2004 budget and are critical to our ability to receive grants ($9,028); costs of providing additional fire staff required at the Dobson Arena for two high capacity concerts ($2,000);, the cost of the January 2004 special election that was added after the budget was approved ($6,000); and bus service for the film festiVaT ($1,500). 1)isnatch Services Capital Proiects Final bills for the 911 Phone System Upgrade, which was budgeted in 2003 and funded by the E- 911 Authority Board in 2003, will be paid in 2004. Funds are transferred from Dispatch Services to Capital Projects for the county-wide CAD/RMS. Marketing Fund During their budget presentation, the Commission on. Special Events was authorized to carry over $11,000 of their 2003 funding into 2004. -2- 1f'~ropoe~ ~~pp~~~& Appropa3~tiio>u~:~9 )~ndget.~alj~A.ffienb #Il o1f X1104 )ltevlrnue ]E~pendii>toae ]Increaee )Ins>:ease F9es~csiplao~ ~a~e) ) Yteaeo~ ~:apit~ Projects ~mmaE Multi Purpose Rec Facility 30,000 Eagle River Water and Sanitation escrow funds Multi Purpose Rec Facility 30,000 design fees QRV Vehicle 7,370 Funding received from Forest Service in '03 for tool purchases for. new QRV East Vail Repeater Site (320,000) no funding coming from Eagle County CAD/RMS System 131,000 funding from Eagle County for CAD/RMS CAD/RMS System 110,000 funding from outside agencies for CAD/RMS system CAD/RMS System 110,000 funding from Dispatch Services fund balance CAD/RMS System 75,600 Byrne Grant funding roll from 2003 CAD/RMS System 351,000 add'1 expenditures for the CAD/RMS system CAD/RMS System 75,600 Byrne Grant expenditures Federal Grants 2,007,129 Roll '03 grant revenue for buses to 2004 Replace Buses 2,475,490 Roll '03 $us replacement budget to 2004 CDOT Grants 40,322 Revenue to be received for Columbine/Spruce Way Pay App #5 Miscellaneous Revenue 5,000 Childrens Garden of Learning Loan repayment Repower Buses (126,000) not needed in 2004, scheduled for 2006 Fire Infrastructure Imprv 177,367 Roll from 2003 Donovan Park Pavilion 33,465 Roll from '03 -flooring Dobson Ice Arena 8,198 Roll from 2003 for Phase I Dobson Ice Arena 8,052 Phase II architectural fees for Smoke Mgmt Town Mgr Residence 50,000 Roll from 2003 Town Mgr Office Remodel 5,103 Roll from 2003- to complete Town Mgr Office Remodel 2,125 Complete town mgr office remodel Police Vehicles Purchase 274,000 Roll from 2003 -purchase in 2004 Vehicles Purchase 5,200 Add'1 amount for purchase of admin/com dev Saabs Mobile Hardware Laptop 68,485 Roll from 2003 -project to take place in 2004 Bus Shelter Replacement 20,250 Roll from '03 rebuild bus shelter Timber Ridge Capital Street Maintenance 100,000 Roll from 2003 -cover bridge bus plaza Facility Capital 52,286 Roll from '03 - ADA compliance Parking Structure Maint 180,000 Roll from '03 -new elvevators, upgrade boilders, consulting study Fiber Optic Connection 70,000 Roll from '03 (streetscape, com dev, police laptop) Lionshead Improvements 48,300 Roll from'03 I-70 Noise 18,303 Roll from '03 Way Finding Improvements 85,573 Roll from '03 West Meadow Drive 204,617 Roll from '03 3tabtotxfltCt~pi@~IlProj~>H~ 2,189,051 4,224,784 Nerolon 9 Flret Reading Supp 1 of 2004 040401 S-1 4/1/04 11:35 AM Proposed Supplemental Appropriations and Budget Adjustments #1 of 2004 Revenue Expenditure Increase Increase Description (Decrease) (Decrease) Reason RETT Projects Fund Black Gore Creek Sand Mitigation Black Gore Creek Sand Mitigation Donovan Park Playground Safety Improvements Irrigation Control Pirate Ship Park Public Art AIPP- Salaries AIPP-benefits AIPP-Professional Fees AIPP-Phone charges AIPP-Repairs & Maintenance AIPP-Special Programs Temp Exhibit AIPP-Special Programs & Events AIPP-Special Programs & Events Subtotal RE'IT Projects Farad General Fond Current Property Tax Operating suppplies/Computer Hdwr Police Auction Records Misc AIPP-Salaries AIPP-benefits AIPP-Professional Fees AIPP-Phone charges AIPP-Repairs & Maintenance AIPP-Special Programs Temp Exhibit AIPP-Special Programs & Events AIPP-Special Programs & Events Com Dev Seasonal Salaries Com Dev Benefits CDOT Underage Drinking Grant Police Contract Labor Police Community Policing Supplies Supp 1 of 2004 040401 Version 1 First Reading 50,000 Eagle Rvier Watershed shared cost of CDOT 50,000 Reimburse CDOT for Black Gore Creek Sand Mitigation 53,000 Roll from '03 for drainage, landscaping, playground 32,605 Roll from'03 for fences at Stephens & Bighorn Parks (dog parks) 229,097 Roll from '03 for raw water project 299,765 Roll from'03 to reconstruct Pirate Ship Park , 34,213 Roll from '03 (30,199) move to general fund per council's request - (11,862) move to general fund per council's request (300) move to general fund per council's request (360) move to general fund per council's request (7,300) -move to general fund per council's request (4,500) move to general fund per council's request (3,975) move to general fund per council's request (27,435) roll from 2003 RETT to general fund (manhole cover surplus) 50,000 612,749 90 increase from original ordinance budget 2,000 Received grant money in 2003-FDA program 3,000 Based on 2003 actuals 3,000 Volunteer incentive program 30,199 move from RETT fund per council's request 11,862 move from RETT fund per council's request 300 move from RETT fund per council's request 360 move from RETT fund per council's request 7,300 move from RETT fund per council's request 4,500 move from RETT fund per council's request 3,975 move from RETT fund per council's request 27,435 rolled from '03 from RMT001 per council's request 16,890 Com Dev admin support for increased activity before VRI funding starts 2,110 Com Dev admin support for increased activity before VRI funding starts 23,697 grant reimbursement 6,995 Eagle River Youth Colalition 2,000 Caregroups evaluation S-2 4/1 /04 11:35 AM )Pu~opolaed SuppieffientaIl Appropriations > )3udget Adjustffien9~ #)< ®g 2004 IBevenue Expenditure Yncrease Yncrease Il)e®criptiou Qd)-ecrease) ~ecreaec) Reason Version 1 Flret Reading Police Community Policing Supplies Community Policing Youth Grant Police Community Policing Supplies Transit Professional Dues 2nd Home Study Grant Professional Fees Charter Bus Revenue Transit Overtime HEF Operating Charges Miscellaneous Expenses HEF Operating Charges Transit Overtime Election Fees Fire Salaires Fire Benefits Radio R&M Patrol Salaries Patrol Benefits Subtotal General end IHiapatcb Service )N~rnd Captial-Equipment Transfer to Capital Projects Fund Subtotal IDiepatcb Service 1[~nd Marketing )N~nd CSE Funding Subtotal Marketing Ibnd ~'otal 1911 Ibnd>t 14,702 add'1 expenses for CDOT youth underage drinking grant 2,999 Youth Grant Award 2,999 Youth Grant expenditures 9,028 quarterly CASTA dues for Transit coalition 8,518 Dola grant through 12/31/04 8,518 Dola grant disbursement 17,200 X-Games Charter revenue 9,200 X-Games Charter 6,000 X-Games Charter 2,000 X-Games Charter 750 Council's direction for bus service during film festival 750 Council's direction for bus service during film festival 6,000 Cost of January '04 special election 1,436 two special events over 1000 564 two special events over 1000 4,800 radio replacement and add'1 costs per radio for user fee 33,027 One year pilot program from I-70 traffic education enforcement 12,973 One year pilot program from I-70 traffic education enforcement 55,505 231,673 119,072 Equipment upgrade 911-2003 carryover 110,000 CAD/RMS system 0 229,072 11,000 Rolled from 2003 0 11,000 2,294,556 5,309,278 Supp 1 of2004 040401 S-3 4!1/04 11:35 AM ORDINANCE 8 SERIES 2004 AN ORDINANCE AMENDING TITLE 6, CHAPTER 3, "GENERAL OFFENSES," OF THE MUNICIPAL CODE OF THE TOWN OF VAIL; PROVIDING FOR THE ADDITION OF "ARTICLE I. VIOLATION OF RESTRAINING ORDER"; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, it is the desire of the Town Council of the Town of Vail ("the Town") to amend the Town's Police Regulations to provide for the crime of violation of restraining order; and WHEREAS, it is the Town Council's opinion that the health, safety and welfare of the citizens of the Town of Vail would be enhanced and promoted by the adoption of this ordinance. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Sectl®ro ~. Title 6, Chapter 3, of the Municipal Code of the Town of Vail is hereby amended by the addition of the following Article I, to read as follows: ARTICLE I. VIOLATION OF RESTRAINING ORDER SECTION: 6-31-1: Definitions 6-31-2: Violation Of Restraining Order 6-31-1: DEFINITIONS: For the purposes of this Article, the following terms shall be defined as follows: PROTECTED PERSON: The person or persons identified in the Restraining Order as the person or persons for whose benefit the restraining order was issued. RESTRAINED PERSON: The person identified in the Restraining Order as the person prohibited from doing the specified act or acts. RESTRAINING ORDER: Any order which prohibits the Restrained Person from contacting, harassing, injuring, intimidating, molesting, threatening or touching any person, or from entering or remaining on premises or from coming within a specified distance of a Protected Person or premises which is issued by a court of this state or the municipal court, and which is issued pursuant to C.R.S., Sections 14-4-101 to 14-4-105 Ordinance 8, Series of 2004 -J C.R.S., Section 14-10-107 C.R.S., Section 14-10-108, C.R.S., Section 18-1-1001, Section 19-3-316, C.R.S., Section 19-4-111, C.R.S. or Rule 365 of the Colorado Rules of County Court Civil Procedure; and orders issued as part of the proceedings concerning criminal municipal ordinance violation or any other order of a court which prohibits a person from contacting, harassing, injuring, intimidating, molesting, threatening or touching any person or from entering or remaining on premises or from coming within a specified distance of a Protected Person or premises. SUBSEQUENT ORDER: An order which amends, modifies, supplements or supersedes a Restraining Order. 6-31-2: VIOLATION OF RESTRAINNG ORDER: A. A person commits the crime of violation of a Restraining Order if such person commits an act which is prohibited by any court pursuant to a valid order issued pursuant to Sections 14-4-101 to 14-4-104, C.R.S., Section 18-1-1001, Rule 365 of the Colorado Rules of County Court Civil Procedure or an order issued by any district court, as provided for in Section 14-10-108, C.R.S. which restrains and enjoins any person from threatening, beating, striking or assaulting any other person or requires a person to leave certain premises and refrain from entering or remaining on such premises, or a municipal ordinance which provides for an order to issue which restrains any person from threatening, molesting or injuring any person or entering or remaining on the premises, or any protective order issued pursuant to Title 19, C.R.S., or if such person fails to perform any act mandated by any such order, after such person has been personally served with any such order or otherwise has acquired from the court actual knowledge of the contents of any such order. B. A peace officer shall arrest, or, if an arrest would be impractical under the circumstances, seek a warrant for the arrest of, a Restrained Person when the peace officer has information amounting to probable cause that: 1. The Restrained Person has violated or attempted to violate any provision of a Restraining Order; and 2. The Restrained Person has been properly served with a copy of the Restraining Order or the Restrained Person had received actual notice of the existence and substance of such order. Ordinance 8, Series of 2004 2 C. Any violation of this section shall be deemed a violation of this code, punishable by a fine or imprisonment or both in accordance with the general penalty provisions of this code. Any sentence imposed for violation of this section shall run consecutively and not concurrently with any sentence imposed for any crime which gave rise to the issuing of the Restraining Order. D. Nothing in this section shall be construed to alter or diminish the inherent authority of the Court to enforce its orders through civil or criminal contempt proceedings. E. No person charged with violation of a Restraining Order pursuant to this section shall be permitted, in the criminal action resulting from such charge, to collaterally attack the validity of the order which such person is accused of violating. F. A peace officer arresting a person for violating a Restraining Order or otherwise enforcing a Restraining Order shall not he held criminally or civilly liable for such arrest or enforcement unless the peace officer acts in bad faith and with malice or does not act in compliance with rules adopted by the Colorado Supreme Court. Sectl®s~ ~. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Secguou~ 3. 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. Sectioov 4. The amendment of any provision of the Town 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. Ordinance 8, Series of 2004 3 The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. 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 ON FIRST READING this 16th day of March, 2004 and a public hearing for second reading of this Ordinance set for the 6th day of April, 2004, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rodney E. Slifer, Mayor Attest: Lorelei Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED this 6th day of April, 2004. Rodney E. Slifer, Mayor Attest: Lorelei Donaldson, Town Clerk ., Ordinance 8, Series of 2004 4 ORDINANCE 9 SERIES 2004 AN ORDINANCE AMENDING TITLE 6, CHAPTER 3, ARTICLE A, OF THE Mt9NICIPAL CODE OF THE TOWN OF VAIL; PROVIDING FOR CERTAIN AMENDAflENTS TO THE TOWN OF VAIL POLICE REGl1LATIONS RELATING TO OFFENSES i3Y OR AGAINST PUBLIC OFFICERS AND GOVERNMENT; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, it is the desire of the Town Council of the Town of Vail ("the Town") to amend the Town's Police Regulations to provide for the crime of violation of bail bond conditions; and WHEREAS, it is the Town Council's opinion that the health, safety and welfare of the citizens of the Town of Vail would be enhanced and promoted by the adoption of this ordinance. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Sectl®n 'I. Title 6, Chapter 3, Article A of the Municipal Code of the Town of Vail is hereby amended by the addition of the following Section, 6-3A-10, to read as follows: 6-3A-10: VIOLATION OF BAIL BOND CONDITIONS: A. It shall be unlawful for any person released on bail bond of whatever kind to knowingly fail to appear for trial or other proceedings in the case in which the bond was filed or to knowingly violate any condition of the bail bond. B. Penalty. Any violation of this section shall be deemed a violation of this code, punishable by a fine or imprisonment or both in accordance with the general penalty provisions of this code. . Sectl®n 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Ordinance 9, Series of 2004 Section 3. 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 4. The amendment of any provision of the Town 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 corrimenced 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 5. 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 fo revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 16th day of March, 2004 and a public hearing for second reading of this Ordinance set for the 6~h day of April, 2004, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Attest: Rodney E. Slifer, Mayor Lorelei Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED this 6th day of April, 2004. Rodney E. Slifer, Mayor Attest: Lorelei Donaldson, Town Clerk Ordinance 9, Series of 2004 PROCLAflAATIOIV #2, SERIES OF 2004 P9ational Publ'oc-Safety Telecommunications VNeek April 11-17, 2004 ' !ftlhereas emergencies can occur at anytime that require police, fire or emergency medical services; And Whereas when an emergency occurs the prompt response of police officers, firefighters and paramedics is critical to the protection of life and preservation of property; And Whereas the safety of our police officers and firefighters is dependent upon the quality and accuracy of information obtained from citizens who telephone the Vail Public Safety Communications Center; And Whereas Public Safety Dispatchers are the first and most critical contact our citizens have with emergency services; And NVhereas Public Safety Dispatchers are the single vital link for our police officers and firefighters by monitoring their activities by radio, providing them information and insuring their safety; And Whereas Public Safety Dispatchers of the Vail Public Safety Communication Center have contributed substantially to the apprehension of criminals, suppression of fires and treatment of the. sick and injured; And vVhereas each dispatcher has exhibited compassion, understanding and professionalism during the performance of their job in the past year; Therefore Se It Resolved that the Vail Town Council declares the week of April 11 through 17, 2003 to be National Telecommunications Week in Vail, in honor of the men and women whose diligence and professionalism keep our city and citizens safe. Signed this 6th day of April, 2004. Rod Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk ~'ROlitl: Stan Zemler, Town Manager RE: Town Manager's Report t?ATE: April 6, 2004 ANNUAL MAIL CLEAN UP ®AV Staff agrees this is a great community event that brings people together to socialize and to do something for the town. The question on the table is: why pay people and organizations $25.00 to pertorm what used to be a voluntary community service? And would the town's dollars be better spent elsewhere since our Public Works employees are carrying such a major share of this clean up burden already? The prevailing staff consensus is that if the town stopped paying people, the turnout would be very different and it would most assuredly affect the numbers. Bill Carlson estimates approximately 120 hours of his time goes into organizing and managing the event which would happen regardless of whether participants were paid. Staff recommends we keep the event in place on May 8th at the Donovan Park. ART IN PUBLIC PLACES/STREETSCAPE PROJECT Please find included in the report photographs of the clay and wax molds that will be used to fabricate the stones for the water feature on Wall Street. REVENUE Real estate transfer tax revenue has started off the year well with $984K collected through the end of March, a 75% increase over the $560K collected in the same time period last year. This year's number includes two major commercial properties and one exceptionally large single family residence in addition to normal activity. FREE PARF(ING FOR EASTER Sunday SUNRISE SERVICE AT EAGLE'S NEST Staff has already been receiving calls about charges for parking for the annual mountain top service held at Eagle's iVest on Easter Sunday (April 11). We have advised staff to not charge for entries after 4:00 A.M. that morning and with departures from the LionsHead Structure prior to 9:30 A.M. - 10:00 A.M. This is in line with past service the town has provided for this sunrise event. 4th ®E .DULY, VAIL AMERICA ®AYS UP®ATE DOBSON ARENA SflAOKE itAITIGATION ~ Leslie F ckli g qu~~irr Toad.Chanterelles.jpg .~ ~~~ Pa9 9 R; ~ ~,~ ~ 'k , . 'k w 'r. l _ 4e J. q ~ / ~ v ~ tl i~ _ h f ~ r y ., i~ r ~ ' ,~~ ''~'~uk ,~ 'R` ~ ,~ .+/'. 1, r ~ t'^ ` ~ ~ J. ,~'~ ~ -~ ~ `" ~~' ~ ,,,r 1l ~ ~~ 1 ~~~ .aG W t ~ii~~ i) i _ ~" ~ _ t~ , :,~y 4~," y.i .~ ~ .~ ~ /~ ~ ~ ~~ ~ ` t ~\~ ~" ~. `' ~~ -, ~ . .. . rte., , ~~~ ~`~' r ~ ~. 7 ~ ,. . a :~l r , r. ~t ~^ - , ~ ,~ A i Y e ~ . ~ ._ 4 ,r ~ t ~ 4 _~. ~ ~~~`` ~ ^r ri ~: , }ti ~ a ~. S. _ ~~ /~` Y / ~ t rt; _ _. ~ _ ,. ~ ~ ~ ~ - ! t +y " ~ - ~ ~C ~ ~ ~ ` *~ , G ~.' .~ .. ~L f [ y I r ,~ } +~ r } ~ I ~C ~ ac .t .r Y f °,r~ > _ ~ ~ b _. 1 ~ F ~~ r 1 TA.~, Ufa ~; , _ ' W ~ ~ ... ~. f - G ~ ~~'~ '~l, (,9 ~. t. 5 e~{. r= a~ ~~ ~~~~ ~~~ f~a~~~~~ µ w ~~ ~r ' ~ ~} I ` ~ ). ~~ ` ~y, }~~~~ _ ~ . i~ ,<~ ~ ~ k,'~r ~~r { ~,t ~~ ~ . a t_, _,;r,_ _ __ er ~§ '11-~4'e+ ~k. ~ a ti. ~w^ ~t~.~, M " . ,~. 1 ~ ~,-:: ti t m~,~ ,~ ,-' , '~. _ ..f ~ ~' I .~ ,. q T'®wn ®f Vaii (~®~ffiissi®~ ®n Speciai Everts I~EM® 1[311!;: Vail America Days 2004 Budget Issues 'I<'®: Stan Zemler CSC: CSE, Pam Brandmeyer and Laurie Asmussen 1Fa~®ann: Sybill Navas, CSE Coordinator )IDate: 04/01 /04 ]Hnstoa~y ®f II~ecasg®ns Il3egardiixg Budget f®ff Vail A~aaerica Days 2004: ~eceanl~e>r '03: CSE allocates $25,000 to Eagle Valley Events, Inc. (Laurie Asmussen) to produce the Vail America Days Event. This is the same amount that the CSE had allocated for this event in the previous 2 years, when it was produced under the auspices of the WCTB. Laurie had submitted a combined application to the CSE requesting funding to produce America Days ($25,000), Oktoberfest ($65,000) and Holidays in Vail ($20,000); however the CSE did not grant her organization funding for either of the other two events as requested. Laurie indicated that she had hoped that revenues from Oktoberfest would cover any potential shortfalls in the America Days budget, but she did confirm, when questioned by the CSE, that she would be able to produce America Days as presented in her application. 1Felma~ua~y '04: Some members of the community communicate the expectation to Laurie that the Washington Prep Band (from Los Angeles- 110 individuals) will return to Vail and participate in the parade, as they have the last several years. Although the Washington Prep Band's trip to Vail is primarily underwritten by Howard Stone and the Vail Jazz Foundation to the tune of $40,000, with additional significant in-kind contributions from the community in the form of meals and lodging, the WCTB historically contributed $7,800 in cash support. Laurie was not aware of this additional expense, or the expectation that the band was a 4th of July "given," when she prepared her budget for the event. Fireworks for the event cost $15,000- and with an additional $8,000 for the band, she is only left with $2,000 in the budget to produce the entire event. She came to Pam and me requesting guidance as to how to proceed. I~f{a>rcln Ili, 2004: The CSE considers a request from the Jazz Foundation and Eagle Valley Events for additional funding to include the Washington Prep band in the 4th of July celebrations. When questioned as to the viability of the budget, Laurie stated that she could produce the event with the original $25,000 funding allocation and include the band, but that she would be unable to contract for any additional music or performing groups' participation. The CSE gave direction to Howard Stone to move forward with the arrangements to bring the band back to Vail this summer and directed Laurie to pursue <"`~#:rsn Vc,i' :1ner,~~a C)ar; {3cl;=et 3?,.:a lr I'Z!lif:.~ '•~ .- outside sponsorships and return with a status report at the meeting on Apri120, at which time some additional funding might be considered. Council Concerns/Work Session on March 16: Council expressed their desire to see more (not less) musical entertainment in the 4`" of July parade. This is not compatible with the decision made by the CSE at their meeting earlier in the day- and is not possible given the current budget limitations. March 17, 2004: Laurie expresses concern that she has "over-promised" her ability to produce the America Days Event as the community expects it to look. She communicates to the CSE by e-mail her concerns that she did not accurately represent to them her ability to produce the event under the current budget allocation of $25,000 with the inclusion of the Washington Prep .Band. Present Situation: Attached is the revised budget which Laurie sent me on March 31, reflecting a $25,000+ shortfall. She confirms that she will produce the event for the $25,000 allocated to her company, but that without additional funding, it will be a minimalist event. She has serious concerns that without additional funds, the event will not meet the expectations of the councilor the Vail community. The CSE has only $15,000 left in its entire 2004 budget and has directed that time be allocated to this discussion at their meeting on Apri120. I would welcome input from Council prior to that discussion, and will be prepared to give a report on the outcome to Council at their work session in the afternoon if so desired. C'~i';'~~ t',sii ,~;tterica C):~}; 13;.;::I~et i:«.~c;ti ~1:'4:~)t1(t~t ro .~~, Advertising/Promotion $ 2,500 Newspaper and radio promotion Vagll ~~raerica I-ays ~®®~ Est~rnated Expense ~udge~* Fireworks 15,000 Western Enterprises Event supplies 1,700 Decorations (flags, etc.) 50 Band supplies-water, lunches 1,300 Event banners 350 Operating expenses 23,600 Bands: Washington Prep 7,800 Denver Pipe Band 3,000 Mariachi Dancers 2,400 Encore Youth Singers 2,800 Addl Marching Band 2,200 Announcer sound (2) 1,800 Band lodging 3,600 Administrative, expenses 7,400 Event staff 3,300 Insurance 2,800 Management fee 1,300 Total estimated: $50,200 E~~le Valley Events, inc.. *Prepared by Laurie Asmussen and submitted to the CSE Coordinator on March 31, 2004 t:~~~-:;~3t Viii :1iT12t'tt;<t L3ti~:S Ii;i,:ltti:k 15~3a; ~ i - OQ t TEXAS '1'®WIi1Fi®iJSE ASS®C1<A'1'1®1~1 483 G®RE CREEK DRIVE VAS., C®L®RAD® 81657 ILee 11~lacCormick Edwards, Ph. D. President P® Rox 489 1Locnsg Valley, NY 1156® 516-671-8857 516-759-6247 fax ]Ledwa1234na,aol.corn Vail Town Council 75 South Frontage Rd. Vail, CO 81657 Members of the Town Council: The Texas Townhouse Association has been informed that on Apri16`~, 2004, the Town Council will be considering the Manor Vail Redevelopment plan. We would like to express our concern about the possible change of the status of the Chalet Road tennis courts. We would like to see the courts retained as a neighborhood amenity. Far from being underutilized, the courts are used during summer days and evenings by children and adults as well as by various instructors who conduct tennis camp programs there. The tennis courts are an easily maintained entity (unlike, for example, an elaborate garden or park) and they seem much more suitable to the peaceful quality of our area unlike a skateboard park, which we seriously oppose. If Manor Vail needs to have the approval of a Special Development District (SDD) to gain height requirements and thus a so-called public benefit to accompany the SDD, may we suggest that Manor Vail agree to pay for the refurbishment and upkeep of the tennis courts. The courts are certainly playable now and with Manor Vail's oversight, they could be maintained properly and be an attractive and non-intrusive entity already established in our neighborhood. Manor Vail could offer usage to their guests and to those who wish to play there, perhaps on a fee basis, to help cover maintenance. We ask that the Town Council keep us informed of the Manor Vail development scheme as it progresses. Yours sincerely, Lee MacCormick Edwards, Ph. D. President, Texas Townhouse Association cc. Jim Lamont, WHA TTHA owners r 1V1ark C Foster, Esq. 240 Milwaukee Street Denver, CO 80206 Tel: 303-321-7997 Fax:303-393-0520 markcfoster@gwest.net April 1, 2004 Town of Vail Town Council 75 So. Frontage Road Vail, CO 81657 Re: Tennis Courts -Chalet Road On behalf of Vail Trials East I am responding to the question about what to do with the tennis courts at Chalet Road. At one time a discussion occurred about retaining the courts as a neighborhood amenity with management and maintenance shared by the adjacent owners. That idea seems to have gone away although we would still support keeping the tennis courts. The idea of a community skate board park is gruesome at best. I also discussed at one time making Chalet Road a one way street with a stone entrance and significant streetscape to control traffic and encourage pedestrian use. This is still a viable idea I believe and the tennis courts could be removed and the land used for streetscape, pedestrian designs including use of the small stream that runs adjacent on the east side of the courts. An overall design incorporating improved pedestrian walks, a park like area near an entrance to the neighborhood and a one way street are ideas I would like to see considered. Vail Trails East Condominium Association strongly objects to any skate board park or play ground type area that requires management to some degree, and the land is of course an important view corridor for all of the East Village owners. I also understand the developer of Manor Vail and the Town of Vail has requested to use the courts as a construction staging area. We object to this proposed use. Even though the Recreation Department does not want to keep these tennis courts in their inventory they are frequently used and should not be a dump site while alternative ideas for future usage are discussed. I will make my self available for any discussion groups or meetings on this topic and appreciate your thoughtful considerations. Very truly yours, Vail Trails East Condominium Association Mark Foster, President 117ark C: Foster, Esq. 240 Milwaukee Street Denver, CO 80206 Tel: 303-321-7997 Fax:303-393-0520 markcfoster@gwest.net April 1, 2004 Town of Vail Town Council 75 So. Frontage Road Vail, CO 81657 Re: Tennis Courts -Chalet Road On behalf of Vail Trials East I am responding to the question about what to do with the tennis courts at Chalet Road. At one time a discussion occurred about retaining the courts as a neighborhood amenity with management and maintenance shared by the adjacent owners. That idea seems to have gone away although we would still support keeping the tennis courts. The idea of a community skate board park is gruesome at best. I also discussed at one time making Chalet Road a one way street with a stone entrance and significant streetscape to control traffic and encourage pedestrian use. This is still a viable idea I believe and the tennis courts could be removed and the land used for streetscape, pedestrian designs including use of the small stream that runs adjacent on the east side of the courts. An overall design incorporating improved pedestrian walks, a park like area near an entrance to the neighborhood and a one way street are ideas I would like to see considered. Vail Trails East Condominium Association strongly objects to any skate board park or play ground type area that requires management to some degree, and the land is of course an important view corridor for all of the East Village owners. I also understand the developer of Manor Vail and the Town of Vail has requested to use the courts as a construction staging area. We object to this proposed use. Even though the Recreation Department does not want to keep these tennis courts in their inventory they are frequently used and should not be a dump site while alternative ideas for future usage are discussed. I will make my self available for any discussion groups or meetings on this topic and appreciate your thoughtful considerations. Very tr ly yours, ~/ ~~~-- Vail Trails East Condominium Association Mark Foster, President ~~~ ; IJ~ %L ~f God TIE~~~ T®Wl~®~s~ ass®C>«T><®1~ ~®>~>E C~IEIE~ ~>~~>E ][.ee MacCoreaueck ]Edwaa~ds, P6n. ]D. 1Pa~esudent 1P°® lEi~x 4~ 1[,oeust Va9Iey,1~dY Ilfl~® ~fl6-6'7fl-88.5'7 5fl6-95~-6247 fax lLedwafl2~4@ a®Il.c®nn 3/29/04 Vail Town Council 75 South Frontage Rd. Vail, CO 81657 Members of the Town Council: The Texas Townhouse Association has been informed that on April 6`~, 2004, the Town Council will be considering the Manor Vail Redevelopment plan. We would like to express our concern about the possible change of the status of the Chalet Road tennis courts. We would like to see the courts retained as a neighborhood amenity. Far from being underutilized, the courts are used during summer days and evenings by children and adults as well as by various instructors who conduct tennis camp programs there. The tennis courts are an easily maintained entity (unlike, for example, an elaborate garden or park) and they seem much more suitable to the peaceful quality of our area unlike a skateboard park, which we seriously oppose. If Manor Vail needs to have the approval of a Special Development District (SDD) to gain height requirements and thus a so-called public benefit to accompany the SDD, may we suggest that Manor Vail agree to pay for the refurbishment and upkeep of the tennis courts. The courts are certainly playable now and with Manor Vail's oversight, they could be maintained properly and be an attractive and non-intrusive entity already established in our neighborhood. Manor Vail could offer usage to their guests and to those who wish to play there, perhaps on a fee basis, to help cover maintenance. We ask that the Town Council keep us informed of the Manor Vail development scheme as it progresses. Yours sincerely, `~ vC . Lee MacCormick wards, Ph. D. President, Texas Townhouse Association cc. Jim Lamont, V V HA TTHA owners ~~ ... ~~~a~n ~ ~®o - .. ____. .. .... ..._ ... .. .... _ 9D40 ~rowa IPo(nec Parkway . Suftc 200 ~ ~ - Atlanea, Georgia 30338 Telephone: (770) 913-39n0 ~ ' Fas: (770) 913965 7I'®: ~'®~(~ ~®UN~CYL ®F ~iiE'1~0i~N O~ V'.~I~. &ROIV1: ~ Hd R 1 FS 5. ~CIf;ER1dI~s1V ~®~~~~~: ~'o~uV'.~ CovNOia, of a~r~ 'a'or~+N o~ ~~-gL ~HON~ #: 770-913-398® ~~ ~~ 9q0-479-29,57 770-913-398 - PERS®1V~ ~AT~: ~9.PRI~, 2, 2004 YaHO~I~ #~: ## I'~G~s: 1 .~0 7~~n ~ ~®rest Oai~ 'ICo ensure ~utet e~y®yaxie~t of ~(y h®rxae gn ~'aifl, pflease fa~al~ll your pron~ses to xeniove tlhe s~o~cats from our serest. Whey are a terrible ~uisarace dnd de~vaflue our property. `~hanl~ you for your cooperation. ~har~es ~> AcJ~errrrnatn t0/~@'d S96££Z6@LL l,NddW00 '8 NdW~13~lOti 8£:£i b@0Z-z0-~Idd i= ROP~I : FAX N0. Feb. 13 2001 10:45AM P1 ~LJ .~.u.ti .~ r~w-n, ~rnv~.~ ~- ..r1~r~, The putrpose of this letter is to ca11 to the attea~tion of owners and residents of fihe affected neighborhood the importance of the Cotuncil's consideration of the Y'nafiter described above, and to stug~est, if you wish to see the terminafiion of snow-cafi use of `Nest.1~®rest Roadt., th.at~,y®u Bn_a~c®~.unicate,~!our concern .t® the T®wn Council in . advance of its hearing on the 6th. of April.... Any such c®Ynmunicatian, aright, fi~cus ®ra ~~~p~x,~ara.~~._ ®£. b:er~:®~gag. saig~nr-cat access,. fr®m. West. F®rest. Rvad . (safety,. quiet e~lovlll~n$ ®f your nronerty = Wlllcll xnav never have hPNn nncci~,lP aisirina ¢ha wq~r~~ versus the more limited ianpact of construction of a new road at a location where it can be seen ley virtually no one v-rho does not choose to be f®cused oo. it. If you wish to con~munaicate Frith the Nail Town council (with a copy fio flue ~epa~anent of Cornnsunity l~eveloprruent and Jack i~~tnax, of Mail Resorts) the required address and telecopier information is as follows: Town council of the 'g'own of Mail 75 South Frontage Itoa.~l West Nail ~® 8].657 Telecopier 1~T®. 97®.479.2157 Vafll Department of ~oanmunity Development Attention: dill Gibson 111 South Frontage road West ~'aifl CD 6,657 '%'elecopier 1110. 97®.479.2452 liar. Jack i-Iunn Mail Resorts, Inc. host ®ffi.ce box 7 'il'aiI C® 8165-®®®7 `g'clecopi.er 1Vo. 97®.Sq-5.2555 '~~. ~ ~ ~l'.GV',~t. l-f/"l~v~~. ~~ ~ [a~3^~ .~rG~ ,~1.~+Z,o~-z,~.`- C~/~:,,~ l~b'y.~,. ~J~/C[o.r~. ~L.~bC_s~ ~ -.rr'L .,~z.r~ ~Ja.~71''.. -2~ ~t .~-~/dr~/ ,., ~ ,, ~ ~ FILE No .622 04105 ' 04 1156 I D ~ F I ELD-CONTAINER-EXEC . FA~4 ~ 8479569250 PAGE l i 1 IFB~~® (~®RITABN~R C~M~AN~, ~.~ April 2, 2004 Town Council of the Town of Vail 75 S. Frontage Road West Vail, CO 81657 Sent via Telecopier No. 970-479-2157 Dear Members: Larry Ficld Chief E,~eiutivc UfNc'ri As a resident of Forest Road and in advance of the Town Council meeting on April 6`h, I would like to voice my strong position. in support of 4he relocation of the Vail Resorts Snow-Cat Access from West Forest Road. In addition to the obvious adverse effects of the Snow-Cat Access from West Forest Road such as the noise and the nuisance factor, the physical safety of our residents should be of great concern. I oppose this intrusion on our otherwise safe and serene neighborhood. The termination of snow-cat use of West Forest Road to a new road at a location where it can be seen by virtually no one would certainly seem the obvious solution to this signifiicant problem. I would appreciate your help. Very truly yo rs, 1 Larry Field 586-W West Forest Road /pm cc: Vail ®epartment Of Community ®eveiopment Attn: dill Gibson Jack Hunn Vail Resorts ISUU Nichula~ f3uulcv~rd Tel~phune Ha7.~)SE,.'i3?b !Ik CruvrVillagt, Il 6000! Facsimird Ha7.95G.93 ~U AILIL SEAS®NS ~®ND®1VIINIiJ1VI ASS®CIA'I'I®N 434 G®IZE CREEK DRIVE VAII,, C®I.,®I~AD® 81657 (970) 476-2221 (970) 476-2684 FAX ]Frederick Wyman 11, President (914) 273-3145 93 Whippoorwill Road (914) 273-5118 F'ax Armonk, NY 10504 crgfw@aol.com March 29, 2004 Vail Town Council Town of Vail 75 S. Frontage Rd. Vail, CO 81657 Dear Town Council: It has come to our attention that the Town of Vail intends to use Chalet Road as a storage area for materials and equipment for the Vail streets beautification project. While we applaud and support the streetscape project, our Association would prefer not being disturbed by having your construction materials stored next to our property and presumably preventing passage along Chalet Road. We respectfully suggest that you consider other locations that may be convenient for this purpose such as the parking lot next to the playing fields and Vail Valley Drive. Sincerely, ~ 1~~ Fre Brick Wyman II Pr sident FW:mI Vail\Town Council Chalet Rd 32904 cc: Jim Lamont, Vail Village, Via Fax: (970) 827-5856 & E-mail Lee Edwards, Texas Townhouse, Via E-mail A1L1L SEAS®NS C®NI)®Ii~IINIIJIVI ASS®C'IATI®N 434 ~®I~E ~REEI~ I)ItIVE VAII.,, C®I,®ItAD® 81657 (970) 476-2221 (970) 476-2684 FAX Frederick Wyman li, President.. (914) 273-3145 93 Whippoorwill Road ~ . ~ ~ _ (914) 273-5118 Fax Armonk,lV,' 10504 ~ ~ ~ ' crgfw@aoLcom Vail Town Council Town of Vail 75 S. Frontage Rd. Vail, CO 81657 March 29, 2004 Dear Town Council: The All Seasons Condominium Association has been concerned for years with the traffic on Vail Valley Drive in the vicinity of the Golden Peak ski facility and ski school building (see attached letters). During peak times, primarily on Saturday and Sunday, the whole area is severely congested with traffic backed up as far as one can see. There are no traffic enforcement officers to direct traffic and frankly chaos reigns. Compounding this traffic morass is the valet parking with cars being shuttled back and forth. It is interesting to note that apparently Manor Vail seemingly runs daily transient parking which only adds to the congestion. We respectfully request that you develop a plan to alleviate the excessive amount of traffic funneled into our neighborhood. When the Golden Peak structure was approved the neighborhood was told there would be no transient parking there. The reality is that the valet parking results in the same thing, lots of cars driving to the mountain. This is not possible at either the Lion's Head or Vista Bahn portals to the mountain. Why here? A tangential but equally important concern is pedestrian safety while crossing Vail Valley Drive in the direction of the mountain. We specifically requested a pedestrian cross walk sign or area be created in the vicinity of Chalet Road and the Golden Peak structure for the past four or five years. The Town Council and the Planning Department have not seen fit to respond to our Association's request. We wonder what you are waiting for. Will it take the maiming or death of a child running the gauntlet of never ending speeding cars to spur you into action. FW:mI Vail\Town Council Vail Valley Dr. 32904 Si~ e , ~~v Fre rick yman II Pre ident cc: Vail Village Homeowners Assoc. (with enclosures) AILIL SIEAS®I~1S ~~1~1I)®l~1II~tIgTl~ ASS®~CIATI~Pd 434 GORE tCI~EIC I~ItIVE VAIIL, C®~,®I~AID® 8fl657 (97®) 476-222fl ~~7~) 496-2684 FA% Frederick Wyman I1,1President 93 Whippoorwill Road Armonk, I~I~ 10504 (914) 273-3145 (914) 273-5118 Fax February 28, 2003 Mayor Ludwig Kurz & Town Council Town of Vail 75 S. Frontage Rd. Vaii, CO 81657 Dear Ludwig: The traffic on Gore Creek Drive continues to get heavier every year making it more and more exciting and dangerous to cross the street from the All Seasons parking lot to the Golden Peak base facility. I have noted with interest that drivers refuse to give way to pedestrians leaving those of us a foot to dodge numerous vehicles in order to cross the street. On behalf of the residents of All Seasons Condominium Association as well as all the people that trespass through our parking lot to access the mountain as a result of the Towns use of the road adjacent to our parking lot as a snow dumping area, I respectfully request that the Town install pedestrian cross walk signs before someone gets run over. I consider this to be a serious safety issue and your prompt attention to this matter would be appreciated. Sincerely, Frederick Wyman II President FW:mI Vail\Kurz Pad Crossing Apri13, 2001 Mayor Ludwig Kurz Town of Vail 75 S. Frontage Road Vail, rQ ~ 1657 Dear Ludwig: As always it was good to see you when I was in Vail At the All Seasons Annual Meeting it was pointed out that there is a lot of pedestrian traffic traveling through the All Seasons parking lot and then crossing Vail Valley Drive to get to Golden Peak. While the Association doesn't particularly have an issue with people utilizing our parking lot as a short cut, we are concerned with the number of people crossing the street with all of the vehicular traffic. We were wondering if a pedestrian crossing sign should be placed there so that we needn't worry about being mowed down by all the cars. It was also noted that daily transient parking is being advertised at the parking structure at Golden Peak. We were under the impression that transient parking was not permitted there. Please ask your code enforcement officer to look into this. Look forward to seeing you in July and watching you march in the parade. Hopefully Jolu~ny t~~i':l show us urher~ 1-:e caches ail those trout. Regards, Frederick Wyman II FW:mI Vai1~ICurr. Pedestrian 4301 bcc: Jim Lamont AI[.1L SI~AS~NS ~®riY-®MINIQJM ASS®CflAT'I®N ~3~ CItE~K D ~YA~.,, eC~I,®ItAD® $159 Q~7®D ~96=122fl Q~7®~ ~9~-26g~ ~'A% I~"a°e~9er6~Aa wyan~ IIII, ]~a'es3~e~rt ~3 whtpp~~et8 aaD An°sn®199, ~ 8®5®~ Mr. Ludwig I{urz, Mayor Members of the Town Council Town of Mail 75 S. l~ronta$e Road Mail, ~®g 1659 RE: Ski Club Mail Redevelopment Plan November 29, 1999 dear Mayor Kurz and Members of the Town Council: (9Il4) ~9~Il~ (9Il4) ~9~Ilfl~ ~'ag The board of the All Seasons Condominium Association is concerned with any redevelopment plan that may bring additional traffic into the Golden Peak Ski Basin area and while we are not intimately familiar with the specific issues regarding this proposal we strongly recommend that a comprehensive trai~ic study be initiated for the entire Golden Peak Ski Basin area before any plan is adopted. P~l:ml Vaill3hi Club Vall Redevelopmert cc: All Seasons Condominium Association Bast Mail ~/illage ~Iomeowners Assoc. Ramshonn Resp lly yours, .iv.---- `"~ Fr Brick Wym gI esident Texas Townhouses Mail Trails East `/ail Trails west AILIL. S1EAS®l~dS ~®IVl9®M 1!~ ASS®C~A'Il'g®N 434 ~®l~ C'~EI~ -) ~VAlCL9 C®L®1[tAl)®1~fl659 X990) 476-222Il Q99®) 496m261I4 FAQ F~dentck W~~ Ili, I~restdeu~t ~3 9pp~a^wdLIl Rid Aa~enamnl~, ~f fl05®~ November 29, 1999 Mr. Ludwig T.Curz, Mayor Members of the Town Council 'M'own of `fail '~5 S. Frontage ~d. Vail, ~® >~16~7 ItE: Chalet Load -Valet Parking Dear Mayor Kurz and Members of the Town Council: (9fl~) 293-3fl43 (9fl4) 273-SflY~ F~ The Board of the All Seasons Condominium Association vehemently objects to the introduction of any additional parking in the Golden Peak Ski Basin area. ~Ie were told several years ago when the Town of Vail and Vail Resorts wanted to build a new facility including underground parking at Golden Peak that there was going to be no surface parking temporary or otherwise. Subsequently the Town permitted the use of short-term parking in order to facilitate the ill-conceived valet parking program. The valet parking at Golden Peak has only contributed to the akeady horrendous traffic conditions in the area. The Board of All Seasons respectfully suggests that instead of the valet parking program that the 'd'own Council consider using only mass transit to bring people to the Golden Peak Ski Portal. It makes more sense to have people park their cars at the Ford Parking lot and be transferred by bus to Golden Peak than to have all of the attendant tragic that comes with skiers accessing the mountain through the Valet Parking system in addition to all the other traffic created by the Children's Ski School Center and Ski Club Vail. r .- ~ Vehicular traffic is not permitted in either of the other two ski portals in Vail and should be actively discouraged at Bolden Peak. The concept of using Chalet Road for valet parking is a stillborn idea that will only make a bad situation worse. We strongly recommend that a comprehensive traffic study be initiated for the entire ~aolden Peak ski basin area before any plan is adopted. Respect lly yours, Fr Brick Wyma II Pr sident IFW:mfl v$u~x~Z v~o~ r~$ cc: All seasons Condominium Association fast Vail Village homeowners Association, lnc. Ramshorn Texas Townhouses Vail Trails least Vail Trails West AI..ILSli';A~~I~1S C®1~1D®I~Il~IITM ASS~CIATI®N 434 ~® ~CfltIEEIC I~lt]iV1E VAIIt,, ~®IJ®I~~O 8fl657 (970)476-564fl (97®) 476-047® F~ Frederick Wyttean ]],]'resident 93 Wtiippoorwill ][toad Armonk,l~ 10504 (914)273-3145 (914) 273-51 fl 8 Fax TO: VAIL TOWN COUNCIL FROM: ALL SEASONS CONDOMINIUM ASSOC. (Fred Wyman Pres.) DATE: 1/1/98 RE: TRAFFIC CONTROL AND PARKING ISSUES GOLDEN PEAK The All Seasons Condominium Association Board supports the position outlined in the East Village Homeowners Association, Inc. memo to Mayor Rob Ford and Town Council Members dated 1/30/98. The All Seasons parking lot has been used not only as a pedestrian access way to the Golden Peak Ski Facility but also as a skier drop off area. The incidence of illegal parking in our lot has increased and people wanting to use our lot are frequently vandalizing our gate. We encourage the Town Council and Vail Associates to take whatever actions are necessary to relieve the neighborhood surrounding Golden Peak of these traffic and parking issues. CC: East village Homeowners Assoc. Chritiania Inc. 14AR-29-04 MON 19:25 L EDWARDS 3034799527 /`~ ~ a ~ ~/ ~ ~G ~"0 c,~l /v .- G•® tit !t! c.~~.. f ~~~ ~'1E~~ T®Wl~®~rsiE X35®~>I~'Ti<~Rl 4~ G®~ii+ ~~RIE~ DR}I~tE ~AlIIL9 C®IL®ISA1D®8A~s9 il/~Q~i i.~~Co~~l~l~ ]Edwards, i~P40 Ilya ~A'eSideQl~ ~® ~Q87K 1l.e~ussa galley, ~~ ]1Ils6® ~1«9~~-t52417 fay ,~~@aol cone 3/29/04, Vail Town Council 75 South ]Frontage Rd. Jail, ~ 8.1657 iVlembers of the Town Council: Pe 01 The'I'exas'i('ownhouse ,~,ssociation~has been informed that on AprjJ 6'~, ~t~D4, the Town Council will be considering the R~a~aor fail Redevelopment plan. VVe would like to express our cot~cera~ about the possible change of the status of the Chalet Road tennis courts. ale would like tv see the courts retained as a neighborhood amenity, Far from being underutilized,.the courts are used during summer days and evenings by childeen and adults as well as by various instructors who conduct tennis camp programs there. 'The tennis eourls are art easily maintained entity (unlike, for example, an elaborate garden or park) and they seem much more suitable to the peaceful qualify of our azea unlike a skateboard park, which we seriously oppose, 1[f Il4anor fail rteeda to have the approval oI' a Special 13evelopruegt district (3®l>) to gain height requirements and thus a so~alled public benefit to accompany the SDI), may we suggest that Il~aiaor Mail agree to pay for the refurbishment altd upkeep of the tennis courts. The courts are certainly payable now and weth IMaator Mail's oversight, they could be maintained properly and be an attaactive and rton-itttrusive entity already established in our neighborhood. Manor Jail could offer usage to their guests and to those who wish to play there, perhaps on a fee basis, to help cower maintenance. ~Ve ask that the'I'own Council keep us informed of the ~agor Jail development scheme as it progresses. ~four~sirtcerely~, ~. ~ ]L,ee l~i(acCormic ]Edwards, Ph. D. ]President, 'T'exas Townhouse Association cc..VitrA ]Lamont, RI~l4$A '~'~ owrtera March 10, 2004 Dear Community Leader, This letter serves as Colorado Parks and Recreation Association's formal request to you to contact your state legislators and ask them not to reduce General Fund support to Colorado State Parks, and to continue funding State Parks' operating budget at its current level. On March 1, the Joint Budget Committee of the Colorado General Assembly recommended a 50% reduction in General Fund support to the operating budget of Colorado State Parks. Unfortunately, the agency cannot undergo a budget reduction of this magnitude without some combination of partial and complete park closures. flJaHder this proposed l~andget cant sceaaario, aolorado State IEDarlcs evoaald be $'orced close at lcast fl® parks 2-3 days a wcek, affil coarnpletely close at least fl0 additioaaal parrs. Over the past two years, the State Parks operating budget funded by Colorado's General Fund was reduced by 30%. These previous reductions required State Parks to close management offices and lay off full-time and seasonal employees, and forced State Parks to increase user fees and to drastically reduce discounts for senior citizens. Currently, State Parks receives only .0034% of the State General Fund. gan essemce, Colorado State lParlcs ra'ccivcs ,panst oiler 5® cents iaa ~cneral Fannd saapport per visitor per year. This is a very small amount to pay for a public program that serves 11 million visitors per year. In 2003, Colorado State Parks ranked fifth lowest nationwide in general fund support among state parks systems that receive general fund dollars. Colorado State Parks have a huge impact on both the local and statewide levels, providing an estimated $200 million in economic expenditures within communities in a 50-mile radius of the parks. Visitors to the parks stay in your communities longer, resulting in a boost to local businesses and in substantial support to the tourism industry around Colorado. .~ In addition to economic benefits, Colorado State Parks provide a safe, clean and affordable destination for us all. They promote a healthy quality of life through quality facilities, clean campgrounds, scenic landscapes, lakes and reservoirs and maintained trails. They generate pride and bring about community involvement through service and volunteer projects. We cannot let these valuable resources fall by the wayside. The Colorado Parks and Recreation Association is asking you to take immediate action. In this packet you will fmd the following information: 1. A listing of the State Parks that would be affected by General Fund budget cuts, and a description of the negative impacts that will take place at these parks. 2. Facts and bullet points that you can use to craft your call to action to your state legislators. 3. Contact information for legislative representatives in your area and the members of the Joint Budget Committee. Please write a letter, send an email, or make a phone call to state legislators in your area, urging them to stop these cuts. With your help, we prevent parks from closing and halt the slow degeneration of Colorado's world-renowned outdoor recreation opportunities and experiences. ®UIlQ' nn~-gent ~~~ll®IlIl llS eS5~691~ll~~. The committee will make a fmal budget decision by the middle of March. If we all work together, we can take an active role in preserving Colorado State Parks and the benefits they provide to the people of this state. Sincerely, ~~~°~~~°~ ~o ~~~~tt~~ Barbara M. Wisney, Director Colorado Parks and Recreation Association Colorado State Parks operates 40 state parks, all of which are open to the public seven days a week. Three parks (Cheyenne Mountain, Lone Mesa, and Staunton) are currently under development. If cuts are made to State Parks' General Fund support, many parks could face a significant reduction in full-time staff, seasonal staff, and days of operation. park potential impact of General Fund cut Arkansas Headwaters Park closed 2-3 days a week Barr Lake Partial or full closure of park Bonny Park closed 2-3 days a week Cheyenne Mountain Development delayed Crawford Partial or full closure of park Harvey Gap Partial or full closure of park Jackson Lake Park closed 2-3 days a week John Martin Park closed 2-3 days a week Lathrop Park closed 2-3 days a week Lone Mesa Development delayed Lory Partial or full closure of park Mancos Partial or full closure of park Mueller Park closed 2-3 days a week Navajo Park closed 2-3 days a week North Sterling Park closed 2-3 days a week Paonia Partial or full closure of park Roxborough Partial or full closure of park San Luis Partial or full closure of park Spinney Partial or full closure of park St. Vrain Park closed 2-3 days a week Stagecoach Partial or full closure of park State Forest Park closed 2-3 days a week Staunton Development delayed Sweitzer Partial or full closure of park Trinidad Park closed 2=3 days a week Vega Park closed 2-3 days a week A. ECOfVOMIC BENEFITS OF STATE PAR6CS Our nearby State Park plays a vital role in our local economy and any funding cuts would undermine our efforts to keep our local economy strong. The park plays a key role in attracting tourists, and their subsequent spending, to our area. These tourist dollars are spent at local businesses supporting activities in the park. Purchases like gasoline, food, supplies and clothing. If the parks are not funded and no longer maintained, negative word of mouth experiences will cause visitation and revenues to decrease. State Parks generates revenue within the surrounding communities -Colorado State Parks generate an estimated $200 million in economic expenditures within local communities. Visitors to parks stay in the community longer, take advantage of local business and support the tourism industry around the state. The largest travel market in Colorado is the VFR group-visiting friends and relatives. They spend a lot of money in our State Parks for their outdoor recreation activities in Colorado. But, State Parks offer more than just recreational opportunities for visiting family and friends. Due to the construction of visitor centers and meeting facilities, the parks can be used and enjoyed year round. Each of our State Parks is an important marketing tool for our CVB. We market the park and its activities and facilities not only to the leisure traveler and outdoor enthusiast, but to the tour group planner for bus tours and to the meeting planner as a meeting and reception venue. We also market park activities and facilities to local and regional civic organizations and school groups. B. COiNiMURIITY BERIEFITS OF STATE PAR6CS Recreation is the biggest contributing factor to creating strong and supportive families. Colorado State Parks provide a safe, clean, affordable and friendly atmosphere for families to enjoy outdoor recreation. Shared leisure activities are essential for building and maintaining a strong, healthy relationship between parents and children. Recreational opportunities, proximity to open space and quality of recreational facilities are vital components to a positive feeling towards the quality of one's life. Colorado State Parks provide the services, facilities and features necessary for maintaining and improving our quality of life. Colorado State Parks promote healthy lifestyles through maintained trails, ADA accessible facilities and a variety of outdoor educational programs. Meaningful outdoor reaction is commonly understood as the basis of a healthy lifestyle. Colorado State Parks provides that avenue. Communities with strong outdoor recreational components are sought after places to live, providing residence with a source of community pride. When deciding where to relocate, buy a first home or retire, prospective residents look to the outdoor pursuits in close proximity to the community. Colorado State Parks host events and special programs that promote community awareness of the outdoors, as well as a place to interact with fellow members of the community. State Parks provides wonderful opportunities for community involvement. C. PERSONAL BENEFITS OF STATE PARKS In Colorado, our residents understand and highly value the benefits of recreation. However, if State Park services are reduced and areas closed there will be no other outlet will that will replace the lost benefits of recreation. Try to tell hikers they cannot hike, or boaters that they cannot boat, or anglers that they can no longer fish, and the value of lost recreation becomes clear. Colorado has a proud heritage of providing State Parks that truly offers a richer environment for our residents. The value of that scenery to the collective health of any community in Colorado should not be underestimated. People admire a good view, a marvelous sunset, a glistening lake, a sky full of stars, a flock of birds on the wind and any number of outdoor scenes. Coloradoans chose their best places for their State Parks because they have felt themselves to be at their best in them. The ancient phrase 'pursuit of happiness' has always meant a search for a condition more truly human, more largely fulfilled and we have selected as State Parks, places where we do, indeed, pursue that kind of happiness - no undifferentiated glee, no frolicking foolishness -but happiness. For our organization's members and their families, we feel recreation is not only for the time. Recreation is forever afterward. Each person has his memory chest. Walking has become the most popular form of physical activity in the United States. A walk in a State Park is one of our finest cultural opportunities, a value that Coloradans expect to find available near their community. People who cannot accommodate their recreational urge by walking may bike, boat, camp, ride a horse, play golf, hunt or fish their way to satisfaction. People seek these experiences to relieve tension, to gain fitness and to simply enjoy the scenery. D. ENVIRONRIIENTAL BENEFITS OF STATE PARKS Large tracts of open space that also feature recreational amenities are the realm of State Parks. Our State Parks offer more land than local parks, but unlike most national parks, are close enough to home for anyone who seeks convenient recreation. While maintaining statewide appeal, state parks can still accommodate the specific demands of our local communities throughout the state. Colorado State Parks conserve the natural resources that define Colorado's diverse landscape. They provide clean and safe facilities for people of all walks of life to experience and learn about nature and wildlife native to this state. We must stress that our state parks are important because of what they teach us about ourselves; then perhaps our children will understand and treasure them. Providing and preserving state parks and open space enhance the desirability of an area as well as contribute to the safety and health of the state's inhabitants. State parks offer beautiful scenery, clean air pleasant surroundings, tranquility and other aesthetic qualities that help balance the stress of everyday life. Even non-users can enjoy a state park's beauty as a distant view or while driving past it. a ~~~>t~~ixnnn~ ~®nnn• ~e~nsll~~®>rs IPaonia State )Park is located in Gunnison County, and lies within Colorado House District 61 and Senate District 5. The legislators for Gunnison County can be contacted at the following addresses. lEIloease IIDistriet 6Il: ')('he lEl(on. Gregg ][tiPPy Coflorado State Capitofl: 200 E. Colfax, Room 271 Denver, CO 80203 Phone: 303-866-2945 E-Mail: grippy~mindsprin~.com ]E><oene: PO Box 2946 Glenwood Springs, CO 81602 Phone: 970-945-7731 Fax: 970-945-5212 Denver phone: 720-904-5212 Senate )(District 5: '1('he >El[on. 1Lewris lEntz Colorado State CapitoIl: 200 E. Colfax Denver, CO 80203 Phone: 303-866-4871 Fax: 303-866-2012 E-mail: lewis.entz. senate~state.co.us lEIloanne: 1016 N 11 Ln. Hooper, CO 81136 Phone: 719-754-3750 Fax: 719-754-2430 You might also be interested in contacting the members of the Joint Budget Committee (JBC), the General Assembly's permanent fiscal and budget review agency. Statutes charge the Joint Budget Committee with analyzing the management, operations, programs, and fiscal needs of the departments of state government. The JBC writes the annual appropriations bill -called the Long Bill -for the operations of state government. The JBC members can be contacted at: '1('he IEIlo~n. )(Dave ~we® (Senate IlDistrict Il3) Cofloracflo State Capitol: 200 E. 14th Ave 3rd Floor Denver, CO 80203 Phone: 303-866-2586 Fax: 970-330-9600 IfIlonne: 2722 Buena Vista Dr. Greeley, CO 80634 Phone: 970-330-9600 'Tine lEIlon. 'To>gn 1Pflamt (House )(District Il3) Coflorado State CapitoIl: 200 E. 14th Ave 3rd Floor Denver, CO 80203 Phone: 303-866-2587 E-Mail: tom.plant.house(r,~ tate.co.us lfIlonne: PO Box 148 Nederland, CO 80466 Phone: 303-642-3707 ~' 'fl'lne gflon. ]Peggy ]beeves (Senate gDistrict fl4) Colorado State Capitol: flgome: 200 E. 14th Ave 3rd Floor 1931 Sandalwood Lane Denver, CO 80203 Fort Collins, CO 80526 Phone: 303-866-4841 Phone: 970-482-8952 Fax: 303-866-4543 E-Mail: pe~~y.reeves.senate~u state.co.us 'fl'tne ]Egos. loon 'fl'eck (Senate g~istrict '~) Colorado State Capitol: ggome: 200 E. 14th Ave 3rd Floor 627 Broken Spoke Rd. Denver, CO 80203 Grand Junction, CO 81504 Phone: 303-866-3077 Phone: 970-243-8947 Fax: 303-866-2012 E-Mail: ron.teck.senate ~rstate.co.us ~'lne ggon..flolnn ~itwer (ggoarse gflistrnet 25) Colorado State Capitol: ggome: 200 E. 14th Ave 3rd Floor PO Box 2167 Denver, CO 80203 Evergreen, CO 80437 Phone: 303-866-2582 Phone: 303-674-0219 E-Mail: iohn.witwer.house cnistate.co.us ~'lne ]Egon. brad young (lEgouse fl)istrict 64) Colorado State Capitol: g3[ome: 200 E. 14th Ave, 3rd Floor 7 Lake Rd. Denver, CO 80203 Lamar, CO 81052 Phone: 303-866-2581 Phone: 719-336-7967 E-Mail: bradyoung64(c~,cenharytel.net '~14K ~r Aspen-retailers horn between rich base, frugal youth ASPEN FROM PAGE 1K -Just two yeazs ago, the famed 24 Hours of Aspen ski race, sponsored by Audi, was the signature event in Aspen, drawing crowds capable of buying $50,000 Audis. Last fall, Audi backed out, and the SkiCo switched gears. It threw a rollicking Thanksjibbing Week- end, with new-school snowriders Aiding down handrails and sliding up and across a 32-foot steel wall hammered into the snow. More than 4,000 people packed the town. :: ".We are absolutely trying to em- ploy ayouthful attitude," says Dav- id.Perry,.the 49-year-old SkiCo ex- ecutive who previously helped re- build the bankrupt Whistler-Black- comb resort into the most popular ski. resort in North America. "If we've got a positive, forwazd-think- ing, youthful attitude, other things just happen." .Things like city council-support- ed concerts on closed streets in downtown Aspen; like opening hy- per-steep ski terrain that was closed for decades at both Snow- mass and Aspen Highlands ski az- eas;,like replacing World Cup rac- es with "big air" jumping contests and rail-riding. "Aspen is looking for a new ener- gy,in anew time," says Othello Clark, the dreadlocked competi- tive snowboarder who is bringing his wildly successful Aspen skate- board camps to Aspen Mountain with daily rail-sliding clinics. The fattest jewel in Aspen's new-school crown is securing ESPN's Winter X Games through 2007. The games -featuring a carnival of gravity-fighting ath- letes on skis, snowboards, sno~gmo- biles and motorcycles -pump $10 million to $15 million into the town's economy each year. The event drew 50,000 visitors eazlier this season. Aspen's city council agreed last month to contribute $100,000 a year to secure the X Games. The SkiCo is contributing exponentially more. and Gifts. "Only so many people can afford to pay $1,000 for a pair of pants. When I moved here, town was funky. Now, there's boarded-up shops, real-estate offices every- where and chain stores. All they really want is to put the name As- pen on their paper bags. Rents here are putting the small business- es, the mom-and-pops, out of busi- ness." THE DENVER POST ' .; ~ i. , ~ ~.~ ~ r „ ~. r ~_ ~-~ .{~. _~ i ~ ~~ t x r y~ ~r ~, r , ~ . rI - f ~ ~ ~` ' ~ _.._ /~ _ ,` ~ ~- '~ `~ ~~: s' ~'~`1 ` ~ , r "i 4 2nd homes drive economy ~ d, ' The key to Aspen's economy is f~ d the richest of the nation's rich, a . j those few. barons who can afford _ - $3 million for a vacation house they may tear down. "We as a community, sometimes - _M forget ~ the impact of the sec- ~ Special tome Denver Post I Ed Kosmicki and-home owner, and that's where Fur-clad women stroll on the plaza in Aspen near a trio of young .our economy is growing," says Pev- skiers. Aspien's evolution from well-heeled enclave to youth mecca ny, the chamber official, noting has come with a price, which the town's ailing retailers are paying. that second-home owners also are major contributors. to Aspen's ro- carries the valley's market, with bust coterie of charities. , 77 home sales and 158 condo sales Those buyers pump millions into accounting for $442 million in the city's coffers in the form of a, sales last year. The average home real-estate transfer tax. Those tax- price in Aspen topped anall-time es, which are estimated at $5.46 high of $4 million last year, and million for 2003, fund the city's the price of the average homesite. housing program as well as func- climbed to more than $2 million. lions at the city-owned Wheeler Op- era House Big-name developers like Hyatt . . While they make the town run, and Starwood are pumping hun- dreds of millions of dollars into second-home buyers have forced four new time-share projects, real-estate prices so high that 1o- known as "fractional vacation own- cal workers have spent the past de- ' ership opportunities," marking the fleeing to cheaper confines cade largest' development boom in As- downvalley. Towns like Basalt, pen in decades. Carbondale and EI Jebel have felt growing pains from the Aspen exo- These new projects, with dus, with real-estate prices in four-week time shares costing up those towns climbing. A_: tnedi- to $1 million, are romisin to in- f p g an-priced home in Basalt, 20 miles ]ect a steady stream of deep-pock- ' northwest of Aspen, reached a eted visitors onto Aspen s streets. record $416,000 last yeaz. One long-time hotelier thinks Aspen's second-home owners that will boost the city's retail for- stoke areal-estate bonfire that has tunes. raged for three decades, making "I think the advent of fractional Aspen the second-priciest market projects in Aspen will have a in the country after New York strong positive impact on the re- City. tail business here," says Richard ,Sales in the Roaring Fork Valley.. . McLennan, general manager of the topped $850 million in 2003, up : .luxurious St. Regis Aspen hotel, from $768 million in 2002. Aspen which'ivill spend $38 million this summer to convert 98 rooms into 24 time-share condos and build a 15,000 square-foot European spa. So, as the old wisecrack asks on T-shirts hanging in shops along the city's increasingly lonely pedestri- an mall, "How's your Aspen?" "There is a ton of change right now, and everyone is trying to un- derstand it," says Jce Nevin, a lo- cal ski instructor who teaches ag- ing baby boomers to master ski moguls using very short skis. "There are a lot of things up in the air right now in Aspen, and every- one is wondering what it's going to look like.when it all comes down." ;-~ Sunday, February backs eas.~n~ ~f ~est~~c~~®~s By Jason Blevins Denver Post Business Writer ASPEN -Loosening Aspen's rig- id commercial codes could help breathe new life into the city's lan- guishing retail center. But the City Council says it must consider the results of a $70,000 consultant's study before making any changes to the codes. That riles struggling retailers who say they need action now. "In the last three years, there has been a definite feeling that something has got to change, and we need that change soon," says Bronwyn • Anglin, owner of Funky Mountain Threads, which features the work of several dozen local art- ists. "We need to allow retailers the freedom to express them- selves. We are stagnating." . Describing Aspen's retail center as an "embalmed downtown," Den- ver-based BBC Research & Consult- ing said the town's strict growth regulations and tough regulations about signs and street-side eating and drinking have hindered retail- ers' ability to react to market de- mands. Following a series of workshops with town officials and retailers; BBC distributed a comprehensive report that detailed a loss of vi-, brancy, the loss of unique stores, a dwindling supply of entertainment venues and the overall impact of escalating rents. Growth restrictions have virtual- ly nixed all new commercial devel- opment, leaving existing landlords in the driver's seat with an ability to push rents up again and again, the consultants wrote in a study commissioned by the City Council. "At this point, any change, all of which will ultimately face a self-regulatory market test, will be a breath of fresh air," the reseazch- ers concluded. ' "The greatest challenge facing `'< the community ... will be in find ing the confidence to allow change to occur and accepting the risk' that some of what .exists will be lost," the researchers wrote. Among the recommendations: ® Relax restrictions on signs and merchandise on the downtown pedestrian mall. ®Limit .non-retail shops, like real estate offices, on the ground floor of the mall. ® Increase nighttime lighting. ® Lift bans on outdoor dining and drinking. Aspen's community development director, Julie Ann Woods, had lob- bied for some of those changes well before the report was issued. She says forbidding signs on the mall, for example, "lends itself to amore bland commercial environ- went. "Many of these regulations were created with good intentions, but they haven't worked right," she said. "Some changes could certain- ly bring a little more life to down- town." Aspen Mayor Helen ffianderud said the city needs to "look at whether some of our regulations have ossified the town to some ex-. tent." Retail is a naturally cyclical business, with shops closing and opening with frequency, so Aspen is hardly alone id its lament. The nation's soft economy has slowed consumer spending in general, and resort towns have felt the spending pinch become a punch, as resort vacationers change their spending habits. Blows to budgets and bottom lines have galvanized Aspen's re- sort community. The Aspen Skiing Co., the local chamber, the city and the lodging community all have joined in a united marketing: front. ; _ - .. ~. .. Even with the'strength of the lux- nry chain'stores;`Aspen's sales tax revenue has fallen from $3.80 mil- lion in 1998 to $3.68 million in 2002". Estimates for 2003 show con- tinuing decline, with sales tax reve- nue :expected to fall to around _ $3.42 million. Still, Aspen leads the ! state in gross retail sales among resort communities, with.Vail and Steamboat Springs close behind. But statistical declines are sec- . ondary to what many retailers see as Aspen "losing its soul." "For those who must peddle thou- sands of pizza slices a month to make rent, or who moved to Aspen years ago to be a part of a funky conimumty, nothing's easy. :"It's do-or-die time," says. Shae Singer, who has been in business in Aspe~u for 18 years ~itd owns the pooch'~friendly Living'a Dog's Life in Aspen. 'and .Sashae Floral Arts Country club to playground In this city of 5,900,people,;imag"T es of movie:stars, ;$Zb million cas tles and'..over-the-top opulence ae fading.`, Their replacements:. local ski stars; $3 burritos -.and over= the-terrain park'bravado. Aspen's evolution into a youth mecca began on a cloudless Sun- day in April 2001, when SkiCa chieftains welcomed hordes of snowboarders to Aspen Mountain. _ Dropping the ban on single-plank: ers at the city's namesake hill was the bellwether in Aspen's shift from quiet-by-design country club to a playground open to all comers - at least all comers with $68 for> a lift ticket. - o SEE ASPEN ON 14K Offering hope: Changes in Aspen's; strict commercial codes could ' - reverse retailers' fortunes. 94a ,. -°1'uis is really growing our: pipe- ._~ line of visitors. We are able toasell '~- Aspen to a whole new audience ~~' says Hana Pevny, president of:the>: ~~. \ Aspen .Chamber Resort Associa - ti`on.. Dozens of community leaders across the city call the marriage - ;¢ " ,~; of;Aspen and the X Games a per- fect fit. ~ 1~ DENVER POST /Section `LS _ . But. X-Lamers and the crowd g ~. .~ ,~~,+ ~ ,,~4 ;~ ~ they draw are not the typical - free-spending visitors who fill the town's cash registers. By compari- son, the 5,000 visitors to Aspen's annual Food & Wine confab. every summer inject up to $30 million into town coffers. Aspen officials are hoping that they -can maintain the Food & Wine crowd while also.building'the next generation of Aspen visitors, nose rings and all. Young X-Game visitors may buy a $200-a-night hotel room with a parent's credit card, but they'll pack the room and eat take-out Mc- Donald's. "We need to infuse Aspen with a i new energy," says Amy Gordon, owner of the Aspen Collections store for the past 20 years. She and her, husband are having a "retire- - ment sale" and shutting down the ~- antique furniture store. -"We really are at a crossroads I here." Sales 4ax revenue Oakes flit Catering to the: rich and glamor- ' ous is an easy:' ;:path. Sell one $10;000 dress;,:and; there's a month's rent: The`high-end retail chain stores than arrived in Aspen about six years ago = such as Christian I Dioi; -Gucci 'and .Louis Vuitton - i are .posting strong gains this sea- son.. ' "We are. the only high-end resort in"the world with luxury retailers. It's• what makes ,Aspen unique; says :'the manager- of one luxury I store; who cited company policy in requesting anonymity. "Yes, there are.' growing pains in the retail community, but the luxury retail- . ers':aren't.necessarily feeling those pains." tomes _ ~ ~...5 . -, ' shops torn betweer%= . wealthy and frugal. t By Jason Blevins ` ~ . Denver Post Business Writer _ .ASPEN -One of the world's wealthiest enclaves is in the throes i of a midlife crisis. ' ~ ~ ~• Aspen, a graying, groomed re= sort for the well-heeled, has begun ; to lure a whimsical new genera- tion of clients, and Glitter Gulch. 4 . retailers say, they are stretched ~ . thin trying to cater to the paradox.- Realtors peddling houses at au i average sale price of $4 million are still celebrating. And adven= tore-hunting hipsters, answering Aspen Skiing Co.'s siren call for i snowriders at its four ski moon- tains, are rallying. ~ ` But Aspen's shopkeepers and res- . taurateurs, torn between the court, ship of both the mega-rich and the j frugal, are suffering. Commercial rents in Aspen are. the highest in the state, about $120 per square foot in annual rent;. ' compared with $25. to $35 per square foot in Boulder's .,Pearl Street shopping district. Merchants say the high rents keep them from adjusting to meet the desires b~ their changing customer base. ~ The situation in Aspen's retait core is so desperate that aconsult- ~ ant hired by the city described i1e ; ` as "an embalmed downtown." In recent years, more than a doz. i' en of Aspen's most august shops 'and restaurants have shut down- !~ The 117-year-old Aspen Drug store .. •: ~;.~ - built to supply soot-faced.min~ r :•; ers who spilled into town from the' : - i~ - Midnight and Smuggler mines became an office that sells time ~ Hours of Aspen ski race, sponsored., ' tiQn ' w.. ~ - -- by-.~udi`was the signature event in,, ,~~~, of `community- leaders :Aspen; drawmg..crowds capable of across the .city ?call the _ marriage {baying $50,000=Audis ~ . ' " ~ ` o1~Aspen and the X Games a per; r{; T,ast fall, Aadi.:backed i out, and; `' .feet fit ;~ 4:th~~SkiCo svu~tnhed, gears -,It threw ~ { `~°~But`: X=Lamers and `.the crowd , a;;rollickuig Thanks~ibbing Week- ~ r eiid,-with new school;snownders: } , fey P aw ~ e_ :not the` typical- - ~gt~diiig ,down handrails, and sliding, ' town s cash registers By co pane::;. up,and across a 32 foot .steel wall 3 ~ sqn, the 5,000 "visitors to Aspen':.`s,;` Yia~xnered into,'the snow. More ~ x• annuaLFood &=Wine confab every; " tlau.4,000 people packed .the town:., i ' ;simmer inject upt to; ~$30 million; ~ ~~~".9ae are absolutely trying to em-, into town coffers. i ploy a youthfal attitude," says Dav •: ' ' ' ; idPerry,-the 49 year-o1d;SkiCo ex=: a , ~ `Asp"en: officials` are hoping that,j they can- maintain •the :Food.;.&', ecutive who previously helped re- ~ build the bankrupt WWstler-Black- , ' Wine crowd whfle also'liuilding the ' r ~ -.~... ~-,.: ~ neitt generation of Aspen.. visitors, ~ ~• eclmb.resort'into;the most,popular ` ski resort in `North America •"If .we've got a positive, forward-ttiink- ingf,youthful attitude, other things ' jiis~. happen " ' `~ ' ~, ;Fhings, like city. council=support- ed concerts on,'~ closed ~ streets ui dawntown• Aspen; ,like opening .ly> ` Rte' steep s1u- .terrain-:ythat 'was " dosed-for. decades at.tioth Snow= masg and .Aspen, Tiighlands ski ar- . ens, like ;replacing WorldcCup rac- .: es; with: ".big air": jumping, contests ~ and rail riding. ~ , *,"Aspen~is looking for a new ener- - ' ~i .in a3 new: time,:'-:.says ,Othello GCark, the dreadlocked; ~competi- i~ve snowlaoarder~ who :is :bringing firs wildlq sbccessful Aspen skate- ,; ..tioaid. camps to .Aspen Mountain urith daily rail_slidinF clinics ~ .. , -ti-~, x :The ;,fat1 iQew school ~ ~ ' ESPN's. -Wi f "2002: The. ` '-carnival: o 'fetes on`sk ? ~ •=biles•ali~'ir ~ ~ million ;to { •'town's ~ eec 'event dreg ' this season "" As en's:~~ ' P month { toR: year' to_se~ • $ki~o is co more _ f y est .jewel in° crown is nter % Games ! 'nose.ringsandall:~ ~ '_.. ~oung`X-Game. visitors :may buys'. f. x;$200-a-night Hotel room wit).:a'- ~ ';parent's credit ',card, but they'll;; 1 ~~, pack the room and eat take•oiit Mc= f t Donald's.. J " ~-;"VVe need to infuse -Aspen with' a _` new =energy," says Amy Gordon;'. .owner .~of the Aspen Collections`` st'or~ for the past 20 year's. She and? ' • lie>: husband are havuig .a "retire='~: `„ .; meat sale" and ~ shutting down ;tlfe } ° ~.: antique' funuture store. ' . :_ ~ • `' ~'-="We really -are'; at a • crnssroads • • ( . ,. , ~ Iiere Sales tax revenue takes hlt`~•~ ? ~ Catering to the nch and glamor= ~ , oo"us is an easy,} path:` Se11 -one.- I ; -~1a,000-~~'dress, -;~aIId '~there'3 ~a: ~ ' month's rent. ~ '- ` j ` ' "-The high-end retail chain stores ~ .:that arrived in Aspen `about. six; ' "years ago =' such as-::Christian`: ' "" Diar"";Gucci 'and'Louis: Vuitton = .: ~ . are .posting.-strong gains.. this, sea- j . ., 3021. ' x~ . • (, o ="We are the only high-eiid resort ' , in:tlie.world `with 1 `~etaileis; x councu : agrees. ~as~ , , tribute°:$'100,000 of .``' .the: X :Games: ~The~ _ ` iuting•exponentialI _, _..... -.~ 7 T .-~. ~,- ~~- -:~ Y '~~ ..'~z~~ 4 ~ , ~- j. ~!.,] - " '~ 1 ~vBUt` 'OIIddr! :~asA`sF -For --sands make . Yew cogim -i~~"It'. Singer i Aspeii ' ,' pooch` iir, `Ash t to`'$3.68 million in~ rtes for 2003 show con- ~ .,, ne, with sales tag reve- - ~d .to"~` fall=: to around ~. Still, Aspeu leads'ther ss=£ietail.~ales-among. ' iunities,=with, Vail-`and- prings close behind:.:, tical~-declines are sec- hat=-many retailers see Sing 1tS 30u1.° ~ . wlio~'must;peddle.thou- ~a~ slice§ a~ month' to ir.who moved toAspen~ ~ here gart~of a funky: ! f nothing s easy ,T .._ ,-die £tune," says,•3hae,• has ;been in'businessin% 8 wears: mid _ owns the.'- ~IFIE ~ENt1ER P®~~ Sunday, February 29, 200, Council-commissioned s~d~ backs easing of restrictions Special to The Denver Post / Ed Kosmicki plaza in Aspen near a trio 04 young well-heeled enclave 4o youth mecca he town's ailing retailers are paying. arries the valley's, market, with 7 home sales and 158 condo sales ccounting for $442' million in ales last year. The average home rice in Aspen topped an all-time igh of $4 million last year, and he price of the average homesite. limbed to more than $2 million. Big-name developers like Hyatt nd Starwood are pumping hun- reds of millions of dollars into our new time-share projects, nown as "fractional vacation own- rship opportunities," marking the argest development boom in As- en in decades. These new projects, with cur-week time shares costing up ~ $1 million, are promising to in- ~ct a steady stream of deep-pock- ted visitors onto Aspen's streets. One long-time hotelier thinks Zat will boost the city's retaii for- utes. "I think the advent of fractional rojects in Aspen will have a trong positive impact on the re- sil business ,here," says Richard gcLerinan;general manager of the ixui~ious St, Regis Aspen hotel, rhich` will=spend $38 million this summer to convert 98 rooms into 24 time-share condos and build a 15,000 square-foot European spa. So, as the old wisecrack asks on T-shirts hanging in shops along the city's increasingly lonely pedestri- an mall, "How's your Aspen?" "There is a ton of change right now, and everyone is trying to un- derstand it," says Joe Nevin, a lo- cal ski instructor who .teaches ag- ing baby boomers to master ski moguls using very short skis. "There are a lot of things up in the air right now in Aspen, and every- one is wondering what it's going to look like when it all comes down." 13y'Jason Blevins Denver Post Business Writer ASPEN -Loosening Aspen's rig- id .commercial codes could help breathe new life into the city's lan- guishing retail center. But'the City Council says it must consider the results of a $70,000 consultant's study before making any changes to the codes. That riles struggling retailers who say they need action now. "In .the last three years, there has been a definite feeling that something has got to change, and we need that change soon,° says Bronwyn ~ Anglin, owner of Funky Mountain Threads, which features the work of several dozen local art- ists. "We need to allow retailers the freedom to express them- selves: Vlie are stagnating." Describing Aspen's retail center as an "embalmed downtown," Den- ver-based BBC Research & Consult- ing said the town's strict growth regulations and tough regulations about'signs and street-side eating and drinking have hindered retail- ers' ability to react to market de- mands:" Following a series of workshops with town officials and retailers, BBC distributed a comprehensive report that detailed a loss of vi- brancy, the loss of unique stores, a dwindling supply of entertainment venues and the overall impact of escalating rents. Growth restrictions have virtual- ly nixed all new commercial devel- opment; leaving existing landlords in the driver's seat with an ability to push rents up again and again, the consultants wrote in a study commissioned by the City Council. "At this point, any change, all of which will ultimately face a self-regulatory market test, will be a breath of,fresh air," the research- ers concluded. "The greatest challenge facing' ". the community ... will be in find=;: °:. ing the confidence to allow change;. to occur and accepting the ride; `' that some of what exists will be' lost," the researchers wrote. rr. ;;'< Among the recommendations: ^Relax restrictions on signs^~ and merchandise on the downtown pedestrian mall. ^ Limit non-retail shops, like real estate offices, on the ground floor of the mall. ^ Increase nighttime lighting. ^ Lift bans on outdoor dining and drinking. Aspen's community development director, Julie Ann Woods, had lob- bied for some of those changes well before the report .was issued. She says forbidding signs on the. mall; for example, "lends itself to a more bland commercial environ- ment. "Many of these regulations were created with good intentions, but they haven't worked right," she said. "Some changes could certain= ly bring a little more life to down- town." Aspen Mayor Helen Klanderud said the city needs to "look at whether some of our regulations have ossified the town to some ex- tent." Retail is a naturally cyclical business, with shops closing and opening with frequency, so Aspen is hardly alone in its lament. The nation's soft economy has slowed consumer spending in general, and resort towns have felt the spending pinch become a punch, as resort vacationers change their spending habits. . Blows to budgets and bottom lines have galvanized Aspen's re- sort community. The Aspen Skiing Co., the local chamber, the city and the lodging community all have joined in a united marketing front. ~uPclad women stroll on the ~~iers. Aspen's evolution from ias come with a price, which t ®ue~;:r~~ club ~o piaygP~ °-~d f - ire ttus cir~ of 5,9r1Q people, imag: es ut rnoviF-stars;<b2U million_cas~ "'ties agdLLoiler-the-top opulence ire fading. `l'I;err~t'eplacementslocaf ski star s, S;3 .burritos and over the-terrain park bravado ~ .~~ 'Aspen'sevolution into--'a 5~out~ mecca-began, on" a 'cloudless Sun- - i day ~ in April 2001, when SkiC~ . .chieftains ; ~~Plcgmed., hordes of snowlioarden to Aspen Mountain..- ' :Dropping the ban on single-plank - ers at the c~iy', namesake hr1( wa;; ~~ the bell:ether in aspen's skiff, ;from.quie? t,,y-desihncountryclufi to a pla~~gmund open to all comers -~at leash all comers with $63 for. ~ ' a lift ticket SEE ASPEN ON 14K Offering hope: Changes in Aspen's. strict commercial codes could re~:rerse retailer,' fortunes. 14K } aspen, a graying groomed: re- sort for the well-Heeled, has heguri '- to lure a ,whimsical new- genera- tion..of clients; and Glitter Gulch ~ ,retailers - say_ they ,are `stretchei#, t faun trying to cater to fife paradox.: ..RPaltnrc na`lrllina h.».~~~ .,+- ~.. average sale price .of 'g4 million ale still, _celebrating.'.Anil adven~ > ~ ~ ~- tore-hunting. hipsters, _ answering Aspen Skiing Cats siren call for snowriders at .its°four ski -moon= tams, are rallying. -, But.Aspen's shopkeepers and res- ~ taurateurs, torn between tlie'court; ship of both the mega-riche and the, ..frugal, are'suffering., ; Gommerciai rents in Aspen are tile. highest in the state, about $12Q per .square foot: in: "annual rent;:' " ~„compared with _ $25 to< $35 pelf? ' s'gvare° foot in: Boulder's _Peart~ Street shoppingdstrict. Mercfiants say the high rents'keep them fF oii~ _ °• adjusting ao meet the. desires of ~ their changing cusfomer,base. ._ •The° situation in .Aspen's retail I '_ core is so_desperate that a:consulf ant hired';by the" city descrihecl it j as-"an embalmeddowntown n t ~ In recent years; more than a doz. ~ ~~~ - em_' of .Aspen's,. most august shops-; ~~ ' and restaurants-have abut dowir The 117-year-old~:Aspen Drug stT~rH: ~~ == built ~to supply soot-faced min ers'who spilled into-town from the• Midnight. and Smuggler mines became,anoffice that sells tuns - "` - _~-- ~ ~ ;'~ ~F~ ~: i '- • _ ~,~' 3 Xe. C~tc,~,c~. ' ,,,• . ~~~s®rt e®rilpany wind blg ~n Tan®e at rival9s expense ` j 13y Jason Btevins DenverPostBusiness Writer SOUTH LAKE TAI3OE, Calif. -Vail Re- sorts hit the jackpot~when ~t.acquire~ the Heav, enly Ski Resort on the casinastudded shores of - Lake Tahoe two years ago •this month.' Like a row_ of lucky 7s,in a slot'~"machme ' `' .window, ~Vaii Imed ~. np a ,;bargain=basement ; price'of $99.2 nullion for a~ 4;800-acie`ski area :•;, ` that included a new;$23 million'gondola `~' :~~ Today, skier v~srtsare at a record level Rev- enues'are, too. The iesort has helped`Vai1,Re- ~~. sorts ,based in Avon, irutigate its first annual" -loss ni a decade. - "Vail; which owns "four Colorado • ski areas; ~ :_~ took a .gamble on HeaveNys 1'he •wager ;ha§ l:".: , t .,-: ;;proven .that ski resort operators can prosper , .without peddling $600 'a night hotel-rooms' and minion-dollarhomesites ~The•oNy dollarsUaii . reaps; #rom 13eavenly.come",from lift-, tickets; :': -ski lessons and an mountain duung ~ ~; t i That's'a rarity in today's ski-resort ;industry, dominated by pubixcly;held companies: such as, ; ''Vail and British Columbia based ]ntrawest: To.. ~ .~ .shore up flat ski revenues, the companies deveT=. i op and sell ,high-end real estate to.' attract; ~~'_utealtliv:visitois,and liuvPrc .._ ~-- -~- -- 'Vail's recent high end, lodging purchases =` , 4 which have yet to return expected gains in- clude the luxury: RockResorts chain, the farmer` B[1z-Canton in `I' ilm `,l!rin~`s.~ C'~iliF_, rind the ~ ail Marriott' But in~Hea~°~~ii1i . hu~in~ ,~ i~ ja~t ~ibout skiers"_- -~;n the~motint~~in lleayenly's;earnmgs'~before interest, taxcs,,dcpreciation and amorti~ation_ { are expected to`tap $21 million for.the fiscal yeas ending July =31. That campares tAith ~1G ~~ million'gleaaed by previ~ns owners in 20~i1. "There. is enormous potential here in rc~surt ;revenues" says. - Blaise Carrig, Heap ~~uly's ~, crew-cut chief operating officer. "We a[c wh- in~ Heavenly to another level." ' 1 ail's windfall come~'at the expense ac Amer- - _ eti i~~.in Skiing Co. ~t l'ark`- City, Utah-based American - bought; i-=Heavenly and:Steanitioat ski .area in 1997 fore ;$288. million,':one of -the highest pricey ~~~~cr ~ .paid for' ski resorts. The company-:poured 1~ us oI mi~l[an~ into the development of a slopeside .village,, which it~. ~~ .'sold to Marriott in 1999 before:it could build or ; ~ `sell any units; delivering yet another'company - he-fruit of its abor. ~ ".' In`March 2001, debt:-saddled American wasp "`poised to sell~its Steamboat ski area,''ard Ve;"- `.`.mont~•esort dc~cluper;Tim Mnellcr w~~~ ready. sto buy. ; Mueller was in a New York skyscra~ier wail-~ _ ing to pay $91.4 miIuon for'Steamboat when ~ ~' ~r -- American chose instead:.tosell~, Heaicaty~to ~- I Vail Resorts. That day, Americanoftic[als.~~iu,the cumpa-: ; ~ nv'~ lenders `deemed Steamboat too valuable to' II,. SEE IiEAVE1dLY OM 4k '~ [ iil, __ _ _- ~,,v ~r}a- `uo ~Clsea £iae pue;s.naq lq~la iiaamlaq~ aaagen:, [ed e 'paurso; -,~iie , so; }as aq uea uauiil aqZ fu[~:uea u pa "°lt pear;,uea .ia . Dui; sn olauieo -field QAQ aql uo aasel gut legl os. ~}''ano 3ut.mp xanlq asip aql suanl leaRUago ~,,; -aKom a~„ `~aeduioq ~a[ouuaa} paseq-~li~. pue sat}i~;~ul Kso~ maN '~ '~fel:lxal,d ao; uetu'' galas au; nano -saxods. `;~a~}y ~e~ pies „`~[aoj5r • ~ ~ 6 `The gondola has created the village. Those used to be old hotels and businesses that just weren't making it. They were kind of frozen in time from the 1960s. ' ®~ane Wallace, chief executive of the South Lake Tahoe Chamber of Commerce ~%ail Ites~~~~ r~~~s Ii~avenl~ rew~1 HEAVEftILY FROM PAGE 1 K sell and opted to jettison Heavenly alone. If American had gone through with both sales, it would have logged a nearly $100 million loss on Heavenly and Steamboat. Mueller, who recently acquired -.the Crested Butte ski area, is suing ;to force the sale of Steamboat. The case is pending in Routt County. At the time of Heavenly's sale, the ski area was in bad shape. American had shuttered aging lifts ~to save money, closing off entire ,,portions of the mountain. There were no high-speed lifts. Restau- rants remained untouched for 40 years. "American had pretty much = stripped Heavenly and bled it dry," says Bob Roberts, executive direc- tor of the California Ski Industry Association, the trade group that _ _markets California's ski resorts, 13 of which line Lake Tahoe. "Nail's _been playing catch-up. They took over a laggard, and they've been doing some good work." -" Vail has pumped about $15 mil- lion into Heavenly, including re- - modeled on-mountain eateries, new bathrooms and a new chair- ' -lift. Carrig, Heavenly's C00, in- stalled anew ski school at the top ~_of the gondola, giving Heavenly three learning centers and an addi- _. tional source of revenue. In all, Vail expects to inject about $30 million into Heavenly by 2006. - .: Nail's investment in the moun- ~~ fain has pushed Heavenly into the ' Tahoe area's lead-dog position. The mountain had languished behind -Squaw Valley as the region's pre- mier destination, thanks in part to _a new village built by Nail's rival Intrawest. In Colorado, Intrawest _ is developing Copper Mountain and Winter Park. Now the ski titans are battling in California. "We have a very simple vision -'for Heavenly," says Vail chief exec- utive Adam Aron. "We decided when we bought it that we would bring Colorado-style quality to Lake Tahoe and set a whole new standard for the Lake Tahoe ski in- dustry. The acquisition has been a The Denver Post /Jason Blevins flail Resor4s paid 4he bargain sum of $99.2 million 4or 4he 4,800-acre Heavenly Ski Resort, which included a new $23 million gondola. home run for us." ' The four-mountain ski area that straddles the California-Nevada border provided Vail $59.1 million in revenue in fiscal 2003. That same year, the company as a whole posted an $8.5 million loss, compared with a $7.1 million gain in fisca12002. The resort attracted a record 937,000 skier visits, up from its long-time average of 830,000. Car- rig says Heavenly could hit the 1 million visitor mark this season. "I attribute Heavenly's success to a reasonable purchase price combined with Nail's strong mar- keting efforts and shrewd capi- tal-spending decisions and invest- ment," said Will Marks, a leisure industry analyst who watches Vail Resorts for San Francisco-based JMP Securities. The gondola planned and built by American has been the key to Heavenly's success. The gondola links the ski area with a new village that is anchored by 400 high-end time-share units built and operated by Marriott. An- other 400 units are planned. Developing the master plan for the village took 15 years and in- volved 23 agencies in California Vail Resorts' $99.2 million investment in Heavenly Ski Resort has already begun to pay off. ~ ~` ij~ ^\etail ~ 431 `~` > V ~ i ,., , t~ i! ~-:_ ;; f 'i ;t se ~ ~~ ~~ \ •N ` ~ Carson iiy =~' ''~~ ` _ 395 - ' si~ea~eoaljg ~` ~ S~t9 81~e~ 89 •~~ r; ° ~ ~ zoo , . ,.. ~ 0 miles g ~OUltr+ ' ~a La}ceTahoeA''~, The Denver Post ~E~~E~Lv ~X SHE ~~~d~E~~ O 4,800 acres 3,500 vertical feet, 89 runs, 29 lifts ® $99.2 million sale price to Vail Resorts by American Skiing in March 2002 ~ 830,000 skier visits, $16 million in average cash flow prior to 2002. 937,000 skier visits, $19.3 million in cash flow in the 2002-03 season. D $15 million invested in the resort by Vail to date. ® $294,000 average home price in South Lake Tahoe in 2001; total home, condo and land sales of $223.3 million. ~ $336,000 average home price in South Lake Tahoe in 2003; total home, condo and land sales of $366.8 million. "It's funny, for the first time, we are seeing ads for Harrah's push- ing skiing and Heavenly ads push- ing the off-slope party," says Bill Chernock, executive director of the Lake Tahoe Visitors Authority, which markets South Lake Tahoe as a year-round destination. and Nevada. American shepherded the resort through the final stages of approval. Vail reaped the re- wards. "The gondola has created the vil- lage," says Duane Wallace, chief executive of the South Lake Tahoe Chamber of Commerce. "Those used to be old hotels and business- es that just weren't making it. They were kind of frozen in time from the 1960s." The village, which includes an ice rink and movie theater under construction, is one block from the 5,000-room mini-Las Vegas in Stateline, Nev. Several casinos, including Cae- sars, Harrah's and Harvey's, are the major draws for the South Lake Tahoe region. They also dif- ferentiate Heavenly from any oth- er North American ski area. Heav- enly is the only ski area in the na- tion that can boast $100 blackjack as an apr@s-ski draw. Carrig has rekindled a coopera- tive relationship with casino execu- tives, ending years of animosity. The casinos, working to boost visi- tor numbers during a nationwide proliferation of gambling halls, are targeting gamblers with a pen- chant for skiing. TIHE DENVER P®ST p' ~ 3K its developers, landfills Ytubbish all the rage in Indonesia By Marilyn August The Associated Press Megan Ottinger of Boulder checks out antique copper switch plates at Resource 2000. The company's recycling of building materials reduces waste and cuts back on trips to the landfill. Rick Civan works for Recycled Material Co. The Stapleton redlevelop- mentinvolves recycling 6 million tons of concrete from old runways. tors to bring in used materials that Resource 2000. are resold: Donors are able to take Habitat for .Humanity last a tax deduction for their donations, month opened a used building-ma- which brings their deconstruction terials outlet in Denver. The store, doors and doors to light fixtures and paint, will send deconstruction crews to homes and commercial buildings to collect the salvageable materials. They're scheduled to take apart a house in Cherry Hills Village lat- er this month. The house, which sold for $3 million, is being re- placed with a new one. "A lot of people don't realize that they don't have to throw this stuff away. It can be reused," said Roger Krapfl, director of the Habi- tat store. The 14,000-square-foot store attracts dozens of contrac- tors and do-it-yourselfers looking for products that sell for as much as 80 percent off retail prices. Similarly, Bud's Warehouse and Resource 2000 have gained a fol- lowing among buyers hunting for deals. Bud's Warehouse shopper. Ray Krupa recently scouted for doors he could use to convert a garage in Brush into a game room for teenag- ers. "A lot of it costs so darn much, it's prohibitive to get it new," he JAKARTA, Indonesia - It feeds the poor and helps clean the streets and rivers. Handy for the beach or gym, it's be- come one of the hottest fashion accessories in town. It's the ulti- mate garbage bag - a plastic tote made from trash. Chic and environmentally friendly, the bags are the brain- child of American artist Alin Wizer, a Jakarta resident whose sculptures made from consum- er refuse are displayed in Asia's most prestigious museums. The 50-year-old artist made her reputation with sculptures fashioned from disposable chop- sticks, toothbrushes, plastic bot- tles, and even rubber sandals that washed up on a favorite beach. Then she decided to see if she could create jobs for the poor and help the environment at the same time in a developing coun- try where recycling is virtually nonexistent and garbage poses a serious health threat. ' For now, her line of trash products consists mainly of bags, wallets and pencil cases made from the brightly colored soft plastic pouches that once contained beverages, fabric soft- ener, detergent and soap. The project is adding backpacks, lunchboxes and computer cases made from empty toothpaste tubes. Retail prices start at $1.20 and go up to $10, barely cover- ing production costs, Wizer says. She pays scavengers about $1.50 per kilogram of trash, about six times what they can earn at the garbage dumps that dot Jakarta's surroundings. Not all manufacturing compa- nies,appreciate Wizer's efforts. Last year, the German soft drink company Capri-Sonne threatened to sue for trademark infringement. "For the big companies, this is the real issue. When does trademark die? When it's thrown away or when it goes up in toxic flames?" she says. "Frankly, they should be paying -- ~--- -~---------- ~ti---~---t„ The Denver Post /Jerry Cleveland The Denver Post /Jerry Cleveland Dear On behalf of the Sales team of the Vail Valley Foundation, I want to thank you and Vail Cascade Resort & Spa for your support of the 2004 American Ski Classic. It was a fabulous celebration of skiing with fantastic weather, great racing and. the opportunity for friends to enjoy time together. Without your help, this could not be possible. We look forward to seeing you at the 2004 Birds of Prey in early December when we will be hosting men's World Cup races in all four disciplines -downhill, super-g, giant slalom and slalom. Kind Regards From: Nancy Shanks To: Vail Date: 3/28/2004 Time: 12:32:02 PM Page 1 of 1 ~- ~- ®~ DEPARTMENT OF TRANSPORTATIOfV www. dot. state. co.us ~'~~ a°ige Wall ~e CI®seti, but Reef Cliff is ~PEIV F®R ~IJ~IIVESS! While through traffic between I-70 must use the SH 91 detour during the three-month closure of the Red Cliff Arch Bridge, visitors to Red Cliff should know they may access the town at either end of the bridge closure. The bridge closure will be in place from April 5, 2004, to July 3, 2004. The upper and lower roads at either end of the closure will remain open, with some minor delays at times, to local and visiting traffic. Motorists entering Red Cliff are urged to obey the speed limit and drive with caution. Additional enforcement will be in place to ensure safe driving into and through town, for the safety of motorists, pedestrians and highway crews. Enjoy your travels! CDOT Contact: Nancy Shanks, CDOT PR Office, 970.-385-1428 or 749-3579 mobile Peter Lombardi, CDOT Project Engineer, (970) 618-1068 Lawrence Const. Contact: Matthew Cirulli, LCCO Project Manager, (Public Info Line) (970) 479-1158 "Taking Care To Get You There " ~~~~ 6e~~~,te of tY~e ~~i~Y~9y ~irires~ ~~~,,y~,~,' "'i+~'~ ~ I~ tY~e Eagle Diver C'lea~i Enough? March 0(~(~ 1'~ a~l~®Vail ~'a~ilioi~ 'The Eagle River has c®~rae a 1®~ag way since the days when p®lluted ®range water fr®rn the-Superfund site at ~il~nan billed all the bugs and fish f®r miles. 'There's stifll far. ~n®re zinc in the river than the native Sculpin can deal with, alth®ugh the br®wn tr®ut seem t® have adjusted t® the higher zgnc 1®ads c®rning fr®fl~n $he e~nlne. but is the eagle River clean en®ugh? 'This is the big questi®n that fir. 1~1®®dling will address. if y®u're Seri®us ab®ut healthy fish in the eagle River, help us sh®w the State lFlealth 1)epar~nent and the EPA we care ab®ut the health ®f the Eagle River. ~Te need interested citizens t® fill the Eagle-Vail fl~'avili®n f®r the °state ®f the ash" address ®n l~lednesday, Larch 31. Clean water is everyb®dy's business s® j®in in the discussi®n f®ll®wing the. presentati®n. pizza at 6:®® p.~n., with $5 d®nati®n, n® charge f®r pr®graem at 6:3®. 1Please call Eagle River 1~latershed C®uncil a~2'7- 5~®6 t® RSV1P. ~, ~~~~~~ ~.~~~~ Vail Resorts would also like to increase the utilization of the Golden Peak Portal. This would relieve some of the congestion at the other portals, which customer surveys identify as a primary complaint. By improving the access from that portal to the Two Elk Restaurant and associated terrain, Vail believes it can entice more skiers to utilize the Golden Peak Portal. Your questions and comments regarding this proposal are an integral part of the environmental analysis. Comments will be used to identify issues and develop alternatives to Vail Resorts proposal. Commentors should include: 1) name, address, telephone number, and organization represented, if any; 2) the title of the document for which the comment is being submitted; 3) specific facts, concerns or issues, and supporting reasons for the Responsible Official to consider. Comments should be submitted to: Cal Wettstein, District, Ranger, Holy Cross Ranger District, P.O. Box 190, Minturn, CO 81645, or 970.827.9343 (fax). For additional information, contact Dave Ozawa at 970.827.571, e-mail to: dozawa(a~fs.fed.us or comments-rocky-mountain-white= river-holy-cross@fs.fed.us. In order to be included in this analysis, comments. must be postmarked or received by Apri126, 2004. Only those individuals who express an interest in this project will receive copies of the Environmental Assessment. Your participation through comments, or by contacting Dave Ozawa directly, will establish an interest. Sincerely, / ~~-~- CALVIN G. WETTSTEIN District Ranger Enc: maps Comments received in response to this solicitation, including names and addresses of those who comment, will be considered part of the public record on this proposed action and will be available for public inspection. Comments submitted anonymously will be accepted and considered; however, those who only submit anonymous comments will not have standing to appeal the subsequent decision under 36 CFR Part 2i5. Additionally, pursuant to 7 CFR 1.279(d), any person may request the agency to withhold a submission from the public record by showing how the Freedom of Information Act (FOIA) permits such confidentiality. Persons requesting such confidentiality should be aware that, under the FOIA, confidentiality maybe granted in only very limited circumstances, such as to protect trade secrets. The Forest Service will inform the requester of the agency's decision regarding the request for confidentiality, and where the request is denied, the agency will return the submission and notify the requester that the comments maybe resubmitted with or without name and address within (5) days. . ~~~~L ~'~~ United States Forest White River Holy Cross Ranger District ~ ~ Department of Service National 24747 US Highway 24 Agriculture Forest P.O. Bog 190 Minturn, CO 81645-0190 (970) 827-5717 FAX (970) 827-9343 File Code: 1950 Date: March 24, 2004 Dear Interested Party: Vail Resorts, Inc., is proposing to upgrade Chairs 10 and 14 to Two Elk Restaurant on Vail Mountain. Vail Associates, h-~c., has proposed two different alternatives for consideration: 1) One alternative (Vail Resorts, Inc., preferred alternative) would upgrade Chair 10 from a fixed grip lift to a high speed, detachable, quadruple chairlift in its current alignment. The Chair 10 upgrade would require approximately 1.5 acres of selected tree clearing to accommodate the wider lift along the lower portion of the existing lift line. Chair 14 would also be upgraded to a high. speed, detachable, quadruple lift in a slightly different alignment. The bottom terminal would move approximately 100 feet to the west to eliminate the cross traffic from the Timberline Catwalk and Whiskey Jack skiers accessing Flap Jack. The top terminal would move approximately 200 feet to the east to facilitate easier access to the Two Elk Restaurant. The Chair 14 upgrade would require approximately 0.5 acres of tree clearing to accommodate the proposed new alignment. Also proposed is the removal of Lift 23 (Westwall). This is the surface lift from the top of the Teacup Express to Two Elk Restaurant. With an upgraded Lift 14, skiers could ski Whiskey Jack to Lift 14 and ricie to the Two Elk Restaurant in less time than riding Lift 23. 2) The second alternative would upgrade Chair 10 to a high speed, detachable, quadruple chairlift that would turn near the existing top of Chair 10 and then continue to a location just west of the Two Elk Restaurant. This lift would include aturn-station approximately 75 feet east of the current top terminal. Skiers wishing to ski the Chair 10 terrain could unload at the turn station and those wishing to go to the Two Elk Restaurant could stay on the lift (similar to the turn-station at Ridge Top on Chair 6). This alternative would require approximately three acres of clearing along the east edge of the lower lift line and 2.5 acres of clearing from the turn-station to Two Elk Restaurant. - The Chair 10 and 14 Upgrade Proposal (see attached map) is intended to update.aging infrastructure and improve the quality of the recreational experience at the Vail Ski Area. This proposal would improve access to the Two Elk Restaurant and associated terrain. U4s ~~~ Caring for the Land and Serving People Printed on Recycled Paper 26A ,r THE DENVER POST Sul ~~Il ~ 9 DAWKINS•.FROM PAGE 25A ' have remarked that this particular' ' group seemed to have a cohesive- ness about it, a sense of esprit and camaraderie and aspiration that set it apart." None of his classmates, howev- er, were as celebrated as Dawkins, who made the pages of Sports Illus- trated as anAll-American running back, Life magazine as a young captain in Vietnam and Time mag- azine as an up-and-coming finan- cial chief with the Wall Street firm Lehman Brothers. Along the way, Dawkins married Judi, became the Army's youngest general, served as a White House fellow, earned 'a doctorate in pub- lic policy at Princeton, and learned to play~the trumpet piano, guitar, clarinet, . Trombone ~+-`and French horn. ~° I,~s'easy to see why Bill Carpen- ter, pon being named Dawkins' succe r as captain of the Army football team iri 1959, was seen tak- ing off his shoes at a West Point reservoir, remarking: "They want me to follow in Pete Dawkins' foot- steps. Ihave to ]earn to walk on water." Failure hasn't visited Pete Dawk- ins very frequently, but his reac- tion to a stinging defeat in an.ll- fated 1988 bid for the U.S. Senate in'New Jersey against Democratic incumbent Frank Lautenberg is il- lustrative. It was a crushing disappoint-. meat, and a.very public one," ac- knowledged Dawkins, who ran as a Republican. "But life goes on: If . there's anything I've learned from my life it is that you've got to steer by looking out the wind- shield, not in the rearview mirror. .. Nobody wins all the time. And you lick your wounds, and then you get back into the fray." Similarly, Dawkins, once a sick- ly kid from Michigan who over- I. I 1~~1 ~~~~ ~ ~~~ came polio and scarlet fever, doesn't dwell too much on his ac- complishments, either. "My personality is not one for sit- tingaround celebrating or applaud- ing myself," he said. It was his daughter, not him, who insisted on establishing aweb- site to extol his achievements. And it is his fans who continue to deify him, although Dawkins himself would never bring up his past in casual conversation. "I recognized him the moment I saw him. I followed his career," said Vail Sno-Cat driver Jon My- ers, who was thrilled . to meet Dawkins in a chance encounter on the mountain. Although modest amid such fawning, Dawkins clearly relishes being in the. same company as Doc Blanchard and Glenn Davis, Army's famed "Mr. Inside" and "Mr. Outside" who won the Heis- man in consecutive years a decade before him. "Through. the years, you realize that people all around the_ world identify you with the Heisman," Dawkins said. "While there are oth- er points in my life that I'm equal- . ly - if nat more -proud of, it's the Heisman .that people know me for." Bill Jensen, chief operating offic- er at Vail ski azea, noted that his friend certainly doesn't advertise his history and fits in with every- body from' the clerks at the ski shop to the well-heeled patrons. "He's just as humble as they come," Jensen said. "You'd never know what be has accomplished from talking with him." Still every bit as commanding as during his storied 24-year career in the military, Dawkins cuts a dis- tinguished figure _ more than 6 feet tall with neatly coifed silver hair and barely a pound or two aver his playing weight. The intensity that Dawkins ap- plied"to playing football now is di- rected toward his work at Cit- ibank, which requires him to trav- el extensively and hobnob with some of the wealthiest -and most demanding -people in the world. It's a career in which he has, pre- dictably, enjoyed meteoric success after befriending Citigroup chief executive Sandy Weill. "Our business is up 20 percent a year, and it's the single outlier in that industry" during the economic slump, Dawkins said. "We've now become a company that made over a half a billion dollars in after-tax profits last year and over $2 bil- lion in revenues, and I think we'd be a Fortune 100 company if we were a standalone." With 87 offices in 24 countries, ~ "4 ;Wi'n'-Li tJ CeV:'tr' I, r:`4~`~' the company caters specifically to families with $100 million or more, and Dawkins -who admits he was personally broke after his Senate race - is the most visible customer-service representative, schmoozing with people such as Britain's Queen Elizabeth II and Saudi royalty in addition to the wealthy, self-made "serial entre- preneurs" for whom. he reserves his greatest admiration. "I find our clients to be fascinat- ing people =people who have done things in their lives, people who have accomplished things," Dawkins said, once. again talking about the accomplishments of oth ers without a trace of irony. "It's a rare treat to do things with people who have done significant things in their lives." ,~t s ~, _-~~~~~ -~.. ~~~~ ~c r ? a '~, - Na- r i~ 1 ~r 1. ~ °` ~~~"s~ e~` r ~ `f I ~ ~ i r L ~k1 ~M1Y~~: i ` ~' ; p r~`-~~ , ~-Ts ~ fJt'iA T"S~! ~ ~~,~ ~3' r ;~~ Wells just negotiated fantastic buys on Yamaha's brand new Clavinova 1 line! Imagine...it'i like getting close-out prices on current models with ~ the latest technology! More voices... L more sounds...unrivalled sound realism, 4 "~~ Yat new USB ports, arid lots more! ' „ ~ `~ ,i ~~` FREE 9-HOUR SEfIflINARS: ' ~ ~ ~ ~ ~~ IlUhat s a Clavinova? ~ - 70:30 a.m. Saturday , -~' .i - _ • Over 2 March 6, 73, 20, 27 ~ ~..I (plus 3~ - ~Qp~Q M-f: 10-B ~ ~Xy.• ,: { ~ ~ • Genera SINCE 1919 ~~~Q~ Sat 10-6 ~~ Sun: 12-5 . ' ~ ~ ' arr" ~ Y;, ~ '~ "~ F.~T~ ` ~ systen wood _ ~t ~ ~ ~ ~~~~ ,~-~ While this ~~~~~ ~~~ purchase I. -~°~® ;. ;~- :r, , ~~' - Sunday, March 21, 2004 ' 9 ,- r~~°~,~ ~~~~]~~llrll ; ~ ~~ ~e~.~~ ~~~~~~ _ o ~~ ~. W~.IC°~~~~11~ One week ago, if anyone had told Maj. Chad Storlie that Bill Howell would commit suicide 1V,q®RE L®~AL NEWS _-ti F - ~ ~ ~lj ,a W ~" vedirutr.a9eoDtrepgaos8.coeaa/aeevus ~ 'I'I-tB DErIVB - __ -~ __ - :. BIOGRAPHY_ c ~~ bra ~~ ~s ~ of the Retired general, Reisman winner remains humble about his `fortu~ By Steve Lipsher -- Denver Post Mountain Bureau ~ - VAIL >- "You know," Pete Dawkins said recently, °I rode up on the ski lift the other day with the most interesting fellow." . Somehow, though, it's hard to imagine !, that anyone -.much less the French ag- ' ricalture expert sharing the chair that day -could have competed with Dawk- ins for that distinction. it After all, it's not every day that the person on the next seat can claim to•be a ' Reisman Trophy winner, a Rhodes Schol- ar, aretired Army general, a Princeton Ph.D. and, at an age when many people j, are taking up shuffleboard, the globe- ' trotting vice chairman of one of the most lucrative private banks in the i_. world. "I've been very fortunate," Dawkins, 65, said with characteristic modesty. "I've had more opportunities than most ' people. I don't believe. in spontaneous ~''^-~~~,~" combustion. I enjoy working hard and wouldn't have it any other way. BuG I '~ there's also a substantial portion of good i ` ~' ' ,~ ~;; ~ t ~- f<rr - r ~; ~~ z r~.` ~ ~ 4 { r~, s: ,~~ , ~ rc~~~ ~ i o '~r.~~~ t t r ~ ;~ ,~ !r ' _ - r ~~ ~ i ~ ~,z <~,tr~~ ~ ,~ ~.~~~.~ ,.~f ' ... v,,,..,3 1f _ ~ti-.._ rsraggmg srmpty tsn't part of the mare- '~y~" ;,, ._x; ,' up of Peter Miller Dawkins, who once ' ~ ~ _ neglected to tell his future wife, Judi, ' that he had just won college football's ~~ '" most prestigious honor in 1958. "I found out about the Reisman when I read it in the paper the next morning ~`j ` she said from the couple's tasteful skt m " ,,E condominium in West Vail, He's always _ been very humble and down to earth. ' '"`~ ~ ' ~ That s because his mother brought him - -- -=- - -- --- -___ up to believe if you do something really Special to Thei great, you don't have to tell everybody Pete Dawkins -whose staggering resume includes winning college football's Reisman Trophy, serv about it. If they need to know, they'll find out about it." at Citibank's private bank and being a Rhodes Scholar and retired Army general -recalls his youth Barnes ~. av'ann®n 4SS Sherman Sfreet #468 DENVER, COLORADO 80203 TELEPHONE 303/321-7012 March 26, 2004 Town of Vail The Town Council 75 S. Frontage Road Vail, Colorado 81657 Dear Sir/Madam: My name is Jim Cannon. My parents have owned the 616 Forest Road home for thirty-five years. The purpose of this letter is to encourage you to move the Vail Mountain snow and mountain operations away from West Forest Road. West Forest road is a quirky neighborhood. It is one of the oldest in Vail. People walk up and down the road to ski or shop in Lionshead. There are kids playing in driveways and people skiing down the road. And with the addition of four new single family homes and the new~pedestrian friendly ski bridge, the area surely will become even busier. Unfortunately, Vail mountain operations also use this road for mountain access. I have personally witnessed snow cats passing people with skis on their shoulders, narrowly missing them. It is not the driver's of the snow cats fault, they are world class drivers, it is simply the nature of the street. There are no turnouts. People come and go down the road either by car, foot or skis at odd times making navigation around them by snow cats dicey. This year, attorney Art Abplanalp, asked Vail Resorts to stop storing snow cats and dozens of snow mobiles on the road and the old tennis court site. Obviously this area is not zoned for heavy equipment but it is hard to blame the drivers and their supervisors who want to minimize driving through the neighborhood. Fortunately, Vail Resorts is leading the effort of removing Vail mountain operations from this neighborhood. The fact that they are going to pay for an entire new access up the mountain is exemplary. It is my hope that the Town Council is also supportive of their efforts. In this spirit, I hope the Town of Vail grants Vail Resorts its new access route and thank you for supporting the West Forest Road neighborhood. Sincerely, Cc: Vail Department of Community Development Attention: Bill Gibson 111 South Frontage Road West Vail, Colo. 81657 ,~. u`+ ~'~+~~ '~' ~ TRADITIONAL CEMETERIES, with their uniform headstones, "~'` ~ 'w'~ '~ ~ "~~ manicured lawns and plastic wreaths, may become a thing of `;: ~`' ~ KEQ, the past. Eco-friendlier modern burial grounds resemble na- ~If- ;[ G LERM ~ ture preserves, with native plants and trees; stones serve as ALBERT E.DV~!)N BETTY L. ~ graveside markers.The 350-acre Glendale Memorial Nature ~~/2~ !j/A~~~7G 8/!6/24--Ih2jp `~ Preserve opened last month in DeFuniak Springs, Fla.; another ~ ,~ green burial site has opened outside Huntsville,Texas, and ~"~ .. ~ ~ ~ ~ others are planned in California and New York j itis - The non-profit Pre-Posthumous Society of Ithaca,N.Y.,advo- 't~~ r '~~~ -=`-'' ~l cafes "green burials" - in naturally wooded settings, with caskets made of biodegradable materials,and no embalming,which delays decomposition.One such site is the 32-acre Ramsey Creek Preserve,above, in Westminster, S.C."People are literally integrated into the land- scape,"says Billy Campbell,the town's only doctor, who co-owns the burial site with wife Kimberley. For those who prefer the sea, Eternal Reefs (eternalreefs.com) will mix your loved one's cremated re- mainswith concrete to be placed at various art~cial reef locations off the Atlantic and Gulf coasts; they'll support marine life for years to come. Contributing: Kathleen Conroy, Rachel Dickinson, Phillip Zonkel v~,' `~~I" y~f~„ j, '~S USA WEEKEND • March 19-21,2004 \~ VV, dCC; CQ Taft ~/~l~ ®~09.V~949.55/vaildaily.com t~~ ~~~~Il Company estimates it could cost $7 million to clean up Terrace employee housing [~~ f,~uovu ~filap¢gaau§ SUMMIT COUNTY CORRESPONDENT Vail Resorts is spending millions of dollars to clean up and repair water intrusion that caused mold to grow in the company's Breckenridge employee housing complex. When the mold was discovered last fall, nearly 1.00 tenants were asked to move out and the 17-build- . ing complex on Airport Road has been empty since mid-winter. According to Rick Smith, vice president of human resources for the company, the last set of 90 tenants moved •out at the beginning of Janu- ary. Experts said a serious health risk was not present, but company officials wanted to be cautious, so they asked residents to vacate their units. The company estimates the clean up will cost $7 million. At the beginning of this month, a notice required by the Colorado Construction Defect Act was sent to the architect, contractor and devel- oper, indicating that each party has 30 days to inspect the property and another 30 days to submit a proposal for remediation or compensation. "We are going out to bid with other contractors as well, so we'll be ready to go if we don't like their pro- posal," said Eric Stein, assistant general counsel for the company. Two of three contracts with developers require arbitration before filing a lawsuit, but Stein said the notice was just the first step in the process associated with the state's regulations. Company chairman and chief executive officer Adam Aron said last week the company plans to have "some pretty stern conversations" with project developers. The four- and-a-half-year-old complex cost $20 million. l Stein said the $7 million figure was a "conservative estimate" of .+~''~ _ , .,:~ f _~ ,~~~ a r: +~r~ J ~, Summit Daily/Kim Marquis since mid-v~inteP, I~Peckea~Pidge ~fePPace, ~ Mail Gaes®Pts empl®bee Io®using complex I®cated ®n AiPp®Pt ~®ad, leas s$®®d empty save f®P an occasfional caP pulling in ~®P a quick mai9 pick-up. ~i~e c®mpany estimates it twiii spend alaout $7 million to fix tlee complex, wlaiclr vuas evacuated due to mold damage. the possible cost to fix the damage. The publicly traded company is required by securities law to account for the cost in the quarter it will be billed, so the figure was made public last week. Stein said the company does not know the extent of the work needed, there- fore the figure could be more or less than estimated. Meanwhile, the company is "not too optimistic" that its insurance carrier will cover the costs because of exclusions in the coverage plan, Stein said. "Overall, it's been a learning experience for everyone here at Vail Resorts," he said. Mold is typically associated with wet, dank places but can be a prob- lem in grid climates like Colorado. Here, mold is frequently caused by condensation resulting from temper- ature variations inside tightly con- structed buildings. When mold was discovered by housing managers last October, the. company hired restoration experts to ocate it, determine what caused its growth and figure out a way to repair the problem. Experts deter- mined -that water intrusion where pipes run into first-floor bathrooms caused mold on the interior of the buildings. Stein said in December that "block out" holes under each build- ing in the complex were not insulat- ed with foam or concrete; they were left open to the ground, causing moisture to enter. When. the prob- lem was discovered, temporary housing and meals were supplied by the company at a cost of about $35,000. The company. secured master leases and provided units at a Key- stone employee housing complex, but eventually most of the tenants found housing on their own. Smith said a soft rental market helped deflect the typically challenging problem of finding housing during the first weeks of ski season. "We'd have been in serious• trou- ble if (the rental market) had not softened," Smith said. "It was a real bummer for the tenants to have to move but most people understood, the situation we were forced in to and did the best they could." 7HE VAIL DAILY 970.949.0555/vaildaily.com Sunday, March 21, 2004 -Page A3 ~.4 ~ rnert~ a I-ev~~° Il~ retu~°ns ® able k ' Former Vail . dd - - - - - Resorts marketing exec This is true 'and now United economic :~ ~ exec Martin White development. .~„ ' i was the common United's 757s j`~ ~~ ~ ' denominator that will het us ~ ~' helped make the P I, deal happen connec to ` major cities ~ ~ By Cllff Thompson _ thrOllghOUt : ~ DAILY STAFF WRITER ' the United Commuter flights ~ StateS." - _. between United Airlines' ~ Denver ~ hub and Eagle TOm $1011@ - _ County airport with..757 COMMISSIONER ~ _ i jets will begin this summer ~ - - after atwo- ear bankru [- Y P - cy-caused estrangement ~ They will start June 3 and ~ - - with Eagle County. run through Sept. 7. - - : - ~.~ That will bring [he num- ~ - "They will serve both - - ''~" - bet of summer flights link- the people and businesses - - - _tgg the .county with hub of Eagle County," he - y, crues' to three. American said. Airlines brought direct Last summer the county - F` flights from Dallas to Eagle underwrote a $475,000 ' v: i County last summer along flight guarantee to Ameri- --~~ -` -~~~~ --~- . ----~~--. r~: ..:.: v:~-- -. _.-,~;`:;._, , ,..;~. , -. ,,. .. ~ ,__ r with a Continental flight . can Airlines for its daily ~ €rom Houston that should start this sum flights [o Dallas. The qp photo A Untted Airlines flight leaves the. ground at Denver International Airport in Denver. Emerging from mer. ~- ^ Denver-based United is county ended up paying $20,000 in guazantees, but bankruptcy, Untted wlil continue Its commuter flights between Denver and Eagle airport this summer. now emerging from bank- ruptcy but in 2002 it i h cleared approximately from Dallas. bets. In the lazgest yeaz, of aircraft' able to land and can decline to six per hour. , , w t - drew its flights to the Ea le $150,000 in Flight-related e I t d id a l The increase in summer 1998, 188,745 passengers depart during, inclement fli h h ld b l g County airport as part of y. mon ngs a sa ne r y 60 t f th ~ g ts s ou o ster traffic .used the airport. weather. When skies aze Cliff Thompson cart be h - i that bardcruptcy reorganiza-• ,percen o e passen- l ' at t e Eagle County Airport , An instrument landing cleaz, the number of aircraft ' contacted via a-mail ar . tion after i[ had signed a gets on ast summer s Dal- las fli hts were from con- which in 2003 saw 171,601 system will be installed at able to use the facility is 12 crhompsonCwaildaiiy.com asse li h h f ili hi long-term agreement with g 'necting flights, not just p ngers - a s g t t e ac ty t s summer that to 16 per hoar. When the or by calling 949-0555 ext. decline £rom 2002's num- should increase the number stormy weather hits that 450 the county to lease space at, , . the aitpoiT's new terminal.`.- -_. The county was depending 1 on the 'airline's service '~ because it had finished a I $20 million expansion of ~ ~ the corrunercial air terminal ~ I at the facility, but it suc- cessfully scrambled to I I recoup the revenue. "This 'puts us more on - ~ the map. every day," said Commissioner Tom Stone. `"this is true economic - ~ development. Uttited's 757s will help us connect to major cities throughout the Unified States." The thaw in the rela[ion- i ship between the county and United came from a fortunate and timely change . - in jobs by -former Vail ' Resorts mazketing director 'Martin Whitey who,moyed ' to United Airlines earlien ~„ _ this yeaz and became the vice president of mazketing there. He and County Com- - , rrtissioner Arn Mencorti. kept in touch and began 2b explore bringing the carri- er's planes back to Eagle' County and ,very,, quickly were able to strike.: an agreement. "It's not every day'`'you can make acell-phone.Call to a vice president atpUniteds_Li - Airlines and make`"some- ' thing happen," Menconi said. The county has to guaz- antee the carrier $262,000 for the 97 days it will pro- vide air scrgice to Eagle during. rfie~siimmer. That works oily fu hpproximately 49 pasxii,ers:pcc airplane, ' said Jack Iri ort.id, county administiu[ar. - Stone said me fllehts to Denvenfrom Eagle.'~which will take approxim°fely 45 minutes,'have a hn I~ .;keli- hood of'~financ I ~ ` ess. .:s..r-:,F~.3 f ~ XC= ~b~.u.ecL K, i s w+n~acw aa, aooa VOLUME XXIII~ NuMBE'fl $6$ ~` ~ '~. E, ,.. vaildail ~ ~ e-mail: newsroome?vaildaily.eom (970)949-0555- ~,.-. ,, ~~~ ~~6~JRFw~iLD 1 3 5 ~~ ~ ~~~'~ 81215 _ 2 14 24 f~, ~ POWER~d z~ as ass PPS = ~® 1r~il s LtuL~~cl' K~Iclou~ i~i~i~i.r the upc~r-G aCtl t{tc,sec°oiul iuitirmeil title of hercareer.~~She.~~on~ -' ~~' ® ®enver floght~ [beck Unitccl~l~iliiif ~ Ic~s[~i~-rs .ritiiintPr;flights to capital fro~~i ~a;;f~ County alf/~or~t. vaceas 1t13 I I f` ~ ~ 1 II t. . Sch:®®1.-e-mail ~cleba.te ®tius ~- .~PUbllsher'argUeS ' pleted m-the case.'The_par : _as'those related to'person ` "the law does not obligate a that e mails firom ues wtll,i~efurn to court;for ~,nel,•students medreal;legal `"government~enttty Yosretam - m .,. - SChOO1 dlStrlCt _ closing arguments March 31 ` , . ,- '4 ents . , academic and'others; are not •"ancUor•ndeliver docu public records ~ that are not; ubhc records " P ShOUId be r ' " 'For Cacioppo, the docu - No public `official. can :Eagle 'County .:School - - •~ aVallable;at a ' nients are public record and 'dectde what~~rs` a public Distract receives or creates ' . • ~ k - • t should'be `available at no between 3,000 and S;000.e record=said Tom Kelly, gen lower, cost t cost, But'school distric[=offi.. eral`eouncil to the`Cblorado mails a day; Spritzer"-said.. . i ' • -cials say if he doesn't pay' -- Pi'essAssociauon =~_ - And razely~ar`e`thuse docu- By.VeroniCajWhitney ` for"the document seazch he• ~-= `If>a document's avatl '> inentspublic"records:' - ." DAiuv STatF!WRt~a ' requested, he will not'get the :able,.aperson should~be able >,i' `For the~few thaf are, it"is. . ----~- results. -td have access Kelly sazd caster to'pnnt them- and As local ~ . publisher ~ + Rick Spitzer, the•direc :<"Under public law these aze place the printed copy in file <' Michael .Cacioppo and .for of technology for ahe "public'Yecords and:~a~pubhe `eabmets.=along :witfi other 'Eagle County School Dis- t school district, said e-mails entity has td complyi Given related documents;'?1he said'' trict officials .battle about aren't necessarily consid- the potential for massive -_,"Using" that,process allows ° .who shouldpay for the ;cost ered. public record --unless- --amounts .of records• to;be in -`the district to provide a copy -,, of :retneving'`"e~ritails:~frtim they fit criteria. the category of rehievable, , of that.publc record at virtti5 ' the-school distract computer ~ " -"We archived the items _ ~the•law is <veryrimpracttcaL, ally no expense ' ,..- :,:- ., system, school rdtrcials still ,that we feel are important to It gives members ~f the pub It is more cfficieni>and yuesti~~^ it all e^iails..are -, pubhc::records We".don't . lic access .to that... data}as= cost effective tofmaintiiit , public records. archive every email;" he much' as in avritteri format.• .public records `in a printed At the last.heazing in the adds "Public urganizatirane Pverything~that's tatricvable, paper format as the.sghool „ ,. case, Cacioppo :publisher of de~tde «bat is Puhh~. iitlor t~ pubhcrccord " -_ _. dismet hasione m the past " weekly Speakout, ~tvho 'tlie maa+>n Ii Somedung_nas to Spttzer~ , Pot 'Cautippo; rhe;. and continues to do; - declinesato pay $1700~for "do_~~ith district pulrcyhio .school disu'ictcould,piltthe~- said ~~ _ ,m _ i then cost of-,retnevtng'`the~ ced'a~es, n liar in t>L iirmn ~ not need~~. to e-mails un a ditleicm server ~ We dp documents, ~~te~sttfied,rthat dtat-Mt tainea I hc~heve rliat~ioukln;fu„tnun~edran` employ expensive solutions theieare~waysford~e°school `Cactoppo-thinl., chat all ~ ~l,tiOi~ and'awld ea~i(~ b~ -to,meetthatneed he:added. ' ~ dist<tcC'to IItake the records mails are public records. seems to~ acceased 6y ~1ta ~i~hhc `!Gfi Cacioppo also '. available at"a lower price =?Under 'state la~~. P~ihltc ' Anodtcr way ~~ ould be beLeve thai•we must aclnve` _ - - `But the school district >. • ltecords sgegtfical (Open) prinuu all e-m~uls '_ ~ the documents m -and elect :has no int~re~t tn~'doing + ~ly states that public-records Fur tipit«~, how~~er U"omc format Thelawdoes drat Cacioppo sazd. ; raze records'' held ~ by>'.any' rise law state," dr,,t =docu , itat iuquue=that docments ` "'The school district is local government financed specific t - ments that fall into dtr drfi be retamed~'in any' Cacioppo, ~' -requesting th~t entity for use m the exererse ;ninon of " a` public record fdrmat We'==must deliverthe ^ pays,ilie'cost of r`etrievmg of functions required or must be retaured .ill othcc content ,of',the docwnent. ' ahousands of + e mails he' authorized by law or•admm .is •the documents that do nuGmeet The content is what" .requested on:Sept. 5,.2002;; istrauve mle ,or"tnvolvmg that"legah;defuuhou;can be, public record not thefotmat "" ' from the coin uter system: ed'""that haschar '~~ C the receipt or expenditure of " Spitzer said public funds e~crst m ~ t disposed of. _ r -that tt may what ='? Cacioppo s request e~ idly `"That is g actoppo ' i. the dtstnct'"'~rotnoted''. an . , "It does not'state that all " - . -.Eagle County School Drs= stemmed from the: circular '.' alleged boycott of. Speakout ` advertisers through tts e-mail paper, records, e-mail or created or used by a govern- . trio has done'" he said. We` tibn of a flyer m April_2002 dehvered.;the requested doe ' advocating., boycott.: of~ the t sy`sCem.,-The--°dtsmet-'''repeat= rent entity are `public uments `that existed and we adverttsers"~~ m 'Speakout: ~°,edly denied that allegation. records ,:..h'e added: In .cannot deliver documents ~•'Followmg the flyer'that was Testimony is now coin' addition; "some recordssuch ",`'that da noCCxist. Lr addition' disnYbufed'to school-dttrict eri ' ' t t_ I t formei~ Sup n- employees an e=mau to them saymg.me district 'didn't `condone the cu'culation of this informa- tion and 'floes not" support spch aboycott •~ "c.'. this;is'the' has"existed issue;" '•Spit not . a stantlatu, 'request for dpen accords.'We provided hun with'-"whatiwe=th_ihk*is the law- .:-- a _ >t .: Vail Local Marketing District Meeting Minutes Tuesday, March 16, 2004 The Vail Local Marketing District board meeting was called to order at 12:30 P.M. by Rod Slifer, Chairman of the Board. Board Members present: Rod Slifer, Chair Diana Donovan Farrow Hitt Kent Logan Kim Ruotolo Dick Cleveland Greg Moffet Board members absent: None The first item on the agenda was an Update on Prima Vail/Prima Vail Valley. Kelli McDonald introduced Ceil Folz, President of the Vail Valley Foundation (WF), who provided an overview of when and how this program was introduced. She stated at the time the confirmation of the New York Philharmonic was received as a part of the Bravo! Vail Valley summer program, several parties of interest came together to create a distinctive marketing name that would put an umbrella over the International Dance Festival, the Bravo! summer program (including the Philharmonic), and the Theatre Festival at the Vilar in BeaverCreek. Initially, the group had a difficult time getting their arms around the concept but eventually landed on a general concept of "if you want culture in the summer; this is the place to be." Bravo!, the WF, the Vilar, and the Vail Local Marketing District (VEND) all contributed $10,000 each to this collaborative effort. And Prima Vail/Prima Vail Valley was born. 75% of all these performances occur in Vail. Kelli McDonald then noted through the evolution of this program, the communication call-to-action, calendars, posters, retail rack card, inserts in the New York Times, Dallas, Denver and Houston newspapers, all carried the Prima Vail connection. Ceil reiterated the message: " It happens in Vail, it happens in the summer, and it's always the highest calibre performance." And this constant message reinforces the cross-over between the winter and summer guests. At this point, Dick Cleveland asked to re-address expenditures in the VLMD to allow some flexibility in valleywide marketing since it appears to provide some valuable co-mingling of marketing efforts. Council stated they felt more comfortable with the programming overall and the marketing effort, both collaboratively and singularly. The second item on the agenda was a request for additional funds. Pam Stenmark stated the Vail Local~Marketing District Advisory Council's (VLMDAC) efforts on behalf of the VLMD had concluded in the funds being well spent. And although originally the VLMDAC was asking for supplmentai funding, in deference to the Council and their approved '04 budget and new policy regarding out-of-cycle funding requests, the VLMDAC would not include a request for additional funding until next fall when they come in for approval of their'05 Operational Plan and Budget. The Council was appreciative of this gesture. The meeting adjourned at 1:00 P.M. Respectfully submitted, Rod Slifer, Chair Attested: Greg Moffet, Secretar A/linutes taken by Pamela A. Brandmeyer PFtOCLAnflATION #2, SERIES OF 2004 National Public-Satiety Telecommunications Week April 'l'8-17, 2004 ' Whereas emergencies can occur at anytime that require police, fire or emergency medical services; And Whereas when an emergency occurs the prompt response of police officers, firefighters and paramedics is critical to the protection of life and preservation of property; And Whereas the safety of our police officers and firefighters is dependent upon the quality and accuracy of information obtained from citizens who telephone the Vail Public Safety Communications Center; And Whereas Public Safety Dispatchers are the first and most critical contact our citizens have with emergency services; And Whereas Public Safety Dispatchers are the single vital link for our police officers and firefighters by monitoring their activities by radio, providing them information and insuring their safety; And Whereas Public Safety Dispatchers of the Vail Public Safety Communication Center have contributed substantially to the apprehension of criminals, suppression of fires and treatment of the sick and injured; And Whereas each dispatcher has exhibited compassion, understanding and `,.professionalism during the performance of their job in the past year; ?Therefore 13 a olved that the Vail Town Council declares the week of April 11 through 17, 2 00[to a fational Telecommunications Week in Vail, in honor of the men and women diligence and professionalism keep our city and citizens safe. Signed this 6th day of April, 2004. Rod Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Elizabeth Hoffman President University of Colorado System Boulder • Colorado S[~ringt • Denver • Health Sciences Center 914 Broadway 35 SYS Boulder, CO 80309-0035 Phone: 303-492-6201, Fax: 303-492-6772 E-mail: Elizabeth.HoffmanQcu.edu ~~~v~v1~~ lF~~rA~c~A~ ~~~LL~~G~s 1~ ~o~o~~o l~u~~lc ~z~xEx ED~ca~~o~ University of Colorado Office of the President Office of the Vice President for Budget & Finance December 2003 SURVIVING FINANCIAL CHALLENGES IN COLORADO PUBLIC HIGHER EDUCATION The decade of the 1990s saw strong economic growth in Colorado provid- ing for a twofold increase in the state budget. This growth was an impetus for the state to adopt fiscal growth measures, spending limitations, and tax cuts as well as provide for the accelerated growth in various state agencies' obligations. More recently, because of the reversal in eco- nomic trends over the last three years, the state has had to make very difficult choices to live within its constitutional and statutory limitations delineated by TABOR (Taxpayers Bill of Rights), and Amendment 23, as well as Arveschoug- Bird. The combination of the state's economy and these statutory and consti- tutional requirements has the very real potential for placing Colorado's higher education institutions at significant financial risk. As we look to the future, assuming the same historical 10-year average annual growth rate for all state agencies, by FY 2009, there could, con- ceivably, not be enough General Fund revenues available to fund higher educa- tion (see Figure 1). The combination of a weak economy and the statutory and constitutional restric- tions on the state budget have created a structural deficit and compounded an already limited discretionary funding, decision-making process. As a result, all state agencies have experienced budget cuts, with higher education sustaining a disproportionately larger General Fund reduction because: 1. it is considered a balancing mechanism of the budget; and, 2. it is perceived that public higher education has the ability to generate new revenue through tuition increases. However, public higher education does not have the ability or authority to increase tuition carte blanche. All tuition increases must be approved by the General Assembly in concert with the governor's office as well as adhere to revenue constraints imposed by TABOR, which are explained below. As the funding chart shows, higher education General Fund appropriations have declined from 20.3 percent in 1990 to 10.5 percent in 2004 (see Figure 2). However, this decline in General Fund appropriation has not been offset by dis- proportionate tuition increases, and in fact, public higher education costs take a smaller portion of an average Colorado citizen's median income today than was true in 1995. Why is this true? FIGURE 1 Projected GF Appropriations $3,500 $3,000 M $2,500 I ~ $2,000 I N $1,500 S $1,000 $500 $0.00 ~- Higher Education f Corrections/Judicial ~- Health/Human Services ~- K-12 Education (including Medicare) Prepared by the Office of the Vice President for Budget & Finance. FY 2003 FY 2004 FY 2005 FY 2006 FY 2007 FY 2008 FY 2009 2 FIGURE 2 SURVIVING FINANCIAL CHALLENGES IN COLORADO PUBLIC HIGHER EDUCATION Higher Education-Share of General Fund 25.00% 203% 19,1% 20.00% 11,8% 11,3% 15.00% 10.00% 5.00% 0.00% 153% 0 14.9°/0 14.8% 14,6% o ~ 14,6 /o _ 14.2% 14.1 /° 14.0% 13,1% 10.5% 12.4% FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY 1990199119921993199419951996199719981999 2000 20012002 2003 2004 Data source: State of Colorado Joint Budget Committee Appropriations Reports FY1990-FY2004. FIGURE 3 State Higher Education Appropriations and Enrollment Changes 200,000 180,000 160,000 140,000 120,000 100,000 80,000 60,000 40,000 20,000 $900 $800 The answer is that tuition and fees count as state "cash" revenues under TABOR, thus limiting higher education's ability to generate tuition and fee revenue, not only by market conditions, but also by restrictions imposed by the state. TABOR limits the state revenue growth to the rate of population growth plus inflation. If total state revenues grow at a faster rate than allowed by TABOR, those rev- enues have historically been refunded to the citizens of Colorado as General Fund refunds. To limit the need for refunds, the state has restricted growth on most cash funds, including tuition and fees at higher education institutions. As a result of this policy, at a time (FY1995-FY2004) when median family incomes have increased 50.8 percent, and the tax burden on the average household has declined to 15.8 percent, state sup- port for higher education as a percentage of median income has declined, with General Fund support for the entire Department of Higher Education being reduced from a high of X770.6 million in FY 2002 to $591.0 million in FY 2004 (see Figures 3 and 4). $700 The net effect of this translates into a $600 nn reduction in student support of $179.3 $500 ~ million. During this same time period, $400 ~ ~ tuition for research universities also n i declined as a percentage of median $300 s income from 8.7 percent to 7.3 percent. $200 $100 0 FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY ~ 199019911992199319941995199619971998199920002001200220032004 ® Enrollment t CPI Adjusted t Actual Data source: Colorado Commission on Higher Education FTE Enrollment Report FY1990-FY2004; State of Colorado Joint Budget Committee Appropriations Reports FY1990-FY2004. Further compounding these budgetary reductions, state public higher education institutions absorbed a 16.2 percent (19,004 statewide) increase in new resi- dent students. The effect of this increase further diminished the state support in FY 2004 on a per student basis to an average $3,709 statewide, bringing pub- lic higher education funding per student back to lower than its FY 1995 levels. SURVIVING FINANCIAL CHALLENGES IN COLORADO PUBLIC HIGHER EDUCATION In addition to these factors, higher education's purchasing power has been eroded by increases in fixed costs of services necessary to educate students. As the demographics of students change, the number of nontraditional and part-time students has increased on campuses. Nontraditional and part-time students actually cost more to educate because traditionally, 1.0 FTE equated to one student. With the increase in part-time students, 1.0 FTE now translates into several students. This has caused institu- tions to increase support staff and servic- es to handle the additional number of students on campus. Other factors that contribute to increasing costs to universi- ties in general include increasing instntc- tional expenditures, increasing health benefits, increasing costs of technology, increasing costs of utilities, increasing demand for facilities, increasing institu- tional financial aid budgets, and increas- ing need For remedial education. What does this mean for CU? From FY 19)5 to FY 2004, General Fund appropriations to the three general University of Colorado campuses increased X2.4 million or 1.6 percent. This trans- lates to an average annual growth rate of 0.2 percent for the last 10 years. The university's General Fund growth slowed significantly in the early 2000s because of major General Fund cuts (~79 million) since FY 2001 (see Figure 5). Even though the university's General Fund appropriations have increased on average 0.2 percent each year for the last l0 years, the state is providing less fund- ing in real dollars than in FY 1)95. Adjusting for inflation, the FY 2004 appropriation has decreased 24.4 percent (see Figure 6). FIGURE 4 Colorado Tax Burden and State Funding as a Percent of Colorado Median Income $80,000 $70,000 $60,000 $50,000 $40,000 $30,000 $20,000 $10,000 $0 3 18.00% 16.00% 14.00% 12.00% 10.00% 8.00% 6.00% 4.00% 2.00% 0.00% Data Source: State of Colorado Department of Local Affairs Note: Tax burden as a percentage of median income was not available for FY2003 and FY2004, maintained previous year's percentage. FIGURE 5 Percent Change in GF Appropriations: Higher Education Operating vs. State Operating Increases 10.00% 5.00% 0.00% -5.00% -10.00% -15.00% -20.00% --~--Higher Education GF Change ^ State of Colorado Avg. GF Change Data source: State of Colorado Joint Budget Committee Appropriations Reports FY1990-FY2004. FY FY FY FY FY FY FY FY FY FY 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 - Median Income ~~ Tuition as a % of Median Income-Research Universities ~- Tax Burden as % of Median Income FY FY FY FY FY FY FY FY FY 1996 1997 1998 1999 2000 2001 2002 2003 2004 FIGURE 6 Inflation Adjusted General Fund Appropriations to CU 10.00% 5.00% 0.00% -5.00% -10.00% -15.00% -20.00% -25.00% SURVIVING FINANCIAL CE{ALLENGES IV COLORADO PUBLIC HIGHER EDL`CA"I~ION ^ Denver/Boulder CPI ^ CU-GF Appropriations Data source: Office of the Vice President for Budget & Finance. FIGURE 7 Inflation Adjusted General Fund, Tuition, and Fees per Student FTE at CU 6.00% 5.00% 4.00% 3.00% 2.00% 1.00% 0.00% -1.00% -2.00% Data source: Office of the Vice President for Budget & Finance Combining the university's General Fund appropriation and tuition increases over the same 10-year period shows the same situation as experienced by all of higher education (see Figure 7). Given the economic reality of the Colorado state budget and the statutory limitations placed on the executive and legislative branches, it now seems evi- dent that a new funding mechanism is necessary to ensure that state higher edu- cation institutions receive the essential funding reyuired to educate resident stu- dents. This becomes particularly evident when one looks at the ~ 10,121 competi- tive resources gap that exists between the Boulder campus and its peer institutions on a per student basis as exemplified by Figure 8. Possible Solutions Absent changes to TABOR, including Arveschoug-Bird, Amendments 23 and Gallagher, the most practical solution to the state's budget dilemma is to remove higher education from the TABOR cal- culation and restructure the relationship between the governing boards and the state. To accomplish this, the legislature would need to adopt a comprehensive higher education act that includes College Opportunity Funds, enterprise status for institutions of higher educa- tion, and performance-based contracts. The following concepts are currently being discussed among the Colorado Commission on Higher Education and the leaders of public higher education. • College Opportunity Funds (COF) would ensure base-level funding for all resident students attending a public institution of higher education. These grants would be provided to resident students for use at Colorado public colleges and universities of their FY FY FY FY FY FY FY FY FY 1996 1997 1998 1999 2000 2001 2002 2003 2004 Boulder Colorado Springs Denver Denver/Boulder CPI SURVIVING FINANCIAL CHALLENGES IN COLORADO Pt-BLIC HIGHER EDUCATION choice. The amount of the grants could be directly linked to a student's major by an algorithm that limits the state's financial liability while provid- ing astudent sufficient time to earn a degree. The COF would be student directed, allowing the governing boards to be eligible for enterprise sta- tus, and therefore removing the cash funds from the r<mstrainrs of TABOR. • Enterprise status would allow greater management and regulatory flexibili- ty, along with an ability to set tuition rates within legislatively prescribed limits. Enterprise status would also permit institutions to bond against tuition and fee revenue in order to address critical capital priorities when state funding is not available. • Performance contracts would be negotiated individually with each of Colorado's public higher education governing boards and define the FIGURE 8 limits of each institution's enter- prise status. As is the case with the Colorado School of Mines, such a contract could. stabilize General Fund appropriations, set parameters for future tuition increases, and provide accountability for general fund support in addition to the COF. Performance contracts could also establish greater management flexi- bility that differentiated among Colorado's public higher education institutions within their legislatively prescribed role and mission statutes. The University of Colorado System, along with the other Colorado public higher education governing boards, is at a cross- roads. These three proposals offer the best path for insuring that Colorado is able to sustain a quality public higher education system that is accessible and affordable for all its citizens. State Appropriations and Tuition per In-state Student FTE: FY2003 $30,000 $25,000 $20,000 $15,000 $10,000 $5,000 State Appropriation Resource Gap per FTE _ $10,121 ~`°h~9Ga~°~~aN~a~s ° ~Q,~'~a`° ~°~~~~`°sh~~°~;~Sb~~v~c9`~ os~~~~S'~a~ '~e o~o~aa° ~• V`~ S~~ ~a Q O Qe G Data source: Data compiled by the University of Virginia, from a January 2003 query to selected members of the American Association of Universities Data Exchange. *Includes only University of Colorado at Boulder data. 5 University o f ~t~l~(~t`~ (~ System Boulder • Colorado Springs • Denver • Health Sciences Center Office of the President Office of the Vice President for Budget & Finance University of Colorado • 35 SYS • Bolder, CO 80309-0035 303-492-5074 • www.cu.edu No taxpayer dollars were used in the publication of this paper. UNIVERSITY OF COLORADO-- FY 2005 Budget Priorities In the last three years, the University of Colorado has lost $79 M or 1/3 of its General Fund appropriations. CU General Fund appropriations are now at the same level that they were in FY 1995, though enrollment has increased by nearly 8,000 students over that same time period. This means state support per student has dropped by 43% since FY 1995. CU does not have the budgetary flexibility to sustain a fourth year of budget cuts. In addition, unfunded mandates such as Salary Survey, as well as other expenditures like increasing utility and insurance costs, have compounded the University's budget problems. ISSUES OF CONCERN FOR THE FY 2005 BUDGET ISSUE 1: If there is no General Fund increase and only a 1.1% inflationary increase in tuition, CU will have a $27 M shortfall in FY 2005. Budget shortfalls in FY 2005 may result in: program closures, enrollment caps, reduction of faculty and classified staff, larger class sizes, fewer course offerings, and increased time to graduation, resulting in higher education costs for students and their parents. Solution: Tuition Adjustments -Generate Additional Resident Tuition Revenue The chart below illustrates that CU will need on average an additional 13% in resident tuition increases on top of the inflationary increase to cover costs for JBC recommended Salary Survey for classified staff, corresponding increases for faculty and professional employees, utility & insurance increases and costs associated with enrollment increases. Solution: Enterprise Status This would take tuition out from under TABOR and allow tuition adjustments to occur without negatively impacting the state's budget. Tuition increases above inflation would no longer trigger additional TABOR refunds. CU FY 2005 BUDGET DILEMMA-A $27 M SHORTFALL $ in Millions $40 --- --------------~ _.._---~~_~ _------- --- -------- ---------- - $35 ~, ~ ~ Add'1 Enrollment ~3~ ~ ~ '~ ~ & Facilities ~ ~ ~ ~' ; . Expenses $25 O ~ ~ U 0 o ~ ' Utility Increases ~2~ ~ ~ o ~.o ~ .~ w ~ ~ $15 ~ ~ b Salary Survey N ro at 3% $10 Other Revenue No General ~5 Tuition fund increases Increase ~O 1.1% Additional Revenues Additional Expenditures ISSUE 2: If the General Assembly determines that they must make budget cuts in FY 2005, for every $10 M of General Fund cuts at CU, an additional 8% increase in resident tuition rate authority would be needed. ISSUE 3: CU is requesting tuition differentials to improve quality in specific academic and financial aid programs. These increases have been approved by the students and cannot be used to backfill any loss of General Fund. All tuition differential increases are earmarked for specific purposes. (Not included in Revenue and Expenditure Assumptions above.) UNIVERSITY OF COLORADO FY 2005 TUITION PROPOSAL To generate some of the needed additional revenue, the University of Colorado is proposing a restructuring of the tuition rates that will: • Limit resident tuition increases for undergraduate Arts 8~ Sciences and Education students to 7.4% plus inflation. This means that the majority of resident undergraduate student population would only have their rates increased by as little as $128 per semester. • Allow professional and graduate tuition rates to be market driven and better reflect the costs associated with delivering a graduate education. • Meet the requirements for the CCHE resident financial aid policy. RESIDENT UNDERGRADUATE TUITION • A 7.4% increase plus inflation for all undergraduate resident students who are registered as majors in the Colleges of Arts & Sciences and Education. • A 15.8% increase plus inflation for all undergraduate resident students who are registered in departments or colleges outside of Arts & Sciences and Education. (This would include professional programs such as engineering, business, & nursing) • Almost $3.0 M of the additional tuition revenue generated from these increases will be invested for institutional financial aid. • Examples of proposed Arts & Sciences tuition per semester rates (assumes ~. ~ /inflation): Campus FY 2004 Rate FY 2005 Rate $ Increase % Increase UCB $1,596 $1,732 $136 8.5% UCCS $1,512 $1,640 $128 8.5% UCD $1,514 $1,642 $128 8.5% NON-RESIDENT UNDERGRADUATE TUITION • An increase up to 6.0% for non-resident undergraduate students. • In coordination with CCHE, the institutions will determine the specific rate increases. • These increases will be market based and at UCB, rates could increase by as much as $585 per semester. GRADUATE TUITION • An increase up to 7.4% plus inflation for non-professional resident graduate students. • The proposed tuition rates would not exceed the average for resident rates of an institution's peer group. These increases would better reflect the cost for the delivery of a graduate education. An increase up to 6.0% for non-resident graduate students. An increase up to 25% for all professional resident graduate programs. Current professional resident tuition rates are not covering an appropriate share of their costs to deliver the programs. Note: The above tuition proposals assume that fhe tuition revenues generated from the University of Colorado does not count against the TABOR revenue limits. =`- An ~f,~c~ ~u~uu~ q: le •O ~ U.~tnl~ d' Q tTniversit~of - - -.- ~~~ _,S' stem - - F J ~ ~ i~ 4 , State enera~ Fund Pr®je~ts®nS ®tentia9 Impact t® ~ligheir Ed $3,soo This chart assumes: $3,000 ~ Current OSPB $2,soo projections o $2,00o m K-12 Amend 23 $i,soo requirements are met $i,ooo ~ 10-yr average $soo $83 growth for all $o agencies 2003 200 2005 2006 2007 2008 2009 ~ Higher education ~-K-12 Education receives balance of ~- Commons/Judicial funds ~FHealth/FIuman Services/Medicare ~~ Highe r Education Universi~yof __- - - ~ ~ ~~ { ~ ~ S' t~e~ _ 1 Yi~ar Cltangrs in Sritr.:li~iur~priatioiis ~ryr Iiighrr P~ck3rati<>n ,~~: t31 '. ,t 1.4'A ~i` C .. ~ r 3.896 r ~ ~ ~ a "^.•.+0 f " 'i-.l u s 594 ~ ~ , w +U "-,. ~i< ~ a,b~ .-?. + < ~~ t~ --+LS% to t ,_ ,r4 `~h ; ~ ~ ~ ~ ~ ~ [ ~ , - ~ z a ~~ -6,3?6 y ~~~ ~. t ~ -~s~M-~V ~ ~ ~.. - 0.~.- +-~ ; -1.~n. _ +i t ~:. ~ Colorado's . - ~ ; C~ ange ~. •., ' X2.035 ara; ann,~o ~ +7.5~ O.b~ ~ r L9Y C . ~ ,p m~ ® ~~ m O .... ...,..._..,...,.._......._...i .................... .i ~ ~ pea~a:~s SGUtC~• Cbnixfrx ehe Siu~! of F„~x3t~rn ~tAey; IlLraaS Sra- t!iti~~ty 1 __ :;,e :: Universi~yo~ ~~~ . -._ State budget ~Y19J®o ~2°S Human Other Services/HeaHh Corrections Care 10% 3% 23% z~. s t ~ r c ~. NC +~ `' ~ ,gher ,; K-12 oeral Education 4Z% Government 20% 2% State budget FV2®®4m ~5°7~ Human Other Services/Heakh Corrections Cate 12°/r 3"/c ~ 30% ~ ~' ~-~.,rr 'ry ~~~ ~~ ~~ ,# F~ k . - ~:;`- K-12 General 43% Government Htgher Education 1% 11% iversi ~9S ~°~ ~~ ~®ta LSC~~~to ~~3~~ Sales 8 Investment~er Cllnieal ICR $°rvioes 7.676 1.6%~ 1.0% Giles, Grants, 6.0%~~% ~ ContraCs Auxlllary .~ - .:~ -,~ 27.9% '' 7rq ~~ T _ `R~ 4, z ~rF~ 12 Tultlon S - Fees 23.7% State Approp 25.1 Source: FY7990 Annual Financial Report Auxiliary 7.4% Tuition 8 Fees 25.4% 2 I State Approp 9.6% Universityo f i ft3F3ial. s R. i i ~! budget ricllock ~orrriuDa 1. Taxpayers Bill of Rights (TABOR) -Adopted 1992 to limit the size and growth of government 2. Arveschoug-Bird -Compounding the state's revenue growth,by limiting GF operating appropriations to 6°lo annually 3. Gallagher Amendment -Passed 1982 to limit growth in property taxes 4~. Amendment 23 -Approved 2000 to provide minimum increases for K-12 education of inflation plus 1 % from FY02-11 of _ ~ i:_ „~ ~,~~~-~~~rr,,Y_ ~~,~ ~ret~ Legislative Agenda 1. Preserve higher education purchasing power 2. Pass Senate Bill 189 - a comprehensive higher education act that includes four components College Opportunity Fund ®Fee for Service performance Contracts ~ Enterprise Status 3. Achieve enterprise status 4. Referendum to amend TABOR, Amendment 23 or Gallagher If referendum unattainable- Use a ballot initiative to take higher education out from under TABOR 5. If all else fails... look for ways to attain greater autonomy 3 Universityof ~~, ~ ~-~ ~~ ~ stew '011 III ° I°'I0~1se BIII ~ ~2~ (Budget bill) Passed House, now in caucus, readings in Senate later this week No cuts + 1.1 % tuition Amendment: if an enterprise, may increase up to a max of 8% in tuition revenue for resident and non- resident students Challenge: ~27NI ~udgetary Sh®rt~fall (FYO4-o5) OrDCreases an c®stse Total Compensation (Salary Survey, Performance Pay, Health/Life/Dental); Utilities; Not covered for total comp, worker's comp, and risk management cost increases Universi ~~ ,~__ ~..m_-- - ~°®ba c ecuritizati®n Additional revenue (e.g. tuition, increase in tax collection) increases will trigger a TABOR refund Securitization could be used to pay for TABOR surplus One time funds Provide revenue source outside of TABOR Prevent a further ratchet effect 4 Universityof college ®pp®rtunity Fund (cOF), en~e ill 1 Passed the Senate, will be heard in the House on Wed. Ensure base-level funding for all resident students attending a public institution Grants to be used at CO public and not-for-profit private colleges and universities of their choice Could be linked to a student's major Take tuition out from under the restrictions of TABOR Governing boards eligible for enterprise status ~C.Tniversi~yof -~ _~, ~4~ ~~ ~~TS stem Refr = L®ng °rern' oDutimn Public I~iigber ~d Funding ballot initiative to reform l-ABOR and Amendment 23 -~ Colta.t,o~-+v~ so(~zi'i~l -Noz do a -®~ Allow the state to spend part of its tax revenues 1/Vill need approval by a vote of the people at November 2004 elections w' Z3 s Universi~tyof Cl~ aiding Principles for Reform Address reform without violating the single subject rule Eliminate TABOR refunds, for some period of time, and allocate the surplus 1 % of tax revenues into a rainy day fund Remainder to support K-12 and higher education Recalibrate the base year revenue growth calculations to 2000-2001 (last max. spending year) Allow state revenues grow to a less restrictive formula Eliminate TABOR ratchet permanently During an economic downturn, suspend some or all provisions of Amendment 23 other than enrollment ~.Tniversityof H®w ail®uld U `4ttaan Greater utn ll'ny~ Require legislation: Removing regulation and TABOR limitations Allowing us to own state-owned building Require substantial increase in non-state resources © Ten-fold increase in endowment Increase in-state tuition two to three times to replace general fund and increased aid to hold low and mid-level income student harmless New strategic approach to assuage brain drain and sustain quality 6 .~ + Page 1 of 2 the ®enver P®t perspective ~-r~ public ~~~~s near extincti®n? By Steven T. Golding At no time in its history has public higher education received such vast press coverage. The reason for the media's intense interest is it that public higher education may soon be extinct. Diminishing state support for public higher education may permanently change that system as we know it today. For the first time since 1993, The Chronicle of Higher Education recently reported, state support for public higher education fell in the aggregate $1.3 billion for fiscal year 2003-04. A study by Postsecondary Education Opportunity, an online education newsletter (www.postsecondary.org , found state investment in higher education fell by $3.36 per $1,000 of state personal income since 1976, representing a reduction in state investment in higher education of 64.4 percent, or $33.4 billion in 2004 dollars. Given the recent state of the national economy, annual reductions in state spending have become commonplace. Higher education is more vulnerable than other state agencies. It has traditionally been used to balance state budgets during periods of economic downturn. What is more disconcerting is the 30-year trend of reduced state investment for what is arguably this country's greatest resource and global competitive advantage. The root cause of this disinvestment in public higher education is the tremendous public pressure to reduce the size of state government. This pressure has led to constitutional and statutory limitations on state spending and tax revenues. Changing national demographics and federal mandates have precipitated demands for new services and forced the reallocation of limited state discretionary funding. Competing priorities - in the areas of corrections, preventive health care and K-12 education, among others -has left higher education with a decreasing share of the funding pie. While state support for public higher education was declining, the cost of providing a college education was accelerating to levels well in excess of state budget growth. One only has to consider some of the changes that have taken place in the last 30 years to understand this phenomenon. Over the last decade, U.S. News & World Report, in its annual rankings of the nation's colleges, has made students and their parents more discerning consumers, precipitating demands for competitive facilities and ranked academic programs. To be competitive, campuses across the country have initiated construction programs, new course offerings and higher salaries to recruit and retain world- class faculty. In 1975, technological innovations and the information age had not yet been contemplated, nor had the associated costs of providing students with access. New environmental regulations, student privacy rights and personal safety reporting standards are but a few examples of costly, yet critical, state and federal unfunded legislative mandates. And this is to say nothing of the more than 5.7 million additional students now attending public higher education institutions that were not present in 1975. Public higher education in large measure has survived because of innovative faculty and the use of http://www.denverpost.com/cda/article/print/0,1674,36%7E75%7E2056848,OO.htm1 4/5/2004 _ } Page 2 of 2 economies of scale. To generate new resources to offset declining state support and cover these new costs, public higher education turned to alternative revenue sources. Over the past 30 years, public higher education has grown its annual charitable gift receipts. In 2003, donations totaled almost $24 billion, and endowments added up to more than $61 billion. Public higher education has also become more entrepreneurial, increasing its sales of educational services through continuing education, distance education and executive education courses. Federal research and development funds have increased to well over $6 billion, providing critical support for campus-based laboratories, graduate and research fellowships and faculty salaries. The reality is that over the last 30 years, public higher education has been forced to become more self-reliant as state support has declined. While public higher education has effectively navigated the last three decades by leveraging these alternative revenue sources, one cannot presume the same will continue in the future without some significant public policy changes. Historically, states viewed tuition as the incremental resource public higher education required to fill the gap not covered by state support. This revenue stream in 2003-04 represents about 19 percent of the revenues that fund public higher education nationally. The question facing public policy makers today is whether they need to rethink the role of tuition in funding public higher education and whether there are viable strategies for doing so. There are three strategies under consideration in a number of states: The first strategy involves moving from slow-tuition, low-aid to ahigh-tuition, high-aid funding model to solve both declining state appropriations and access problems. Research has shown that such an approach can provide new resources to offset lost state funding, while generating increased support for financial aid for those with identified need. A second policy change under consideration in some states is to recognize that research and doctoral institutions have higher cost bases and should be permitted to set their tuition and fees in line with regional and national peers. Students assessing these institutions can base their decision to attend on program quality and rational economic choice. Finally, some states are considering letting graduate and professional programs set tuition at market rates under the belief that students should bear a higher proportional share of the associated costs. These programs are directly tied to career objectives and represent future monetary reward for the students. States that have already initiated such changes have not seen runaway tuition increases. The goal has been to provide assurances for the sustainability of public higher education well into the 21st century. Without public policy changes such as those contemplated above, the reality is that public higher education will not be able to compete with private and for-profit institutions, which are not encumbered by such artificial market constraints. Steven T. Golding is vice president for budget and finance at the University of Colorado. http://www.denverpost.com/cda/article/print/0,1674,36%7E75%7E2056848,OO.htm1 4/5/2004 Page 1 of 3 ' er~ver ®t perspective ~~~~~~ sal ~~ t~~® at fast ~®~ ~® By David H. Getches International critics view American institutions and policies under a microscope. Despite widespread criticism of the U.S., one thing experts tend to agree on is that American higher education is the best in the world. The European Commission published a study in January ranking the world's best universities. Of the top 50, 35 are American. But that dominance of quality higher education may be precarious. Our public investment in public higher education is decreasing, and some states are trying to cover the losses by raising tuition. Historically, the United States has invested heavily in higher education, devoting about 7 percent of gross domestic product to its support. Support has been strong not because we spend more per student but because so many Americans attend college. Our students understand that a college degree can enhance lifetime earning power up to an estimated $1 million. The strength of American higher education comes from a synergy of federal, state and private support. A recently published ranking of the world's universities puts private U.S. schools (Harvard, Stanford, Cal Tech) in the top three positions. But 18 of the top 50 in the world are American public institutions, including seven from the California system and the University of Colorado at Boulder (No. 31 among all institutions, 11th among public universities). Although public higher education is funded primarily by the states, federal aid to students, tax deductions for tuition and federal funding of research also benefit both public and private universities. And, the quality of public institutions depends increasingly on private support, particularly for "extras" and scholarships, although market downturns have reduced the value of endowments and donor generosity. Last year, half the states cut funding to universities, according to the State Higher Education Executive Officers organization. Colorado led the nation with a 26 percent reduction, while Oklahoma, South Carolina and Wisconsin suffered cuts of about 10 percent. Reaction to higher education budget cuts has included reducing costs by eliminating classes, increasing class sizes, cutting programs and eliminating faculty and staff. But American greatness in higher education rests on more than spending. The Economist magazine recently indicted universities in England and Europe as mostly "government-owned degree mills." America's recipe for greatness, the article said, includes diversity, competitiveness, selectivity and flexibility in setting tuition. By having diverse choices ranging from community colleges to flagship research universities, students of varying abilities and means have wide access to education in our country. And the best students can move among diverse types of colleges and universities. Competition reigns throughout the American system - in rigorous student admissions, brutal tenure processes, recruitment of top professors, private fundraising and creative program enhancement to meet student demands. In Europe, on the other hand, mediocrity is ensured by government supervision of "performance." http://-www.denverpost.com/cda/article/print/0,1674,-36%7E75%7E2056847,OO.htm1 4/5/2004 - . ----- Page 2 of 3 Unlike most European countries, where anyone who passes an exam is entitled to attend any school, universities here select students who meet standards they set and whose aptitudes and interests best fit the programs. Costs of attending colleges and universities vary in the United States, where institutions set their own tuition. The Economist argues that this allows costly curricula and high-demand fields like engineering, medicine and law to pay their way without hurting other fields or quality. In contrast, European governments effectively impose price controls. The benefits of allowing the market to work, as America does, include motivating students and making universities more responsive to "consumers." Despite that advantage, Congress debated a bill that would sanction colleges that raise tuition above limits to be set by the federal government. Rep. Scott McInnis, R-Colo., was instrumental in removing this initiative from congressional consideration. He argued that to "place federal price controls on colleges and universities" could "result in negative unintended consequences." He says that aknee-jerk reaction to regulate tuition ignores the reality that "public colleges and universities have been forced to raise tuition" because of drastic state budget cuts. Some question why tuition always seems to increase faster than inflation. The actual cost of educating students in public and private universities is much greater than tuition -usually more than twice tuition revenue. The rest comes from donations, endowments, research grants and state funding. If the contribution from those sources is static (or declining), and the entire cost of education increases at the same rate as the consumer price index, then tuition must rise at twice that rate to make up the difference. The pricing flexibility that characterizes American higher education is linked to a system of robust financial aid. But that is changing. The Pell Institute for the Study of Opportunity in Higher Education reports that state budget cuts are falling heavily on needy students through cutbacks in financial aid. This trend puts the accessibility of American higher education in doubt. Even without financial aid cutbacks, a significant disparity in access already exists. More than half of all students from families in the top 25 percent income bracket finish college, while only 4.5 percent of those in the bottom 25 percent get a degree. Tuition increases must be more than matched by financial aid increases if widespread college access is to survive. Saving America's primacy in higher education will depend on doing more of what we have always done: Maintaining or restoring public investment to ensure quality, expanding financial aid, and ensuring a variety of opportunities, from community colleges to research universities. Allowing institutions flexibility to meet varied student demands, to charge differing levels of tuition and to operate without the bureaucratic controls that plague European universities. Expanding private giving to both public and private universities. Even restored public funding will be unable to match rising enrollment and boost access for needy students. Maintaining diverse funding sources, options for students and competition will keep American higher education the best in the world. Slashing public funding to historic lows, as we have done in Colorado, and threatening government regulation of tuition are bound to undermine the nation's preeminence in higher education. __http://www.denverpost.com/cda/article/print/0,1674,36%7E75%7E2056847,OO.htm1 __4/5/2004 ____ Page 3 of 3 David H. Getches is dean of the University of Colorado School of Law. http://www.denverpost.com/cda/article/print/0,1674,36%7E75%7E2056847,OO.htm1 4/5/2004 NI~IIR~RSI'fl"~' ~F COLORADO Sl8 04-Il89 - ~®llege ®pportannity ~'u>~d Aet PLEASE SUPPORT SB 989 -COI= Public Nigher Education is at a critical juncture. A combination of recent budget cuts and increasing costs has put our budgets in serious jeopardy. TABOR and Amendment 23 restrict the state's ability to increase tuition to cover this deficit because tuition and enrollment increases are currently projected to trigger a TABOR general fund refund of approximately $900 million in 2005 while we are decimating higher education. THIS LEGISLATION IS A CRITICAL FIRST STEP IN SECURING FUNDING FOR HIGHER EDUCATIOiN IN COLOR,4D0 FOR THE SHORT AND LONG TER1Vl. Step 1: passing SB 189. Step 2: achieving enterprise status. Step 3: passing a ballot initiative to reform TABOR and Amendment 23. In the long term, much of this can be solved if a ballot initiative passes. This is the ultimate goal. lllllll/IEDIATE RELIEF IS NEEDED IN FY 2005. There is a very real threat that Colorado will not be able to provide any public funding for higher education by the end of this decade. We are literally faced with the end to public higher education in Colorado as we know it. Problem: In PY 2005, the University of Colorado's expenditures are expected to grow by approximately $27 l~l. A 1.1% tuition increase and no increases in general fund will not cover these mandated expenditures and will fforce to CU to make programmatic cuts at all four campuses that will impact all of CU's 52,000 students. Phis $27 M shortfall will occur with no General f=und cuts. After three years of significant budget cuts, CU cannot sustain even one more year of cuts without causing long-term damage to the quality of the institution. CU is at such a critical point that irreparable damage could occur in just one year. Long-term damage to the University of Colorado if not passed: Loss of excellent faculty ~ Loss of standing as top university ~ Most talented Colorado students leave state ~ Colorado businesses must import talent ~ Decades to reverse trend Solution: CU needs enterprise status this fiscal year Any ballot initiatives passed in 2004 will cause at minimum cone-year delay in enterprise status. SB 189 would allow CU and other eligible institutions to achieve enterprise status on July 1, 2004. Long=term benefits to the state iff passed: o In the next ten to twenty years, we want Colorado's institutions to continue driving the long-term strength of our region's economy. o We want to insure that Colorado has the opportunity to grow its own highly skilled workforce, and not have to import it from other states and nations. o With increased tuition flexibility, CU will be able to put more money into financial aid. SB 989 is the only option before us that will solve the problem in the timeframe needed. 56989 - COF LEGISLATION /S THE CRITICAL FIRST STEP IN THIS IMPORTi4NT PROCESS S~ 189 combines into one bill four interrelated pieces: 1. College ®pportunity i=und (C®~) 2. Performance Contracts 3. i=ee-for-Service Contracts 4. Enterprise Status Prepared by the Office of State and Federal Government Relations 4/1/2004 Contact Stephannie Finley 303-492-8218 II--Du~o--ueu- ~~~ac~$u®~ (I~la$a®~~~~y State Funding ~ ver the last several decades, states have seen their ~' higher education state appropriation reduced as a percent of personal income, falling from a high of $10.56 per $1,000 personal income in 1978 to $7.35 in 2003. Recently, this trend has been exacerbated with the economic downturns experienced by most states. According to a report prepared by the State Higher Education Executive Officers, in FY 2004, General Fund appropriations across the nation are expected to decline on average another 4.0 percent. From FY 1993 to FY 2003, Colorado has increased its General Fund appropriations to higher education on average 2.9 percent annually, whereas other states across the nation have increased General Fund appropriations 5.4 percent on average. This places Colorado 45th in average General Fund increases during this time period. Tuition Historically, according to the Washington State Tuition and Fee Report, tuition and fees at Colorado's flagship institutions have lagged the national average. In recent years, this trend has increased with Colorado's rates lag- ging 18.3 percent in FY 1997 and in FY 2003 falling further to 31.1 percent below the national average. The last two years have seen unprecedented tuition increases across the nation. Double-digit increases for the second year are expected in FY 2004. NASULGC conducted a survey of tuition increases and found that eight states raised tuition by more than 20 percent, with four of them raising tuition more than 30 percent. In Colorado, the commission adopted a policy to keep tuition and fee increases below 10 percent for FY 2004. G~~~u®~u~~ Vovuau~$uves it® A~~-u~ess ~a.aa~~u~n~ S~®o-~$~~Vs As a result of these funding constraints, new funding mechanisms are being sought. Public institutions are beginning to explore new relationships with their elected officials. These new relationships involve more autonomy for institutions while maintaining accountability to the public. These new relationships have come in the form of state enterprises, charters, contracts, or public-private hybrids, and even exploring the option of becoming completely private. The essence of these proposals is more control over tuition rate setting, creation of academic degree pro- grams, employment, and procurement. Institutions are seeking more autonomy to reduce costs and provide a higher quality education. This autonomy, however, does not come without a price. In return for additional flexi- bility, state legislatures are asking for formal agreements that require institutions to improve the quality of student learning, offer adequate financial aid, and increase graduation rates, especially those of low income or minority students. In some states, such as Texas and North Dakota, legislation has already been adopted. Similar discussions are taking place in Arizona, Florida, Iowa, Virginia, and Washington. Even the performance contract at the Colorado School of Mines has grabbed national headlines as a good example of this new fund- ing structure in higher education. SURVIVING FINANCIAL CHALLENGES IN COLORADO PUBLIC HIGHER EDUCATION C-Ilis~®u-ica9 S$a~ewide C=a.anc9i~g V~9eeds 5~~~~ ®ff ~eu~o~o~~V ~aauve9 45.00% .4°~0 43.Q°~0 40.00% -cam" ^ ^~"----^•~~~~s 35.00% 29 6°~0 30.00% 0 0 0 O O Q O O O O O O 25.00% 1°~00 O O 20.00% ° .203 ° 15.00% 101°I0 12301° 10.00% 1~ ~0~0 5.00% 0.00% FV FV FV Fl( FY FY FY Fl( FY FY Fl( FY Fl( FY Fl( 19901991 19921993199419951996199719981999 2000 2001 2002 2003 2004 ""`~"'° Higher Education O Health/Human Services ~- Judicial/Corrections ~ K-12 Education hanges to the state constitution and increasing case- loads at agencies like Human Services and Corrections have shifted resources that traditionally were appropriated to higher education. Since 1990, higher education's share of the state's General Fund appropria- tion has decreased from 20.3 percent to 10.5 percent. On average, higher education has grown 1.2 percent annually since 1990, whereas total state appropriations have increased 6.1 percent. In addition, General Fund appropriations to CU have slowed at a greater rate than the rest of higher education, with an average annual increase of 0.7 percent since 1990. State funding for K-12 must grow by at least inflation plus 1.0 percent between FY 2002 and FY 2011; after FY 2011, state fiinding must increase by at least inflation; creation of the State Education Fund, which was exempted from TABOR limits; the state must annually deposit into the fund one- third of 1.0 percent of Colorado taxable income, which is exempt from TABOR limits; and K-12 and Amendment 23 In 2000, the State of Colorado approved Amendment 23, which provides minimum annual increases for K-12 education: total appropriations for total program funding under the School Finance Act must increase by at least 5.0 percent in all years except when state personal income grows by less than 4.5 percent. SURVIVING FINANCIAL CHALLENGES IN COLORADO PUBLIC HIGHER EDUCATION I-listorical Statewide Funding Needs, continued In FY 2004, K-12 education constitutes 43.4 percent of the state's General Fund appropriations. It is now estimated that due to cutbacks in other areas, and the mandatory funding requirements of Amendment 23, appropriations to K-12 will comprise almost 50 percent of the state's budget in a few years. While over the last 15 years, K-12's percentage of the state budget has not changed dramatically, it is important to notice the change in percentage since the passage of Amendment 23. Since 2000, K-12's portion of the state budget has increased 3.3 percent, a substantial increase in a rela- tively short period of time. Department of Corrections Stricter sentencing laws have contributed to significant increases in the prison population, and thus require a greater percentage of the state's budget. Since FY 1990, corrections, including the public safety and judicial departments, have increased on average 7.6 percent annually, for an increase from $246.5 million in FY 1990 to $683.5 million in FY 2004. This trend is expected to continue with Legislative Council forecast- ing 6.0 percent growth in the prison population in FY 2004 and 5.2 percent per year for the following five years. HealthlHuman Services There are many demands on the Health/Human Services budget, mainly due to increasing caseloads. A primary driver in increased costs for these organizations is Medicaid. According to the Office of State Planning & Budgeting, Medicaid expenditures consist of the largest portion of the Health Care Policy & Financing budget, comprising more than $1.8 billion total funds or 13.4 percent of the state's total budget. These expenditures are expected to continue to increase with rising caseloads anticipated in FY 2004. The demands on the General Fund budget are significant, with Medicaid consuming $81.1 million of new General Fund in FY 2004, or 65.5 percent of the available new General Fund. Other services are experiencing increasing caseloads as well, including CHP+, the Colorado Indigent Care Program, Services for Adults with Developmental Disabilities, and Mental Health Programs. Higher Education As a result of the numerous pressures on the state budget, higher education's share of the state's General Fund has decreased every year since FY 1990. Higher education's share has decreased from 20.3 percent in FY 1990 to 10.5 percent in FY 2004. In FY 2004, higher education's General Fund budget is approximately $600 million. This appropriation, if adjusted for inflation, is lower than its levels in 1990, yet higher education has seen an increase of more than 22,000 resident students during this same timeframe. As higher education looks to the future, a new funding mechanism is necessary to ensure that the residents of Colorado can receive a quality education. SURVIVING FINANCIAL CHALLENGES IN COLORADO PUBLIC HIGHER EDUCATION State ~~~ds~~ C®nstu-avo~ts During the 1990s, the State of Colorado flourished ~' economically. Since FY 1990, the state's General Fund operating budget has increased 116.0 percent. As a result of this strong growth, the state was able to pro- vide tax cuts and increase funding for state agencies. Colorado adopted revenue and spending laws that are in some instances unique to the nation, including the Taxpayers Bill of Rights (TABOR) (revenue limit), the Gallagher Amendment (property tax amendment), Amendment 23, and the Arveschoug-Bird spending limit. Constitutional Limitations ~~u~ ~~~®ff$ A~n~ov~lovn~~o~ In 1992, the people of Colorado adopted the Taxpayers Bill of Rights, otherwise known as TABOR. Its stated purpose was to limit the size and growth of government and it contains at least four major provisions: 1. Requires voter approval for tax increases and the cre- ation of public debt. 2. Caps state revenues according to a formula that consists of population growth from the prior year plus inflation. 3. Pre-existing tax, debt, spending, and revenue limita- tions, whether by state statute or local ordinance, may not be made less restrictive except by a vote of the people. 4. Defines cash revenue to include tuition and fees Since revenue cannot grow at a rate greater than inflation plus population growth from the prior year, any revenues received in excess of the limit must be refunded. The allowable growth each year is calculated from the lower of either revenues received or the TABOR limit. Since 1992, the state triggered the refund mechanism by exceeding the TABOR's growth limit five times. During those years, the state refunded more than $3.2 billion in funding that would otherwise have been available for state services or capital construction. Compounding the state's limited revenue growth is the Arveschoug-Bird spending limitation statute that limits General Fund operating appropriations to 6.0 percent annually. ~~ne ~~VV~~V~aeo~ Ao~a~oe~n~9uu~ueu~t Passed by the voters in 1982, this amendment limits growth in property taxes, particularly increases for resi- dential property owners, and removes business and agri- cultural property from certain tax liabilities. The Gallagher Amendment had an immediate impact on local school districts. In Colorado, like other states, the property tax primarily supports local school dis- tricts. The combination of TABOR and Gallagher requires citizens to vote regularly to increase property tax rates in order to keep up with the growth of infla- tion and enrollment. The lack of local funding became a larger issue to the state in 1994, when the legislature passed the School Finance Act requiring that the state backfill any decline in local dollars available for public schools. Over the past two decades, school districts' share has fallen from 60 percent to 39 percent, with the state increasing its share from 40 percent to 61 percent. In FY 2004, K-12 education amounted to 43 percent of the state's General Fund budget. If changes are not made in the near future, the Gallagher Amendment could have an indi- rect impact on the General Fund available for higher education. ~u~neov~u'u'o~ovi~ 23 In 2000, the State of Colorado approved Amendment 23, which provides minimum annual increases for K-12 education. For detailed information on this Amendment, please refer to the Historical Statewide Funding Needs section. SURVIVING FINANCIAL CHALLENGES IN COLORADO PUBLIC HIGHER EDUCATION i/\/I~a$ ®oesTlhis ~e~~ ~oo^ 0-~lig&~e~- 0=c9a.~ca~ior~ i~ ~oiou-ado? I1-Vu~l~~u- ~~llaa~~~u®ov ~e~r~uva.a~ s®auo~~~s $80,000 18.00% $70,000 16.00% 14.00% $60,000 ~~ $50,000 - 12.00% $40,000 ~- ~ - _ 10.00% ,_- _ ~ ~,~~~~"~~__ 8.00% $30,000 `' 6.00% $20,000 ~, _ , •. 4.00% $10,000 I 2.00% $0 ' ILA ~- ~- _~ ~ ~_ ~ _ _~_ 0.00% FY FY FY F1( FY FY FY FY FY FY 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 Median Income ~~~ Tuition as a Percentage of Median Income-Research Universities • - Tuition as a Percentage of Median Income-Four-Year Institutions - o Statewide GF/SFTE as Percentage of Median Income ~- Tax Burden as Percentage of Median Income n the late 1980s, higher education relied predomi- nantly on state General Fund support (59.0 percent) and cash funds from tuition and fees (41.0 percent). Today, higher education is increasingly relying on cash funds to support its operation, with reliance on General Fund dropping to 47.2 percent and reliance on tuition and fees increasing to 52.8 percent. General Fund In most years during the 1990s, the state increased General Fund appropriations by the rate of inflation plus enrollment growth, as well as occasional special General Fund proposals initiated by various governing boards. According to the Colorado Commission on Higher Education's policy, General Fund appropriations are intended to cover approximately 70 percent of the cost of educating a resident student. In recent years, higher education has fallen behind inflation with an average annual increase of 1.2 percent since FY 1990. Additionally, once inflation is factored out, higher edu- cation General Fund decreased almost 1.7 percent in real dollars from FY 1990 to FY 2004. This decline in real dollars has come at a time when higher education has seen steady growth in its resident student popula- tion, which has increased on average more than 1.3 per- cent annually since 1990, for an increase of more than 22,000 students. Tuition and Fee Rater During the past five years, resident undergraduate tuition has increased on average 2.6 percent annually since FY 1998. Since the passage of TABOR, the state has sought to keep tuition growth low in an effort to reduce the state's total TABOR refund obligation. In addition, the Commission has adopted a policy to ensure that average resident undergraduate tuition rates are affordable, covering between 25 and 30 percent of the cost of the academic program. SURVIVING FINANCIAL CHALLENGES IN COLORADO PUBLIC HIGHER EDUCATION What ®oes~his Mean for' 0-Bigher Education in Colorado?, continued In the mid 1990s, the state kept resident tuition increases exceptionally low through a mechanism referred to as a tuition buy-down. The state "bought- down" tuition rates using increased General Fund appropriations. Today, with the exception of the com- munity colleges, Colorado has some of the lowest ttuition rates in the country. ~uitioo~ and i=ees es a ~ert-~ernt o$ Me~ieu~ C-9ousehoBd irncoe~a-oe Resident undergraduate full-time tuition and mandatory student fees have declined as a share of the state's medi- an household income during the past decade. Tuition and fees have fallen: At public research universities from 8.8 percent of median household income in 1991 to 7.3 percent in 2002. At public 4-year institutions from 4.9 percent of median household income in 1991 to 4.6 percent in 2002. o Increasing utility costs; ® Rising insurance costs; New security costs mandated after September 11; and m Information technology infrastructure. Effect of State Policy Decisions on Funding for Higher Education Today, the combination of a weak economy and the statutory and constitutional restrictions on the state budget has resulted in declining available General Fund appropriations for higher education. However, despite the public perception that tuition has increased signifi- cantly over the last decade, tuition is proven to take a smaller portion of an average Colorado citizen's median income today than in 1995. This is the result of tuition and fees counting as state "cash" revenues under TABOR, thus limiting higher education's ability to generate tuition and fee revenue, not by market condi- tions but by restrictions imposed by the state. At public 2-year institutions from 3.3 percent of median income in 1991 to 2.9 percent by 2002. Cost to ®per~ate Orastitantioru oiF B-Diglher IE~a~catiorn In the last decade, the decline in state funding coupled with artificially low tuition rates has reduced higher education's purchasing power. Exacerbating this situa- tion is the increase in fixed cost of services necessary to educate students. Factors that contribute to increasing costs to universities in general include an increase in the number of part-time or "non-traditional" students, increasing instructional expenditures, increasing costs of technology, increasing demand for facilities, increas- ing institutional financial aid budgets, and increasing need for remedial education. Examples of some of the costs that have exceeded higher education's rate of growth include: As a result of the state's efforts to keep tuition low, at a time from 1995 to 2004, when median family incomes have increased 50.8 percent, and the tax burden on the average household has declined 15.8 percent. State sup- port for higher. education as a percentage of median income has declined, with General Fund support for the entire Department of Higher Education being reduced from a high of $770.6 million in FY 2002 to $591.0 million in FY 2004. SURVIVING FINANCIAL. CHALLENGES IN COLORADO PUBLIC HIGHER EDUCA"rION i/i/~at ®®es~~ais N~111e~u-~ you- Cam? rnce FY 1995, General Fund appropriations to the `three general University of Colorado campuses increased $2.4 million or 1.6 percent. This translates to an average annual increase of 0.2 percent each year for the last 10 years or, in real dollars, 22.7 percent less funding than in 1995. Tuition In recent years, Colorado has increased tuition and fees to offset General Fund reductions. In FY 2004, tuition and fees increased from 8.5 to 13.1 percent at each of CU's general campuses. Despite these large increases, in FY 2004 tuition remains affordable. Over the last 10 years, tuition and fees have increased on average 5.5 per- cent to 8.0 percent on each of CU's general campuses. After adjusting for inflation, tuition remains affordable, increasing on average 1.6 percent to 3.6 percent. Combining the slow rate of tuition growth and the slow rate of growth of General Fund appropriations, means that CU is more affordable today than in the past. Over the last 10 years, CPI has increased on average 2.9 per- cent while the average increase in total funding (General Fund and tuition and fees) per student has decreased between 0.9 and 1.5 percent at CU. Enrollment Further exacerbating funding limitations over the last 10 years has been the increase in enrollment at each campus, ranging from 1.5 percent or 2,237 students on the Boulder campus to 5.1 percent or 2,079 students on the Colorado Springs campus. Adjusting total funding for inflation, the university has seen an increase of 5,429 students and a combined total decrease of X1,890 per student at CU. ~~u~~o~es ulro ~anlro~llulro~ ~ ~Irolr®~Vlr>ruelroir ~~ ~~ 6.00% 5.00% 4.00% 3.00°/a 2.oo°i° t.oo°i° 0.00% -t.oo°i° -2.00% Funding Compared to CU's Peers Further complicating the university's ability to remain competitive with its peer institutions is the funding gap that already exists. In total funding, the University of Colorado lags its peer institutions by a substantial margin: UCB $10,121 per student behind its peers UCCS X2,605 per student behind its peers UCD $4,034 per student behind its peers UCHSC X15,406 per student behind its peers Given the economic reality of the Colorado state budget and the statutory limitations placed on the executive and legislative branches, it now seems evident that a new funding mechanism is necessary to ensure that state higher education institutions receive the essential funding required to educate resident students. This becomes particularly evident when one looks at the competitive resources gap that exists between each of the university's campuses and their peer institutions on aper-student basis. SURVIVING FINANCIAL CHALLENGES IN COLORADO PUBLIC HIGHER EDUCATION Boulder Colorado Springs Denver 'r ~ Change Resident SFTE Change GF, Tuition & Fees ~®te~tuaB S®~a..~ta®u~s bsent changes to TABOR, including Arveschoug- '" ~` Bird, Amendments 23, and Gallagher, the most practical solution to the state's budget dilemma is to remove higher education from the TABOR calculation and restructure the relationship between the governing boards and the state. To accomplish this, the legislature would need to adopt a comprehensive higher education act that includes College Opportunity Funds, enterprise status for institutions of higher education, and perform- ance-based contracts. The following concepts are cur- rently being discussed among the Colorado Commission on Higher Education and the leaders of public higher education. College Opportunity Funds (COF) would ensure base-level funding for all resident students attending a public instiattion of higher education. These grants would be provided to resident students for use at Colorado public colleges and universities of their choice. The amount of the grants could be directly linked to a student's major by an algorithm that lim- ited the state's financial liability while providing a student sufficient time to earn a degree. The COF would be student-directed and the funding would allow governing boards to be eligible for enterprise status-therefore removing the cash funds to the institutions from TABOR. Enterprise status would allow greater management and regulatory flexibility, along with an ability to set tuition rates within legislatively prescribed limits. Enterprise status would also permit institutions to bond against tuition and fee revenue in order to address critical capital priorities when state funding is not available. Performance contracts would be negotiated individu- ally with each of Colorado's public higher education governing boards and would define the limits of each institution's enterprise status. As is the case with the Colorado School of Mines, such a contract could sta- bilize General Fund appropriations, set parameters for future tuition increases, and provide accountability for General Fund support in addition to the COF. Performance contracts could also establish greater management flexibility that differentiated among Colorado's public higher education institutions with- in their legislatively prescribed role and mission statutes. The University of Colorado System, along with the other Colorado public higher education governing boards, is at a crossroad. These three proposals offer the best path for insuring that Colorado is able to sustain a quality public higher education system that is accessible and affordable for all its citizens. SURVIVING FINANCIAL CHALLENGES IN COLORADO PUBLIC HIGHER EDUCATION