HomeMy WebLinkAbout1990-10-16 Support Documentation Town Council Regular Session VAIL TOWN COUNCIL
REGULAR MEETING
TUESDAY, OCTOBER 16, 1990
7:30 p.m.
AGENDA
1. CITIZEN PARTICIPATION
2. County Commissioners Candidate Campaign Statements
3. Public Hearing - Use of Town-Owned Mountain Bell site for
Affordable Housing.
4. Consent Agenda
A. Ordinance #34, Series of 1990, second reading, an ordinance amending
Section 5.04.040 B.1. to provide for bed and breakfasts to pay the
same rate for an annual business license fee and to be treated in the
same manner as short term rental business within the Town of Vail; and
setting forth details in regard thereto.
B. Ordinance #35, Series of 1990, second reading, an ordinance amending
3.40.020 and providing a definition of construction materials to the
definition section of the sales tax ordinance of the Town of Vail; and
setting forth details in regard thereto.
5. Ordinance #36, Series of 1990, an ordinance repealing and reenacting
Section 18.52.160, Parking Exemptions and repealing Section 18.52.180,
variances of the Town of Vail Municipal Code and setting forth the
details in regard rthereto.
6. Ordinance #37, An ordinance amending section 18.04.130, the definition
of floor area, gross residential (GRFA), Section 18.09.080 density
control-hillside residential district; Section 18.10.090 density
control-single-family district; Sub-section 18.12.090 (A) density
control-two family residential district; Sub-section 18.13.080 (A)
density control--primary/secondary residential district and setting
forth the details in regard thereto.
7. Ordinance #38, Series of 1990, annual appropriation ordinance:
adopting a budget and financial plan and making appropriations to pay
the costs, expenses, and liabilities of the Town of Vail, Colorado,
for its fiscal year January 1, 1991, through December 31, 1991, and
providing for the levy assessment and collection of town ad valorem
property taxes due for the 1990 tax year and payable in the 1991
fiscal year.
8. Ordinance #39, Series of 1990, an ordinance authorizing the issuance
by the Town of Vail, Colorado, of its short-term promissory note
(Firstbank Line of Credit), in the maximum principal amount of
$1,000,000, to evidence the Town's obligation to repay a line of
credit, when drawn upon, from Firstbank for the purpose of providing
funds to maintain an adequate fund balance in the Town's General Fund
to enable the Town to pay the ordinary and necessary expenses;
prescribing the form of said promissory note; providing fpr the
payment of said promissory note from moneys deposited to the Town's
General Fund and legally available for the-payment thereof; providing
other details in connection with said promissory note and providing
further details in relation to the foregoing.
9. Proclamation - A Proclamation designating October 20-28, 1990, as
"Red Ribbon Week in the Nat ion."
10. Resolution #22, Series of 1990, a resolution opposing proposed
Amendment #1 of the Colorado Constitution.
11. Resolution #23, Series of 1990, a Resolution opposing Congressional
mandate of Social Security and Medicare coverage.
12. Appointment of Vail Town Cou_ncil's representative to the Vail Valley
Marketing Board.
13. Adjournment.
VAIL TOWN COUNCIL
REGULAR MEETING
TUESDAY, OCTOBER 16, 1990
7:30 p.m.
EXPANDED AGENDA
7:30 1. CITIZEN PARTICIPATION
7:35 2. County Commissioner Candidate's Campaign Statements
7:55 3. Public Hearing - Use of Town-Owned Mountain Bell Site for
Affordable Housing.
Action Requested of Council: Council approval of concept of
making portions of the Mountain Bell site available for
development of affordable housing.
Background Rationale: The Town of Vail has received a $6
million dollar private activity bond allocation for 1990
from the State. The Town received this allocation based
upon a.development proposal submitted to the Town by Tom
Campbell of Professional Development Corporation, Memphis,
Tennessee. Under this proposal, Professional Development
would construct 120 housing units. Of these 120 units, 20%
or 24 units, must be set aside for individuals earning 80%
or less of median income for Eagle County. Professional
Development has identified the Mountain Bell site as one of
three sites on which to construct a portion of the 120
units. The other two sites are privately owned. The range
of units proposed to be constructed on the Mountain Bell
site is 48 to 65.
Staff Recommendation: Staff is supportive of long term
leasing the Mountain Bell site for a period of 15 years to
allow the construction of these affordable housing units.
8:20 p.m. 4. Consent Agenda
Sally Lorton A. Ordinance No. 34, Series of 1990, second reading, an
ordinance amending Section 5.04.040 B.1. to provide for bed
and breakfasts to pay the same rate for an annual business
license fee and to be treated in the same manner as a short
term rental business.
Action Requested of Council: Approve/deny Ordinance No. 34,
Series of 1990, on second reading.
Background Rationale: This ordinance is to provide for the
same licensing requirements for bed and breakfast operations
and short term rental operators. Currently, bed and
breakfast operators are required to purchase a business
license, but short term rental operators are not, if they
operate less than three units.
Staff Recommendation: Approve Ordinance No. 34, Series of
1990, on second reading.
Sally Lorton B. Ordinance No. 35, Series of 1990, second reading, an-
ordinance amending 3.40.020 and providing a definition of
construction materials to the definition section of the
sales tax ordinance.
Action Requested of Council: Approve/deny Ordinance No. 35,
Series of 1990, on second reading. -
Background Rationale: Construction materials are exempt
from sales tax if a building permit has been issued for the
project. There have been questions as to what the Town
considers construction materials; this definition should
clarify the ordinance.
-Staff Recommendation: Approve Ordinance No. 35, Series of
1990, on second reading.
8:35 5. Ordinance #36, Series of 1990, an ordinance repealing and
Kristan Pritz reenacting Section 18.52.160, Parking Exemptions and
Tom Braun repealing Section 18.52.180, Variances, of the Town of Vail
Municipal Code and setting forth the details in regard
thereto.
Action Requested of Counci: Approve or deny amendments
proposed to the pay-in-lieu parking program.
Background Rationale: These amendments establish specific
conditions under which the parking program may be utilized.
The PEC voted 6-0 to approve this ordinance.
Staff Recommendation: Approve ordinance on first reading.
9:05 p.m. 6. Ordinance #37, Series of 1990, an ordinance amending Section
Kristan Pritz 18.04.130, the definition of floor area, gross residential
Tom Braun (GRFA); Section 18.09.080 density control-hillside
residential district; Section 18.10.090 density
control-single-family district; Sub-section 18.12.090 (A)
density control-two family residential district; Sub section
18.13.080 (A) density control-primary/secondary residential
district and setting forth the details in regard thereto.
Action Requested: Approve or deny amendments proposed to
the GRFA system.
Background/Rationale: These amendments represent the
culimination of input received during the past three months
of meetings. The PEC voted 6-0 to approve this ordinance.
Staff recommendation: Approval of ordinance #37 on first
reading.
9:35 p.m. 7. Ordinance #38, Series of 1990, annual appropriation
Steve Barwick ordinance: adopting a budget and financial plan and making
Ron Phillips appropriations to pay the costs, expenses, and liabilities
of the Town of Vail, Colorado, for its fiscal year January
1, 1991, through December 31, 1991, and providing for the
levy assessment and collection of town ad valorem property
taxes due for the 1990 tax year and payable in the 1991
fiscal year.
Background Rationale: This ordinance adopts a budget and
financial plan and makes appropriations to pay the costs,
expenses, and liabilities of the Town of Vail for its 1991
fiscal year. Per State statutes, the Town's use of Highway
Users Taxes and lease/purchase financing plans will be
discussed.
Staff Recommendation: Approve Ordinance #38 on first
reading.
~ 9:40 p.m. 8. Ordinance #39, Series of 1990, an ordinance authorizing the
issuance by the Town of Vail, Colorado, of its short-term
promissory note (Firstbank Line of Credit), in the maximum
principal amount of $1,000,000, to evidence the Town's
obligation to repay a line of credit, when drawn upon, from
Firstbank for the purpose of providing funds to maintain an
adequate fund balance in the Town's General Fund to enable
the Town to pay the ordinary and necessary expenses;
prescribing the form of said promissory note; providing for
the payment of said promissory note from moneys deposited to
the Town's General Fund and legally available for the
payment thereof; providing other details in connection with
said promissory note and providing further details in
relation to the foregoing. .
Action Requested of Council: Approve/deny/modify
ordinance #29, Series of 1990, on first reading. .
Background Rationale: The Town may need to borrow money for
operating funds in December, 1990, or early January, 1991.
This is due to the fund balances being reduced to their
current level.
Staff Recommendation: Approve Ordinance #39 on first d
reading.
9:45 p.m. 9. Proclamation - National Red Ribbon Campaign dedicating the
week of October 20 - 28, 1990, as Red Ribbon Week.
9:50 p.m. 10. Resolution #22, Series of 1990, a resolution opposing
proposed Amendment #1 of the Colorado Constitution.
9:55 p.m. 11. Resolution #23, Series of 1990, a resolution opposing
Congressional mandate of Social Security and Medicare
coverage. .
10:00 p.m. 12. Appointment of Vail Town Council's representative to the
Vail Valley Marketing Board.
10:05 p.m. 13. Adjournment.
- a~nc,c~
ORDINANCE N0. 34
Series of 1990 -
AN ORDINANCE AMENDING SECTION 5.04.040 B.1. TO
PROVIDE FOR BED AND BREAKFASTS TO PAY THE SAME RATE
FOR AN ANNUAL BUSINESS LICENSE FEE AND TO BE TREATED IN
THE SAME MANNER AS~A SHORT TERM RENTAL BUSINESS WITHIN -
THE TOWN OF VAIL; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town Council believes that it is equitable to treat the short term
rental business and the bed and breakfast business in the same manner for the
purposes of the Town of Vail annual business license fee.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO:
1. Section 5.04.040 B.1. is hereby amended to read as follows:
An annual business license fee shall be paid by every person doing business
within the Town in accordance with the following schedule:
1) Short term rentals and bed and breakfast operations. Any person who
engages in the short term rental of either accommodation units or dwelling units to
one who uses, possesses, or have the right to use or possess such accommodation unit
or dwelling unit, and any person who engages in a bed and breakfast operation as
that term is defined in Section 8.58.310 of this Code shall pay a fee as follows:
a) If the management office is located in Zone 1, a flat fee of
three hundred twenty-five dollars ($325.00) and in addition, a fee of seventeen
dollars ($17.00) for each unit located in Zone 1. And an additional fee of twelve
dollars and seventy-five cents ($12.75) per unit for each unit located in Zone 2.
b) If the management office is located in Zone 2, a flat fee of two
hundred forty-three dollars and seventy-five cents ($243.75) and an additional fee
of seventeen dollars ($17.00) per unit for each unit located in Zone 1, and twelve
dollars and seventy-five cents ($12.75) per unit for each unit located in Zone 2.
c) Persons who short term rent no more than two (2) units and people
who have a bed and breakfast operation which rents no more than two (2) units shall
be exempt from the provisions of this Chapter.
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, heretofore repealed.
INTRODUCED, READ AND APPROVED ON FIRST READING this day of ,
1990, and a public hearing shall be held on this Ordinance on the day of
1990, at 7:30 p.m. in the Council Chambers of the Vail
Municipal Building, Vail, Colorado. ~ '
Ordered published in full this day of ~ 1990.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of 1990.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
-2-
~~-i
ORDINANCE N0. 35
Series of 1990
AN ORDINANCE AMENDING 3.40.020 AND PROVIDING A
DEFINITION OF CONSTRUCTION MATERIALS TO THE DEFINITION
SECTION OF THE SALES TAX ORDINANCE OF THE TOWN OF VAIL;
AND SETTING FORTH DETAILS IN REGARD THERETO.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO:
1. Section 3.40.020 of the Municipal Code of the Town of Vail is hereby
amended by the addition of a new Section E. Construction Materials to read as
follows:
3.40.020
E. CONSTRUCTION MATERIALS.
"Construction Materials" means tangible personal property which, when
combined with other tangible personal property, loses its identity to become an
integral and inseparable part of a complete structure or project including public
and private improvements. Construction materials include, but are not limited to,
such things as asphalt, bricks, builder's hardware, caulking material, cement,
concrete, conduit, electric wiring and connections, flooring, glass, gravel,
insulation, lathe, lead, lime, lumber, macadam, mill work, oil, point, piping,
pipebouts, and pipe fittings, plaster, plumbing fixtures, putty, reinforcing mesh,
roadbase, roofing, sand, sanitary sewer pipe, sheet metal, site lighting, steel,
stone, stucco, tile, trees, shrubs, and other landscaping materials, wallboard, wall
coping, wallpaper, weather stripping, wire netting and screen, water mains and
meters, and wood preserver. The above materials, when used for forms, or other
items which do not remain as an integral or inseparable part of a completed
structure or project are not construction materials. Construction materials do not
include such things as: carpeting, equipment, furniture, removable fixtures, window
coverings, or similar items.
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, heretofore repealed.
INTRODUCED, READ AND APPROVED ON FIRST READING this day of ,
1990, and a public hearing shall be held on this Ordinance on the day of
1990, at 7:30 p.m. in the Council Chambers of the Vail
Municipal Building, Vail, Colorado. •
Ordered published in full this day of 19.90.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of 1990.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
-2-
y M
11 TO: Town Council
FROM: Department of Community Development/Tom Braun
DATE: October 16, 1990
RE: Amendments to the Pay in Lieu Parking Program
I. INTRODUCTION
The parking section of the zoning code has allowed for certain
areas of the Town to be designated exempt from on-site parking
requirements since 19'13. It was not until 1982, in conjunction
with the adoption of the Village and Lionshead Urban Design Guide
Plans, that the present parking program was established. The
purposes, of the. program ,are to minimize vehicular traffic in the
pedestrian areas of the Village and Lionshead and allow property
owners an alternative .for meeting parking demand that may be
created by remodels or infill development in these areas. To
achieve these goals, the program requires property owners to pay
for parking demand created by new development in lieu of
providing parking on-site.
There are two main issues with the program that are addressed by
these amendments:
1. Any property located in the CCI or CCII zone districts
is required to participate in this program. However,
there are many properties, particularly in Lionshead,
that are located a considerable distance from the Mall
'and have vehicular access that does not affect the
pedestrianized area of the Mall. Allowing these
properties to pay in lieu of providing parking on-site
is inconsistent with the goals of the program.
2. As written, any property in CCI and CCII can remove
existing on-site parking and pay into the parking fund
to compensate for the spaces. There are benefits to
removing spaces from the Village core, however, there
are many other properties where the removal of existing
spaces will provide no public benefit.
The entire pay in lieu parking program, as outlined in section
18.52.160, will be repelled and reenacted. The most significant
change to this section is that the Village and Lionshead will be
addressed separately. The amendment will also set forth the
specific conditions in which the parking program may be used to
satisfy parking requirements in these two areas.
1
II. SUMMARY OF CHANGES
The following is a brief summary of the major changes proposed to
the parking program.
Paraaraph A.
The introduction has been expanded and a purpose statement for
the parking program has been added. An additional finding
(compliance with' the fiown's Master Plan), to be made by the
Council when exempting an area has also been added. The
..reference to loading areas has been deleted because this program
is implemented for parking spaces only.
Paraarach B.
Paragraph B lists the two approved exempted areas, the Village
and Lionshead, and specifies how the program can be used in these
areas.' The only change to Vail Village is that the Lodge at
Vail, Lodge Tower Condominiums, Mill Creek Court Building,
Village Center and the Sonnenalp will not be able to utilize the
program to remove existing spaces. In addition, if existing
development on these parcels is demolished and subsequently
rebuilt, new `parking. demand would be met by providing parking on-
ste. These properties have. been singled out because they have
vehicular access that does not directly impact the Village Core.
These properties would still utilize the parking program for any
parking demand created by additions, remodels, etc. It shou~.d be
noted that the Sonnenalp was previously not eligible to
participate in the Parking Program.
There are many changes to how the program will be implemented in
Lionshead. First, the area eligible for participation in the
program has been reduced to properties with frontage on the
Lionshead Mall. Second, the program can only be used for meeting
parking demand created by new development or a change of use -
the program cannot be used to compensate for removing existing
spaces. Finally., if a property is demolished and rebuilt, the
parking demand cannot be met through payment into the program.
The reason for this last change is that if-a building is
demolished, it is then feasible to construct additional off-
street parking on-site.
Paragraph C.
This paragraph outlines details pertaining to the implementation
of .the .program. A number of these changes simply consolidate and
reorganize how information is presented. The payment schedule
has been changed from the anniversary of the building permit to
the .anniversary of the first payment, the property owners
signature is now required on the promissory nose (if the
applicant is not the owner), and a provision requiring a minimum
payment of $1,000 per space has been deleted.
2
1
While fees assessed by the parking program have been discussed,
the current fees of $3,000"per."'commercial" space and $5,000 per
"residential" space are not changed by"this amendment. A Town
Council work session to discuss the fee structure is scheduled
for October 23. If they are to be made, changes to the parking
..fees will not be known until after this meeting. The staff would
like to proceed with amendments to this section of the code as
proposed, and initiate any changes to the fee structure at a
later date.
Implementing the. changes proposed by these amendments would not
be affected by subsequent changes to the fee structure.
Section 18.52.180
This section of the parking regulations states that any parking
variance shall be required to contribute to the parking fund.
This section essentially implies that "pay in lieu" can be done
anywhere. in the Town through the variance process. This
provision is in direct conflict with the purpose of the parking
program. The section should be deleted.
The Parking Program Overlay Maps referred to in the Ordinance
will be presented Tuesday evening. Reduced copies of these maps
will accompany the Ordinance and will be completed prior to
second reading.
3
ORDINANCE NO. 36
Series of 1990
- AN ORDINANCE REPEALING AND REENACTING SECTION 18.52.160,
PARKING EXEMPTIONS AND ,REPEALING SECTION 18.52.180,
VARIANCES OF THE TOWN OF VAIL MUNICIPAL CODE AND
SETTING FORTH THE DETAILS IN REGARD THERETO.
WHEREAS, the parking exemption section is in place to
minimize vehicular traffic in certain areas and provide property
owners in certain areas an alternative for satisfying parking
demand created by new development; and
WHEREAS, amendments to the parking exemption section are
necessary to ensure the utilization of the program is consistent
with its purpose; and
WHEREAS, in accordance with Section 18.66.140, the Planning
and Environmental Commission held a public hearing on the
proposed amendments to Section 18.52, Off-Street Parking and
Loading, and has submitted its recommendation to the Town
Council; and
WHEREAS, The Town Council has held a public hearing as
required by Chapter 18.66 of the Vail Municipal Code.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1
Section 18.52.160 is hereby repealed and reenacted to read as
follows:
18.52.160 PARKING EXEMPTIONS
A. There are unique areas in certain parts of the Town
that will benefit by prohibiting the construction of
new off-street parking facilities and by the gradual
elimination of existing off-street parking facilities.
The Town Council may exempt certain areas from the off-
street parking standards that require off-street
parking to be located on site if alternative means will
meet the off-street parking needs of the area. The
purposes of exempting an area from off-street parking
standards are to reduce vehicular traffic in
pedestrianized areas and provide property owners in
pedestrianized areas an alternative for satisfying
parking demand created by new development.
1
Property owners or applicants in exempted areas shall
satisfy parking requirements by paying a fee in lieu of
providing off-street parking on site. In recognition
of the unique characteristics of these areas, specific
conditions and limitations on the use of the Parking _
Program may be imposed on an exempted area. The Town
Council may initiate a hearing to declare an area
exempt from off-street parking requirements on its own
motion, or a petition to declare an area exempt may be
filed by a property owner. Upon making of such motion,
or filing of such petition, the Town Council shall
consider the proposal in accordance with Sections
18.66.130-~60 of this code. Prior to exempting any
area from the off-street parking requirements of this
chapter, the town council shall determine the
following:
1. That the exemption is in the interests of the area
to be exempt and in the interests of the town at
large;
2. That the exemption will not confer any special.
privilege or benefit upon properties or
improvements in the area to be exempted, which
privilege or benefit is not conferred on similarly
situated properties elsewhere in the Town;
3. That the exemption will not be detrimental to
adjacent properties or improvements in the
vicinity of the area to be exempt;
4. That suitable and adequate means will exist for
the provision of public, community, group. or
common parking facilities; and for financing,
operating and maintaining such facilities; and
that such parking facilities shall be fully
adequate to meet the existing and projected needs
generated by all uses in the area to be exempted;
5. That the exemption of any area shall be consistent
with applicable elements of the Vail Comprehensive
Plan.
B. The Town Council finds that the Vail Village area and
the Lionshead area meet the criteria in Section
18.52.160 (A), and are declared to be exempt areas with
the following conditions and limitations:
1. Vail Village
a. Owners of all property located in areas A and
B, as indicated on the Vail Village Parking
Program Overlay Map (attached as exhibit A
2
and incorporated into this ordinance by
reference), shall be required to pay a fee in
lieu of providing off-street parking to
satisfy parking requirements created by
additions, new development, or any change of _
use, as required by this chapter.
b. In order to reduce vehicular traffic in the
pedestrianized area of the Vail Village,
property owners or applicants located in Area
A of the Vail Village Parking Program Overlay
Map, shall be entitled to pay a fee in lieu
of providing on-site parking as required by
this chapter upon the removal of existing
' off-street parking spaces.
c. Property owners or applicants in Area B of
the Vail Village Parking Program Overlay Map
shall not be entitled to pay a fee in lieu of
providing on-site parking as required by this
chapter upon the removal of existing off-
street parking spaces. In the event existing
development on property located in Area B of
the Vail Village Parking Program Overlay Map
is demolished and subsequently redeveloped,
the property owners shall meet the off-street
parking requirements of this chapter for such
redevelopment with off-street parking.on-site
and shall not be entitled to pay a fee in
lieu thereof.
2. Lionshead
a. Owners of all property indicated on the
Lionshead Parking Program Overlay Map
(attached as exhibit B and incorporated into
this ordinance by reference) shall be
required to pay a fee in lieu of providing
off-street parking to satisfy parking
requirements of this chapter created by
additions, new development or any change of
use.
b. Property owners or applicants located on the
Lionshead parking Program Overlay Map shall
not be entitled to pay a fee in lieu of
providing on-site parking as required by this
chapter, upon the removal of existing off-
street parking spaces.
c. In the event existing development on property
located in the Lionshead Parking Program
Overlay Map is demolished and subsequently
3
redeveloped, the property owners shall meet
the off-street parking requirements of this
chapter for such redevelop*_aent with off-
street parking on-site and shall not be
entitled to pay a fee in lieu thereof.
C. Where property owners required or permitted by the
provisions of this section to pay a fee in lieu of
providing off-street parking, the fee shall be
calculated and paid as follows:
1. The parking fee for uses listed in section
18.52.100, with the exception of dwelling units or
accommodation units, shall be three thousand
dollars per space. The fee for dwelling and
accommodation units shall be five thousand dollars
per space. The parking fee for uses not listed in
Section 18.52.100 shall be established by the Town
Council. When a fractional number of spaces
results from the application of the parking
requirement schedule (Section 18.52.100), the.
parking fee shall be calculated using that
fraction. This applies to the calculation of the
parking fee and not for on-site requirements.
2. For additions or enlargements of any existing~~
building or change of use that would increase the
total number of parking spaces required, an
additional parking fee will be required only for
such addition, enlargement or change of use and
not for the entire building or use. No refunds
will be paid by the Town to the applicant or
owner.
3. The owner or applicant has the option of paying
the total parking fee at the time of issuance of a
building permit or paying over a five-year period.
If payment is to be made over a five year period,
the first payment shall be paid on or before the
date the building permit is issued. Four annual
payments will be due to the Town of Vail on the
anniversary of the first payment. Interest of ten
percent per annum shall be paid by the applicant
on the unpaid balance.
If the owner or applicant chooses to pay the fee
over a five year period, he or she shall be
required to sign a promissory note which describes
the total fee due, the schedule of payments, and
the interest due. In the event the applicant is
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not the owner of the property, the owner of record
shall also sign the promissory note.
4. If any parking funds have been paid in accordance
with this section and if subsequent thereto a
special or general improvement district is formed
and assessments levied for the purpose of paying
for parking improvements, the payor shall be '
credited against the assessment with the amount
previously paid.
5. The parking fee established by the Town Council
shall treat all similarly situated owners and
applicants equally. If any payor~s funds are not
used by the Town for one of the purposes specified
in 18.52.16 B. 6., within five years from the date
of payment, the unused portion of the funds shall
be returned to the payor upon his or her
application. In accounting for funds expended
from the parking fund, the Finance Department
shall use a first in/first out rule.
6. The parking fund established in this section shall
receive and disburse funds for the purpose of
conducting parking studies or evaluations, the
construction of parking facilities, the
maintenance of parking facilities, the payment. of
bonds or other indebtedness for parking ~ ,
facilities, and administrative services relating
to parking.
Section 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.
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 inhabitants thereof.
Section 4
The repeal or the repeal and reenactment of any provisions of the
Vail Municipal Code as provided in this Ordinance shall not
affect any right which has accrued, any duty imposed, any
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violation that occurred prior to the effective date hereof, any
prosecution commenced,~nor any other action or proceeding as
commenced u7der or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall
not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 5
All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are hereby 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, heretofore repealed.
INTRODUCED, READ AND PASSED ON FIRST READING THIS day of
1990, and a public hearing shall be held on this
Ordinance on the day of , 1990 at 7:30 p.m.
in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
Ordered published in full this day of 1990.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED
PUBLISHED this day of , 1990.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
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j TO: Town Council
FROM: Department of Community Development
Tom Braun
DATE: October 16, 1990
RE: Amendments to Gross Residential Floor Area
I. INTRODIICTION: REASONS FOR AMENDMENTS
The.bulk and mass of residential development has
historically been controlled by building height and site
coverage regulations. A limit on square footage,
traditionally used to control density for non-residential
development, has increasingly been used by communities as a
third factor in controlling building bulk and mass. These
zoning tools are used in Vail and each plays a role in
ultimately defining the scale of residential development in
the town.
In.addition to the well documented problems of enforcement
and administration, the ability of these regulations to
effectively control bulk and mass has been questioned.
Existing inadequacies in site coverage and gross residential
floor area (i.e. loopholes), have become evident over the
past few years. Generally, the problems with the Town's
bulk and mass controls are:
GRFA The existing "credit system" creates many
administrative problems and the definition does not
effectively limit the development of floor area.
Site Coverage The organization of site coverage
.regulations is confusing and the definition allows for
development in excess of the regulation's intent.
Building Heiaht While there are some isolated
difficulties in measuring building height, these
problems were. not considered a high priority and are
not addressed as a 'part of this amendment process. It
should be noted, however, that during the public
meeting process a number of architects requested very
slight increases in allowable building height for
structures on steep slopes.
Amendments to site coverage and GRFA are designed to
.simplify administration, close loopholes and prevent
development that is inconsistent with the intent of the
regulations. In quantified terms, the following amendments
propose little change to existing regulations. The maximum
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allowable site coverage is still 20~ of the site area and
GRFA essentially remains a .25 ratio of building to site
- area (for single family, two family and primary/secondary
lots). Amendments- center around definition changes that
clarify how-site coverage and GRFA will be measured.
Amendments to GRFA and site coverage were presented to the
PEC at their October 8th meeting. Amendments to site
coverage have been tabled for further discussion. However,
the staff and Commission feel-amendments to GRFA are ready
for consideration by-the Council. The accompanying .
:ordinance outlines the proposed amendments to GRFA. These
changes are. essentially what was discussed at the last
Council/PEC worksession. One exception is that the amount
of GRFA to be "built back into the ratio" has been increased
from 4'25 to 475 square feet per unit. This increase was
prompted. by discussion at the last Task Force meeting. This
memo assesses the ramifications of these amendments and the
rational for~what has been proposed.
II. THE GRFA RATIO
The proposed GRFA definition does two things, first, it
simplifies. the method of calculating GRFA by eliminating all
allowances and credits (with the exception of garages) and
by including all floor area within the exterior walls of a
structure in GRFA calculations. Secondly, the definition
reduces the amount of square footage that can be built on a
lot. The resulting reduction in GRFA is not an objective of
this effort and therefore the following modifications to the
GRFA ratio are proposed in order to compensate for the
decrease in allowable GRFA.
In terms of how GRFA is measured, the following changes will
be made through this amendment (square footage indicated is
on a per unit basis):
Credits Credits for storage (200 sq. ft.), airlocks
(25 sq. ft.) and mechanical (50 sq. ft.) space will be
eliminated. Square footage for these credits (275 sq.
ft. per unit), will be added to the GRFA ratio on a per
unit basis but only if the unit is constructed. In the
past, credits were given based on the allowable number
of units per lot. For example, on a duplex lot, if
only one unit was built, the owner could still utilize
400 sq. ft. of storage, even if the second unit was not
constructed.
Stairwells and Elevator Shafts, Under the existing
definition, stairwells and elevator shafts are counted
as GRFA at the lowest level only. The proposed
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' definition will count stairwells and elevator shafts at
each level. based on minimum building code
requirements for stairs, 150 square feet will be added
to-the GRFA ratio.
"Covered Roofs or Decks" Covered or roofed spaces that
are enclosed by no more than 3 walls and that are less
than 25$ open will now count as GRFA (See GRFA
definition, item No. 4).
'Habitable Snace" The term "habitable space" has been
eliminated from the GRFA definition. This term allowed
the construction of "void spaces" throughout units.
Crawl Snace and Attics The proposed GRFA definition is
` designed to count everything within the enclosing walls
of a structure as GRFA. The only areas not calculated
as GRFA are attics and crawl spaces that satisfy floor
to~ceiling height requirements (See GRFA definition
items Nos 2 and 3). This is essentially unchanged from
existing regulations. A 12 sq. ft. opening is allowed
to access the crawl space, instead of the current nine
sq. ft.
Miscellaneous SAaces Interior spaces such as vents,
flues, fireplaces, landings and bay windows now count
as GRFA. 50 sq. ft. has been added to the GRFA ratio
to compensate for this change. .
Measurements Square footage is still measured from
the interior face of exterior walls. However, the
"interior face" has been clarified to prevent wall
modifications designed to reduce square footage.
Garage Allowance, This is the only "credit" remaining
~in the proposed system. No change is proposed to this
section. A single family lot would have a maximum
garage allowance of 600 sq. ft. A primary/secondary
or duplex lot may have a garage allowance of up to 1200
sq. ft. even if only one unit is constructed as the
allowance is based on allowable units.
While the actual numbers will vary due to building design,
it is estimated that under the proposed GRFA definition, if
no compensatidn were made for square footage, approximately
950 square feet of floor area would be taken away from each
duplex and P/S lot in the Town. This 950 sq. ft. number is
based on the following existing credits, average stairwell
area, and void areas:
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Duplex,
Primary/Secondary or~
Sinctle Family Hillside Residential
Storage Credit 200 sq. ft. 400 sq. ft.
Airlock Credit 25 sq. ft. 50 sq. ft.
Mechanical Credit 50 sq. ft. 100 sq. ft.
Overlapping Stairs 150 sq. ft. 300 sq. ft.
Flues, Vents, Bay Windows 50 sq. ft. 100 sq. ft.
Total 475 sq. ft. 950 sq. ft.
In order to compensate for square footage which would be lost if
the proposed amendments are adopted, it is necessary to modify
the existing GRFA calculations by building 950 square feet back
into the system for each duplex and p%s lot and 475 square feet
for each single family lot. Caretaker units allowed in certain
single family zone districts or hillside residential zone
districts will also be allowed to utilize 475 sq. ft.
Increasing the existing .25 GRFA ratio is the most direct way to
add square footage to a lot. Allowable GRFA is based on lot
size; the larger the lot, the more GRFA allowed. As a result, it.
is difficult, if not impossible to modify the existing ratio so
that all lots receive 950 square feet or 475 sq. ft. increasing
the ratio will "award" more square footage to larger lots than
smaller ones.
While many alternatives have been studied for building this
square footage back into the system, the most equitable way to
compensate for the reduction in square footage under the new
definition is to add 475 square feet per unit to the existing .2~~
ratio. Essentially this is what is now being done now under the
existing credit system.
Language for Amendments to they GRFA ratio:
The recommended alternative will amend the density control
section of the Two-Family, Primary/Secondary and Hillside
Residential zone districts to read:
1. Density Control - Primary/Secondary and Two-Family Zone:
Districts
Not more than a total of two dwelling units shall be
permitted on each site with only one dwelling unit permitted
on lots less than fifteen thousand square feet.
The following GRFA shall be permitted on each site:
a. Twenty-five square feet of GRFA for each one
hundred square feet of the first fifteen thousand
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square feet of site area; plus
b. Ten square feet of GRFA for each one hundred
square feet of site area over fifteen thousand
square feet, not to exceed thirty thousand square
feet of site area; plus
c. Five square feet of GRFA for each one hundred
square feet of site area in excess of thirty
thousand square feet.
In addition to the above, four hundred seventy-five square
feet of gross residential floor area (GRFA) shall be
permitted for each constructed dwelling unit.
2. Density Control - Single Family
Not more than one dwelling unit shall be permitted on each
site.
The following GRFA shall be permitted on each site:
a. Twenty-five square feet of GRFA for each one
hundred square feet of the first twelve, thousand
five hundred square feet of site area; plus
b. Ten square feet of GRFA for each one hundred
square feet of site area over twelve thousand five
hundred square feet.
In addition to the above, four hundred seventy-five square
,feet of gross residential floor area (GRFA) shall be
permitted for each constructed dwelling unit.
3. Density Control - Hillside Residential
Not more than one dwelling unit plus one caretaker unit
shall be permitted on each site.
The following GRFA shall be permitted on each site:
a. Twenty square feet of GRFA for each one hundred
square feet of the first twenty-one thousand seven
hundred eighty square feet of site area, plus
b. Five square feet of GRFA for each one hundred
square feet of site area over twenty-one thousand
seven hundred eighty square feet.
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In addition to the above, four hundred seventy-five square .
feet of gross residential floor area (GRFA) shall be
permitted for each constructed dwelling unit.
III. IMPLICATIONS OF THESE AMENDMENTS
Approval of these amendments raises the question of how they will.
affect approved but.unbuilt projects and projects that are in the
review process. Unless clarified by the Council, these
_amendments will take effect five days after the publication of
the ordinance following second reading approval. If approved on
first and second reading, the amendments could take effect as
early as November 14. ~Some~provision should be added to the
ordinance clarifying how these changes will affect these types of
projects that are "in process".
There .are a variety of alternatives for when these amendments
could take affect. The staff would like to see them implemented
as soon as possible, while making some allowances for projects
that are in process. This issue will be discussed at Tuesday's
meeting and finalized in the ordinance for second reading.
There is at least one example of an existing SDD (The Dauphinais
.Subdivision, SDD No. 22) where GRFA on single family lots is
established by ordinance. In this case, the project is affected
by the GRFA definition change, but does not benefit from the new
GRFA ratio (because the GRFA is set by ordinance). Amendments to
this SDD will be initiated to modify the permitted GRFA or
"grandfather" the use of existing credits.
IV. RECOMMENDATION
When evaluating these amendments, it is important to understand
the purpose, and limitations of zoning regulations. A basic
premise of zoning is that regulations apply uniformly to all
projects and all parcels throughout the Town. While this assures
consistent treatment, it does not account for unique site
characteristics or unique design proposals. Development must
"fit" into the parameters established by the zoning regulations.
As a result, there is a limit to what zoning can do to control
and define development that will occur in Vail. There will
always be examples of development that "seems appropriate" or
"acceptable", but does not fit zoning standards. Likewise, there
will be development that meets zoning standards, but for other
reasons may be considered "unacceptable". In the case of the
former, .the variance process is in place to review proposals that
deviate from zoning requirements. In the latter situation,
Vail's design review guidelines provide a final measure of
control over development.
6
Design review and the variance process provide both flexibility
and control .in the development review process - a level of
flexibility and control not found in zoning standards. Design
review and the variance process are the mechanisms available to
respond to unique or special circumstances. There will always be
sites with unique characteristics (physical hardships), that will
warrant relief from zoning standards. Likewise, design review
provides an avenue for modifying an inappropriate design that
otherwise satisfies zoning standards.
While !'field testing" has been done during the development of
these regulations, there is no way to definitively state what
. impact these proposals will have on new development. There are
unique circumstances. involved in every development, and no single
zoning regulation can be expected to address every situation that
may arise. Zoning controls provide a framework for guiding
development. The design guidelines, and to a lesser degree the
variance process, will ultimately determine the characteristics
of new development.
Amendments to the GRFA and site coverage definitions may not
solve every "perceived" problem with development in Vail. Some
may consider these changes a further encumbrance on development,
while others may regard them as not going far enough to control
development.
In evaluating these amendment proposals, it is important to
consider the underlying goals of this effort:
1. To clarify the intent of the regulations; and
2. To simplify the administration of the regulations; and
3. To close the loopholes inherent in existing regulations.
The proposed amendments will accomplish these goals and
objectives.
These proposed amendments mark the first step towards the
comprehensive revision of the Town of Vail Zoning Code. Many
other amendments will be presented over the next year.' These
amendments will be accomplished based on a work program as
defined by the staff, PEC and Council.
V. PEC ACTION ON THIS PROPOSAL
The PEC recommended approval of this amendment proposal by 6-0
vote. While the vote was unanimous, not all elements of this
proposal were supported by all members of the Commission.
Nonetheless, the Commission felt this proposal would dramatically
improve the GRFA system. Three commissioners, while in support
7
of the amendments, requested the following comments be related to
the Council:
Kathy Warren - felt the additional 100 square feet added
into the GRFA ratio is unnecessary.
Diana Donovan - felt the .amendments should move forward, but
does not support adding 475 square feet to the development
potential of a duplex lot if only one unit is built.
Dalton Williams - felt that the credit for garages should be
awarded on a per unit basis, i.e. a single family
development on a duplex zoned lot should only get up to a
600 square foot credit.
wp:pecgrfa
10/13/90
8
' Policies on the Interpretation of
Gross Residential Floor Area and Site Coverage
The following policy statements shall be used by the Department
of .Community Development for calculating gross residential floor
area and site coverage. The purpose of these policies is to
highlight significant changes in the calculation of GRFA and site
coverage and clarify interpretive issues inherent in these new
definitions.
GRFA
1. Allowable garage area is awarded on a "per space basis",
with a maximum of two spaces per allowable unit. Each
garage space shall be designed with direct and unobstructed
vehicular access. All floor area included in the garage
credit shall be contiguous to a vehicular space.
2. Interior walls are included in GRFA calculations. For
duplex and Primary/Secondary structures, common party walls
shall be considered exterior walls.
3. Bay windows, fireplaces and mantels shall be included in
GRFA calculations.
4. Vaulted spaces and areas "open to below" are not included in
GRFA calculations.
5. At the discretion of the Director of Community Development
. and. the Chief Building Official, crawl spaces created by a
"stepped foundation" with a floor to ceiling height in
excess of five feet may be excluded from GRFA calculations.
Site Coverage
1. Bermed structures with portions of building elevations
visible on any side, shall be included in site coverage
calculations. totally underground structures that do not
alter the natural topography of a site, shall not be
included in site coverage calculations.
2. "Cut-outs" in roof overhangs shall be included in site
coverage calculations.
3. A deck that is covered shall be counted as site coverage.
The area for site coverage shall extend from the building
face out to the railing. A four foot eave is allowed beyond
the railing. If a roof eave extends beyond the point of the
railing by more than four feet, the additional eave shall
also count as site coverage.
ORDINANCE NO. 37
Series of 1990
AN ORDINANCE REPEALING AND REENACTING SECTION 18.04.130,
THE DEFINITION OF FLOOR AREA, GROSS RESIDENTIAL (GRFA),
SECTION 18.09.080 DENSITY CONTROL---HILLSIDE RESIDENTIAL
°.DISTRICT, SECTION 18.1.0.090 DENSITY CONTROL--SINGLE-FAMILY
DISTRICT, SUB-SECTION 18.12.090 (A) DENSITY CONTROL--TWO
FAMILY RESIDENTIAL DISTRICT, SUB-SECTION 18.13.080 (A)
DENSITY CONTROL--PRIMARY/SECONDARY RESIDENTIAL DISTRICT
AND SETTING FORTH THE DETAILS IN REGARD THERETO.
WHEREAS, Gross Residential Floor area is an important tool
for controlling the level of development in the Town; and
WHEREAS, modifications to the Gross Residential Floor Area
system are necessary to ensure its effectiveness; and
WHEREAS, in accordance with Section 18.66.140, the Planning
and Environmental Commission held a public hearing on the
proposed amendments, and has submitted its recommendation to the
Town Council; and ,
WHEREAS, the Town Council has held a public hearing as
required by Chapter 18.66 of the Vail Municipal Code.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1
Section 18.04.130, the definition of floor area, gross
residential, is hereby repealed and reenacted to read as follows:
18.04.130 Floor area, cross residential GRFA)
Gross residential floor area (GRFA) means the total square
footage of all levels of a building, as measured at the
inside face of the exterior walls (i.e. not including
furring, sheetrock, plaster and other similar wall
finishes). GRFA shall include, but not be limited to,
elevator shafts and stairwells at each level, lofts,
fireplaces, mechanical chases, vents, storage areas. Attics,
crawl spaces and roofed or covered decks, porches, terraces
or patios shall also be included in GRFA, unless they meet
the provisions of paragraph A below.
A. Within buildings containing two or fewer dwelling
units, the following areas shall be excluded from
calculation as GRFA:
1. Enclosed garages of up to three hundred (300)
square feet per vehicle space not exceeding a
maximum of two spaces for each dwelling unit
permitted by the zoning code.
2. Attic space with a ceiling height of five feet or
less, as measured from the top side of the
structural members of the floor to the underside
of the structural members of the roof directly
above. Attic area created by construction of a
roof with truss-type members will be excluded from
calculation as GRFA provided the trusses are
spaced no greater than thirty inches apart.
3. Crawl spaces accessible through an opening not
greater than twelve square feet in area, with five
feet or less of ceiling height, as measured from
the surface of the earth to the underside of
structural floor members of the floor/ceiling
assembly above.
4. Roofed or covered decks, porches, terraces, patios
or similar features/space with no more than three
exterior walls and a minimum opening of not less
than 25~ of the lineal perimeter of the area of
said deck, porch, terrace, patio, or similar
feature/space provided the opening is contiguous
and fully open from floor to ceiling, with an
allowance for a railing of up to three feet in
height.
GRFA shall be calculated by measuring the total square
footage of a building as set forth in Section 18.04.130
above. Excluded areas as set forth in paragraph A
shall then be deducted from total square footage.
B. Within buildings containing more than two allowable
dwelling or accommodation units, the following
additional areas shall be excluded from calculation as
GRFA:
1. Garages;
2. Solar heating rock storage areas;
3. Mechanical areas;
4. Common hallways, common closets, lobby areas,
stairways and common enclosed recreational
facilities not exceeding a maximum of an amount
equal to twenty percent of the allowable GRFA
permitted on the lot. Any square footage which
exceeds the twenty percent maximum will be
included in the calculation of GRFA;
5. All or part of an airlock not exceeding a maximum
of twenty-five square feet per allowable dwelling
unit.
Section 2
Section 18.09.080, Density Control in the Hillside Residential
District is hereby repealed and reenacted to read as follows:
7
18.09.080 Density Control
Not more than two dwelling units plus one caretaker unit
shall be permitted on each site.
The following GRFA shall be permitted on each site: ,
a. Twenty square feet of GRFA for each one hundred square
feet of the first twenty-one thousand seven hundred
eighty square feet of site area; plus
b. Five square feet of GRFA for each one hundred square
feet of site area over twenty-one thousand seven
hundred eighty square feet.
In addition to the above, four hundred seventy-five square
feet of gross residential floor area (GRFA) shall be
permitted for each constructed dwelling unit.
On any site containing two dwelling units, one of the units
shall not exceed twelve hundred square feet of gross
residential floor area (GRFA). This unit shall not be
subdivided or sold separately from the main dwelling. This
unit may be integrated into the main dwelling or may be
integrated within a garage structure serving the main unit,
but shall not be a separate free standing structure.
Section 3
Section 18.10.090 Density Control in the Single Family District
is hereby repealed and reenacted to read as follows:
Section 18.10.090 Density Control
Not more than one dwelling unit shall be permitted on each
site.
The following GRFA shall be permitted on each site:
a. Twenty-five square feet of GRFA for each one hundred
square feet of the first twelve thousand five hundred
square feet of site area; plus
b. Ten square feet of GRFA for each one hundred square
feet of site area over twelve thousand five hundred
square feet.
In addition to the above, four hundred seventy-five square
feet of gross residential floor area (GRFA) shall be
permitted for each constructed dwelling unit.
No single family residential lot except those located
entirely in the red hazard avalanche zone or the flood plain
shall be so restricted that it cannot be occupied by one
single family dwelling.
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Section 4
Sub-section 18.12.090~(A) Density control in the Two Family
Residential District is hereby repealed and reenacted to read as
follows:
18.12.090 Density Control
A. Not more than a total of two dwelling units shall be
permitted on each site with only one dwelling unit
permitted on lots less than fifteen thousand square
feet.
The following GRFA shall be permitted on each site:
a. Twenty-five square feet of GRFA for each one
hundred square feet of the first fifteen thousand
square feet of site area; plus
b. Ten square feet of GRFA for each one hundred
square feet of site area over fifteen thousand
square feet, not to exceed thirty thousand square
feet of site area; plus
c. Five square feet of GRFA for each one hundred
square feet of site area in excess of thirty
thousand square feet.
In addition to the above, four hundred seventy-five
square feet of gross residential floor area (GRFA).
shall be permitted for each constructed dwelling unit.
No Two-Family residential lot except those located
entirely in the red hazard avalanche zone, or the
floodplain, or those of less than fifteen thousand
square feet shall be so restricted that it cannot be
occupied by a Two-Family dwelling.
Section 5
Subsection 18.13.080 (A) Density Control in the Primary/Secondary
Residential District is hereby repealed and reenacted to read as
follows:
18.13.080 Density Control
A. Not more than a total of two dwelling units shall be
permitted on each site with only one dwelling unit-
permitted on lots less than fifteen thousand square
feet.
The following GRFA shall be permitted on each site:
a. Twenty-five square feet of GRFA for each one
hundred square feet of the first fifteen thousand
square feet of site area; plus
b. Ten square feet of GRFA for each one hundred
square feet of site area over fifteen thousand
square feet, not' to exceed thirty thousand square
feet of site area; plus
c. Five square feet of GRFA for each one hundred
square feet of site area in excess of thirty
thousand square feet.
In addition to the above, four hundred seventy-five
square feet of gross residential floor area (GRFA)
shall be permitted for each constructed dwelling unit.
No Primary/Secondary residential lot except those
located entirely in the red hazard avalanche zone, or
the floodplain, or those of less than fifteen thousand
square feet shall be so restricted that it cannot be
occupied by a Primary/Secondary dwelling.
Section 6
If any part, section, subsection, sentence, clause or phrase of
this Ordinance is for any reason held to be invalid, such
decision shall not affect the validity of the remaining portions
of this Ordinance; and the Town Council hereby declares it would
have passed this Ordinance, and each part, section, subsection,
sentence, clause or phrase thereof, regardless of the fact that
any one or more parts, sections, subsections, sentences, clauses
or phrases be declared invalid.
Section 7
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 inhabitants thereof.
Section 8
The repeal or the repeal and reenactment of any provisions of the
Vail Municipal Code as provided in this Ordinance shall not
affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any
prosecution commenced, nor any other action or proceeding as
commenced under or by virtue of the provision 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.
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Section 9
All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are hereby 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, heretofore repealed.
INTRODUCED, READ AND PASSED ON FIRST READING THIS day of
1990, and a public hearing shalt be held on this
Ordinance on the day of , 1990 at 7:30 p.m.
in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
Ordered published in full this day of , 1990.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED
PUBLISHED this day of 1990.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
6
ORDINANCE N0. 38
Series of 1990
' ANNUAL APPROPRIATION ORDINANCE: ADOPTING A BUDGET AND
FINANCIAL PLAN AND MAKING APPROPRIATIONS TO PAY THE COSTS,
EXPENSES, AND LIABILITIES OF THE TOWN OF VAIL, COLORADO,
' FOR ITS FISCAL YEAR JANUARY 1,.1991_THROUGH DECEMBER 31, 1991
AND PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION OF
TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 1990 TAX YEAR
AND PAYABLE IN THE 1991 FISCAL YEAR.
WHEREAS, in accordance with Article IX of the Charter of the Town
of Vail, Colorado, the Town Manager prepared and submitted to the Town
Council a proposed long-range capital program for the Town and a proposed
budget and financial plan for all Town funds and activities for the 1991
fiscal year; and
WHEREAS, notice of public hearing on the proposed Town budget and
capital program was published on the 5th day of October, 1990, more than
seven days prior to the hearing held on the 16th day of October, 1990
pursuant to Section 9.5 of the Charter; and
WHEREAS, it is necessary for the Town Council to adopt a budget
and financial plan for the 1991 fiscal year, to make appropriations for the
amounts specified in the budget, and to provide for the levy, assessment
and collection of Town ad valorem property taxes due for the 1990.year and
payable in the 1991 fiscal year.
NOW, THEREFORE, be it ordained by the Town Council of the Town of
Vail, Colorado, that:
1. The procedures prescribed in Article IX of the Charter of the
Town of Vail, Colorado, for the enactment hereof have been fulfilled.
2. Pursuant to Article IX of the Charter, the Town Council
hereby makes the following annual appropriations for the Town of Vail,
Colorado, for its fiscal year beginning on the first day of January, 1991,
and ending on the 31st day of December, 1991:
FUND AMOUNT
General Fund $12,926,288
Capital Projects Fund 7,243,057
Conservation Trust Fund 8,000
Real Estate Transfer Tax 1,805,318
Special Parking Assessment 274,000
Heavy Equipment Fund 1,366,099
Police Siezure Fund 58,000
Debt Service Fund 4,776,183
Health Insurance Fund 559,000
Lionshead Mall Debt Service 49,750
Vail Marketing Fund 638,500
Drug Free Eagle Valley 12,000
West Vail Debt Service Fund 7,150
Total: 29,723,345
Less Interfund Transfers: <7,213,151>
Total Budget $22,510,194
-1-
3. The Town Council hereby adopts the full and complete Budget
and Financial Plan for the 1991 fiscal year for the Town of Vail, Colorado,
which are incorporated by reference herein and made part hereof, and copies
of said public records shall be made available to the public in the
Municipal Building of the Town.
4. For the purpose of defraying part of the operating and
capital expenses of the Town of Vail, Colorado during its 1990 fiscal year,
the Town Council hereby levies a property tax of 6.43 mills upon each
dollar of the total assessed valuation of $287,796,460 for the 1990 tax
year of all taxable property within the Town, which will result in a gross
tax levy of $1,850,531 said assessment shall be duly made by the County of
Eagle, State of Colorado, and directs Revised Statutes (1873 as amended)
and as otherwise required by law.
5. This Ordinance shall take effect five days after publication
following the final passage hereof.
INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED
ONCE IN FULL THIS 16th day of October , 1990, and a public .hearing
on this Ordinance shall be held at a regular meeting for the Town Council
of the Town of Vail, Colorado on the 16th day of October ,
1990, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building,
Vail, Colorado.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
INTRODUCED, READ ON SECOND READING, APPROVED AND ORDERED
PUBLISHED this day of
1990.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
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J
ORDINANCE N0. 39
AN ORDINANCE AUTHORIZING THE ISSUANCE BY THE TOWN
OF VAIL, COLORADO, OF ITS SHORT-TERM PROMISSORY
NOTE (FIRBTBANK LINE OF CREDIT), IN THE MAXIMUM
PRINCIPAL AMOUNT OF $1,000,000, TO EVIDENCE THE
TOWN'S OBLIGATION TO REPAY A LINE OF CREDIT, WHEN
DRAWN UPON, FROM FIRSTBANK FOR THE PURPOSE OF
PROVIDING FUNDS TO MAINTAIN AN ADEQUATE FUND
BALANCE IN THE TOWN'S.G~NERAL FUND. TO ENABLE THE
TOWN TO PAY THE ORDINARY AND NECESSARY EXPENSES;
PRESCRIBING THE FORM OF SAID PROMISSORY NOTE;
PROVIDING FOR THE PAYMENT OF SAID PROMISSORY NOTE
FROM MONEYS DEPOSITED TO THE TOWN'S GENERAL FUND
AID LEGALLY AVAILABLE FOR THE PAYMENT THEREOF;
PROVIDING OTHER DETAILS IN CONNECTION WITH SAID
PROMISSORY NOTE AND PROVIDING FURTHER DETAILS IN
RELATION TO THE FOREGOING.
WHEREAS, the Town of Vail, in the County of Eagle and
State of Colorado (the "Town"), is a municipal corporation
duly organized and existing as a home rule town pursuant to
Article XX, Section 6 of the Constitution of the State of
Colorado (the "Constitution") and the home rule charter of
the Town (the "Charter"); and
WHEREAS, Section 10.2 of the Charter provides as follows:
Short-Term Notes. The municipal government,
upon the affirmative vote of the majority of the
entire council, may borrow money without an
election in anticipation of the collection of taxes
or other revenues and to issue short-term notes to
evidence the amount so borrowed. Any such
short-term notes shall mature within twelve (12)
months.
WHEREAS, the Town Council of the Town (the "Town
Council") has determined that it is in the best interest of
the Town to obtain a line of credit from FirstBank of Vail,
Colorado ("FirstBank") to ensure that an adequate fund
WP194502-003/8
balance will be maintained in the Town's General Fund to pay
the Town's ordinary and necessary expenses and to evidence
the Town's repayment obligations under such line of credit,
upon a drawing on the letter of credit, by issuing a
short-term promissory note in the maximum principal amount of
$1,000,000 (the "Note"); and
WHEREAS, the Note shall be repaid from moneys deposited
to and on deposit in the Town's General Fund and legally
available to pay the Town's ordinary and necessary expenses;
and
WHEREAS, the Town Council determines to issue the Note
pursuant to the Charter; and
WHEREAS, it is now necessary by ordinance to authorize
the issuance and delivery of the Note, and to provide details
of .and the security for the Note;
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. Definitions. In addition to terms otherwise
defined herein, the following terms shall have the following
meanings, as used herein:
(a) "Person" shall mean a corporation, firm, other
body corporate, partnership, association or individual
and also includes an executor, administrator, trustee,
receiver or other representative appointed according to
law.
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WP194502-003/8
y (b) "Registered Owner" shall mean the Person or
Persons in whose name or names the Note shall be
registered on the registration books of the Town.
(c) "Tax Code" shall mean the Internal Revenue
Code of 1986, as amended and any Income Tax Regulations
promulgated thereunder.
Section 2. Authorization of the Note. For the purpose
evidencing the Town's obligation to repay amounts drawn upon
a $1,000,000 line of credit from FirstBank, which line of
credit will enable the Town to maintain an adequate fund
balance in its General Fund, the Town shall issue its
Short-Term Promissory Note (FirstBank Line of Credit) in the
maximum principal amount of $1,000,000 (the "Note"). The
principal of and interest on the Note shall be payable from
and out of moneys deposited to and on deposit in the Town's
General Fund. The Note is hereby determined to be issued
pursuant to the Charter.
Section 3. Note Details.
(a) The Note shall be issued as a fully registered
note without coupons in the maximum principal amount of
$1,000,000. The Note shall be dated its date of
execution and delivery, which shall be the date of the
first advance under the line of credit and shall be
prior to December 31, 1991, and shall bear interest from
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WP19Q502-003/8
each advance of moneys pursuant to the line of credit
contained in the Note on the amount of principal, if
any, outstanding on the line of credit contained therein.
(b) The Note shall mature on the date which is 360
days from date of the first drawing on the line of
credit contained in the Note and shall bear interest on
the amount of principal, if any, outstanding on the line
of credit contained in the Note at a rate equal to
ninety percent (90%) of the FirstBank Commercial Base
Rate. Interest on the Note is computed by dividing the
interest rate by 360 and multiplying the quotient by the
actual number of days elapsed during the term of the
Note. The interest rate is subject to change on the
first business day of each month. Interest on the Note,
except as provided in Section 5 hereof, shall be paid at
the maturity of the Note.
(c) If upon presentation at maturity payment of
the Note is not made as herein provided, interest shall
continue to accrue thereon at the interest rate
designated in the Note until the principal thereof is
paid in full.
(d) Principal of and interest on the Note shall be
payable in lawful money of the United States of America
to the Registered Owner thereof upon the surrender
thereof at the principal office of the Town in Vail,
Colorado, or of its successor.
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WP194502-003/8
Y
Section 4. Pavina Aaent: Transfer and Exchanae. The
Town shall act as paying agent and note registrar for
purposes of the Note. The Town shall maintain books for the
purpose of registration and transfer of the Note, and such
books shall specify the Person entitled to the Note and the
rights evidenced thereby, and all transfers of the Note and
the rights evidenced thereby. The Note may be transferred or
exchanged (but only in whole) upon payment of a transfer fee,
any tax or governmental charge required to be paid with
respect to such transfer or exchange and any cost of printing
bonds in connection therewith, at the principal office of the
Town. Upon surrender for transfer of the Note, duly endorsed
fo,r transfer or accompanied by an assignment duly executed by
the Registered Owner or his or her attorneys duly authorized
in writing, the Town shall execute and deliver in the name of
the transferee a new Note of the same maturity, interest rate
and aggregate principal amount. The person in whose name the
Note shall be registered shall be deemed and regarded as the
absolute owner thereof for all purposes, whether or not
payment on the Note shall be overdue, and the Town shall not
be affected by any notice to the contrary.
Section 5. Prenavment of Note.. Any outstanding balance
on the Note may be prepaid by the Town prior to maturity in
whole or in part on any date at a prepayment price equal to
100% of the principal amount of the Note or portion thereof
being prepaid and accrued interest thereon to the prepayment
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WP194502-003/8 '
date; provided, however, that no prepayment by the Town in f
whole or in part of the Note shall prohibit the Town from
obtaining future advances on the line of credit contained in
the Note up to the maximum principal amount of the Note.
Section 6. Notice of Preoavment. The Note may be
prepaid without giving prior notice to the Registered Owner.
Section 7. Execution of the Note. The Note shall be
executed in the name and on behalf of the Town with the
manual or facsimile signature of the Mayor, shall bear a
manual or facsimile of the seal of the Town and shall be
attested by the manual or facsimile signature of the Town
Clerk; provided that at least one such signature shall be
manual. Should any officer whose manual or facsimile
signature appears on the Note cease to be such officer before
delivery of the Note, such manual or facsimile signature
shall nevertheless be valid and sufficient for all purposes.
The Mayor and the Town Clerk are hereby authorized and
directed to prepare and to execute the Note in accordance
with the requirements of this Ordinance.
Section B. Deliverv of the Note. The Note, when
executed as provided by law, shall be delivered to FirstBank,
as the original Registered Owner. Such issuance of the Note
is hereby found to be to the best advantage of the Town and
is hereby approved.
Initial delivery of the Note is subject to FirstBank
signing an investment letter (the "Investment Letter") in the
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WP194502-00318
form presented to the Town Council and made a part of the
record. The form of such Investment Letter is hereby
approved by the Town Council.
The Registered Owner of the Note shall not be
responsible for the application or disposal of the funds
derived from any draws upon the line of credit contained in
the Note by the Town or any of its officers.
Section 9. ~tgnlacement of the Note. If the Note shall
become lost, apparently destroyed or wrongfully taken, it may
be reissued in the form and tenor of the lost, destroyed or
taken note upon the Registered Owner furnishing, to the
satisfaction of the Town: (i) proof of ownership (which shall
be shown by the registration books of the Town); (ii) proof
of loss, destruction or theft; (iii) an indemnity to the Town
with respect to the Note lost, destroyed or taken; and (iv)
payment of the cost of preparing and issuing the new
security, in which case the Town shall then execute and
deliver a new Note for reissuance.
Section 10. Form of the Note. The Note shall be in
substantially the form submitted to the Council at the
meetings at which this Ordinance is approved with such
omissions, insertions, endorsements and variations as may be
required by the circumstances.
Section 11. Deposit of Proceeds: Investments. The
proceeds of the Note shall be used exclusively for the
purposes recited herein; provided, however, that all, or any
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WP194502-003/8
proper portion af, the proceeds of a drawing on the line of r
credit contained in the Note not used to immediately
reimburse the Town for expenditures previously made by the
Town shall be deposited in a special fund established by the
Town at the time of such draw and invested only in tax-exempt
obligations.
Section 12. ~vmsnt of the Note. The Note shall be
payable from money deposited to and on deposit in the Town's
General Fund.
Section 13. Tax Covenants.
(a) The Town covenants that it shall not use or
permit the use of any proceeds of the Note or any other
funds of the Town from whatever source derived, directly
or indirectly, to acquire any securities or obligations
and shall not take or permit to be taken any other
action or actions, which would cause the Note to be an
"arbitrage bond" within the meaning of Section 148 of
the Tax Code, or would otherwise cause the interest on
the Note to be includible in gross income for federal
income tax purposes. The Town covenants that it shall
at all times do and perform all acts and things
permitted by law and which are necessary in order to
assure that interest paid by the Town on the Note shall,
for purposes of federal income taxation, not be
includible in gross income under the Tax Code or any
other valid provision of law.
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WP194502-003/8
. (b) In particular, but without limitation, the
Town further represents, warrants and covenants to
comply with the following restrictions of the Tax Code,
unless it receives an opinion of nationally recognized
bond counsel stating that such compliance is not
necessary:
(1) Gross proceeds of the Note shall not be
used in a manner which will cause the Note to be
considered "private activity bonds" within the
meaning of the Tax Code.
(2) The Note is not and shall not become
directly or indirectly "federally guaranteed."
(3) The Town shall timely file Internal
Revenue Form 8038-G which shall contain the
information required to be filed pursuant to
Section 149(e) of the Tax Code.
(4) The Town shall comply with its No
Arbitrage Certificate executed on the date of issue
of the Note with respect to the application and
investment of the Note proceeds.
(c) The Town represents, for purposes of Section
148(f)(5)(C) of the Tax Code, that the aggregate face
amount of all tax-exempt obligations (other than
"private activity bonds" as such term is defined in the
Tax Code) it, together with all entities who issue bonds
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WP194502-003/8
U
on its behalf, reasonably expects to issue (or has
issued) during calendar year 1990 or calendar year 1991
will not exceed $5,000,000 in either year. The Town
further covenants that in the event it determines it is
necessary to issue additional tax-exempt obligations
(other than private activity bonds) in the calendar year
1990 or in calendar year 1991 which cause the aggregate
amount of tax-exempt obligations to exceed $5,000,000 in
either year, the Town will first receive an opinion of
nationally recognized bond counsel that the issuance of
such additional obligations will not cause the Note to
be an "arbitrage bond" as such term is defined in the
Tax Code. The Town recognizes that the issuance of
additional tax-exempt obligations includes, but is not
limited to, the issuance of tax-exempt notes, leases,
loans and warrants.
Section 14. F~irther Covenant. The Town hereby
irrevocably covenants and agrees with the holder of the Note
as follows:
(a) At least once each year it will cause an audit
to be made of the books of the Town, such audit to be
made by a certified public accountant after the close of
each fiscal year, and a copy of which audit shall be
furnished upon written request and at its expense, to
the Registered Owner of the Note. The annual audit of
the Town's combined financial statements shall be deemed
to satisfy this requirement.
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WP194502-003/8
(b) The Registered Owner of the Note shall have
the right at all reasonable times to inspect all
non-confidential records, accounts, actions and data of
the Town relating to the Note.
Section 15. Miscellaneous Documents. The Mayor, the
Town Clerk and the Town Manager of the Town, are hereby
authorized and directed to execute and deliver any and all
closing documents necessary or desirable in connection with
the issuance of the Note.
Section 16. Qualified Tax-Exempt Obligations. The
Town, including any entities acting on behalf of or
subordinate to the Town, does not anticipate issuing more
than $10,000,000 of tax-exempt obligations (other than
private activity bonds, which are not qualified 501(c)(3)
bonds) during either calendar year 1990 or calendar year
1991, one of which shall be the calendar year in which the
Note is issued. No proceeds of the Note will be used (i) in
a manner which would cause the Note to be a private activity
bond, or (ii) to refund any other issue of government
obligations. Accordingly, the Town hereby designates the
Note as a "qualified tax-exempt obligation" pursuant to
Section 265(b)(3)(B)(i) of the Tax Code.
Section 17. Severability. Should any one or more
sections or provisions of this Ordinance be judicially
determined to be invalid or unenforceable, such determination
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WP194502-003/8
v
shall not affect, impair or invalidate the remaining
provisions hereof, the intention being that the various
provisions hereof are severable.
Section 18. Reveals. All ordinances, or parts thereof,
in conflict with this Ordinance, are hereby repealed. After
the Note has been issued, this Ordinance shall be and remain
irrepealable until the Note and the interest thereon shall be
fully paid, satisfied and discharged in the manner herein
provided, or sufficient provision shall have been made for
such payment, satisfaction and discharge.
Section 19. Findings and Determinations. The Town
Council, after examination of all pertinent facts and
circumstances, hereby finds, determines and declares that it
is in the best interest of the Town, and its inhabitants and
taxpayers, that the Note be authorized, issued and delivered
at this time and in the manner herein authorized in order to
provide funds to allow the Town to maintain an adequate fund
balance in its General Fund to pay the Town's ordinary and
necessary expenses.
Section 20. Public Hearing. A public hearing on this
Ordinance will be held during the regular Town Council
meeting which will be held in the Council Chambers in the
Municipal Building, 75 South Frontage Road West, Vail,
Colorado, on Tuesday, the 6th day of November 1990, beginning
at the hour of _ _.m., before consideration by the Town
Council of its final passage and adoption.
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wP194502-003!8
Section 21. ~tecords. This Ordinance, after its final
passage, shall be recorded in a book kept for that purpose,
shall be authenticated by the signature of the Mayor and the
Town Clerk, shall be published in said Town, shall take
effect five days after such publication and, after becoming
effective and upon issuance of the Note, shall be
irrepealable until the Note issued hereunder shall be paid in
full.
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WP194502-003/8
a
PASSED ON FIRST READING and ordered published in full
this 16th day of October 1990.
Approved by:
Town Clerk of Vail, Colorado
Published: 1990
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WP194502-003/8
PASSED ON SECOND READING and adopted by the Town Council
and ordered published by title only this 6th day of November
1990.
Approved by:
Mayor and Town Council
Attest:
Town Clerk
Approved for Town Council Approved as to form:
Action:
Town Manager Town Attorney
Published: 1990
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WP194502-003/8
APPENDIX A
It is hereby certified, recited and declared that all
conditions and acts required to be performed precedent to and
in the adoption of the Ordinance No. (the
"Ordinance") authorizing the issuance of this note, and the
issuance of this note, have been performed in due time, form
and manner as required by law; and that the issuance of this
note and the series of which it forms a part does not exceed
or violate any constitutional, statutory or home rule charter
limitation or requirement applicable hereto. The Ordinance
shall constitute a contract for the benefit of the holder of
this Note and is hereby incorporated by reference.
Interest on this Note is payable upon the maturity of
this Note, except that interest on any portion of principal
prepaid by the Town shall be due on such date of prepayment.
This note is a duly authorized Note designated "Town of
Vail, Colorado, Short-Term Promissory Note (FirstBank Line of
Credit) (the "Note"), limited in aggregate maximum principal
amount to $1,000,000, issued under and pursuant to the
Constitution and laws of the State of Colorado, the home rule
charter of the Town of Vail, Colorado, and the Ordinance duly
adopted by the Town Council of the Town prior to the issuance
hereof.
This Note is payable from moneys deposited to and on
deposit in the Town's General Fund.
The Note is issuable solely in the form of a fully
registered note, without coupons, in the maximum principal
amount of $1,000,000. This note may be transferred or
exchanged (but only in whole) at the principal office of the
Town of Vail, Colorado, but only in the manner, subject to
the limitations and upon payment by the Registered Owner of
the fees and charges provided in the Ordinance (including any
transfer fee of the Town and any tax or governmental charge
required to be paid with respect thereto), and upon surrender
and cancellation of this note. Upon surrender for any
transfer, duly endorsed for transfer or accompanied by an
assignment duly executed by the Registered Uwner hereof or
his or her attorneys duly authorized in writing, a new
registered Note for the same aggregate principal amount will
be issued to the transferee in exchange therefor. The Town
may deem and treat the Registered Owner hereof as the
absolute owner hereof (whether or not payment on this note
shall be overdue) for the purpose of receiving payment of or
on account of principal hereof and interest due hereon and
for all other purposes, and the Town shall not be affected by
any notice to the contrary.
A-1
WP194502-003/8
' The amount and date of advances and repayments on the
line of credit contained in this Note shall be recorded by
the holder and acknowledged by the Town in the space provided
below. Such record of repayment shall include the amount of
such repayment applied to interest and to outstanding
principal.
ADVANCES
Lender's Town's
Date Amount Initials Initials
REPAYMENTS
Principal Lender's Interest Town's
Date Amount Initials Amount Initials
~ -
A-2
WP19A502-003/8
[Form of Assignment] ,
ASSIGNMENT
FOR VALUE RECEIVED the undersigned transfers unto
(Tax Identification or Social Security
No. ) this note of the Town of Vail, Colorado, and
does hereby irrevocably constitute and appoint ,
Attorney to transfer this note on the books kept for the
registration thereof, with full power of substitution in the
premises.
Dated:
NOTICE: The signature to this
assignment must correspond with
the name as it appears upon the
face of the within note in
every particular, without
alteration or enlargement or
any change whatever.
r
A-3 •
WP194502-003/8
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MY CHOIC ...DRUG-FREE
COLORADO 1990 NATIONAL RED RIBBON CAMPAIGN
NATIONAL FEDERATION OF PARENTS FOR DRUG FREE YOUTH
WHEREAS, Alcohol and other drug abuse i n this nation has
zyu:., i
reached epidemic stages, and the 15-24 year old age group is
f
~ dying at a faster rate than any other age group; and
_ h~'
_ '9~ .j_~~. WHEREAS, it is imperative that visible, unified prevention `
,
education efforts by community members be launched to reduce the ~ .
demand for drugs; and
WHEREAS the Colorado Federation of Parents for Drug Free
,
Youth and the Town of Vail are sponsoring the National Red
•ti '
Ribbon Campaign offering citizens the opportunity to demonstrate {s;.
their commitment to drug free 1 i festyl es; and
~s. :r,. u
WHEREAS, the National Red Ribbon Campaign will be celebrated
in every community in America during "Red Ribbon Week, October
•~y~+t,~ 20-28, 1990; and,
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WHEREAS, President George Bush and Mrs. Barbara Bush are the
National Honorary Chairmen, and Governor Roy Romer and Mrs. ,r~s
Romer are the State Honorary Chairmen to provide this community
focus on a Drug Free America; and
'iii` +~a~' es~
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WHEREAS, business, government, law enforcement, schools,
religious institutions, service organizations, youth,
~ ~v, physicians senior citizens military sports teams and ~ f~=
individuals will demonstrate their commitment to drug-free,
healthy lifestyles by wearing and displaying red ribbons during
this week-long campaign; and .
:?1~ -.:pb .
~ ~
WHEREAS the community of Vail further commits its resources
to ensure the success of the Red Ribbon Campaign; t,:,
NOW, THEREFORE, be it resolved, that the Town Council of the 'ice
Town of Vail does hereby support October 20-28, 1990, as Red
Ribbon Week, and encourages its citizens to participate in drug
s ~ prevention education activities, making a visible statement that .X~
f~";~ we are strongly committed to a drug free community.
~ - y
BE IT FURTHER RESOLVED, that the Town Council of the Town of r~4:
Vail encourages all citizens to pledge;
MY CHOICE...DRUG FREE.
` Kent R. Rose, Mayors
~ ATTEST: ~;~~w«
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'3 Pamela A. Brandmeyer, Town Clerk
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t~fi5: f.. t#l,+>• A~ r ~tt~~ Rd~~ A "'cy/ w r,.A it ?lyAw' "'tie y/t',
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.
RESOLUTION #22
Series of 1990
A RESOLUTION OPPOSING PROPOSED AMENDMENT #1 OF THE
COLORADO CONSTITUTION.
WHEREAS, the proposed Amendment #1 to the Colorado Constitution will be
submitted to the voters at the General Election on November 6, 1990; and
WHEREAS, Amendment #1 will impose severe limitations on the ability of the Town
of Vail to raise existing or new revenues related to any tax, license, permit or fee
to provide needed services; and
WHEREAS, Amendment #1 will impose severe limitations on the ability of the Town
of Vail to issue all types of debt related to General Obligation Bonds, short term
borrowing, lease purchasing, or debt refinancing; and
WHEREAS, Amendment #1 will cause many service level reductions in the Town which
heretofore have been desired and/or mandated by the citizens of the Town; and
WHEREAS, the Town Charter and the Town Ordinances adopted by the citizens of the
Town of Vail contain reasonable and practical provisions for the self-government of
Vail by its citizens and elected Town Officials; and
WHEREAS, Amendment #1 creates a state-wide approach to taxation and fails to
recognize special local needs or the desires of the citizens of the Town of Vail;
and
WHEREAS, Amendment #1 undermines local control, threatens continuation of
current services, and impairs the ability of the Town to respond quickly and
effectively to find solutions to problems affecting the Town; and
WHEREAS, Amendment #1 requires the Town to set aside emergency reserves from
fiscal year spending of one percent (1%) in 1991, two percent (2%) in 1992 arrd three
percent (3°~) in 1993 and each year thereafter; and -
WHEREAS, emergency reserves can be spent only for declared emergencies which
exclude economic conditions and revenue shortfalls; and
WHEREAS, the amount of emergency reserve for 1991 is $296,000.00 and the
estimate for 1993 is $1,000,000.00; and
WHEREAS, Amendment #1 will have an adverse affect on the Town's bond rating thus
increasing the cost of borrowing funds for further growth; and
WHEREAS, Amendment #1 will decrease the Town's revenue generated from property
taxes over a ten year period; and
WHEREAS, the total reduction in property taxes for Eagle County provided by
Amendment #1 is $53,271,677.00 over a ten year period.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO:
The Town Council hereby sets forth its strong opposition of proposed Amendment #1 of
the Colorado Constitution and urges all registered voters to reject Amendment #1 at
the General Election on November 6, 1990.
INTRODUCED, READ, APPROVED AND ADOPTED THIS DAY OF OCTOBER, 1990.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
RESOLUTION #2~
Series of 1990
RESOLUTION # 23, SERIES OF 1990, A RESOLUTION OPPOSING
CONGRESSIONAL MANDATE OF
SOCIAL SECURITY AND MEDICARE COVERAGE
WHEREAS, the Town of Vail considers reduction of the federal
budget deficit of critical importance to the economic health of
municipalities, states, and the nation as a whole;
WHEREAS, the Town of Vail supports reduction of the federal
budget deficit in an even-handed and balanced manner, through
real reductions in spending and fair increases in select taxes;
WHEREAS, the Town of Vail is gravely concerned with
congressional inclination to transfer increasing proportions of
the federal budget burden to state and local governments
throughout the nation;
WHEREAS, this transferred burden is most recently manifested in
proposals to increase numerous taxes which would heavily impact
municipal fiscal stability, including mandatory Social Security
coverage for all state and local employees not covered by a
public retirement plan and mandatory Medicare coverage for all
employees;
WHEREAS, such mandated coverage would amount to increased outlays
by the Town of Vail, in particular, of $121,000 per year, without
providing additional benefits or services to Vail's residents or
guests;
WHEREAS, such transference of federal expenditure burdens does
not represent a real remedy for the nation's poor economic
health, but simply exacerbates the already worsening financial
situation of America's states and municipalities;
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of
Vail, Colorado, that:
The Town of Vail strongly opposes reduction of the federal budget
deficit through further transference of federal budget
responsibility to the nation's states and municipalities, namely
the mandating of Medicare coverage and Social Security coverage
for all state and local employees not covered by a public
retirement plan.
Kent R. Rose
Mayor
` s~ Vail RFC~~ OCT 101990
Al~me
Garden
October 8, 1990
Mr. Rondall Phillips
Town Manager
TOWN OF VAIL
75 S. Frontage Road
Vail, CO 81767
Dear Ron:
I am enclosing financial statements for the Vail Alpine Garden
for the fiscal year just ended on 9/30/90 and the operating
budget for the coming year. These will update the previous
financial statements submitted and complete the documents
requested from your office to accompany our grant proposal to .the
Town of Vail. The other requirements have been covered in the'
proposal sent to your office earlier.
When the Town of Vail granted funds to the Vail Alpine Garden two
years ago, the money was budgeted from the Real Estate Transfer
Tax Fund since it was to be used for the development of Ford
Park. I hope that the Town staff will consider this as a
possible source of funds again.
If you have further questions about our proposal, please give me
a call at 476-0103.
Sincerely,
Helen S. Fritch
President of the Board
Enclosures
183 GORE CREEK DRIVE VAIL, COLORADO 81657 303-476-0103
4
VAIL ALPINE GARDEN, INC.
OPERATING BUDGET
YEAR ENDING 9/30/9:
OPERATING INCOME 1990-1991 1989-1990
BUDGET ACTUAL
MEMBERSHIPS & DONATIONS 15000 19472
IN-KIND DONATIONS 7500 9431
CORPORATE GIFTS .2000 1450
FOUNDATION GRANTS 3000 3500
PLANT SALES 1500 1414
MERCHANDISE SALES 107
BENEFITS 20000 1177
OTHER REVENUE 1000 968
TOTAL OPERATING INCOME 50000 37519
OPERATING EXPENDITURES 1990-1991 1989-1990
BUDGET ACTUAL
SALARIES 15000 13062
INSURANCE 2270 2221
ADVERTISING 500 325
MEMBERSHIP FEES 50 49
OFFICE EXPENSES 7500 ~ ~ 7976
POSTAGE 1000 899
PRINTING 6000 .6663
DESIGN & ARTWORK 400 335
LEGAL & ACCOUNTING 500 405
TRAVEL & ENTERTAINMENT 500 569
VALLEY OF FLOWERS/LIGHTS 1250 1096
GARDEN SUPPLIES 1000 85
REPAIR & MAINTENANCE 700 593
TELEPHONE 500 466
UTILITIES 600 444
MIS. EXPENSE 1000 53
TOTAL OPERATING EXPENSE 38770 35241
UN DOTE: 14!43!40 VAIL AIPIttE BAkQEN PARE 1
~!N TIt1E: 4:50 Pt1
I+ALAt{CE SHEET
A5 DF 09/30/94
i
;<t THIS PEkIDQ TH15 YEAk THIS PEkIDQ LAST YEAk
eaaeseecc.a.-sac.e..e_Weer-eococcc..eec.ccce-scsceccceec.r.cec.ccctc.-cecneecaeoc...e..n.cao..er-eoe-ze.oeneaeeese=sm~sne~eo..eeee.
A55ETS +
~!P.kENT ASSETS
CASH 43,`35.14 12,°26.08
PLEU6ES 12,875.411 4,350.40
HEkCHA!{RISE IN4E,'{TUFY 0.00 456.85
tDIIE TO UPEk:f 15,441.69- l1,562.BU-
tUUE TD ENlQE1.! b,l°1.18- 5,12b.1C!-
tdtlE TO CA>:.i 3!.77'.27- b,044.03-
OFEkAT1HE Ft!t{Qc 18,441.69 11,`62.80
ENDOkltlEtlT FU1lQS b, 191.15 5,12b. i0
CAPITAL FUNDS 3!,??7.27 6,444.03
TGTAL CUFkEt{T =,55ETS `5,414.14 22,73P.43
rRDEN SITES ~ FACILITIES
AFCHITECT 4 DESIBt1 6b7.C!U 667.04
ALPINE DISPLAY GAk1Etl 24~,5`~8.89 28,474.39 .
MOIIflTAIN F'EkEt!NIAL GAkDEtd 18°~,lb2.b3 lJ9,J44.6J
t1ED1TATIDH 6AkDEN 9,364.19 725.04
kQCK F,LPINE 6AkDEN o,"333.UCi 6,333.44
VISITDk CENTEk 1,287.04 1,287.f.~0
LI6kARY itATERIALS 145.0!1 ?3.70
TOTAL 6nkDEN FACILITIES 231,517.71 ~ 197,460.74
TDTAL A55ETS 287,927.85 214,793.67
LIAbiLITY 6 FlitlD 6ALAt{CES
!1kRENT LIAEILITIES
UITHHELU 5 ACCkUEO TAY.ES 15.7C! 121.73
SALES TAY, itITHHELD 4.54 4.16
TOTAL CUF,k. L1h61LITIES 20.24 125.84
!t{Q 6ALAt{CES
OPEkATIN6 FUNQ 11,562.BC! 13,238.35
ENDONHENi FUND ~,126.IC! ~ 1!9.46
CAPITAL FUND 223,180.79 20b,309.97
NET REVENUE tE1F1 TO QF,TE 48,437.92 0.00
J
TL~TAL FI1ND bAIrNCES 287,907.61 219,6b7.78
1N DATE: 1U,~03l9U V«,IL ALPINE GAkDEN PAGE ~
,lN TIME: 4:5U PM
` bALAt1CE SHEET
AS OF U9/3Ul4U
t~ THI5 PERIOD THIS YERk +t THI5 PERIOD LAST YERP.
szssssesazasrasasassa:s=szsae==e:aassssacss==re=zezz=szesszassseoaszcassze===szzas=saz=zeszs=zz=zzsssszsssssssssssszzsssessazzzsss
TOTAL LIRPIL 5 FllND bAl 887,987.85 819,743.67
J
!!N DATE: 14!03/90 ;'AIL ALPINE 6AkDEN PAGE 3 '
JN TIlIE: 4:50 PM
L BALANCE SHEET
AS DF 09/30!90
J
f+ TH15 FEkIDD THIS YEAR THIS PERIDU LAST YEAR
SUBSIDIARY SCHEDULE
CASH
CDIISTl:;UCTIDN ACCDUt1T 209.74 32.1b
CHEC!<ING ACCGUNT 15,807.80 7,459.14
SA~IINGS ACCdlItli ?1,326.42 3~!8.b3
ENDDNMENT FUND 6,191.18 5,!26.10
43,535.14 12,92b.08
NITHHELD u ACCRI~ED TAES
FICA UITHHDLD - EMFLdYEk 5.85 0.00
FICA 611THHOLD - EM~LDYEE 5.85 0.04
STATE HITHHOLD1Nli TAt 4.00 121.73
15.70 121.73
DATE: !0!43!90 VAIL ALPINE GARDEN PAGE 1
,~!t{ TIME: 4:51 FM
INCOME 5TATEMEt1T
AS OF (!4/34194
T H I 5 Y EAR ----BUDGET---- ------L A S T M EAR
ATID: It{COME THI5 PERIOD RATIO 12 PEkIDDS RATIO 12 PERIODS THIS PERIOD 12 PERIODS
-----------°-----'----°------------------------------saoece .n.eecscoe.cese.rer~aseeasas=eess:arosxa¢_s
THI5 PERIOD THIS YEAR THIS PERIOD LA5T YEAR ft
UPFDRT kEVENiIE
OPERATING Flit{D :x,658.72 7l.9 3?,452.94 44.8 0.00 11,8b7.B0 26,554.37
TOTAL OPERATIC{G RE~!Ef:!lE 24,$56.72 71.9 37,452.49 44.8 O.OU 11,867.80 2b,550.37
CAPITAL FUClD 9,':24.5~ 26.1 4b,1U8.18 55.2 U.OU 34,949.b2 11b,749.53
TOTAL GAP. FUND RE'Et~llE 9,724.54 26.1 4b,lU8.iB 55.2 4.00 30,449.62 11b,749,53
TOTAL SU?FDkT REVEt{;1E 34,`s8~.2b IUG.~J 83,561.17 104.0 4.00 42,817.42 143,294.90
?ERAIG FUND EI<FENDITUkES
SAL-GAE;DEN DIRECTOR 3,960.44- 11.5- 1~?,444.44 12.4 U.UU 4,500.00 17,25U.t10
SA:-GENERAL LA6Dk 743.25 2.~! !,32!.04 1.6 G.00 4.40 O.U4
PAYROLL TAY, 507.80 1.5 :,741.20 2.1 0.00 1,190.77 3,911.53
AUTO EllPENSE U.UU U.0 4.00 U.U O.UU 242.00 774.38
Itt511F:ANCE 4.00 ~1.U 2,221.40 2.7 4.40 976.00 ,2,!78.00
ADVERTISING 325.43 U.9 325.43 0.4 4.00 2b.70 222.Ob
NEN6ERSHIP FEES 4.UU U.fl 48.84 4.1 U.UO 0.00 51.34
OFFICE EI(?Et{SES 7,031.28 20.3 7,47b.49 9.5 U.UU b,0?4.43 b,445.4b
COST OF GOODS SOLD (F.OU 4.4 !31.42 U.2 U.OU 50.b4 54.64
POSTAGE 249.42 0.7 898.84 i.l 4.00 246.06 1,038.81
TELEFHDt{E 164.7A 6.5 465.91 U.6 U.OQ 38b.44 984.79
PkINTING 3b4,05 1.1 b,bb2.5b 8.U 4.00 682.17 4,472.83
DE515t{ S ARTfIURk.: 0.G0 :~.Ci 335.04 0.4 4.04 4.40 544.00
GARDEN SUPPLIES 84.68 0.2 84.66 4.1 U.QU 312.34- 2,7b9.98
LEGAL b ACCOUNT It{E G.UO 0.4 445.GU 0.5 4.00 1.00 5$1.00
REPAIR CtiAINTENANC;E 261.40 U.8 543.38 4.7 U.UU 131.83 131.83
UTILITIES 3~~U.72 u.4 443.88 ~J.S u.04 108.9b 208.9b
TRAVEL >4 ENTEP,TAINMENT 4.00 4.U SbB.?7 0.7 0.00 54.00- 325.51
VALLEY DF FL04iERSlLIGHTS 846.U~ 1,09b.44 1.3 4.00 730.00 1r515.47
MISC. OPERATING EdPENSE !50.49 U.4 243.49 U.2 0.44 173.25 225.9b
TOTAL OPERATIN. E?:F'E?t5E 7,036.4b 20.3 35,523.25 42.5 U.UO 15,1b5.43 43,638.55
Mf ITAL FUND E1(PEt{GITUkES
ARCHITECT b fESIGt{ !~.U4 X1.4 4.04 4.0 4.44 O.OU bb7.U0
GARDEN EOUIPt{T u SUrPLIE~ ('.44 O.U 114.6b 0.1 U.OU 362.12 1,b24.b0
LIBRARY t1A1ERIALS i!.44 0.0 O.OU 0.0 U.4U 0.00 19.95
GONSTRUCTIUtI 5,435.44 14.6 14,409.69 1b.8 U.UO 33,850.48 113,284.58
tIISC. CONSTkUi;TIUI{ Er,Pt{S 0.~J4 O.~i 59.21 0.1 0.00 1,222.tb 3,9b8.41
TOTAL CAP. FUt{[: E(FEt{gE 5,435.44 14.6 14,183.7b 17.0 0.04 35,435.2b 114,5b9.54
TOTAL E~PEt{SES 12,(~71.Bb 34.4 49,747.41 59.5 4.04 50,601.19 1b3,248.09
JN DATE: 1(+103/90 VAIL ALPINE GARDEN PARE 2
,~N TIME: 4:51 PM
V
INCDNE STATEMENT
AS OF U9/30l9U
T H 15 Y E A R ----bUDBET---- L A 5 T Y E A R
ATID: 1NLOME THI5 PERIOD kATIO 12 PERIODS kATIO 12 PERIDDS THIS PEkIDD 12 PERIODS
THI5 PERIOD THI5 YEAR tt THIS PERIOD LAST YEAR
CAPITALIZED EYPENDITIiRE 14,!83.76- 41.0- 14,183.76- 17.0- O.UU 119,549.59- !19,544.54-
NET SUPPLIS SDEfICIT! +6,b45.ib 106.1 48,G37.92 57.5 U.UO 111,965.82 44,641.40
- -
. ~ .
::{N DA1E:.30/43140 VAIL nLPINE GARDEN PAGE 3
~N TIME: 4:51 PM
I!{COME STATEMENT
AS OF 04130/4G
/ T H I S Y EAR ----b1lDGET---- LAS T Y EAR
TIO: INCOME THIS PEP.IOD RATiD 12 PERIODS RATIO 12 FERIGDS THIS PERIOD 12 PERIODS
t+ THIS PERIOD THIS YEAR tt t~ THIS PERIOD LAST YEAR rf
ff~ SUBSIDIARY SCHEDULE
OPERATING FUND
MEt1bERSHIP FEES 5,320.0!) 15.4 12,210.00 14.6 0.00 2,065.04 9,155.00
DUNATIOt{S - OFEk. 6,010.00 :7.4 6,060.40 7.3 O.UU 30.04 575.00
IN-t:INU DONATIO!{5 7,114.12 22.3 4,431.33 11.3 O.OG 6,807.07 4,474.88
CORPORATE GIFIS - !F'EF. 1,45(!.~1U 4.2 1,450.(!0 ~ 1.7 0.00 0.04 340.00
FDIINDATIDt{ 6kyNT5 - GFtR. lf000.!'!i! 2.4 3,5it0.00 4.2 U,OU 1,000.00 3,175.68
ADMISSIONS DOttATIuuS 812.42 2.3 1,202.38 1.4 0.00 484.57 551.92
PIA!{T SALE i!.0(! 0.!' 1,413.64 !.7 O.UO 211.23 1,785.46
SEED E1.CHAWGE (!.OU 0.U 23.30 U.U 0.00 0.00 32.00
bEt{EFITS 2,5"9.18 7.5 .1,034.64 1.2 0.00 420.83 870.83
WOkt:SHUPS 315.(!~J- (!.4- 374.46 U.4 0.00 O.UO 0.00
FIEL1; TRIP5 86.00 G.e 80.00 0.1 0.00 0.00 O.UO
MERCHANDISE SALES (!.(!0 O.U 107.41 0.1 0.(!0 IU8.B6 IU8.86
OTHEP, kEVE!{UE - GF'ER. 263.(!(! 0.6 565.93 0.7 0.00 240.24 480.24
2~,a58.72 71.4 37,452.49 44.8 0.00 11,867.80 ~ 26,550.37
CAPITAL FUND
UDNATIDt{5 - CAF. 4,510.(!6 13.0 35,525.31 42.5 0.00 14,846.00 38,432.00
Di!NATIOtIS - ENGONMEti1 0.00 G.U 660.00 G.7 U.UO 0.00 0.00
IN-h.IND UDI{FilQWS O.OU O.U 0.00 U.0 0.00 3,271.00 27,791.07
CORPORATE fi1FIS - CtiF'. U.U(! rJ,O 550.00 U.7 0.00 0.00 2,415.00
FOllt{DATIIiN GkrNT5 - CAP. 5,~~i~!i.u0 14.5 9,000.00 10.8 O.OU 12,750.00 22,250.00
INTEREST 214.`s4 U.b 432.87 0.5 0.00 82.62 841.46
OTHER REVENUE - CAP. O.Ott G.0 0.00 U.0 !1.60 U.OU 25,000.00
9,^24.54 28.1 46,108.18 55.2 U.UO 3(!,949.62 116,749.53
CONSTRUCTIOtI
FILL b GRADING i!.OG U.(! 0.00 U.0 U.OU U.U4 400.60
ROCP; NURY. O.i!0 0.(! O.OU U.U 0.00 0.00 850.50
MACHINERY EXPENSE 0.(~!t U.0 O.UU 0.0 O.UO 350.00 6,804.23
TRIICY;ING EXPENSE U.OU U.0 4.00 0.0 O.UU 2,826.18 5,133.27
HATER SYSTEMS O.OG 0.0 0.00 0.0 0.00 2,800.62 3,289.61
tlTILITY FEE5/INSTALLATION U.UU U.0 O.OU O.G 0.00 0.00 3,042.75
PDt{US b 5TREAMS 0.00 G.(! U.OG 0.0 G.UU 274.00 481.62
IRRIGATION St'STEM 63.40 (!.2 1,388.50 1.7 U.UO 134.74 16,982.93
WALKNAYS (!.'!0 U.UO 0.0 U,OG 3,439.36 5,538.27
bEt{CHES O.OU U.0 U.UU U.U (!.UU 217.35 .2,867.35
GEt{ERAL LABOR 3,96i!.Gi! 11.5 3,988.00 4.8 O.OU 4,147.50 23,385.52
GOtIIRACT LABOR U.(!U O.U 9.00 O.U U.UO 0.00 0.00
J PLANTIt{6 MIX i!.00 0.(! 146.46 G.2 U.OG 721.50- 3,088.70
PLAt{T MATERIAL 1,Ui2.0i! 2.4 8,467.94 10.1 0.40 10,520.73 27,524.04
SI(:NAGE i!.{!0 0.0 10.(!0 0.0 0.00 9,807.00 13,845.74
S.U35.40 14.6 14,009.84 16.8 0.00 33,850.98 113,289.58
A6TT
Bevised: 10/10/1990
TORN OF VAIL
ABAL BSTATB TAANSF6A TAI
History and Budget
1990
1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 ; 1990 1990 BODG6T
tlONTH ACTDAL ACTOA6 ecroAL ACTOAL Ac7BAL ACTOAL ACTOAL ACTOAL ACTOAL ACTOAL ; BBDGBT ACTDAL VAAIANCB
Janaary 63,999 98,089 106,981 119,972 78,053 80,733 101,374 131,916 96,119 309,233 ; 98,966 162,954 63,988
February 40,595 69,018 105,024 132,220 86,289 170,052 64,906 44,040 109,873 140,192 ; 91,460 133,085 41,625
tlarch 69,886 126,935 109,533 137,820 62,693 63,831 92,557 38,791 68,104 145,957 ; 89,002 77,995 ( 11,007)
April 76,855 94,653 65,900 103,526 173,321 90,396 182,743 95,554 179,671 151,089 ; 117,440 152,027 34,587
day 42;738 84,324 54,663 90,599 96,006 228,673 98,651 120,984 99,136 220,299 ; 105,297 167,796 62,499
June 62,239 125,433 54,488 140,638 7fi,467 49,513 79,915 73,509 101,364 122,466 ; 84,684 135,478 50,794
July 49,367 186,110 104,262 68,539 157,598 88,528 70,441 47,949 126,531 125,675 ; 96,253 75,139 ( 21,114)
AagaBt 79,859 115,499 71,282 97,806 58,937 32,860 100,182 61,137 109,315 86,347 ; 80,910 77,486 ( 3,424)
Septeaber 59,800 113,992 49,332 96,146 64,671 48,516 108,167 78,819 116,557 143,306 ; 83,736 75,745 ( 7,991)
Subtotal 545,338 1,014,053 121,465 987,866 854,035 853,102 898,936 692,699 1,007,276 1,444,544 ; 847,749 1,057,705 209,956
October 108,510 154,000 42,498 122,546 88,732 109,633 93,860 124,291 17T,360 241,393 ; 119,130
Noveeber 102,623 107,768 81,698 91,385 105,109 74,909 89,047 114,839 241,888 165,964 ; 104,466
Deceeber 142,662 133,867 110,911 56,533 81,890 333,139 106,695 95,495 192,947 192,737 ; 128,655
ToreL 899,133 1, 409, 688 956, 512 1, 258, 330 1,129, 766 1, 370, 783 1,188, 538 1, 027, 324 1, 619, 471 2, 044, 638 ; 1, 200, 000 1., 057,705 209, 956
TM
:`'Y { '1
of nail ~
town
75 south frontage road . T T~7 1 nQn
vail, Colorado 81857 J,,,,1707
(303) 479.2158
department of public works/transportation
MEMORANDUM
TO: Vail Town Council
Ron Phillips
FROM: Stan Berryman
DATE: October 9, 1990
RE: Vandalism Summary Report
Following is summary of estimated costs our department has incurred
repairing damage caused by vandalism in the last year (totals
include labor and materials):
Replace 15 streamwalk lights _ $ 2,500
Replace 20 lights on Rec Path $ 1,400
behind Library
Replace 9 Covered Bridge lights $ 1,000
Replace 10 street name signs $ 5,000
Replace 4 four-way stop signs $ 5,000
Replace 2,000 gate arms $ 6,000
Bus shelter repairs $ 5,000
Replace 10 trash barrels $ 1,000
Replace 5 stolen flags $ 1,750
Repair 50 sprinkler heads $ 2,000
Replace 8 pedestrian signs $ 2,600
Remove graffiti from park structures $ 2,500
Remove VTRC and LHTRC graffiti $ 1,500
Repair fountain "soapings" - 3 $ 1,500
Park Restrooms
2 days/week average to repair
excessive damage $ 750
Replant flower beds $ 2,000
Replace Christmas lights $ 1,500
Clean up sculptures - 3 $ 750
Replace 100 regulatory signs S 6.000
Total $48,750
Connie Knight Professional Writer
385 Gore Creek Drive Suite 201 Vail, Colorado 81657 303/476-3615
REC"0 OCT 1 6 1990
October 11, 1990
Mr. Ron Phillips
Town of Vail Manager
73 North Frontage Road
Vail, CO 81657
Dear Ron:
Is there any way you, the Planning staff and
council members could .rethink the sidewalk situation
along Vail Valley Drive from the Frrontage Road to
Golden Peak?
I SP_P_ two problems with putting it nn the west
side of the road:
1. It looks too steep once you make the turn alonq_
the parking structure
2. Twelve (12) parking places will be lost at the
Vorlaufer
Granted the latter is a personal concern, but
the Town should recognize by taking the spaces away,
owners and guest at the Vorlaufer_ will be taking
twelve (12) spots away from the new parking structure.
With the cost of $10 million, it doesn't seem
to be the best use of tax dollars to funnel existinq_
parking places into the structure.
A sidewalk already exists on the east side by All
Seasons and to continue on this side will not eliminate
any parking places and would appear to solve the side-
walk issue, not to mention save money.
May I hear from you regarding this? Thanks.
Sincerely yours,
\
Connie Knight
cc: Town Council members
Community Development staff
Member Society of Professional Journalists U.S. Ski Writers Association
MEMORANDUM
T0: Town Council
FROM: Larry Eskwith
Ron Phillips
DATE: October 16, 1990
SUBJECT: The Affordable Housing Proposal of Professional Development Corporation
Town Councilmembers have apparently received a memorandum from Thomas H. Campbell of
the Professional Development Corporation dated October 12, 1990 regarding his
affordable housing proposal. It is the staff's opinion that Mr. Campbell is
attempting to obtain decisions from the Town Council on issues which have not been
fully analyzed by the staff or the Town Council, and which are premature for
consideration for this evening's Town Council meeting. While there is indeed some
urgency to making decisions relating to Mr. Campbell's proposal, some of the
important issues which remain to be analyzed by the staff involve the following:
1. Is it more advantageous to the Town to sell or lease the Mountain Bell site
to the Professional Development Corporation?
2. Does it make sense for the Town to purchase the two employee housing sites
that are privately owned and then to lease those sites back to the Professional
Development Corporation for development of employee housing?
3. What is the appropriate purchase price or rent for the Town to receive as
consideration for the use of its property by the Professional Development
Corporation?
4. State law gives the Town the right to set by ordinance income levels for
the determination of who is qualified to lease the employee housing to be developed
by the Professional Development Corporation. The Town needs to make a determination
of what level of income is appropriate.
5. Bond counsel needs to prepare the necessary documents for a private
placement of the bonds, the necessary ordinances for consideration by the Town of
Vail, and related documents.
The Town staff has sent the proposal of the Professional Development Corporation to
individuals at Kirchner-Moore in Denver, who have a great deal of experience in
doing financial analysis of these types of proposals. The Town has already met with
Bob Irvin, bond counsel from Kouteck, Rock, and Campbell, to determine what steps
need to be taken in order to ensure that the bonds are properly issued. It is Mr.
Irvin's opinion that the type of deal the Professional Development Corporation is
proposing is extremely difficult to put together and sell, and that it must be done
very carefully. In addition, he is convinced that it is impossible to get the work
done on the bonds prior to the end of 1990. He is presently in the process of
drafting a calendar setting forth what he thinks is a realistic timetable for all
steps necessary prior to the issuance of the bonds.
j
Memorandum - Town Council
October 16, 1990
Page 2
Although it is important for the Town to act as expeditiously as possible in this
matter, it is also important that the Town take whatever time is necessary to make
informed decisions. The Division of Local Affairs (DOLA) has already indicated that
it would be willing to take back the $6 million it has allocated for affordable
housing in the Town of Vail for 1990 and reissue the $6 million, and perhaps more
money, for affordable housing in 1991.
_ Town staff strongly disagrees with the items that Mr. Campbell lists in paragraph 3
of his memorandum as needing to be done at this evening's meeting. Staff thinks
that the key issue for discussion this evening is whether or not the Town Council
wishes to proceed with employee housing on the Mountain Bell site and what it thinks
the appropriate development density should be.
LAE/bsc
i
j _
It ~ REC'D OCT 151990
t PRYOR, CARNEY Atv~ JOHNSON
f A PRO~E$$IONAL CORPORATION
ATTORNEYS ANO COUNSELORS AT LAW MAILING AOORESS:
CARRARA PLACE POST OFFICE BOX 22003
W ELLSHIRE STATION
PETER H. 21EMKE 6200 SOUTH SYRACUSE WAY, SUITE 400 DENVER, COLORADO 80222.0003
ENGLEwOOD, COLORADO 80111-x796
303-771-6200 FACSIMILE (303) 779-0740
October 11, 1990
***REGISTERED MAIL*****
Town Council ?
Town of Vail
75 South Frontage Road
Vail, CO 81657
City Attorney
Town of Vail
75 South Frontage Road
Vail, CO 81657
Re: Notice Pursuant to C.R.S. § 24-10-109
To Whom It May Concern:
This firm represents Erich Schmetzko and Lily
Schmetzko, 612 North Rose Farm Road, Woodstock, Illinois
60098. Mr. and Mrs. Schmetzko are the owners of two adjacent
lots in West Vail, Colorado: Tract A, Vail Heights Filing
No. 1 (also known as 2239 Chamonix Lane) and the unplatted,
undeveloped 1 acre tract immediately to the north of Tract A.
For each day from mid-May 1984 through the present the
Town of Vail through its Public Works Department, directed by
Stan Berryman, has occupied the Schmetzkos' property in West
Vail and caused injury to it. Beginning in mid-May 1984, and
continuing through the present,' the Town of Vail.has diverted
water and debris flows onto the Schmetzkos' property, have used
the property to store enormous amounts of earth and rubble and
have constructed and maintained a drainage and debris flow
channel across his property. The actions of the Town amount to
a daily trespass, daily nuisance and daily conversion of the
Schmetzkos' property rights, in addition to a de facto
condemnation of Mr. and Mrs. Schmetzkos' entire real estate.
Mr. and Mrs. Schmetzko request the sum of $400,000 as
payment for the injuries caused them by the City. Had the City
condemned the property in 1984 (or on any date subsequent to
that date), the City would have been forced to pay the full
market value of the property, in excess of $250,000. Mr. and
Mrs. Schmetzko would have had the use of that money for the
past 6 1/2 years and have lost interest they could have earned
ej
tt•'
Town Council,
Town of Vail
City Attorney
Town of Vail
October 11, 1990
Page 2
from the condemnation proceeds. In addition, the Schmetzkos
have incurred out-of-pocket expense, including attorneys' fees,
and will likely continue to incur such expenses, including
consulting fees and related expenses and travel expenses, until
the matter is resolved. The Schmetzkos will agree to compro--
raise their claim against the Town as outlined in the enclosed
letter to Stan Berryman, Director of Public Works, provided we
receive word of the Town's willingness to resolve the matter '
along the lines outlined in the letter to Mr. Berryman within
the next ten days. Thank you.
Sincerely yours,
PRYOR, CARNEY AND JOHNSON,
A Pr a ion 1 Corporation
Pe r ie e
PHZ/,pre
Encl.
cc: Mr. Erich Schmetzko
i
- - RECD OCT 151990
n
PRYOR, CARNEY ~+,NO JOHNSON
A PROFE$$IONAL CORPOFATION
ATTORNEYS AND COUNSELORS AT LAW ~ MAILING ADDRESS:
A CARRARA PLACE POST OFFICE BOX 22003
WELLS MIRE STATION
PETER H. 21EMKE 6200 SOUTH gYRACUSE wAY~ gUITE 400 OENVER,COLORADO 60222.0003 .
ENGLEWOOD, COLORADO AOIII.4796
- FACSIMILE (303) 779'0740
303-7T-0200
October 11, 1990
Stan Berryman, Director
Department of Public Works/Transportation
Town of Vail
75 South Frontage Road
Vail, CO 81657
Re: Erich Schmetzko `
Dear Stan:
Since our meeting last month, I have had an oppor-
tunity to investigate Mr. Schmetzko's situation further and
have confirmed with him his desire to immediately restore his
lot to the condition it was in prior to the 1984 mudslide
(including the drainage patterns and debris flow risk existing
at that time) and to obtain from the Town of Vail compensation
for the Town's use of his property over the past six years.
Mr. Schmetzko has continued to request that we resolve this
matter with the Town of Vail without a lawsuit. Outlined
below is Mr. Schmetzko's requests, which I ask that you
present to the person or department with authority to resolve
this dispute. I have provided a copy of this letter to the
City Attorney and to the Town Council along with a copy of our
notice pursuant to C.R.S. $ 24-10-109.
I do not think anyone disputes that the Town's use of
Mr. Schmetzko's land since mid-May 1984 has been a de facto
condemnation. of his property along with a daily trespass,
nuisance and conversion of his property. The condition of the
property has deprived Mr. Schmetzko of his use and enjoyment
of the property, has caused him severe embarrassment and
humiliation and has prevented him from realizing the full
market potential of his property. The other property owners
in the region have benefitted from the storage of the debris
and rubble on Mr. Schmetzko's lot, the diversion of water and
debris flow hazards onto his lot, and the construction and
presence of. the debris flow channel on his lot. It is
apparent that none of these actions were taken to benefit Mr.
Schmetzko's lot, or to mitigate any risk caused by his lot.
Rather, the whole neighborhood pitched in to make Mr.
Schmetzko's lot one big public works project at his expense.
-
,n}
_ 1
Stan Berryman, Director
Department of Public Works/Transportation
Town of Vail
October 11, 1990
Page 2
Mr. Schmetzko will forego his "day in court" on this.
matter if the Town will agree to treat him fairly in resolving.
the dispute. Mr. Schmetzko will agree to release the Town of
Vail from further liability related to these actions, in
exchange for the following:
1. Immediate restoration and renovation of his
property. This means that the Town of Vail will, at its sole
expense, remove all the earth and rubble deposited on the
Schmetzko lot in May 1984, remove all traces of the ditch
cutting across his property and regrade the lot so that it is '
substantially flat and suitable for further development. The
workmen used by the Town to do this work will be supervised by
a civil engineer selected by Mr. Schmetzko and paid for by the
Town. Mr. Schmetzko will also be present during the work to
approve the work. All out-of-pocket expense incurred by Mr:
Schmetzko must be paid by the Town of Vail.
2. Reimburse Mr. Schmetzko for the use of his lot.
As payment in full for the injury to Mr. Schmetzko's lot and
the accompanying loss of use, lost business opportunity and
emotional injury, Mr. Schmetzko will accept a cash payment
from the Town equal to the approximate fair rental value of
the property, as calculated below--
1984 (Property used 8 months) Total = $23,336
1985 Total = $35,000
1986 Total = $30,000
1987 Total = $27,500
1988 Total = $27,500
1989 Total = $27,500
1990 (Through October 31, 1990) Total = $22,917.
The total rent owed is $193,757, before interest on the unpaid
amount is included. For the purpose of this informal resolu-
tion of the dispute, Mr. Schmetzko will accept a total cash
payment of $253,761 as payment in full.
Stan Berryman, Director
Department of Public Works/Transportation
Town of Vail
October 11, 1990
Page 3
3. Payment of all expenses. Mr. Schmetzko has been
forced to incur attorneys' fees and related costs and will
undoubtedly incur additional travel, mileage, hotel expenses,
attorneys' fees, consulting fees and potential expert witness
fees. Mr. Schmetzko will require that he made whole for all
out-of-pocket expenses he has incurred and will incur in seeing
this process to the end. These expenses will probably approach
$10,000 to $15,000.
If you believe we can resolve this problem in the
manner I have outlined above, please let me know as soon as '
possible. Mr. Schmetzko has instructed us to proceed as
quickly as possible to perfecting his rights against the Town
of Vail. We expect that the complaint for inverse condemnation
will be filed in approximately 10 to 15 days from now, and the
complaint for the torts involved will be filed shortly there-
after.. It is in everyone's best interest to avoid these
actions and expenses.
Sincerely yours,
PRYOR, CARNEY AND JOHNSON,.
A Pr ssional Corporation
~ .
er .~Ziemke
PHZ/pre
cc: City Attorney, Town of Vail
Town Council, Town of Vail
Mr. Erich Schmetzko
~1~~'~
VAIL TOWN COUNCIL
REGULAR MEETING
TUESDAY, OCTOBER 16, 1990
7:30 p.m.
AGENDA
1. CITIZEN PARTICIPATION
2. County Commissioners Candidate Campaign Statements
3. Public Hearing - Use of Town-Owned Mountain Bell site for
Affordable Housing.
4. Consent Agenda
A. Ordinance No. 34, Series of 1990, second reading, an ordinance
amending Section 5.04.040 B.1. to provide for bed and breakfasts to
pay the same rate for an annual business license fee and to be treated
in the same manner as short term rental business within the Town of
Vail; and setting forth details in regard thereto.
B. Ordinance No. 35, Series of 1990, second reading, an ordinance
amending 3.40.020 and providing a definition of construction materials
to the definition section of the sales tax ordinance of the Town of
Vail; and setting forth details in regard thereto.
5. Ordinance No. 36, Series of 1990, first reading, an ordinance repealing and
reenacting Section 18.52.160,, Parking Exemptions and repealing Section
18.52.180, variances of the Town of Vail Municipal Code and setting forth
the details in regard thereto.
6. Ordinance No. 37, Series of 1990, first reading, an ordinance amending
section 18.04.130, the definition of floor area, gross residential (GRFA),
Section 18.09.080 density control-hillside residential district; Section
18.10.090 density control-single-family district; Sub-section 18.12.090 (A)
density control-two family residential district; Sub-section 18.13.080 (A)
density control--primary/secondary residential district and setting forth
the details in regard thereto.
7. Ordinance No. 38, Series of 1990, first reading, annual appropriation
ordinance: adopting a budget and financial plan and making appropriations
to pay the costs, expenses, and liabilities of the Town of Vail, Colorado,
for its fiscal year January 1, 1991, through December 31, 1991, and
providing for the levy assessment and collection of town ad valorem
property taxes due for the 1990 tax year and payable in the 1991 fiscal
year.
8. Ordinance No. 39, Series of 1990, first reading, an ordinance authorizing
the issuance by the Town of Vail, Colorado, of its short-term promissory
note (Firstbank Line of Credit), in the maximum principal amount of
$1,000,000, to evidence the Town's obligation to repay a line of credit,
when drawn upon, from Firstbank for the purpose of providing funds to
maintain an adequate fund balance in the Town's General Fund to enable the
Town to pay the ordinary and necessary expenses; prescribing the form of
said promissory note; providing for the payment of said promissory note
from moneys deposited to the Town's General Fund and legally available for
the payment thereof; providing other details in connection with said
promissory note and providing further details in relation to the foregoing.
9. Proclamation - A Proclamation designating October 20-28, 1990, as
"Red Ribbon Week in the Nation."
10. Resolution No. 22, Series of 1990, a resolution opposing proposed Amendment
#1 of the Colorado Constitution.
11. Resolution No. 23, Series of 1990, a resolution opposing Congressional
mandate of Social Security and Medicare coverage.
12. Appointment of Vail Town Council's representative to the Vail Ualley
Marketing Board.
13. Adjournment.