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1990-11-16 Support Documentation Town Council Regular Session
VAIL TOWN COUNCIL • REGULAR MEETING TUESDAY, NOVEMBER 6, 1990 7:30 p.m. AGENDA 1. CITIZEN PARTICIPATION 2. Summer Parking Incentive Program Drawing 3. Public Hearing - Vail Metropolitan Recreation District Par 3 Golf Course 4. Approval of Minutes of the October 2 and 16, 1990 Meetings 5. Ordinance No. 38, Series of 1990, second 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. 6. Ordinance No. 39, Series of 1990, second 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. 7. 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. 8. Ordinance No. 40, Series of 1990, first reading, an ordinance authorizing the Mayor of the Town of Vail to sign an intergovernmental agreement ` creating an Eagle County Emergency Telephone Service Authority within Eagle County which authority shall include the Town of Vail; authorizing the imposition of an emergency telephone charge upon telephone exchange access facilities within Vail.; and authorizing service suppliers to collect said emergency telephone charges. 9. Appointment to Local Liquor Licensing Authority Board 10. Adjournment VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, NOVEMBER 6, 1990 7:30 p.m. EXPANDED AGENDA 7:30 1. CITIZEN PARTICIPATION 7:35 2. Summer Parking Incentive Program Drawing Caroline Fisher Background/Rationale: Locals were encouraged to park in the Lionshead parking structure through the summer and to collect parking incentive program coupons each day upon entry into the structure. Twenty-five or more of these coupons are good toward discounts on the purchase of winter parking passes and coupons - and good for eligibility in the Town's drawing for donated merchandise, meals, and a VA season ski pass. 7:50 3. Public Hearing - UMRD Par 3 Golf Course Rob Robinson Kristan Pritz 8:45 4. Approval of Minutes of the October 2 and 16, 1990 Meetings 8:50 5. Ordinance No. 38, Series of 1990, second reading, annual Steve Barwick appropriation ordinance: adopting a budget and financial Ron Phillips 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. Action Requested of Council: Approve/deny Ordinance No. 38, Series of 1990, on second reading. 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 No. 38, Series of 1990, on second reading. 9:05 6. Ordinance No. 39, Series of 1990, second reading, an Steve Thompson 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 Reauested of Council: Approve/deny/modify Ordinance No. 39, Series of 1990, on second 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 No. 39, Series of 1990, on second reading. 9:20 7. Ordinance No. 36, Series of 1990, first reading, an Kristan Pritz 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. Action Requested of Council: Approve/deny/modify amendments proposed to the pay-in-Lieu parking program in Ordinance No. 36, Series of 1990, on first reading. 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 No. 36, Series of 1990, on first reading. 9:45 8. Ordinance No. 40, Series of 1990, first reading, authorizing Ken Hughey Town of Vail participation in the Eagle County Emergency Telephone Service System Action Requested of Council: Approve/deny Ordinance No. 40, Series of 1990, on first reading. Background Rationale: In order to get an E-9-1-1 system established in Eagle County and to ensure Town of Vail participation, we must pass an ordinance allowing 1) the Mayor to sign an intergovernmental agreement; 2) authorizing an emergency telephone surcharge; and 3) authorizing service suppliers to collect the surcharge. Staff Recommendation: Approve Ordinance No. 40, Series of 1990, on first reading. 10:00 9. Appointment to Local Liquor Licensing Authority Board Pam Brandmeyer Action Requested of Council: Reappoint Kevin Cassidy to the Liquor Authority Board. Background/Rationale: I have received one application for the current position open and that is Kevin Cassidy, who has served on the Board since November of 1988. Enclosed please find his attendance record. This applicant is to be reappointed for approximately a year-and-a-half, until June 1992, when by ordinance, all terms for the Local Licensing Authority are to be reappointed. l 10:10 10. Adjournment -2- Yail Metro Rec District Par 3 Booth Creek Golf Course ( Budget Analysis 9 July 90 Budget Lox Mean High COURSE CONSTRUCTION: Planning b Survey 8000 10000 12000 Architectural 20000 25000 30000 Excavation/Forming 80000 100000 120000 Irrigation Design 12800 16000 19200 Irrigation Mat'1/Inst 100000 125000 150000 Pump Station 40000 511000 60000 lister to Pump Station 8000 10000 12000 (Water Rights) 0 0 Electric to Pump Station 4800 6000 7200 Seed, Sod, Fertilize 9600 12000 14400 Sand 20000 25000 30000 Trees, Scrubs 16000 20000 24000 Fencing 1600 2000 2400 Equipment 48000 60000 72000 Sub-T 368800 461000 553200 CLUBHOUSE: Architect 12000 13500 15000 Building w/ Cart Storage 100000 115000 130000 Landscape 20000 25000 30000 Paving 25000 27500 30000 Concession 0 0 Furniture 2000 3000 4000 Carts 20000 25000 30000 Sewer Tap 3750 5125 6500 Water Tap 6000 8200 10400 Sub-T 188750 222325 255900 ADMINISTRATIVE: Bond Issue Cost 0 0 band Purchase/Lease 0 0 Startup Costs 0 0 Sub-T 0 0 Totals 557550 683325 809100 f . ti BOOTH CREEK PAR 3 Proposed 1st Year Operating Budget Salaries (5 mo. season - 2 staff present all times) $25,200. Workmen's Comp. (.03$ gross salaries) 756. Medicare (.0145 gross salaries) 365.40 Printing (brochures, rainchecks, bag tags, cart forms) 1,500.. Advertising 2,500. Building Repair & Maint. 1,500. Alarm Fees $65/quarter 260. Utilities/water & sewer 750. Otilities/electric 1,500. Telephone charges 2 lines plus EDC 1,200. Trash Removal $200/mo. x 6 mo. 1,200. Janitorial supplies 2,000. Golf Operating Supplies (scorecards,. pencils, .tees, starter books) 6,500. Misc. Operating Supplies (first aid, lightbulbs, trash barrels, signs) 1,500. Banking services Capital Outlay/Office Equipment ($500-cash reg.,$850-EDC) 1,350. Capital Outlay/Golf Equip. ($1,200-pull carts, $3,000- rental clubs) 4,200. Capital Outlay/Misc. ($500-vacuum, $300-bike racks, $400-bag racks) 1,200. $53,481.40 i -y BOOTH CREEK PA.R 3 Proposed Fee Structure Passes Jr. $ 50. Resident 150. Non-Resident 250. Greens Fees 9 holes $ 15. 18 holes 25. Electric Carts 9 Cart $ 10. 1/2 - 9 Cart 5. 18 Cart 20. 1/2 - 18 Cart 10. Pull Carts 9 Hole $ 2. 18 Hole 4. Rental Clubs 9 Hole $ 10. 18 Hole 20. r APPROXIMATE COST OF MAINTENANCE FOR PAR 3 (Proposed) 2 people/day x 150 days $20.00/hr. x 8 hrs x 150 days $24,000 Supervision, irrigation checks 4,000 $28,000 Fertilizer, herbicides, fungicides $ 2,000 Operating supplies 1,000 Soil, sand, etc. 1,000 Irrigation maintenance & repair parts 1,000 Landscape supplies, misc. 1,000 $34,000 1 ~ . • I rsrlct~ r O cross ~ .ooTl/ VAIL VILLAGE 13th FILING s • la ~ >a.. >a>s TIIACT c ~ s, ; 14 VAIL Vlt-CAGE (3th FLING ~ s • b • • 1 . 7 • : ` ' sN0 1. 7100 TRACT C ro ~ 11 b 7rN uT. s..s tTO.:TRw ~ . q 7as srto' ~ i ~ ~ ~ ~i tsw ! © ~ ~ sal / ® ~ .ooTll tR[ot ~ s y s Q 1 ro+nllllollsn >tslo ~D ssyo sa>+o [sa ss~ fT70 1 n I. 10 y[ ~ ~ ~ d V w+~ eA/. 7700 TRACT • a ~ R ® \ A MA II ~ ~ !1 ~ >aM~O ~ Z ~ A ~ ~ !s ~ TRACT A ~ ~ T 25 y i r~ - .r.=~ :7.. R T ~ GE T~ttLl• NG ~-~K2,VA~VILLAGE VAIL VILLA Il~th. FILING w~T•n ~ 13th FILING _ i, _ ,.IK,? ,Iwlc ® ~ ~ iYlwAllawo ~ IMT[IgTAT[ TO ypVNT4K ~NCt/ ~ a 1 y ~ V ~ ~NMOYES Ia1MA11p1~ AgP M ! 1 ! 3 4 A ~M tM0 s!a!0 sHS \ s7N ~ ~ ~ 11 lq 7!W ' 1 I! r IT ~ ~ s!p q 70670 • >ba0 [ >ab 11 ACC[!! TO ~ I! 'fy q0 i I 2 ! ~1T ~T i IIIIR,?TT[0 ~ 7~ tb0 M IS + S I~MT[I1 TRlATM[NT ! ~T ~ VAIL VILLAGE p TM+CT '"'~T~ RESUBDNISIO OF TRACT VAIL VILLAGE 11th. FILWG uaRATTCc r MINUTES VAIL TOWN COUNCIL MEETING OCTOBER 2, 1990 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, October 2, 1990, at 7:30 p.m., in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: Kent Rose, Mayor Tom Steinberg, Mayor Pro-Tem Lynn Fritzlen Merv Lapin Robert Levine Peggy Osterfoss MEMBERS ABSENT: Jim Gibson TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first item on the agenda was the approval of minutes of the September 4 and 18, 1990, meetings. Merv Lapin questioned Kristan Pritz as to the minutes of September 4, 1990, regarding the withdrawal of the request from the Mariott Mark for rezoning on second reading. He asked what the staff's opinion was in going forward with that even though the applicant does not wish to go forward with the request regarding underlying zoning. Kristan stated that clearing up the underlying zoning would be helpful for the western and middle portions that would become HDMF, with the eastern portion being originally zoned PA. Merv Lapin asked if there was any question in the staff's mind as to what the underlying zoning is as the property now stands. Kristan stated that at this point in the staff's opinion it is clear, and needed to be put into the SDD so if there was a question in the future the information would be available. Kristan stated she would like to work with the applicant on the application of the zoning. Merv stated that if there was any confusion as to what the underlying zoning was, this would be the time to solve the problem and clarify it for the record. Kristan stated that it was clear to her but thought it would be helpful for any future staff person to define the position. Peggy Osterfoss made a motion to approve the minutes of September 4 and September 18, 1990. Tom Steinberg seconded the motion. A vote was taken and the motion passed unanimously. There was no Citizen Participation. The next item on the agenda was Ordinance No. 33, Series of 1990, first reading, an ordinance amending Special Development District No. 4, Coldstream Condominiums. Mayor Rose read the title in full. Shelly Mello presented the ordinance to the Council, amending the GRFA allowed at Coldstream Condominiums and SDD No. 4. The applicant is asking for an increase of 1032 additional square feet of GRFA. Shelly stated that as a result of remeasuring the property, the GRFA was actually 66,878 square feet, rather than 63,968 square feet which was indicated in the Town of Vail files. The staff recommends approval of the request with conditions as stated in the staff memo. Shelly also stated the Planning Commission had approved the request unanimously, with additional restrictions as listed on the first page of the memo. Eric Hill, representing the applicant, gave a history of the project. The Council raised concerns regarding the need to grant the additional GRFA, what the additional ` space was to be used for, parking concerns, recreational amenities, and employee housing. Shelly stated it had been disclosed that they had received their rec fee back of approximately $23,000.00, which would have to be repaid when the applicant requests to convert the existing facility. Tom Steinberg asked if it wouldn't make more sense to ask for the additional GRFA when the condominium association was in a position to request approval for the addition of an affordable housing unit, rather than making it a two-step process. Peggy Osterfoss concurred. Mayor Rose felt the consensus of the Council was that the concept of additional GRFA was not opposed, but it should be granted when the applicant comes in for employee housing approval. Kevin McTavish, representing the condominium association, stated the owners did wish to use this additional GRFA for a deck expansion, but that the requirement to build 2-3 employee units in a given place was highly restrictive. He stated that the racquet facility was unused at this time and would be the most likely spot for employee housing. After a lengthy discussion, Merv Lapin made a motion to deny Ordinance #33, Series of 1990, on first reading. Peggy Osterfoss seconded the motion. Rob Levine asked to go on record as saying that if and when the applicant y 1~ comes back and requests the space specifically for employee housing that he would be receptive to approval. Merv Lapin agreed. Peggy Osterfoss stated that it would be beneficial to have a more comprehensive plan in place before resubmittal. A vote was taken on the motion and was passed unanimously. The next item on the agenda was first reading of Ordinance #34, Series of 1990, an ordinance relating to bed and breakfasts paying a Town annual business license fee and being treated in the same manner as short term rental businesses. Mayor Rose read the title in full. Sally Lorton, sales tax administrator, presented the ordinance to the Council. Sally stated that the purpose of this ordinance was to regulate bed and breakfasts in the same manner as short term rental businesses were being regulated. Any unit with more than 2 rental units would be required to pay a license fee. Merv Lapin asked how many units were presently licensed in the Town. Sally stated there were two licensed and approximately 7 or 8 unlicensed businesses in town. Larry Eskwith, Town Attorney, advised the Council that this ordinance was identical to the short term rental ordinance. There was discussion as to which businesses would be required to pay the business license fee. Merv Lapin made a motion to approve Ordinance #34, Series of 1990, on first reading. Tom Steinberg seconded the motion. Peggy Osterfoss stated that she felt both short term rentals and bed and breakfasts should be contributing in some way to the marketing fund like all other businesses in the community. For that reason, she felt that she would not be able to vote in favor of this ordinance. Merv Lapin stated that considering the enforcement problem and amount of monies it involved, he thought it was not good legislation the way we presently were doing it. Mayor Rose stated that he shared Peggy's thoughts on this, but also felt that with what was going to happen at the County or State level with the reassessment of residential property to commercial property, this ordinance and several other ordinances would need to be further reviewed regarding commercial uses. Peggy Osterfoss agreed and concurred that some other arrangement should be reviewed for a marketing fee that wasn't based on operating a business. Tom Steinberg stated that they do contribute in a small way by paying sales tax. Peggy Osterfoss asked how many do, in fact, pay sales tax. Sally Lorton stated that the businesses do want to pay the sales tax, but did not feel that a business license fee was appropriate. Merv Lapin stated that he felt many of the businesses were doing this as a matter of survival, not as a profitable business, and they were, in fact, helping the economy. A vote was taken on the motion and the motion passed unanimously. Peggy Osterfoss stated that she had inadvertently voted for the motion. The next item on the agenda was the first reading of Ordinance #35, Series of 1990, an ordinance defining the term "construction materials". Mayor Rose read the title in full. Merv Lapin stated that he thought this ordinance had been presented to Council previously and questioned the legality of it. Larry Eskwith stated that this does not change anything, only defines the term. There was some discussion on the definition of construction materials. A motion was made. by Rob Levine to approve Ordinance #35, Series of 1990, on first reading. Tom Steinberg seconded the motion. Merv Lapin clarified the purpose of defining what are construction materials for tax purposes, those items being considered construction materials being tax exempt. A vote was taken and the ordinance was approved 5 - 1, Lynn Fritzlen opposing. The next item on the agenda was the action on the Forest Service Participating Agreement. Ron Phillips addressed the Council regarding the work being done over the past year by the Forest Service, the Town of Avon, the Town of Minturn, Eagle County, and the two resort associations, to reach an agreement regarding the new information center at Dowd Junction. Phillips stated that the agreement presented to the Council had been approved by most of the entities involved, and $15,000.00 is budgeted to contribute to that effort. This is the same amount that is being contributed by the Town of Avon and Eagle County. The money contributed will be used to construct a public area in the main entry office of the Forest Service building for a visitor center. Tom Steinberg stated that Eagle County's contribution was $13,500. Merv Lapin asked if the Town of Vail would be supplying any personnel at the facility. Ron Phillips stated that URA and ABCRA have the right to provide personnel if they desire. Bill Wood, from the White River National Forest Service office, stated that he had spent quite a bit of time over the last year working with Ron and the signatories on the agreement, getting it to a point where it was ready to be signed. He did state that the Avon/Beaver Creek Resort Association, because of some internal considerations, is unable to sign this agreement at this time. All of the other entities are receptive to this agreement. He did not feel this would affect the URA or the Town of Vail. Merv Lapin asked what the annual operating costs were expected to be. Bill stated that he estimated that the overhead costs would be approximately $10,000. This does not include Forest Service personnel. Bill stated that the building the Forest Service is _2_ i~ ~ ~ ~ ~ r presently occupying will go back to its owners. Mayor Rose asked Bill to give an overview of what will be housed in the new facility and the benefit to the _ community. Bill stated that the building will be located at I-70 and Highway 24. Start-up date for building is May 1, 1991, with plans to be occupying the facility in October of 1991. The office will be open 8-5 Monday through Friday on a year-round basis, with the office being opon on weekends during the summer months. He stated that URA had expressed an interest in staffing it on weekends on a year-round basis. The Forest Service felt this was a highly visible location and . had high potential to serve as a Regional Information Center for all area entities. Tom Steinberg asked if the Forest Service received credit for tap fees from the old Meadow Mountain building that was previously on that site. Bill stated that he did not believe they did. He stated the Forest had to develop their own water system there, but the engineers were working on the sewer tap fee issue. Peggy Osterfoss reiterated her concern of extending the hours of operation, particularly during the summer. Bill agreed. A motion was made by Merv Lapin that the Participating Agreement between the White River National Forest, the Avon/Beaver Creek Resort Association, the Vail Resort Association, the Town of Minturn, the Town of Avon, the Town of Vail, and Eagle County be approved. Tom Steinberg seconded the motion. A vote was taken and the motion passed unanimously. The next item on the agenda was the appeal of the PEC decision to approve the preliminary plan, retaining wall height variance, and road grade variance for the Spraddle Creek Subdivision: George Gillett, applicant. Mayor Rose excused himself from the bench, as the company he works for has been involved in the design of the project. He stated he would be available for any questions that should arise in the discussion. Jay Peterson, representing the applicant, gave a brief history of the project prior to Kristan taking the floor. Kristan stated she would be hitting the highlights of the proposal and,that.the staff did recommend approval on two variances regarding retaining wall height, road grade variance, and the preliminary plan. Kristan stated there were 14 buildable hillside residential lots, each of which may have a caretaker unit up to 1200 square feet. Three employee housing units will also be built. There was discussion regarding the time frame for building the employee housing units. Kristan explained the soil-nailing system to the Council. The staff had asked the applicant to look into this type of system for the project. Various types of landscaping plants, bushes, and vines, were discussed by the Council and applicant. Kristan reviewed each item in the staff memo dated September 24, 1990, to the Council. A concern was expressed by Peggy Osterfoss relating to the length of time the applicant will be responsible for the landscaping of the project. Also, it was felt a minimum square footage amount for the caretaker units should be determined between staff and the applicant. There was discussion relating to an on-site livery being allowed within the subdivision. Kristan stated that the next step would be to go back to the Planning Commission for final plat approval. Peggy Osterfoss reiterated her concern for at least one employee housing unit to be built in phase one of the project. Tom Steinberg requested that the word "vines" be added to the list in Item #23. Kristan stated that the applicant had worked very closely with the staff to ensure that all points were covered and fine-tuned before presentation. Jay Peterson wished to mention that Bill Wood from the Forest Service had given a lot of his time in working with the applicant and staff as well, in the preparation process. After some discussion relating to filing fees vs. time spent on this project thus far, Merv Lapin made a motion that the PEC decision and recommendations October 2, 1990, on the Gillett subdivision be approved, with the clarification on Item #7, relating to only one woodburning fireplace utilized in the total structure; on #9, that the life of the trees be addressed to be at least 2 years and be replaced if they don't survive; on Item #19, a minimum square footage be added and that a time be put on when the first employee ; housing unit would be added; and on #17, put a definite time on the period rather than saying two to three. Rob Levine seconded the motion. Peggy Osterfoss stated that a good job had been done by the staff and the applicant on this project thus far. A vote was taken and the motion passed unanimously. Dan Corcoran stated he would like to thank Kristan Pritz, Greg Hall, and Todd Oppenheimer, for their hard work and for the department heads within the Town of Vail for their assistance. The next item on the agenda was a request to amend the Town of Vail's snow avalanche hazard map in the general vicinity of Vail Meadows, Filing No. 1. Greg Hall and Shelly Mello, representing the Town of Vail, presented the item to the Council. A map was handed out to the Council relating to Lot 22, Vail Meadows Filing No. 1. The red and blue hazard areas were defined on the maps given to the Council. Art Mears, an expert in the field of avalanche hazards, was hired by the Town to study the subject area and report back to the Town on his findings. The study being proposed for adoption shows that the red hazard zone is moved uphill to the east while the end of the blue zone essentially remains the same, as indicated in the 1977 study. The new study would allow for development on Lot 22. Art Mears gave a -3- report to the Council on his findings. One of the major concerns was in regard to if the effects of the water tower above the subject lot if it were to be in the path of an avalanche. The Council is being asked to amend the hazard map according to the information found by the Mears' study, as the Town of Vail requested and paid for the study, rather than the property owner. The Council asked Larry Eskwith what his opinion was as to who would be liable for the damage if the water tank were to break. Larry stated that he would need to investigate the matter further before giving an opinion. After some discussion, Peggy Osterfoss made a motion to approve the request to amend the Snow Avalanche Hazard Map in the general vicinity of Vail Meadows. Tom Steinberg seconded the motion. Tom Steinberg asked if Upper Eagle Valley was aware of all this information.. Jerry Bender from Upper Eagle Valley Consolidated Water and Sanitation Districts addressed the Council and assured them the district was very much aware of the study and possible liability and they were reviewing the studies conducted. Motion passed 5-2, Merv Lapin opposing. Mayor Rose thanked all concerned with work done on this project. The next item on the agenda was an appeal of the DRB decision to deny approval of construction of a fence/trench to mitigate rockfall hazard at Booth Falls. Greg Hall of the Public Works Department, the applicant, presented the item to the Council. There was discussion on the use of the trench/fence method as opposed to the berm/trench presently being used to mitigate the rockfall hazard. Mayor Rose stated that the Council should see the fence/trench solution presentation that the DRB saw. Ken Brotsky, Senior Uice President of Banner Consulting Engineering and Architects of Glenwood Springs whose firm has been retained by the Public Works Department to design and monitor construction of a rockfall mitigation system, gave a presentation on the fence/trench solution to the Council. He stated the fence was developed in Switzerland, and has been introduced in the United States within the last 4-5 years. The proposal calls for removing a portion of the existing berm and placing that material back into the trench to develop a wide flat area. The fence could then be installed in the flat area. This flat area will also allow some room behind the fence for equipment to remove any rocks that had fallen down. It was felt that the area below the fence could be removed from the high hazard area with the installation of this fence. Jill Kammerer asked Ken to address the stability of the existing berm and whether the Council needed to be concerned about the solution to the problem prior to next spring. Ken stated that there was a concern at the same time last year and felt that precautions taken then eliminated the danger of the berm coming down the hill. The cost of the fence is approximately $200,000. Larry Eskwith asked the Council to deal with the matter of the appeal of the DRB decision at hand, rather than get into the matters that may relate to a current lawsuit involving the Town of Vail resulting from existing berm construction. Discussion was held as to the landscaping to be done to eliminate the visual impact of the scar currently on the mountainside, and who will be paying for the mitigation to be done. Larry Eskwith again stated that the issue at hand was the DRB decision regarding construction of the fence/trench, as opposed to areas the Council was getting into at this time. Larry suggested that the Council should call an Executive Session to discuss these concerns. Ray Story, Booth Falls resident, voiced his concerns with the chain on events leading to the decision to install the fence/trench solution. Mayor Rose stated that he would not be able to make a decision at this meeting, although he felt the discussion that was held was beneficial in knowing what the DRB concerns were. He felt the next step would be to go into an Executive Session in the very near future and discuss the Council's legal responsibilities, liabilities, and thoroughly understand the issue, and then come back into a public discussion. Larry Eskwith agreed. Larry stated to Ray Story that the Town had not gone out to bid for this solution and that nothing has been done to proceed with it. Because of the time limitations, it was felt that the Town , needed to get DRB approval as soon as possible so that if this was the solution chosen, it could be done this fall. A motion was made by Lynn Fritzlen and seconded by Merv Lapin to table this issue until further direction from the staff. Ron Phillips, Town Manager, informed the Council that Joe Pellar called him today, owner of the lot at the west end of the mitigation. Ron had been asked to express to the Council Mr. Pellar's opposition to the fence. Mayor Rose stated to Larry that if the motion did pass to table the issue, an Executive Session needed to be scheduled as quickly as possible so the Council could understand the legal issues. Larry suggested the next Council work session. Peggy Osterfoss asked Larry to also give the Council guidance as to how the neighborhood could be involved in the solution to this. A vote was taken and the motion passed unanimously. The last item on the agenda was an appeal of the DRB decision to deny approval of a proposed bike path on the north side of Bighorn Road in Colorado Department of Highway right-of-way. Mayor Rose stated that this was located mainly in the East Uail area from Streamside Circle to the east Town boundary. Jill Kammerer and Greg Hall presented the appeal to the Council. The wall in question could be constructed -4- ~ . ~ out of several different types of materials and these were presented to the Council. The Highway Department was against the dry stack boulder wall. The DRB voted against the wall only because of the 1300 foot length. The wall varied in height between 2-4-6 foot lengths. The cost of the wall was also a DRB concern. If the wall were to extend above 6 feet, it would need a variance approved by PEC. The application has been tabled at this time. J ill Kammerer stated that the reason the design of the wall had gone to Design Review Board before the wall height variance had been requested was the materials to be used in constructing the wall would make a difference in the height variance requested from the Planning Commission. Greg reviewed the Highway Department's concerns over the wall and the widening of the bike path. Tom Steinberg asked if there were traffic figures for automobiles using this particular section of the road. Greg stated that these figures were available, however, he did not have them with him. Peggy Osterfoss asked why the DRB was concerned with the cost of the construction. Greg stated hat the DRB was possibly over-stepping its boundaries at that point. Tom Steinberg stated that the reason he asked about the traffic numbers is the possibility of one-waging traffic at that point and bringing the traffic back through the developments and using some of the highway right-of-way for bicycles on each side of the road. Tom was interested in investigating a way to do away with the construction of the wall. Greg stated that the road in question is a Town of Vail road that the Town has jurisdiction over. The only concern the Highway Department would have is the fill flow. Much discussion was held relating to the location of the path. Merv Lapin concurred with George Lamb's memo regarding rerouting of the bike path, stating that there was enough traffic on Bighorn Road, with cars and buses traveling there. Greg stated that buses did not use this particular road on their routes. Mayor Rose stated he thought it would be beneficial for the Council to take a look at the area in question to see what options were available. Merv Lapin suggested getting input from local bikers also. A motion to table this issue until the Council reviews their options was made by Rob Levine and seconded by Tom Steinberg. A vote was taken on the motion and it was passed unanimously. As there was no further business, the meeting was adjourned at 11:35 p.m. Respectfully submitted, Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk Minutes taken by Mary A. Caster -5- M ~ MINUTES VAIL TOWN COUNCIL MEETING OCTOBER 16, 1990 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, October 16, 1990, at - 7:30 p.m., in the Council Chambers of the Uail Municipal Building. MEMBERS PRESENT: Kent Rose, Mayor . Tom Steinberg, Mayor Pro-Tem Lynn Fritzlen Jim Gibson Merv Lapin Robert Levine - Peggy Osterfoss MEMBERS ABSENT: None TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager ' Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first item was Citizen Participation, which there was none. At this time, Mayor Rose moved up item 12 on the agenda, the appointment of the Vail Town Council's representative to the Vail Valley Marketing Board. The two applicants for the position were Jim Feldhaus and Caroline Tremblay. A secret ballot vote was taken, and Mayor Rose announced the majority vote was for Jim Feldhaus. Mike Cacioppo stated his objections to the secret ballot vote. Jim Gibson made a motion to appoint Jim Feldhaus to the position, which Tom Steinberg seconded. A vote was taken and the motion passed unanimously 7-0. Mayor Rose thanked both applicants. Next were campaign statements made by the County Commissioner candidates. Linda Johnson and Bud Gates stated their campaign positions, then answered questions of Council and the public. They did note there would be two candidate forums in the near future - Thursday, October 18, 7:00 p.m., at the Eagle County Fairgrounds, and Wednesday, October 24, 7:00 p.m., at the Days Inn Hotel. A public hearing regarding use of the Town-owned Mountain Bell site for affordable housing was next. Ron Phillips stated they had been working the last few months with Professional Development Corporation (PDC) on affordable housing, and that one possible site was the Mountain Bell site, noting the exact location. He noted there were generic drawings of site plans, and stated four questions which should be answered tonight: 1) Should Town of Vail land be used for affordable housing if it is zoned agricultural/open space?; 2) What type of restrictions should be in the lease agreement? (Rental rates, etc.?); 3) Should unit numbers be allowed to exceed the Land Use Plan allowable number if GRFA and other zone district standards are not exceeded?; and 4) Should TOU consider buying the two private sites with lease proceeds so we control all three sites? Ron then commented Tom Campbell of PDC would discuss and give a presentation. Mayor Rose stated for the record that Lynn Fritzlen had stepped down on this issue. Tom Campbell reviewed the entire number of units and the plan to give money to the Town to purchase two other privately owned sites to keep for affordable housing. Mr. Lewis Lucas, of PDC, noted they have options on the other two sites and an agreement that at the closing of the bonds, the total amount for the land would be paid to the Town for lease of all three sites, also there were two or three approaches to controlling the terms of the price, and discussed conditioning zoning restrictions so only locals could rent. Bill Pierce, Architect, then reviewed preliminary site plans. In reviewing the three sites, he noted that the Intermountain property had access from three sides, bus service, and the least cost for excavation; the Oberlohr site had all the shopping needs and bus service; and the Mountain Bell property was the best site for convenience and an integral part of the plan. After some discussion regarding the zoning process and potential problems, PDC representatives remarked why they needed the Town's cooperation saying all is a "go." There was also some talk about long term leasing and restrictions on rents, management requirements, and long range planning for building upkeep. There was much discussion by Council regarding their concerns, questions, and what exactly did Council need to decide tonight. Tom Steinberg and Jim Gibson noted they were very much in favor of using Town land for affordable housing needs. Mike Cacioppo added his concerns of PDC. After some .h discussion regarding proposed rental rates, Sue Dugan questioned appearance of the ~ buildings, utilities, cost of construction, and debt service. Jim Gibson then moved to approve consideration of the Town-owned Mountain Bell site for affordable housing development, which was seconded by Tom Steinberg. Chas Barnardt had questions on the .privately owned property which would~be swallowed up in this deal and noted his concerns. Kristan Pritz mentioned to the public that a work session on all three sites with the Planning and Environmental Commission would be held Monday, October 22, 11:00 a.m., or if anyone could not make it, please contact Fritzlen-Pierce architects to look at the plans and have his/her questions answered. Peter Franke, Peter Apostle, and Pat Kephart, residents of Intermountain, all stated reasons why they were opposed to employee housing in their area. Joe Macy, representing Vail Associates, urged Council to adopt the motion. Bob Nelson commented he was against rezoning for increased density, feeling the rental rates were not appropriate, and was suspicious of PDC. A vote was taken and the motion passed 5-1-1, with Merv Lapin opposing, and Lynn Fritzlen abstaining. Merv Lapin explained he was opposed to use of open space for additional density, that he preferred to purchase land or use land already zoned appropriately. He also stated he liked the idea it was being done by private development, and if the project does go forward, he would work to see all figures are kept at a minimum. Fifth was a consent agenda of the following: 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. 6. 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. Mayor Rose read the full titles of the ordinances. Peggy Osterfoss requested Ordinance No. 34 be taken off the consent agenda, as she had problems with it. After a short discussion on Ordinance No. 34 regarding changing the word "units" to "bedrooms" under Section l.c), Merv Lapin made a motion approving the ordinance on second reading with the wording change. A second was made by Tom Steinberg. Peggy Osterfoss remarked she was opposed because she felt everyone should be involved in the marketing effort. A vote was taken and the motion passed 6-1, with Peggy Osterfoss opposing. Next was action on Ordinance No. 35. There was no discussion by Council or the public. Merv Lapin made a motion approving the ordinance on second reading, which Tom Steinberg seconded. A vote was taken and the motion passed unanimously 7-0. Ordinance No. 36, Series of 1990, first reading, regarding the pay-in-lieu parking program was discussed next. The full title was read by Mayor Rose. Kristan Pritz asked that this item be tabled so the Community Development Department could do a mass mailing as a courtesy to the business people. Merv Lapin made a motion to table the ordinance for an indefinite time. Peggy Osterfoss seconded the motion. A vote was taken and the motion passed unanimously 7-0. The eighth item was Ordinance No. 37, Series of 1990, first reading, regarding the definition of gross residential floor area (GRFA). The full title was read by Mayor Rose. Kristan Pritz requested this item be withdrawn indefinitely. She told Council her department found they have to notify every lot owner, which was quite a project to handle properly, and did not know just how long this would take. Peggy Osterfoss made a motion to withdraw the ordinance from consideration, which Tom Steinberg seconded. A vote was taken and the motion passed unanimously 7-0. Next was Ordinance No. 38, Series of 1990, first reading, the annual appropriation .ordinance adopting the 1991 budget. Mayor Rose read the full title. Steve Barwick briefly reviewed the budget (since so few members of the public were present) and answered questions of Council. Peggy Osterfoss requested the donation to the Vail Valley Foundation be brought up $5,000, back to $25,000, to help long term relations. After some discussion by Council, Peggy Osterfoss made a motion to increase the fund donation to the Vail Valley Foundation up to $25,000. A second was made by Jim Gibson. Joe Macy, representing Vail Associates, stated they would support the suggestion and it would be the best spent $25,000 in the community. A vote was taken and the motion passed unanimously 7-0. Merv Lapin questioned the lack of funding for Drug Free Colorado, and if it was because they would receive -2- a i~ money from drug seizure funds, to which Ken Hughey responded he did not think that was it, but would research for second reading. Merv Lapin also requested information from Steve Barwick for second reading regarding in-kind services costs. Jim Gibson made a motion to approve the ordinance as amended, which Rob Levine seconded. Merv Lapin explained he was not comfortable with the fund balance, that he would prefer it at 15% of the general fund; also, he would like the paving project delayed a year so more money would be available. He continued that he was overwhelmed with the quantity of information he had received, and liked the format staff used, but felt he would like staff to list previous year's salaries in comparison to requested.. Merv remarked he would like a Councilmember assigned to each department to become an expert in that department and pass information on to ` other Councilmembers; he felt this would make it less overwhelming. He also felt it would be advantageous to have zero based budgeting. A vote was taken and the motion passed unanimously 7-0. The tenth item was Ordinance No. 39, Series of 1990, first reading, authorizing the issuance of a Town of Vail short-term promissory note. The full title was read by Mayor Rose. Steve Thompson answered questions of Council. Peggy Osterfoss moved to approve the ordinance, which Tom Steinberg seconded. Lynn Fritzlen commented this was only a line of credit, not financing, and Council would be making a decision on the future of the Berry Creek parcel by the end of the year. A vote was taken and the motion passed unanimously 7-0. Next was a proclamation designating October 20-28, 1990, as "Red Ribbon Week." After a brief discussion, a motion to approve the proclamation was made by Peggy Osterfoss and seconded by Tom Steinberg. A vote was taken and the motion passed unanimously 7-0. Resolution No. 22, Series of 1990, opposing proposed Amendment No. 1 of the Colorado Constitution, was next on the agenda. Merv Lapin declared his concerns. Staff responded by discussing major problems with Amendment No. 1. Mayor Rose responded that less than one citizen had been to any budget work sessions and at first reading of the budget ordinance tonight, and he felt he had to look at it as a positive statement they were doing something right and do not need Amendment No. 1. Peggy Osterfoss made a motion to approve the resolution, and Tom Steinberg seconded. A vote was taken and the motion passed unanimously 7-0. Next was Resolution No. 23, Series of 1990, opposing a Congressional mandate of Social Security and Medicare coverage. Ron Phillips gave brief background information regarding the resolution, noting if it was approved, it would be faxed to our Congressional delegates the next day to let them know once more how the Town of Vail felt. James Johnson requested the word "reduction" be changed to "elimination" in the first line of the resolution, and explained his reasoning. Merv Lapin made a motion to approve the resolution with the wording change made by James. Tom Steinberg seconded the motion. Lynn Fritzlen mentioned she was opposed to this the last time and would approve this time, but philosophically did not agree with it; she believed that government should be treated equally as with the private sector. A vote was taken and the motion passed unanimously 7-0. Merv Lapin recommended Council meet with Ed Drager or a representative of Upper Eagle Valley Water and Sanitation District to discuss Black Lakes, streams, etc., because the figures are worse than previously thought. Mayor Rose felt a joint meeting the the Water Board was appropriate and asked Ron to set one up. James Johnson informed the Council there was a State candidates forum being held Thursday, October 25, 7:00 p.m., at Manor Vail Lodge. ` There being no further business, the meeting was adjourned at 10:50 p.m. Respectfully submitted, Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk Minutes taken by Brenda Chesman -3- ORDINANCE NO. 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 / $12,931,288 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: 29,728,345 Less Interfund Transfers: <7,213,151> Total Budget $22,515,194 -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 6.513 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 $1,874,418 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 -2- t ORDINANCE NO. ~9 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. 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 M 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 FundZ; 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 THF's 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 f law. (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. -2- WP194502-003/8 . (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 FundZ. 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 ZDecemb~r 7„_ 1990_ I and shall bear interest from 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 November 30. 1991,._ I and shall bear interest on the amount of principal, if any, outstanding on the line of credit contained in the -3- WP194502-003/8 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. Section 4. Paving Agent; Transfer and Exchange. 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 -4- WP194502-003/8 ~ 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 for 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. Prepayment 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 date; provided, however, that no prepayment by the Town in whole or in part of the Note shall prohibit the Town from obtaining future advances on the line of credit contained in f the Note up to the maximum principal amount of the Note. Section 6. Notice of Prepayment. The Note may be prepaid without giving prior notice to the Registered Owner. -5- WP194502-003/8 Section 7. Execution of the Note. The Note shall be ~ executed i~ 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 8. Delivery 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 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 stall not be responsible for the application or dispc>sal of the funds derived from any draws upon the line of credit contained in the Note by the Town or any of its officers. -6- NP194502-003/8 J Section 9. Replacement 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 proper portion of, the proceeds of a drawing on the line of 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. -7- WP194502-003/8 Section 12. Payment of the Note. '.Phe 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 ii;. 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 i~aken 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. (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: -8- WP194502-003/8 (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 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 -9- WP194502-003/8 4 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 i~hat the issuance of such additional obligations will noi: 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. Further Covenants. 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. (b) The Registered Owner of tree 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. -10- WP194502-003/8 1 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 shall not affect, impair or invalidate the remaining provisions hereof, the intention being that the various ` provisions hereof are severable. -11- WP194502-003/8 Section 18. Repeals. 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. Section 21. Records. 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 -12- WP194502-003/8 r 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. -13- WP194502-003/8 PASSED ON FIRST READING and ordered published in full this 16th day of October 1990. Approved by: Town Clerk of Vail, Colorado Published: ZOc~ober 19, 1990 ~7ai1 Trail -14- 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: ZNovember 9, 1990 ZVail Trail I i -15- 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. 2~, (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 Owner 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 interest Lender's Town's Date Amount Amount Initials Initials I $ _ ~ I $ _ I ~ _ I A-2 WP194502-003/8 (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: Th.e signature to this assignment must correspond with the name a.s it appears upon the face of the within note in every particular, without alteration or enlargement or any changes whatever. A-3 WP194502-003/8 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 1973. 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 repealed 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 i 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 Town'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. Paraarat~h 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- site.. 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 should 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. Paraaraph 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 f 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 ~ Y 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 exem;~t; 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 redevelopment 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 4 _ 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. f 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 5 . 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. 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: 1 Pamela A. Brandmeyer, Town Clerk 6 A? EAS hAEADQW DR, MEADOW D~j ` `J TRACS p,.,,~ K ~ 1 3 c~ , ;.:t. ? ~ - GORE ~ ~ ? ? ~r ~ i TROT ~ /?1~ \r/~ , ~ ~ i `ti ~ 0 r I Jilt~. i/ !~iy Vin ~ i\ /.,tar p ea , / r ~ ~ - eriay~~~`~p Area " . ~ag~ park~n9 a No. 38,1990 va?1 p of prdlnan pppe,~dix ~ ~ ~ ~ ~ ppRK1N~ ' . ' . , 2 ~ ~ S7RUCTUFtE . VAt est. t tN~ . ~ Q~ ~ l--' - EAST LIONSHEAD i, r~ ~j~/\`I~i It \\I~\/~i /ij li%, 1'~ \i ~ : .1 ? \ i {1~/ 7 lJ I\r~ . =t ~ ~~?,,t'1 ~..Jr „v- fi~?`:~J~ i\ry~ I~\a:ir?J~ r\ 1 ? .1 (-..1?' /1 r r~ ~j/ t / / ,"mot-tom V_: \ Jr jI/ ~.M\ 1`, ~ l~_/ I,~i,~~l' 1.\, i_1~~ i~j~ ~I~f 11 ~ V i,~11` It\/11.! \//1 J\ sU:.li ~/~'1 _1'~/\~ r:~1J 1, r \ ~1~ r- i 1 . t ? 1i i` ~J~f.?.L/1~/?~ ``'Jf- IJ\' t`! ~ f" ilk ? 1, r i\ 1' t ~p,C,a- G '''1~ V ; ~.It~;; ~ - ~~,L.ATTED G~ ' ~ ~ TRACE TRp?~ D ' ~ M K ~ R~ $ . ~ ~ z 3 TRACT A ~ , •,2-„1,1. ~i X1.1: 1 ~-llil\~ %I iJ% i Ij Iri1'v!, ~t~ ~ ;t it i~1 i/\, ~1~ /~\.Ij1~,~J1~~1~~-~~!'i'f~(.~I rsi + 1 //i ./~j ~IrL lw` i~..~lj~ i`~y~li/r!„`'-~I in program Overlay dap a~w.o~rMe Lionshead Park g p 1990 Note:ttlo uo~• ~°u~ is ~nc?ude p pendix 8 of Ordinance No• 36, P ORDINANCE N0. 40 Series of 1990 AN ORDINANCE AUTHORIZING THE MAYOR OF THE TOWN OF VAIL TO SIGN AN INTERGOVERNMENTAL AGREEMENT CREATING AN EAGLE COUNTY EMERGENCY TELEPHONE SERVICE AUTHORITY WITHIN EAGLE COUNTY WHICH AUTHORITY SHALL INCLUDE THE TOWN OF VAIL; AUTHORIZING THE IMPOSITION OF AN EMERGENCY TELEPHONE CHARGE UPON TELEPHONE EXCHANGE ACCESS FACILITIES ,WITHIN VAIL; AND AUTHORIZING SERVICE SUPPLIERS TO COLLECT SAID EMERGENCY TELEPHONE CHARGES. WHEREAS, in the interest of protecting and preserving public safety and welfare, it is desirable that the citizens of the Town of Vail, Eagle County, Colorado be provided with emergency telephone service (sometimes called E-9-1-1) to aid the timely provision for emergency service; and WHEREAS, the Emergency Telephone Service Act, C.R.S. 29-11-101 et seq. ("the Act") authorizes governing bodies to impose a charge upon each exchange access facility (telephone service subscriber line) to pay for the installation costs and directly related costs of the continued operation of an emergency telephone service. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. The Mayor is authorized to sign the intergovernmental agreement creating an Eagle County Emergency Telephone Service Authority. 2. Pursuant to the Act, all telephone access facilities within the Town of Vail, Eagle County, Colorado, shall have imposed upon them an emergency telephone charge in a monthly amount not to exceed seventy cents ($.70). Upon recommendation of the Eagle County Emergency Telephone Service Authority, the Town Council, may by resolution, raise or lower the emergency telephone charge, but in no event shall such charge exceed seventy cents ($.70). 3. The telephone service suppliers providing the telephone service in the Town of Uail, Eagle County, Colorado, are hereby authorized to collect the emergency telephone charge imposed by this Ordinance in accordance with the Act. ' 4. The government agreement attached hereto as Exhibit A and incorporated into this Ordinance by reference is approved, and the Mayor is authorized to execute it on behalf of the Town of Vail, and the Town and its officers and employees are authorized to perform under it on behalf of the Town of Vail, according to its terms. 5. This Ordinance shall not be effective until the intergovernmental agreement creating an Eagle County Emergency Telephone Service Authority and implementing an emergency telephone service system is signed by the representatives of all the necessary parties thereto. 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. 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 the inhabitants thereof. 8. 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. 9. 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 _ _2_ INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of 1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -3- EXHIBIT A EAGLE COUNTY INTERGOVERNMENTAL AGREEMENT CONCERNING THE IMPLEMENTATION OF AN 'E911" TELEPHONE SERVICE This Intergovernmental Agreement for "E911" Telephone Service ("Agreement") is made .this day of , 1990, by and between the following parties (hereafter referred to collectively as "Parties"): - i. Board of County Commissioners, County of Eagle, State of Colorado ("Board of County Commissioners"); 2. The Town of Avon, a municipal corporation ("Avon"); 3. The Town of Eagle, a municipal corporation ("Eagle"); 4. The Town of Gypsum, a municipal corporation ("Gypsum"); 5. The Town of Mintum, a municipal corporation ("Minturn"); 6. The Town of Red Cliff, a municipal corporation ("Red Cliff"); 7. The Town of Vail, a municipal corporation ("Vail"); 8. The Eagle County Emergency Services Hospital District (a/lva Eagle County - Ambulance Service), aquasi-municipal corporation ("ECESHD"); 9. The Greater Eagle Fire Protection District, aquasi-municipal corporation ("EFPD"); 10. The Gypsum Fire Protection District, aquasi-municipal corporation ("GFPD"); and 11. Western Eagle County Ambulance District, aquasi-municipal corporation ("WECAD"). - WtTNESSETH: WHEREAS, pursuant to Article .l i of Title 29 of the Colorado Revised Statutes (hereinafter the "Act") the Parties hereto are delegated the power to enter into inter- ; governmental agreements of this type for the purpose of providing emergency telephone , service; and WHEREAS, the Act encourages and authorizes agreements of this nature; and -1- .WHEREAS, it would serve the public welfare and be in the best interest of the Parties to participate in the organization, administration and common use of a central emergency telephone service authority; and WHEREAS, the Parties desire to enter into this Agreement for the following purposes: (i) to establish a separate legal entity to be_ .known as the "Emergency Tetephone Service Authority" which, shall be responsible for administering the operation of the emergency telephone service program; and (2) to define the manner in which each of the Parties will participate in the Emergency Telephone Service Authority; and WHEREAS, this Agreement supersedes a similar agreement dated June 28, 1988. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the - Parties agree as follows: 1: DEFINITIONS The definitions for the terms "emergency telephone charge", "emergency telephone service", "equipment supplier", "exchange access facilities", "governing body", "person", "public agency", "service supplier",. "service user" and "tariff rates" as used in this Agreement shall be the same as the definitions set forth in the Act. It. GENERAL PROVISIONS 2.1 Pursuant to the Act, the Parties hereby establish a separate legal entity to be known as the "Emergency Telephone Service Authority" (hereinafter referred to as the "Authority") which shall be responsible for administering the operation of the emergency telephone service program as set forth herein. 2,2 The Parties agree. that, contemporaneously herewith, they will, by resolution or ordinance, constitute, authorize and empower the Authority, as a separate entity with full powers to enter into contracts, to sue, and otherwise do all things necessary to carry out the duties delegated herein. 2.3 The area to which emergency telephone services shall be supplied and the area within which service users shall be surcharged, all as provided herein, shall be Eagle County as that jurisdiction is defined by Colorado law. III. EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD 3.1 The Board of Directors of the Authority ("Authority Board") shall consist of five (5) members who shall be appointed by, and serve~.at the pleasure of, the Board of Couni~r Commissioners. Two mernbers shall be appointed from east of Wolcott, two members from west. of Wolcott, :and one members shall be appointed "at large." At such time as the Basalt/EI Jebel area join into the Eagle county E911 system, the fifth member of the Authority Board shall be appointed from that area -2- _ 3.2 The Board of County Commissioners shall appoint a President and Secretary of the Authority Board from among the members of the Authority Board. 3.3 The initial terms of two directors shall be three years each, two directors shall be for terms of~two years each, and the fifth director shall be appointed for a term of one year. In the initial appointments, the Board of County Commissioners shall designate the length of the respective terms of each member. Thereafter, the terms of all members shall be two years. All directors are eligible for reappointment. 3.4 The Board of County. Commissioners may remove a director from office for cause at .any time. Alternate members may be appointed to serve as a member of the Author'rhr Board in the absence of any member in the manner as set forth herein. IV. RULES AND REGULATIONS The Authority Board may adopt bylaws and~or supplementary rules and regulations , as it deems necessary, provided that said bylaws and/or supplementary rules and regulations are in compliance with the Act, this Agreement and Colorado law. V. POWERS OF THE AUTHORITY The Authority shall be empowered and authorized to: 5.1 Contract for the installation and operation of an emergency telephone service. 5.2 Pay for such equipment, software, installation of equipment and software, and related services by way of lease, purchase or lease-purchase. 5.3 Collect an emergency telephone charge as provided by the Act in an amount not to exceed seventy cents ($.70) per -month in those portions of the service area for which emergency telephone service is to be provided. 5.4 The Authority's funds shall be. spent solely to pay for (whether by lease, _ purchase, or lease-purchase) direct and incidental costs associated with the acquis~t~on of equipment and software, and the installation thereof, as well as the direct and incidental costs of operating an emergency telephone service, including the monthly recurring charges billed by the service supplier, and for such other expenses reasonably necessary to enable the Authority to discharge its duties hereunder. 5.5 In addition, the Authority may do any other act as may be necessary for the provision of. emergency telephone service, including, but not limited to, contracting with equipment vendors and service suppliers for the purpose of obtaining the benefit of technological developments which the Authority deems necessary to improve or enhance the quality and efficiency of service to be provided hereunder. ` -3- 5.6 No act .or course of action shall be undertaken by the Authority or in the name. of the Authority unless the same is first duly authorized by a majority vote of the Authority Board at any meeting, upon due. notice first given,. at which a quorum is present of a majority of .the members of the Authority Board then holding office, or as permitted by law. VI. BUDGET AND OPERATING COSTS b.l The Authority shall adopt an annual budget for the costs of equipment, operation and maintenance_ of providing. emergency telephone service. The budget shall be . submitted to the Board of County Commissioners for review and approval. 6.2 Unless agreed,to by a majority of the Parties or as provided in paragraph 6.3 herein, the annual budget of the Authority for administrative expenses shall not exceed Two Thousand Dollars ($2,000), plus the costs of an annual audit and insurance. 6.3 Each year in which the Authority believes funds for administrative costs in excess of- $2000 are necessary, it shall. prepare and submit a budget request to the Board of County Commissioners by Juty 15 of, the year prior to when the funds are necessary. The Board of County Commissioners shall consider funding the budget request in the County's annual appropriation. Vll. FUNDS AND OPERATIONS 7.1 The uniform charge per exchange access facility shall be collected by the - service supplier and delivered to the Authority. The Parties hereto shall have no obligation to collect this uniform charge. 7.2 . The funds of the Authority shall be maintained in one or more accounts in accordance with Colorado law and shall .not be commingled with the funds of any of the Parties. Any funds remaining in the accounts at year end shall be carried over to the next succeeding year. - 7.3 The Authority's funds shall be used for the purposes set forth herein including, but not limited to, the payment of administrative, operating and maintenance costs, and amounts due #o any lender or lessor for any sums advanced, plus interest or other charges. No disbursement shall be made from the funds of the Authority except by check and unless a bill for goods or services actually rendered or delivered has been first submitted and approved for payment~.by the Authority, said approval being evidenced by a writing signed by the President and Secretary of the Authority Board. ~ - 7.4 Except for any loan; lease or contract expressly approved by the Board of County Commissioners, the Authority shall not ,borrow, money, enter into any lease f. agreement or execute any contract having a price or value in excess of $10,000. Further, the Authority shall not approve any claims or incur any obligations for expenditures unless there is sufficient unencumbered cash, credited to the Authority, with which to pay the same. -4- 7.5 The Authority may invest its funds only in accordance with any applicable laws of the State of Colorado governing the investment of public funds. 7.6 No Party to this Agreement shall have any liability to pay for any debt or other obligation incurred. by. the Authority unless thei'.e is a specific undertaking by each party to do so, accompanied by an appropriation approved with the requisite formalities. 7.7 Nothing herein prevents the Authority from returning any surplus operating revenues provided. by the Parties hereto for the operation of .this emergency telephone service to the respective Parties hereto in the same proportion that said Parties originally contributed funds for operation pursuant to paragraph 7.6 hereof. VIII. BOOKS AND RECORDS 8.1 The Authority shall maintain adequate and correct accounts of its funds, properties and business transactions, which accounts shall be open to inspection at any - reasonable tune by the Parties, hereto, their accountants or their agents, as well as the general public. The Authority shall cause to be conducted an annual audit, which audit shall be conducted by an independent certified public accountant licensed by the State of Colorado. The Authority shall file a copy of said audit with each of the Parties. 8.2 A written record of all proceedings of the Authority Board as well as of action taken shall be maintained and such records shall be open to inspection at all reasonable times. 8.3 . Within ninety days after the end of each calendar year, the Authority shall prepare and present to the Parties a comprehensive annual report of the Authority's activities and finances during the preceding year. - 8.4 The Authority shall also prepare and present such reports as may be required by law, regulation or contract to any governmental agency. 8.5 The Authority shall also render to the Parties hereto, at reasonable intervals, such reports and accounting as the Parties hereto may from time to time request. IX. TERMINATION OF AGREEMENT 9.1 This Agreement shall be in full force and effect upon the execution of the Agreement by the Parties in accordance with paragraph 12.2 hereof, and shall continue in full force and effect, subject to amendments, until terminated by a majority of the then Parties. 9.2 Any Party's. participation in this Agreement may be terminated by written notice from such Parity to the Authority Board at_ least t80 days prior to January 1 of any ' given year. Termination of any Party's participation in this Agreement shall terminate all unaccrued obligations of the terminating party unless such Party has agreed to be liable for a debt of the Authority pursuant to the provisions of paragraph 7.6 herein. -S- ' 9.3 Upon termination by a majority of the Parties to this Agreement, the powers granted to the. Authority under .this Agreement, shall continue to the extent necessary to make an effective disposition of'the Authority and its property, duties and obligations. 9.4 Upon termination of this Agreement, the property of the Authority shall be - transferred to the County of Eagle, State of Colorado. X. AMENDMENT 10.1 This Agreement may be amended by a majority of the then Parties from time . to time, in writing and executed by those Parties. 10.2 Additional Parties. may be added to this Agreement at any time upon delivery - - of an appropriate resolution or ordinance directing same, and upon execution of this - Agreement and any amendment in existence at the time. XI. LIABILITY OF AUTHORITY BOARD, AND ITS OFFICERS AND EMPLOYEES; INSURANCE . 11.1 The members of the Authority Board and its officers and employees shall not be personally liable for any acts performed or omitted in good faith during the scope of their duties pursuant to this Agreement. - 11.2 The Authority shall obtain insurance for the members of the Authority. Board and the Authority against claims which may be brought against them. ~ - - 11.3 The Authority may. obtain a bond or other security to guarantee the faithful performance of the duties of the members of the Authority Board. XII. MISCELLANEOUS - 12. In case any one or more of the provisions contained in this Agreement shall be for any reason held invalid, illegal or unenforceable in any respect, such invalidity or _ unenforcibility shall not, affect the other provisions hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been a part hereof. 12.2 This Agreement may be executed in counterparts. Execution of this Agreement by fewer than all parties shall cause the Agreement to be effective between those parties. 12.3. Notice hereunder shall be given by United States mail to the address of the entity as set forth herein, said notice being deemed. received three days after mailing. 12.4 This Agreement shall be construed pursuant to Colorado law. -6- IN WITNESS WHEREOF, the Parties hereto have caused their respective names and seats to be affixed hereto, as of the day and year herein above set forth. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its A i i tST: BOARD OF COUNTY COMMISSIONERS By: By: Clerk to the Board of Donald H. Welch, Chairman County Commissioners P.O. Box 850 Eagle. CO 81631 A i i tST: TOWN OF AVON BY: By: Clerk Mayor P.O. Box 975 Avon. CO 81620 ATTEST: TOWN OF EAGLE BY: By: Clerk Mayor P.O. Box 609 Eagle. CO 81631 A i i tST: TOWN OF GYPSUM ' . BY: By: Clerk Mayor P.O. Box 237 GVDSUm. CO 81637 -7- ATTEST: ~ TOWN OF MINTURN BY: By: Clerk Mayor P.O. Box 309 Minturn. CO 81645 A i i tST: TOWN OF RED CLIFF BY: By: Clerk Mayor P.O. Box ]09 Red Cliff. CO 8]649 A i i tST: TOWN OF VAIL BY: By; Clerk Mayor 75 S. Fronta4e Road West Vail. CO 81658 EAGLE COUNTY EMERGENCY SERVICES HOSPITAL DISTRICT Ai~tST: BY: By; Chairman P.O. Box 1637 Vail. CO 81658 f -8- GREATER EAGLE FIRE PROTECTION ` ATTEST: DISTRICT BY: By: Chairman P.O. Box 666 Eagle. CO 81631 ATTEST: GYPSUM FIRE PROTECTION DISTRICT BY: By: Chairman P.O. Box 243 Gvosum. CO 81637 WESTERN EAGLE COUNTY AMBULANCE A i i CST: DISTRICT _ BY: By: Chairman P.O. Box 1077 ` Eagle, CO 81631 r ' i r i _ TOWN OF VEIL 75 south frontage road vail, Colorado 81657 (303) 479-2136 office of the town clerk T0: VAIL TOWN CO , FROM: PAM BRANDMEY R DATE: O1NOV90 RE: APPOINTMENT TO LOCAL LICENSING AUTHORITY Kevin Cassidy is reapplying for an appointment to the Local Licensing Authority for the Town of Vail, originally having been appointed in November of 1988. His attendance record is as follows: PRESENT ABSENT November - December 1988 3 1 January - December 1989 11 5 January - October 1990 8 3 WORK SESSION FOLLOW-UP 11/2/90 Page 1 of 3 TOPIC QUESTIONS FOLLOW-lIP SOLUT1pN5 8/8/89 WEST INTERMOUNTAIN ANNEXATION LARRY: Proceeding w/legal requirements for Marijke Brofos will be circulating petitions. (request: Lapin) annexation. 5/1 AMEND CODE, 12.04.240, STREET CUT STAN/LARRY: Per Council direction, proceed. Schedule joint meeting with staff, Public Service, and Holy PERMITS Cross. Meeting set for Thursday, 11/8, 1:30 p.m., at the Public Works Conference Room.,. 6/12 VAIL GLO SIGN (request: Levine) RON/KRISTAN: Through DRB, or same other process, Kristan has written a letter to Vail Glo. They are still can .the lettering color and lighting be modified? talking. Kristan spoke with Craig Halzfaster and he said he is looking into it. 6/26 AIR QUALITY SUSAN: Issue of air quality recommendations needs Ordinance being developed for PEC review by 11/12/90. to be revisited by this fall. 6/26 TED KINDEL MEMORIAL TODD 0.: Track down ownership of land to the south PEC recommended Mill Creek area. Public Works will (request: Rose) of the Christiania. If this belongs to the TOV, coordinate placement. Letter sent to Gordon Britton begin to formulate memorial plan, i.e., park authorizing placement. Plaque and rack will be installed bench, plaque, etc.? sometime the week of 11/5-9. 7/17 BIKES/ROLLER BLADES AND SKATES/ KEN/LARRY: Should bicycles, roller blades, etc. be Researching appropriate ordinances for application in 1991. SKATEBOARDS prohibited from highly pedestrianized areas in the Village and Lionshead? 7/24 AG/OPEN SPACE AMENDMENT LARRY/KRISTAN: Legal research requested to make Research underway. Larry will report to Council on 11/20. ORDINANCE AG/Open Space 35 acre minimum per unit. 7/27 UNDERGROUNDING UTILITIES IN LARRY/STAN: Work with Holy Cross Electric to Scheduled to begin this fall. Memo drafted for Jim Gibson. EAST VAIL establish special improvement district(s) for Memo sent to property owners by staff. Engineering undergrounding utilities in East Vail. estimates received from Holy Cross. Larry, Stan, and Ron to meet Friday, 11/9, 10:30 a.m., to develop schedule. 9/11 VESTED RIGHTS ORDINANCE LARRY: Schedule for evening meeting review. Community Development will meet with Larry on 11/14/90. 9/11 RAISING FEES FOR PARKING FUND KRISTAN: Schedule for work session review. Scheduled for Work Session 11/20/90. CONTRIBUTIONS 9/20 LIONS RIDGE FILING 4 RDN: Homeowners Assn. would like Town to buy Ron contacted Jim Fritze about tax abatement if Town takes common area for back taxes and penalties. ownership. Tax liability only about $5,500. County Attorney has not yet responded. WORK SESSION FOLLOW-UP 11/2/90 Page 2 of 3 TOPIC QUESTIONS FOLLOW-UP SOLUTIONS 9/25 CHARGES FOR OUT-OF-DISTRICT DICK: Prepare updated figures based on actual cost Will have recommendations for Council by Nov. 13. FIRE RESPONSE of fire response for unincorporated areas served by Vail F.D. for ordinance amendment consideration. 9/25 VANDALISM EXPENSE REPORT STAN/CAROLINE: Compile figures relating to Town Caroline to handle a news release, by 11/13, based on memo. (request: Steinberg) expense incurred from vandalism (i.e., traffic gate repairs, lights on streamwalk path, signs, toilets, etc.) for public release. 9/25 SYMPOSIUM SPEAKER - ELDON BECK KRISTAN: Check professional fees remaining in Workshop is scheduled for Nov. 27-28 with Eldon Beck, Sherry (request: Rose) Community Development to gather Eldon Beck's Dorward, and Jeff Winston. views on long-range plans, streetscape improvement plan, performing arts center location, West Meadow Drive Mall, Master Plan for LH -all passible subjects. 9/25 EMPLOYEE HOUSING TOV staff committee studying employee housing has begun to review the following items: 1. Possible site recommendation and selection for publicly held land suitable for seasonal employees and long-term rentals. 2. RFP for structural engineering/architectural/ site analysis. 9/25 PUBLIC TRANSPORTATION RON/STAN: Place on earliest agenda possible to This item is on the Work Session agenda for further COUNTY-WIDE discuss the following: Leadville bus service, discussion. vans, long-term commuter system, Parking & Transportation Advisory Committee role, Avon/BC transit, extending TOV service to Eagle-Vail, donating outdated TOV buses for the Minturn/ ' Leadville route, etc. 9/2 REVIEW COMMUNITY DEVELOPMENT KRISTAN/GARY: Consider fees currently charged for Set for Work Session 11-13-90. FEE STRUCTURE labor intensive review processes, "fast- tracking," red tags, etc. Consider reinstating the street use tax? ~Y WORK SESSION FOLLOW-UP 11/2/90 Page 3 of 3 TOPIC QUESTIONS FOLLOW-UP SOLUTIONS , 9/27 E911 KEN: Write to the County Commissioners to restate Ordinance of support for intergovernmental agreement our position that user fees area standard and scheduled for Nov. 6 Evening Meeting. appropriate method of collection -rather than seizure funds. 10/10 SPECIAL EVENTS COMMITTEE CAROLINE:. Should the Marketing Board put together Process is underway. a review process and criteria for special events funding proposals, Jim Gibson will sit on this committee. 10/16 WATER QUANTITY/QUALITY KRISTAN: Schedule joint meeting w/Water District, To be scheduled in November. (request: Lapin) Town Council, PEC, and Wayne Schroeder to discuss water issues. 10/26 SYMPHONY OF SPORTS To be aired on NBC (Channel 4), Saturday, 11/24, on Sports World, 4:00 - 6:00 p.m. 10/30 DEMOGRAPHIC EMPLOYEE RON/KENT: Supply any possible information re: INFORMATION (request: Osterfoss) background of employees engaged at the Blackcomb/Whistler Ski Area. - r town of uaii 75 south frorrtage road vall, Colorado 81657 (303) 479-2105 office of town manager November 1, 1990 Mr. Rod Slifer Slifer Smith & Frampton 230 Bridge Street Vail, Colorado 81657 Dear Rod: The purpose of my letter is to generally outline a proposal that you,. Fred Green, Kent Rose, and I have discussed over the past few weeks. This general proposal has been shared with the Town Council, and they are in agreement with it conceptually. The Town of Uail feels that it is important to maintain at least 50 acres of the Berry Creek 5th Filing in public ownership, plus the 5.6 acres between the railroad tracks and the Highway Department rest area. We would be agreeable to the discussion of selling June Creek Ranch Company approximately 50 acres of the Berry Creek 5th Filing in exchange for the following consideration: 1. An agreement to build affordable housing on the 13+ acres owned by the Millers south of the railroad tracks in the area of The Reserve. The affordable housing would need to be done on a time schedule that would satisfy the contractual obligation the Town of Vail has with George Gillett for beginning the planning process with Eagle County and actual construction within the time limits set out in that contract. 2. One million two hundred thousand dollars in cash paid to the Town of Vail at time of closing. 3. Access from the spur road to the Miller Ranch and that portion of the Berry Creek 5th Filing which would be owned by June Creek Ranch Company should be improved to a level that no future expense would have to be incurred by the Town of Vail to improve the access further for Mr. Rod Slifer ' November 1, 1990 Page 2 accessibility to the portion of the Berry Creek 5th Filing which the Town retains. This includes any Colorado Highway Department requirements for improvement on the spur road. 4. The Town of Vail would retain all current Berry Creek 5th Filing water rights for use on the portion of the Berry Creek 5th Filing which the Town would own upon completion of the transaction. Some type of substantial discount in the neighborhood of 50% be granted Town of Vail residents to purchase a membership in the proposed private golf course. 5. The proposed transaction needs to be addressed in such a way that it does not violate provisions of the contract between the Town and George Gillett. I know that we have discussed the possibility of June Creek Ranch Company building recreational facilities on the land that would remain in the Town of Vail's ownership as consideration for the exchange of property, but we believe at this time it is more desirable to have the. cash to put into our general fund balance than to have recreational facilities built on the site in the near future. This conceptual proposa'1 is being shared with you in order to have something on~the table to begin .discussions and negotiations if you are interested. Please let me know when you might be able to meet to discuss it. Sincer y Rondall U. Phillips Town Manager RVP/bsc cc: Vail Town Council Fred Green Larry Eskwith `