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Home My WebLink About1992-06-02 Support Documentation Town Council Work Session ~i VAIL TOWN COUNCIL WORK SESSION TUESDAY, JUNE 2, 1992 @ 2:00 P.M. - AGENDA 1. Executive Session: Personnel Matters. 2. Adjournment. O4O4O~OOOCO4OOOOOOOdO4 VAIL TOWN COUNCIL REGULAR EVENING MEETING TUESDAY, JUNE 2,1892 7:30 P.M. AGENDA 1. CITIZEN PARTICIPATION. 2. Update by Blondie Vucich Re: Trapping Issue. 3. Introductory Comments by Eric Affeldt, Republican Candidate for County Commissioner. 4. Consent Agenda: A. Approval of Minutes of May 5, 1992, and May 19, 1992, Evening Meeting Minutes. B. Ordinance No. 14, Series of 1992, second reading, an ordinance repealing and reenacting Chapter 5.08 -Business and Occupation Tax -Ski Lifts, of the Municipal Code of the Town of Vail. C. Ordinance No. 16, Series of 1992, second reading, an ordinance rezoning a parcel of property' from Public Accommodation District to Public Use District, generally located at the northwest intersection of Vail Road and West Meadow Drive, and legally described in the attached Exhibit A; and amending the official zoning map in relation to the rezoning of said property. ('Commonly referred to as the "Ski Museum Pocket Park") 5. Ordinance No. 15, Series of 1992, first reading, an ordinance amending Tithe 3 of the Municipal Code of the Town of Vail by the addition of Chapter 3.42 establishing a Use Tax; and setting forth details in regard thereto. 6. Ordinance No. 17, Series of 1992, first reading, and ordinance amending Title 2 - Administration and Personnel of the Municipal Code of the Town of Vail, by the addition of Chapter 2.56 concerning disposition of unclaimed property. 7. Resolution No. 10, Series of 1992, a resolution opposing a statewide initiative to raise the Colorado Sales Tax from 3% to 4%. 8. Local Licensing Authority Applicant Appointments. 9. Adjournment. CMGENDA.7C r VAIL TOWN COUNCIL REGULAR EVENING MEETING TUESDAY, JUNE 2, 1992 7:30 P.M. EXPANDED AGENDA 7:30 P.M. 1. CITIZEN PARTICIPATION. 7:35 P.M. 2. Update re: Trapping issue. Blondie Vucich 7:45 P.M. 3. Introductory Comments by Eric Affeldt. Eric Affeldt Backaround Rationale: Mr. Affeldt is the Republican Candidate for County Commissioner. C 7:55 P.M. 4. Consent Agenda: A. Approval of minutes of May 5, 1992, and May 19, 1992, Evening Meeting minutes. Larry Eskwith B. Ordinance No. 14, Series of 1992, second reading, an ordinance Larry Eskwith repealing and reenacting Chapter 5.08 Business and Occupation Tax Ron Phillips -Ski Lifts, of the Municipal Code of the Town of Vail. Mike Mollica C. Ordinance No. 16, Series of 1992, second reading, an ordinance rezoning a parcel of property* from Public Accommodation District to Public Use District, generally located at the northwest intersection of Vail Road and West Meadow Drive, and legally described in the attached Exhibit A; and amending the official zoning map in relation to the rezoning of said property. ('`Commonly referred to as the "Ski Museum Pocket Park") 8:05 P.M. 5. Ordinance No. 15, Series of 1992, first reading, an ordinance Larry Eskwith amending Title 3 of the Municipal Code of the Town of Vail by the Steve Barwick addition of Chapter 3.42 establishing a Use Tax; and setting forth details in regard thereto. Action Reauested of Council: Approve or deny Ordinance No. 15, Series of 1992, on first reading. Backaround Rationale: This tax would impose a 4% tax on the purchase of construction material used within the Town. Staff Recommendation: Approve Ordinance No. 15, Series of 1992, on first reading. 9:05 P.M. 6. Ordinance No. 17, Series of 1992, first reading, and ordinance Steve Thompson amending Title 2 -Administration and Personnel of the Municipal Code of the Town of Vail, by the addition of Chapter 2.56 concerning disposition of unclaimed property. Action Reauested of Council: Approve or deny Ordinance No. 17, Series of 1992, on first reading. Backaround Rationale: The State has adopted legislation that goes into effect July 1, 1992, which requires all unclaimed property be given back to the State. The most common type of unclaimed property the Town possess is deposits and outstanding payroll and A/P checks. Adoption of this ordinance would protect the Town's ownership right to unclaimed property, deemed forfeited. Staff Recommendation: Approve Ordinance No. 17, Series of 1992, on first reading. 9:25 P.M. 7. Resolution No. 10, Series of 1992, a resolution opposing a statewide Ron Phillips initiative to raise the Colorado Sales Tax from 3% to 4%. Action Reauested of Council: Adopt/modify/deny Resolution No. 10, Series of 1992. Backaround Rationale: Explained at last work session. If adopted, request permission to send to all municipalities in Colorado encouraging them to adopt something similar. Staff Recommendation: Adopt Resolution No. 10, Series of 1992. 9:45 P.M. Local Licensing Authority Applicant Appointments. Martha Raecker Action Reauested of Council: Appoint two applicants to the Authority. Applicants appointed to these positions will serve until June, 1994. Backaround Rationale: Mitzi Thomas, Don White, and Davey Wilson were interviewed at the May 26, 1992, work session. 9:55 P.M. 9. Adjournment. C:V?GENDA.TCE l PUBLIC NOTICE VAIL TOWN COUNCIL REVISED MEETING SCn~DULE JUNE, 1992 The Vail Town Council has been reviewing its meeting schedule. In an attempt to respond to scheduled meeting demands, as well as adhere to mandated ordinance and charter requirements, Council will now be meeting at the following times: EVENING b~~TINGS Evening meetings will continue to be held on the first and third Tuesday evenings of each month, starting at 7:30 P.M. These meetings will provide a forum for citizen participation and public audience for conducting regular Council business. WORK SESSIONS Work sessions, which are primarily scheduled for Council debate and understanding of issues before the Council, will now be scheduled at 2:00 P.M. on the alternating Tuesday afternoons, i.e., the second, and fourth Tuesdays of each month. A brief overview work session for Council will precede the evening meetings, from 6:30 P.M. - 7:30 P.M. i n~ JUNE., 1992, VAIL, TOWN COQ TN(~II, MEN i ii1G SCHEDULE IS AS FOLLOWS: Tuesdav, June 2, 1992 Work session ...................2:00 P.M. Executive Session. Evening meeting .............7:30 P.M. Tuesdav, June 9, 1992 Work session ...................2:00 P.M. (starting time to be determined by length of agenda} Tuesdav, June 16, 1992 Work session ...................6:30 - 7:30 P.M. Evening meeting .............7:30 P.M. Tuesdav, June 23, 1992 Work session ...................2:00 P.M. (starting time to be determined by length of agenda) TOWN OF VAIL Pamela A. Brandmeyer Assistant to the T„~~~ Manager SENT SY~EAGLE COUNTY 5-2$-82 1643 ; 3033287207--y 3034530182;# 1/ 3 . . . May 28, 1992 15:02 ~AGi.~ cc~unnv Rai a~r~c ]~((~f~ 551 BRCiADWAY OFflCE Of THE . ; P.O. BOX 850 BOARD OE ~OM1A115S10NER& t: • : ! ~'.:c ~ EAGLE, GOLCjRADO 631 (3U3) 328-5605 ~ fAX: {303) 3~$•72i17 EAGLE Ct1lllVTY, CC'~LORAC AGENDA BQARD ~DF CQUNT'Y Ct~1VIM~SSIONERS REC~.TLAR ME~'iL~G DAY MUNDAY, NNE 1, X992 09:1ND -14:00 WD1tK SESSII~N - W r.~~ZY UPZ?AT17, Mr. six s James R. Frit~e , Coau~ty Manager 1p:00 ~ 10•.45 ~'~+tDIN+fi LITIGATYpN err. of dks ~tor,~ t~eass xooar I~evln Lindahl, CQimty Att~,.?~;:~r 10.45 -11:00 BRaAK 11:Q0 - 11:01 P11-21~-9~-F CREANITRY GUI,.CH ItAN CIA, COLLA~~.~ALiZATIUN ~acr~ cafrxa~aaur Paul Clarkson, Planaer, Ccxnmunity I~velopme~t ACTIt~N: This item will be tabled to 02:00 p.m. ].1;p1-12:00 WORK SESSION - EAGLE CCIUNTY MANAGF1V.tEN''r AND BOAB,b OF C(l?UNTY CCC11~jMISSIONERS .I~~~EAT BILLOW UP' arr~,v~ ~ct,r rs~r xooar 1~:ou - al:~o r ~ OFI~CIAL~i SENT BY:EAGLE COUNTY ; 5-28-92 ; 16:44 3033287207-~ 3034530192;# 2/ 3 01;30 - 01 s35 PI,A.~` SIGNIlYG ~vt~ c~n+nrxc~a~at TQm A11ender, planner, Community Develt~prnent 0~.:3~ - 01:45 CONSENT CALENDAR r.~c~ cx~utv.~Yxr r~rs of ~ Rorrm~ t Na, aa~ rrac~n nx rRa aa~rrr ~r,~max ~aauow aeu~ a~.w,..~jrrYa~xa~smrrs~~r~xearovaro~ra~r~T,yvr~arsorr.~zra.~~~..,er.~. aHr ~ALdY1t~$11S5TIfIdTAN17l3r1iB8'RffiIff)Nl°~i'PRLJ1~fT8&CURa.:r+r ~+IJM~G~0IWSID~ S~PAJGl~?[.Y. dNYA GF~ ~ Pt1BlIC ]14lY ~QU$S7~ dIVYII&1! 14C "1tEAfUY~' 1~R[~lfd TIlS G17~1V~dlPldt~l. 1. BII.I. PAYIlVTG FUR JUNE 1, 8, AND 13, 1992 Linda Pankuch, Accounting Larry Cleaver, Cantrdl~rr ACTION: Approval subject to review by the County Manager. x. ELAM CONSTR[7~;Y~,N CRACg SEAL AG~~EEI?~VT I7?an Reynolds, Manager ACTIONS Consider approval. 3. SOLu~10111 AL~,~.!~R,~.~IG RELFaASE OF COLLA'~. ~.~AL PX}R BLUE LASE FLING 3 Phill Scott, i~gineer Kevin I,indahl, County Attorney ACTION: Consider' approval. 01:45 - 01:30 CHANGE ORr~~~. NUMBER 31WATEitF~URD CORI'ORATIONIAIRPORT iI4IP`ROVEMIIVT PROJECT NUMBra~ 14 ~c~ onr~*n?xc~nar Dam lie~molds, Airport Manages' AC'a'ION: ~ Consider arr:. w ual. 01:50 - ~2s00 A. AU a.~OR,~.,lri'G inr. DRAWING Off' COLLA 1.re?AL FG1R M AND H DEVELOPMENT CUMPANY IN REGAIi~ TO T1EiE ItPSFdtYE ON EACLE RIVER ,s,,,,i~lI4 ~YtaN', AND APPOih Yu~G ATTOau+~~ it ~ IlY FACT E,sc,~cavxrY~a~ar r.arry Meil~.~.ick, County F~rtginoer Kevin I.indahl, Caunt;? Attorney ACTION: Consider arrx~..~ raY. B. RESClI.'tl'TION A,iJ s rr~C1RIZING R,~..t~J~. l ~{JN OF COLLA',: SAL OR AUTHOI~Z1NCx ~ ~ DRAVf+'XNG QF COId,A 1~.icAL Fart r ~R PARTNP,R~at.~°' 11Y REGARDS TO lill~.r SUMMIT PISTA PRASE Ii SUBDTi~ISIQN ~cu~ counrrY,~cra~r Larry Metternick, County Engineer Kevin Iandahl, County Attorney A~.Y1~.,~~I: Consider approval. Page 2 SENT SY:EAGLE COUNTY ; 5-28-g2 ; 16:44 ; 30632872p7i 3p6453p192;# 6/ 3 02:00 - 02:4Q P~213-9~-F-CR,T~AIVIF1tY G[JI.CH RANCH SIA, CC+LLA?'~r.+~LAL,L'~ATIOAt secra,.~~.~~~~.~ .~~a ~,r Paul Clark4[m, P~ner, ~Ommunity T~velopn~ent 02:40 -03:00 RE90Li3T,~UN AU'FHtI?RIZING Y ra, ~T~iI#~Ai QF INSURANCE COVERAGE ataa+.OU+f~H EAGLE COUNT'S GROUP' PLAN PAST iit~ NORII~AL "COBRA"P' ~ itIUD sacra ca„l ~xaur Judy White House, Irir+pctar of Human R,esou~oes AG~'ION. Consider ar~~..4~ual. 03:00 - ON ~ia~ VL'~1T OF CO~..ORAIyU R1'Vffit ROAD 1MPR0~1+ffi~ITS 1"It0~1F C'i' Sara cvr~xrYROan .fiar Don Feaslex, Rued and Bcldge 5~,~, rlscn Jack Lewis, Asst. County M~wager 06:00 - DINNER 14at~TING R a Yn VISx LAG FAA STAFF FRl1M 3EAa aY+E axe+s~~.,.,~,~anvr James lI. FritZC, County Manager arks caste nxv$ Dan IteynOkls, Airport Manager ~cr~.avr~o~¢aac ISIS AGENDA I$ PROL FOR INFORMATIONAL M.~ ..sE3 43NLY • ALL TIbIE'.R ARS APFRUXIN[AT13. "PHB BOABD 1VfIIL,I; [It 6BRS10N MAY GONSIbBiIti w ~ ~ i.17'~.i" TBAT ARI3 8R4UDt1T , ; ~ , ~ tr. PA(JS 3 i, ~9 TOWN OF VAIL 75 South Frontage Road Office of the Mayor Vail Colorado 81657 303-472100 FAX 303-4T9-2157 June 2, 1992 Mr. Perry Olson, Director Colorado Division of Wildlife 6060 Broadway Denver, Colorado 80216 Dear Mr. Olson: On behalf of the Vail Town Council and our community, I am pleased to communicate with you once again regarding the important issue of trapping regulations with respect to Vail. After much deliberation and further consideration following the Durango Wildlife Commission meeting, we believe the existing regulation best suits the needs of Vail residents and guests. The current regulation is a result of input from two public meetings in Vail, numerous Town Council sessions, cooperative efforts with the Eagle County Commissioners, and recommendations from the Colorado Wildlife officer, Mark Konishi, who was appointed as a representative for the trapping issue in Vail. The existing regulation represents a 300% decrease in the set back distances Vail originally requested. It is our understanding the regulation, based upon Mr. Konishi's recommendation for extension of the emergency regulation buffer zone and our subsequent modifications, includes a fifty foot trap free zone on either side of the following trails and/or roadways: 1. Gore Creek Trail - 6.4 miles to Gore Lake 2. Deluge Lake Trail - 4 miles to Deluge Lake 3. Bighorn Trail - 3.6 miles to old homestead cabin 4. Pitkin Creek Trail - 5 miles to Pitkin Lake 5. Booth Creek Trail - 6 miles to Booth Lake 6. Spraddle Creek Trail - 3.5 miles to end of jeep trail 7. Mill Creek Road - 9.1 miles to Benchmark and 7 miles to Eagles Nest 8. Davos Trail - 4.2 miles to radio tower The regulatory distances for these trails and roadways were established on the basis that they are the destination points for most hikers, bikers, skiers, and motorists. Additionally, all above mentioned trails and roadways originate within the Town limits. We have not recommended trapping restrictions for several other trails which originate within the Town limits as they are not as heavily used. In addressing our community's needs, we have offered a clear and concise solution to the problems we have experienced. While we are sympathetic to the needs of other Colorado Colorado Division of Wildlife June 2, 1992 Page Two communities, we feel it is inappropriate to make recommendations for specifics on a statewide regulation. Our requests and directives have been based on Vail trapping incidents, proximity of traps, population density, and our tourism based economy. It is unacceptable for Vail to modify its current fifty foot regulation in favor of a more moderate statewide regulation. While we respect the Wildlife Commission's hope for a simple solution to the trapping issue, we believe oversimplification could result in regulations which are ineffective. We have compromised our original requests all we can, and it is not reasonable to expect us to compromise again. We thank you for your considerable time and effort in reaching a solution which is equitable for all parties. It is our sincere hope this matter will see some permanent resolution at the Wildlife Commission meeting to be held in July in Fort Collins. Sincerely, Margaret A. Osterfoss Mayor Enclosure cc: George Van Den Berg, Chairman -Colorado Wildlife Commission Louis Swift Felix Chavez Thomas Eve Rebecca Frank William Hegberg Arnold Salazar Rick Kahn, Colorado Division of Wildlife CASSIDY MORTGAGE 476-7777 • Vail ~Q~ /rh e t7'/1ri7/~. Gt,~ C'(,~J J7` o~ l~f-~r ~~'u ~r~ 1~~mrsh r' s~du(d b~ /i~eluvl~~ Lv,'d~j i~e o l/' GciP,y~ r ~ d ~S ~ W r-, ~ r7 q v ~/.S ~ kmrnalP~. ~J VAIL PRINTING Crossroads • 476-5858 70L' ~ G I n~,d Sp g s TEL No . ~ 0::-945-0561 Oc ~ S , 91 1 g ~ 12 N~ . OOS P . 02 T0: Bob Casket' ZO-5-91 FROM: Mark Konishi RE: Vail Trapping Issue Following are my recommendations for the extension of the buffer zones on trails and roads originating in Vail. I've included a _ short justification for my decisions. Bighorn--3.6 miles to the homestead cabin. This is a destination trail which receives heavy use, according to the U. S. Forest Service. Booth-6 miles to Booth Lake. This is a destination. trail which receives heavy use, according to the U. S. Forest Service. Pftkin-500 yards , This is a destination trail ending at Pitkin Lake. However, according to the U. S. Forest Service, this trail receives only moderate use. I did not feel that this amount of use would, justify the extension of the buffer zone, according to the direction given to me by the Wildlife Commission. Deluge-4 miles to Aeluge Lake. Although this destination trail receives only moderato use, it shares n common trailhead with Gore Creek trail which receives heavy use. In order to avoid confusion with the general public, I felt thnt it would make more sense to extend the buffer zone on Deluge trail as w®ll. Spraddle-3.5 miles to the end of the deep trail. This ~.s a destination road which receives heavy use, according to the U. S. Forest Service. Gore Creek-6 miles tv Gore Lake. again, a heavily used trail with a destination point. Buffer-50D yards. There is not a single destination point Prom Buffer. The road branches out to numerous areas. Mill Creek-9.1 miles to the top of Bench:aark. According to the U. S. Forest Service, this destination road receives heavy use. additional, roads originating in Vail: Red Sandstone Rond-500 yards. Thera is not a single destination pof nt from Red Sandstone. The road branches out to numerous areas . Davos Trail (Road)-If this road legally originates within the municipal town limits, then I would recommend 4.2 males to the radio tower overlook. If it doesn't legally originate within the Vail. municipal limits, then it obviously does not qualify for the emergency requiatfon. ~ii0~; G i nwd Sp g s TEL No .303-945-0561 Oct 5 , 91 1812 No .003 P . 03 Five other trails .were mentioned for consideration. These trails were: Middle Creek, Vail Bike Path, Matterhorn, Meaflow Brook, and Snowberry. I do not recommend that we consider adding these trails due to questionable use, or questionable legitimacy as trails. Also, 2 do not see any allowance in the regulations to add. trails. I'll let you know the status of Davos Trail as soon as I can contact somebody from the Town of Vail on Honday. Call 3lle if there are any questions. MINUTES VAIL TOWN COUNCIL MEETING MAY 5, 1992 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, May 5, 1992, in the Council Chambers of the Vail Municipal Building. The meeting was called to order at 7:55 P.M. MEMBERS PRESENT: Peggy Osterfoss, Mayor Merv Lapin, Mayor Pro-Tem Jim Gibson Jim Shearer Tom Steinberg Rob Levine Bob Buckley TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Pam Brandmeyer, Assistant to the T.,wu Manager The first item on the agenda was two TOV Ten Year Employee Recognition presentations. Pam Brandmeyer introduced Janeil Turnbull, Administrative Secretary for the Community Development Department, and Sergeant Jce Russell, Town of Vail Police Department. Second on the agenda was Citizen Participation. By~.,u Brown, resident of the West Vail area known as Vail das Schone, presented a petition containing sixty-nine signatures of other property owners and/or residents of that area. He said the petition carried the message of those individuals concerned with recent proposals before Council regarding the rezoning of Lots 1, 2, 3, and 4 of Vail das Schone, Filing #2, Block H. The petition states the signers oppose rezoning of that property as they felt it would be inappropriate and out of character with existing uses within the neighborhood. Peggy Osterfoss said there was evidently a misunderstanding about the issue, since when that land was bought, it was bought with mixed-use in mind. It had been purchased with RETT funds which would be reimbursed. She noted there was a possibility no zoxung changes would be involved unless one was needed to create green space, and there would be a public process associated with that. Item No. 3 was a Consent Agenda consisting of one item: Approval of the minutes of the April 7, 1992, and April 21, 1992 evening meetings. Jim Gibson moved to approve the Consent Agenda, with a second from Tom Steinberg. A vote was taken and the motion passed unanimously, 7-0. Item No. 4 was Ordinance No. 14, Series of 1992, first reading, an ordinance repealing and reenacting Chapter 5.08 -Business and Occupation Tax -Ski Lifts, of the Municipal Code of the Town of Vail. Mayor Osterfoss read the title in full. Bob Buckley stepped down due to conflict of interest. In Larry Eskwith's absence, attorney Tom Downey, from the firm Downey & Knickrehm, briefly explained the ordinance would impose a 4% admissions tax on the purchase of lift tickets from any ski area within the Town. Merv Lapin, Tom Steinberg, and Rob Levine asked for clarification of several areas of the ordinance as presented. Joe Macy, Mountain Planner with Vail Associates, said they were not philosophically in agreement with this ordinance and asked it be tabled far several weeks. Tom Steinberg moved to table the ordinance until May 19, 1992, with a second from Merv Lapin. A vote was taken and the motion passed, 6-0-1, with Bob Buckley abstaining. Bob Buckley then rejoined Council. Item No. 5 was the review of a T.,wu of Vail Agreement for Fire Prevention Services between the Town of Vail and Vail Associates, Inc. Vail Associates had approached the Vail Fire Department to conduct fire safety inspections on property out of Town limits. Dick Duran explained the agreement details, and added Vail Associates wanted to start as soon as possible. Jim Gibson inquired if the service fee to be charged included equipment use cost. Dick explained the fee would cover Vail Fire Department cost and was the same rate charged other entities requesting the same service. Ron Phillips pointed out the agreement was for inspection purposes, not for fire suppression. Bob Buckley advised he would again forego 1 voting due to conflict of interest. Jim Gibson moved to approve the agreement, with a second from Tom Steinberg. A vote was taken and the motion passed 6-0-1, with Bob Buckley abstaining. Item No. 6 was a discussion regarding proposed Forest Service policies for the Eagles Nest Wilderness Area. In a letter dated March 24, 1992, from William Wood, Holy Cross District Ranger, and Jeff E. Bailey, Dillon District Ranger, it was explained the Holy Cross and Dillon Forest Service Ranger Districts were in the process of developing a Wilderness Implementation Schedule (WIS) for the Eagles Nest Wilderness, White River, and Arapaho National Forests to identify and analyze projects and policies to help achieve and maintain the quality of the Wilderness areas. The Forest Service letter included the Eagles Nest Wilderness Implementation Schedule Questionnaire/February 1992, and requested input from TOV. Andy Knudtsen said the Plarn~ng and Environmental Commission (PEC) had discussed the issue on Apri127, 1992, and had summarized their comments in a draft reply letter #2320, dated April 30, 1992. Andy said Council's co*n*nents would be added to the reply. Council agreed with the PEC's decision not to regulate access to wilderness areas through the use of a permit system or to reduce the number of heartbeats unless there was severe impact, but disagreed with PEC's decision to close overused areas altogether for a period of a few years. Council felt reduction of parking areas was not viewed as a solution at all. Bob Buckley said the trail system in Eagles Nest Wilderness was inadequately maintained and the Forest Service needed to better mark the trail system. Further, alternative trails were not being built as they were in the past. Bob wanted to see the Forest Service spend significant dollars on the Booth Creek Trails, the Pitkin Creek Trail, and the Gore Creek Trails. He felt these had been woefully neglected over the last 10 years. Tom Steinberg said he would agree to go with a permit system if there were no other way to get the dollars to improve the trails, but only if the permit system's fees were returned to be used directly in the wilderness area here. Jim Gibson noted the Hecla Junction area was now managed by the State of Colorado and was still part of the U.S. Forest Service. He said funds collected were managed by the State and 87% of them come back to the Hecla Junction area. Bob said that was not the case with the trails in Eagles Nest, and Jim Gibson asked Kristan Pritz to pursue those same arrangements for Eagles Nest. Tom suggested putting up signs asking for donations if the donations go back to the trail maintenance of that particular section of the mountain. Council felt areas should not be closed, but restricted by suggesting alternate trails. Improved trails were noted as a priority. Permits were agreed to be a last resort measure. Before adjournment, several items not on the agenda were raised. Mayor Osterfoss announced the results of the Vail Recreation District Board election. She advised Ken Wilson and Gail Molloy were both re-elected for four-year terms. Kristan Pritz and Mike Mollica updated Council on ongoing streetscape improvement issues related to the Christiania project. Council reviewed the ~.~,.;~ect site plans. Kristan reminded Council when the plans were approved, they had given staff direction to be certain the plan complied with the Streetscape Plan. Kristan now sought Council's approval to continue with the project with the current proposal involving paver edgers, curbs, landscaping, sidewalks/walkways, and lighting. She also said staff would review the lighting at aright to determine the number of additional lights. She said Jim Lamont had written a letter dated Apri130, 1992, on behalf of Jack Morton Associates, Inc., and Bill Morton, owner of a condo unit in the Mill Creek Court Building, expressing further concerns of the East Village Homeowner's Association. She wanted to address Mr. Lamont's concerns and be certain Council felt the proposal Paul Johnston, Jay Peterson, and she had detailed were adequate solutions in line with the Streetscape Plan. After further discussion, Jim Gibson moved to change the condition of approval relating to the sidewalk by adjusting that specific condition so the funds for the sidewalk would be added to the landscaping and edging improvements on the north side of Hanson Ranch Road. Tom Steinberg seconded the motion. A vote was taken and the motion passed unanimously, 7-0. Kristan Pritz and Shelly Mello asked Council. to clarify their intent with respect to their April 21,1992, decision pertaining to an appeal of a Design Review Board (DRB) decision regarding exterior detailing of the George Caulkins, Jr., residence at 3010 Booth Creek Drive, Lot 4, Block 3, Vail Village 11th Filing. On April 1, 1992, the DRB had unanimously approved a request by the owner to allow the exterior shutters/doors to remain as they currently existed with blue and white detailing. At the Apri121, 1992, Town Council meeting, Jim Gibson had 2 moved to overturn that DRB decision. Merv Lapin had seconded that motion. Council said their intent was to overturn the April 1, 1992 Design Review Board decision, and therefore, the blue and white detailing was not to be anywhere on the building, including the doors. Ron Phillips briefly commented on several topics: The Countywide Goal Sharing session date had been changed to Monday, June 22,1992, from 2:00 P.M. to 9:00 P.M. He asked Council to think about the parking on Frontage Road at Ford Park issue. He recalled Council had indicated a desire to enforce no parking along there. He advised the City Council of Aurora would be coming to Vail for their retreat. In the past, it has been their custom to invite Council members from TOV to attend a dinner with them. That dinner has been set for June 5, 1992. He said Real Estate Transfer Tax far April, 1992, was considerably above budget. He noted the Wildlife Commission was considering Statewide regulations with regard to trapping. He would be attending the Wildlife Commission meeting on May 14, 1992, in Durango. Another letter signed by Peggy was sent to them, emphasizing Vail T..wu Council's position on 50' minimum setbacks. He suggested the Ski Museum pocket park be named "St. Moritz Park" after TOV's Sister City and asked for input. He noted Council had voted unanimously to do away with restrooms in that park. Ron encouraged Council to discuss this further, but Council had already determined they did not want bathrooms in the park. Merv Lapin felt something needed to be done about the process of where we vote on days like today. He felt it would behoove us to have both Districts vote at the Municipal Building or some place more accessible than the sanitation facility in Avon. He wanted a letter written and Warren Garbe said that would need to be addressed to the president of the Board. Further election results were announced by Merv Lapin. Walter Kixch was re-elected and Andrew Armstrong and Darrell Wegert were elected to serve four-year terms on the board of the Upper Eagle Valley Consolidated Sanitation District. Paul Testwuide and Byron Brown were re-elected and Rick Sackbauer was elected to serve four-year terms on the board of the Vail Valley Consolidated Water District. There being no further business, a motion to adjourn the meeting was made and passed unanimously. The meeting was adjourned at 9:30 p.m. Respectfully submitted, Margaret A. Osterfoss, Mayor ATTEST: Martha S. Raecker, Town Clerk Minutes taken aY Dorianne S. Deto C:IMINSMAY5.92 3 MINUTES VAIL TOWN COUNCIL MEETING MAY 19, 1992 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, May 19,1992, at 7:30 P.M., in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: Peggy Osterfoss, Mayor Merv Lapin, Mayor Pro-Tem Jim Shearer Tom Steinberg Rob Levine Bob Buckley MEMBERS ABSENT: Jim Gibson TOWN OFFICIALS PRESENT: Larry Eskwith, T~,~u Attorney Pam Brandmeyer, Assistant to the Town Manager Martha Raecker, Tvwu Clerk Ken Hughey, Chief of Police The first item on the agenda was Citizen Participation of which there was none. Item No. 2 was Ordinance No. 14, Series of 1992, first reading, an ordinance repealing and reenacting Chapter 5.08 -Business and Occupation Tax -Ski Lifts, of the Municipal Code of the Town of Vail. Mayor Osterfoss read the title in full. First reading had been tabled to this date at the May 5, 1992, ever~n~ meeting. Bob Buckley stepped d~wu due to conflict of interest. Larry Eskwith provided brief background information, noting this ordinance would impose a mandatory 4% tax which would replace the 2% tax on gross profits from the sale of ski lift tickets and the voluntary 2% payment which is presently made to the Town by Vail Associates to help pay for the Town bus system. After brief discussion, Merv Lapin moved to approve Ordinance No. 14, _Series of 1992 on first reading, with a second from Tom Steinberg. A vote was taken and the motion passed 5-0-1, with Bob Buckley abstaining. Item No. 3 was Ordinance No. 16, Series of 1992, first reading, an ordinance rezoning a parcel of property (commonly referred to as the "Ski Museum Pocket Park) from Public Accommodation District to Public Use District, generally located at the northwest intersection of Vail Road and West Meadow Drive, and legally described in the attached Exhibit A; and amending the official zoning map in relation to the rezoning of said property. Mayor Osterfoss read the title in full. Mike Mollica si~*nmarized the background and description of the request. After brief discussion, Rob Levine moved to approve Ordinance No. 16 on first reading, finding the change in zoning would be a furtherance of the Town's Master Plan, specifically the Streetscape Master Plan. Tom Steinberg seconded the motion. A vote was taken and the motion passed unanimously, 6-0. Item No. 4 was a discussion of Pitkin Creek Townhome bond restructuring. Steve Jeffers, representing the investment brokerage firm of George K. Baum, extensively addressed all areas and options related to this issue, and distributed a proposed time schedule for completion of refunding and a document detailing cash flow and the economics of refunding. Council instructed staff to investigate the ramifications of having the Town guarantee the mortgage loans. After discussion, Merv Lapin moved to direct staff to proceed with the proposal from George K. Baum that will save the Town of Vail approximately $725,000 on the refunding of the 1979 Pitkin Creek bonds. Tom Steinberg seconded the motion. A vote was taken and the motion passed unanimously, 6-0. There being no further business, a motion to adjourn the meeting was made and passed unanimously. The meeting was adjourned at 8:50 p.m. M After adjournment, Peggy Osterfoss introduced Jamison Smith, who was running for a seat in the Colorado House of Representatives. Council wished Mr. Smith luck. Respectfully submitted, Margaret A. Osterfoss, Mayor ATTEST: Martha S. Raecker, Town Clerk Minutes taken by Dorianne S. Deto C:U~INMAY19.92 ORDINANCE NO. 14 Series of 1992 AN ORDINANCE REPEALING AND REENACTING CHAPTER 5.08 BUSINESS AND OCCUPATION TAX -SKI LIFTS, OF THE MUNICIPAL CODE OF THE TOWN OF VAIL BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. Chapter 5.08 Business and Occupation -Ski Lifts of the Municipal Code of the Town of Vail is hereby repealed and reenacted to read as follows: Chapter 5.08 -Ski Area Lift Ticket Admissions Tax 5.08.010 Purpose and Legislative Intent A. The Town Council finds, determines, and declares that considering the nature of the business of operating ski lifts and ski tows and the relation of such business to the municipal welfare as well as the relation thereof to the expenditures required of the Town, and a proper, just, and equitable distribution of tax burdens within the Town, and all other matters proper to be considered in regard thereto, that the imposition of an admission tax on such places of business is reasonable, proper, and nondiscriminatory and that the amount of the tax imposed by this Chapter for exercising the taxable privilege of purchasing admission is reasonable, proper, uniform, and nondiscriminatory and necessary for a just and proper distribution of tax burdens within the Town. B. It is hereby declared to be the legislative intent of the Town Council that, for the purposes of this Chapter, every person who purchases an admission to a ski lift or ski tow is exercising a taxable privilege. C. It is hereby declared to be the legislative intent of the Town Council that on and after the effective date of this ordinance every person who pays to purchase a ski lift ticket to be admitted to a ski lift or ski tow shall pay, and every person whether owner, lessee, or operator who charges for the purchase of a ski lift ticket for the admission to a ski lift or ski tow shall collect, as agent for the Town, the tax imposed by this Chapter. 5.08.020 Definitions A. Admission shall mean the right to an occupancy of a seat or position of a person, who, for a consideration, uses, possesses or has the right to use or possess an occupancy of a seat or position to any ski lift or ski tow operated in the Town. B. Purchase or safe shall mean contract for sale and include any transaction for the furnishing by any ski area to any person of the taxable privilege of admission to a ski lift or ski 1 tow. C. Purchaser shall mean any person to whom the taxable privilege of admission is, or has been, rendered. D. Tax shall mean either the tax payable by the purchaser or the aggregate amount of taxes due from a vendor. E. Taxpayer shall mean any person obligated to account to the Finance Director for taxes collected or to be collected, or from whom a tax is due, under the terms of this article. F. Vendor shall mean a person making a sale to a purchaser of the taxable privilege of admission. G. Lift ticket means any certificate, card, slip, token, badge, patch, or other signification that a fee has been paid entitling the holder of such signification or another to be admitted to ski lift or ski tow. H. Person means and includes a natural person, corporation, trust, partnership, association, joint venture, two or more persons having a joint or common interest, any other legal or commercial entity, or a receiver, executor, trustee, conservator, or other representative appointed by any order of any court. I. Ski area means any place or business which operates ski lifts which are open to the public upon the purchase of a lift ticket. J. Ski lift means any gondola lift, poma lift, chair lift, t-bar tows, trams, or any other facility designed to be used or operated in connection with the transporting of an individual or individuals up or down a slope, hillside, or mountainside for the purposes of skiing, snowboarding, sightseeing, or other recreational activity. K. Ski area operator means any person who owns, leases, or operates a ski area. L. Finance Director shall mean the Director of Finance of the Town of Vail. 5.08.030 A. On and after the effective date of this ordinance, there is levied and there shall be paid and collected, an dmission tax by every person exercising the taxable privilege of this Chapter, for the exercise of such privilege. B. The amount of tax hereby levied is four percent (4%) on the price paid for each admission. 5.08.040 It shall be a violation of this chapter for any person who pays to purchase an admission 2 in the Town of Vail to fail to pay, or for any vendor who sells admissions, to fail to collect, as agent for the Town, the tax levied by this chapter. i 5.08.040 Exempt Transactions A. Refunds fn the event that a lift ticket fee is refunded for any reason, the admissions tax is no longer applicable and shall be refunded along with the admission price. it B. The providing of admission, where no lift ticket price is charged or paid shall exempt said person from the payment of the admission tax; however, in the event that a reduced charge for admission is made, the tax imposed in this chapter is applicable to the amount of such charge. 5.08.050 Administration The Finance Director is hereby authorized to adopt such rules and regulations for the administration of this chapter as he or she deems necessary, and the payment of the taxes and of making and filing of statements or returns as prescribed in this chapter shall be done in the manner and on the forms prescribed by the Finance Director. 5.08.060 Licenses and Reporting Procedures A. The Finance Director may require any person to make such return, render such statement or keep and furnish such records as the Director of Finance may deem sufficient and i reasonable to show whether or not such person is liable under this article for the payment or collection of the tax imposed herein. B. Every vendor must obtain, without charge, a license to collect the tax, and must report on forms prescribed by the Director of Finance for such taxes, and remit to the Town the collected taxes on or before the 20th day of the month for the preceding month or months. 5.08.070 Collection of Tax by Vendor; Liability A. Every vendor making a sale to a purchaser which is taxable under the provisions of this article is required at the time of making such sale to tolled the tax imposed by this artlcle from the purchaser. B. Whenever admissions are sold under an installment purchase-plan, or a purchase plan allowing deferred payment, the tax levied by this article shall tie based on the total purchase price. Such tax shall be collected at the time of the initial payment. C. The tax to be collected as provided herein shall be conspicuously, indelibly, and ~ separately stated and charged from the sale price on the ticket or card evidencing the sale, and 3 I I shown separately from the sale price on any record made thereof at the time of the sale or at the time when evidence of the sale is first issued or employed by the vendor, provided, however, that when added, such tax shall constitute a part of such purchase price or charge and shall be a debt from the purchaser to the vendor until paid and shall be recoverable at law in the same manner as other debts. The tax shall be paid by the purchaser to the vendor, who, as trustee for and on account of the Town, shall be liable to the Town for the collection and return thereof. D. Every vendor shall add the tax imposed by this article to the purchase price, charge or other consideration paid for the taxable privilege of admission, provided, however, that the vendor shall be liable and responsible to the Town for the payment of an amount equivalent to said tax on each such admission based on his gross taxable sales of I'ift tickets irrespective of the provision of Section 5.08.010. E. The vendor shall prepare and file returns showing taxes due hereunder in such manner and upon such forms as the Finance Director may prescribe, provided that returns must be filed and the tax paid on or before the fifteenth day of the month next following the month of sale, unless the Finance Director prescribes a different time. F. A credit will be allowed the vendor in the return of sales of admissions for admissions that have been surrendered by the purchaser, provided that the full sale price thereof and the full tax due and paid thereon have been refunded by the vendor to the purchaser. G. Taxes paid hereunder on admissions represented by accounts that are unsecured by conditional sales contracts or security agreements, that are found to be worthless, and that are actually and properly charged off as bad debts for the purpose of income-tax reporting under the laws of the United States, may be credited upon subsequent returns of the tax, but if any such accounts are thereafter collected by the vendor, a tax shall be paid in accordance with the terms of this article upon the amount so collected. 5.08.080 Duty to Keep Books and Records It shall be the duty of every vendor to keep and preserve suitable records of all sales made by such vendor and such other books or accounts as may be necessary to determine the amount of the tax for the collection or payment of which such vendor is liable under this article. It shall be the duty of every such vendor to keep and preserve for a period of three (3) years following the due date of the return or the payment of the tax all such books, invoices, and other records necessary to determine the tax and the same shall be open for examination by the Finance Director. Upon demand by the Finance Director such vendor shall make the books, 4 invoices, accounts, or other records it maintains available at the office of the Finance Director or some other place designated by the Finance Director, for examination, inspection, and audit by the Finance Director. The Finance Director, in the Finance Director's discretion may make, permit, or cause to be made, the examination, inspection or audit of books, invoices, accounts and other records so kept or maintained by such vendor. When such vendor shall have entered into a binding agreement with the Town to reimburse it for all costs and expenses incurred by the Town in order to have such examination, inspection or audit at a place other than the place designated by the Finance Director, then such examination, inspection or audit sha11 be made where such records are kept or maintained by the vendor or as otherwise designated in the agreement. 5.08.090 Trust Status of Tax in Possession of Vendors All sums of money paid by the purchaser to the vendor as taxes imposed by this article shall be and remain public money, the property of the Town, in the hands of such vendor, and the vendor shall hold the same in trust for the sole use and benefit of the Town until paid to the Finance Director as provided in this article, and for failure so to pay the Finance Director, such vendor shall be punished for a violation hereof. 5.08.100 Examination of Returns; Refunds, Credits and Deficiencies As soon as practicable after the return is filed under this article, the Finance Director shall examine it and: (1) If it then appears that the correct amount of tax to be remitted is greater or less than that shown in the return, the tax shall be recomputed; (2) If the amount paid exceeds that which is due, the excess shall be refunded or credited against any subsequent remittance from the same person; (3) If the amount paid is less than the amount due, the difference, together with interest thereon at the rate of one-half of one percent per month from the time the return was due, shall be paid by the taxpayer within thirty (30) days after written notice and demand to the taxpayer from the Finance Director, subject to the taxpayer's exercising within such thirty (30) day period the right to administrative and legal remedies available under Sections 5.08.140 and 5.08.190. 5.08.110 Interest on Late Payments, Penalty A. In any case in which a vendor fails to file a return or pay over the tax within the time required by this article, but without the intent to defraud, there shall be added as a penalty, 5 ten (10) percent of the total amount of the deficiency, but not less than ten dollars ($10.00), and interest in such cases shall be collected at the rate of one (1) percent each month, or fraction thereof, on the amount due on the deficiency from the time the return was due to the date the tax is paid, which interest and addition shall become due and payable within twenty (20) days after the written notice and demand by the Finance Director, and such interest shall be assessed, collected, and paid in the same manner as the tax itself. 6. Payments of part but less than ail of a deficiency, including interest, or interest and penalty, shall be first applied to penalty, if any, secondly to accrued interest, and, lastly, to the tax itself. 5.08.120 Penalty for Deficiency Caused by Fraud if any part of the deficiency is due to fraud with the intent to evade the tax, then there shall be added fifty (50) percent of the total amount of the deficiency, and in such case the whole amount of the tax unpaid, including the addition, shall become due and payable thirty (30) days after written notice and demand by the Finance Director, subject to review as provided in Sections 5.08.140 and 5.08.190, and an additional one (1) percent per month on such amount shall be added from the date the return was due until paid. 5.08.130 Investigation of Vendor's Books For the purpose of ascertaining the correctness of a return, or for the purpose of determining the amount of tax due from any person, the Finance Director may issue subpoenas, subpoenas duces tecum, hold investigations and hearings concerning any matters covered by this article, and may examine any relevant books, papers, records or memoranda, of any such person and may require the attendance of such person, or any officer or employee of such person, or of any person having knowledge of such sales, and may take testimony and require proof for his information. The Finance Director shall have power to administer oaths to such persons. 5.08.140 Recovery of Taxes, Penalty, and Interest A. All sums of money paid by any person purchasing a lift ticket from any vendor shall be and remain public money, the property of the Town in the hands of such vendor, and he shall hold the same in trust for the sole use and benefit of the Town until paid to the Finance Director, and for failure to so pay to the Finance Director, such vendor shall be punished as provided herein. B. 1) If a vendor neglects or refuses to make a return in payment of the tax required by this chapter, the Finance Director shall estimate the amount of taxes due, based upon 6 such information as may be available, for the period or periods which the vendor is delinquent; and upon the basis of such estimated amount compute and assess in addition thereto a penalty equal to ten percent (10%) thereof, together with interest on such delinquent taxes at the rate of one percent (1 per month from the date when due. 2) Promptly thereafter the Finance Director shall give to the delinquent vendor notice of such estimated taxes, penalty, and interest. 3) Such estimates shall thereupon become an assessment, and such assessment sha{I be final and due and payable from the vendor to the Town thirty (30) days from the date of the mailing of the notice by first class mail directed to the last known address of such person on file with the Finance Department. Within thirty (30) days after the notice of deficiency is mailed, the vendor may petition the Finance Director for a hearing on a revision or modification of such assessment. The filing of a petition shall not toll the accrual of interest on the amount of taxes due. 4) Such petition shall be in writing, and the facts and figures submitted shall be submitted under oath either in writing or orally at a hearing scheduled by the Director of Finance. The hearing shall take place in the office of the Director of Finance and notice thereof, and the proceedings shah be in substantial conformity with C.R.S. 1973, 24-4-105 except as modified by regulations issued by the Director of Finance. 5) Thereupon, the Director of Finance shall make a final determination and, if appropriate, modify such assessment in accordance with the facts submitted, which facts the Director of Finance deems correct. Such assessment, as modified, shall be considered a final order of assessment of the Director of Finance and may be reviewed under Rule 106(a)(4) of the Colorado Rules of Civil Procedure provided, that the taxpayer has given written notice to the Town Manager of such intention to petition for review under Rule 106(a)(4) within ten (10) calendar days after notice of the final order of assessment. 5.08.150 Hearings, Subpoenas and Witness Fees All subpoenas issued under the terms of this article may be served by any person aged eighteen (18) years or older. The fees of witnesses for attendance and travel shall be the same as the fees of witnesses before the district courts of the state, such fees to be paid when the witness is excused from further attendance. When a witness is subpoenaed at the instance of any party other than the Finance Director to any such proceeding, the Finance Director may require that the cost of service of the subpoena and the fee of the witness be borne by the party 7 at whose instance the witness is summoned. In such case, the Finance Director, in the Finance Director's discretion, may require a deposit to cover the cost of such service and witness fees. A subpoena issued as aforesaid shall be seared in the same manner as a subpoena issued out of a court of record. 5.08.160 Judge to Compel Attendance Any judge of the district court of the fifth judicial district of the state, upon the application of the Finance Director, may compel the attendance of witnesses, the production of books, papers, records or memoranda, and the giving of testimony before the manager, by citation or capias, for contempt, or otherwise, in the same manner as production of evidence may be compelled before the court. 5.08.170 Depositions The Finance Director or any party in an investigation or hearing before the Finance Director may cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for like deposition in civil actions in courts of this state and to that end compel the attendance of witnesses and the production of books, papers, records or memoranda. 5.08.180 Decisions of Finance Director; Notice; When Final Decisions of the Finance Director shall be final upon their entry and sha11 be mailed to the taxpayer forthwith. All notices or other information required to be given to the taxpayer in writing under the provisions of this article if mailed postpaid to the last known address of the taxpayer, after reasonable inquiry of such address, shall be deemed complete and effective upon and as of the posting of the same in the mails of the United States postal service unless returned within ten (10) days by the United States postal service to the manager. Filing by the taxpayer shall be deemed complete upon mailing to or personal service on the Finance Director. 5.08.190 Review of Finance Director's Decision in District Court A. The district court of the fifth judicia! district of the state shall have original jurisdiction in proceedings to review all question of law and fact determined by the Finance Director in administering the provisions of this article by order or writ under Rule 106(a)(4) of the Colorado Rules of Civil Procedure. B. Before making application to the district court under Rule i 06(a)(4) of the Colorado Rules of Civil Procedure, the party making such application shall file with the Finance Director a 8 bond in twice the amount of the taxes, interest and other charges stated in the determination and decision of the Finance Director with surety as is now provided in cases of attachment under the rules of civil procedure, or at the party's option may deposit lawful money of the United States in the same manner. C. Such writs or orders shall be issued by the clerk of the court upon a verified petition or complaint of the taxpayer, filed within thirty (30) days after notice of the decision of the Finance Director. D. The procedure thereunder shall be in conformity with the rules of civil procedure of the state. 5.08.200 Jeopardy Assessment and Demands If the Finance Director finds that collection of the tax will be jeopardized by delay, in the Finance Director's discretion, the Finance Director may declare the taxable period immediately terminated, determine the tax, and issue notice and demand for payment thereof; and, having done so, the tax shall be due and payable forthwith, and the Finance Director may proceed immediately to collect such tax by distraint, levy and sale. Collection may be stayed if the taxpayer gives such security for payment as shall be satisfactory to the Finance Director. 5.08.210 Methods of Enforcing Collections A. If any taxes, penalty, or interest proposed by this article and shown due by returns filed by the taxpayer or shown by assessments duly made as provided herein are not paid within thirty (30) days after the same are due, the Director of Finance shall issue a notice setting forth the name of the taxpayer, the amount of the tax, penalties and interest, the date of the accrual thereof and that the Town claims a first and prior lien therefore on the real and tangible property of the taxpayer, except as to preexisting pertected liens of a mortgagee, pledgee, judgement creditor, or claims of a bona fide purchaser whose rights shall have attached tax prior to the filing of notice as herein provided on property of the taxpayer other than the goods, stock and trade and business fixtures of such taxpayer. Said notice shall be on forms furnished by the Finance Department and shall be verified by the Town Manager or by the Finance Director or any duly qualified agent of the Town Manager or the Finance Director, whose duties are the collection of such tax, and may be filed in the office of the County Clerk and Recorder of any county in the state in which the taxpayer owns real or tangible personal property, or, in the case of personalty, with the Secretary of State, and the filing of such notice shall create a lien on such property and constitute notice thereof. After such notice has been filed, or concurrently therewith, or at any 9 time when taxes due are unpaid, whether such notice shall have been filed or not, the Finance Director may issue a warrant directed to any duly authorized revenue collector, or to the Sheriff of the County commanding him to levy upon, distrain, seize, and sell sufficient of the real and personal property of the taxpayer found within the county for the payment of the amount due, together with interest, penalties, and costs as may be provided by law, subject to valid preexisting claims or liens. B. Such revenue collector or the Sheriff shall forthwith distrain and levy upon sufficient of the property of the taxpayer, or any property used by such taxpayer in conducting his business, and said property so levied upon shall be sold in all respects to and with like effect and in the same manner as is prescribed by law with respect to executions against property upon judgement of a court of record, and the remedies of garnishment shall apply. The Sheriff shaf( be entitled to such fees in executing such warrants as are allowed by law for similar services. C. Any lien for taxes is shown on the records of the County Clerk and Recorder as provided in this section, upon payment of all taxes, penalties, and interest covered thereby, shall be released by the Finance Director in the same manner as mortgages and judgements are released. D. The Finance Director may also treat any such taxes, penalties, or interest due and unpaid as debt due to the Town from the vendor or taxpayer. The return of the vendor or taxpayer or the assessment made by the Finance Director as provided in this chapter shall be prima facia proof of the amount due. To recover such taxes, penalties, or interest due the Finance Director may bring an action and a writ of attachment may be issued to the Sheriff. At any such proceedings, no bond shall be required of the Finance Director, nor shall any Sheriff require of the Finance Director an indemnifying bond for executing the writ of attachment or writ of execution upon any judgement entered in such proceedings. The Finance Director may prosecute appeals in such cases without the necessity of providing bond thereof. It is the duty of the Town Attorney, when requested by the Finance Director to commence action for the recovery of taxes due under this chapter and this remedy shall be in addition to all existing remedies provided in this chapter. E. In any action affecting the title to real estate or the ownership of rights to possession of personal property, the Town may be made a party defendant for the purposes of obtaining an adjudication or determination of its lien upon the property involved therein. In any such action, service of summons upon the Finance Director or any person in the office of the 10 Finance Director shall be sufficient service and shall be binding upon the Town. F. The Finance Director is authorized to waive for good cause shown any penalty assessed as provided in this chapter and any interest imposed in excess of ten percent (10°I°) per annum. 5.08.220 Tax Lien A. The tax imposed by this chapter shall be a first and prior lien upon the goods and business fixtures of or used by any ski area operator or vendor, excepting stock of goods sold or for sale in the ordinary course of business, and shall take precedence on all such property over other liens or claims of any kind or nature whatsoever. B. Any ski area operator or vendor who sells his business or quits business shall be required to make out his tax return as provided for in this chapter within ten (10) days after the date the business is sold or the operator quits business, and his successor in business shall be required to withhold sufficient purchase money to cover the amount of said taxes due and unpaid until such time as the former owner produces a receipt from the Finance Director showing that the taxes have been paid ar a certificate that no taxes are due. C. If the purchaser of a ski area fails to withhold the purchase money as provided in this section and the taxes are due and unpaid after the ten (10) day period, he as well as the seller shall be personally liable for the payment of the taxes unpaid by the former owner. 5.08.230 Status of Unpaid Tax in Bankruptcy and Receivership Whenever any vendor or taxpayer subject to this chapter shall be placed in receivership, bankruptcy, or assignment for the benefit of creditors, or seized under distraint for property taxes, all taxes, penalties, and interest imposed by this Chapter and for which the vendor or taxpayer is in any way liable under the terms of this chapter shall be a prior and preferred claim against all the property of said taxpayer, except as to preexisting claims or liens of a bona fide mortgagee, pledgee, judgement creditor, or purchaser whose rights shall have attached prior to the filing of the notice as provided for in section 5.08.090 of this chapter on the property of the taxpayer other than goods, stock and trade and business fixtures of such taxpayer. No Sheriff, receiver, assignee, or other officer shall sell the property of any person subject to this chapter under process or order of any court without first ascertaining from the Finance Director the amount of any taxes due and payable under this chapter and if there are any such taxes due, owing, or unpaid it is the duty of such officer to first pay the amount of said taxes out of the proceeds of said sale before making payment of any monies to any judgement creditor or other 11 I claims of whatsoever kind or nature except the cost of the proceedings and other preexisting claims for liens as provided in this section. 5.08.250 Violation -Penalty Any person convicted of violating any of the provisions of this chapter shall be punished by a fine not to exceed nine hundred ninety nine dollars ($999.00) or imprisonment for not more than ninety {90) days or by both such fine and imprisonment. 5.08.260 Miscellaneous 1. 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. 2. 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. 3. 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. 4. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extend only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. 12 INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of May, 1992, and a public hearing shall be held on this Ordinance on the 2nd day of June, 1992, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Margaret A. Osterfoss, Mayor ATTEST: Martha S. Raecker, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED by title only this 2nd day of June, 1992. Margaret A. Osterfoss, Mayor ATTEST: Martha S. Raecker, Town Clerk C:\ORD92.14 13 ~ 4. r j ORDINANCE NO. 16 Series of 1992 AN ORDINANCE REZONING A PARCEL OF PROPERTY FROM PUBLIC ACCOMMODATION DISTRICT TO PUBLIC USE DID i nICT, GENERALLY LOCATED AT THE NORTHWEST INTERSECTION OF VAIL ROAD AND WEST MEADOW DRIVE, AND LEGALLY DESCRIBED IN THE ATTACHED EXHIBIT A; AND AMENDING THE OFFICIAL ZONING MAP IN RELATION TO THE REZONING OF SAID PROPERTY. WHEREAS, the property to be rezoned is located within the municipal limits of tthe Town of Vail; and WHEREAS, the Planning and Environmental Commission has considered the appropriate rezoning for the property and has unanimously recommended that the Town Council rezone the parcel from Public Accommodation to Public Use; and WHEREAS, the Town Council considers it in the public interest to rezone said property. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1. The Town Council finds that the procedures for the provision of rezoning property in.~he Town of Vail have been fulfilled, and the Town Council hereby received the report of recommendation from the Planning and Environmental Commission recommending the rezoning of said property. Section 2. Pursuant to Section 18.66.100 - 18.66.180 of the Vail Municipal Code, the parcel of property legally described in the attached Exhibit A is zoned as Public Use. Section 3. As provided in the ordinances of the Town of Vail, the zoning administrator is hereby directed to modify and amend the official zoning map to include the zoning specified in Section 2 above. Section 4 If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this 1 ~ . 1 , ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5 The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 6 The repeal or the repeal and reenactment of any provision of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under of by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7 All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 19th day of Mav , 1992. A public hearing shall be held hereon on the 2nd day of June , 1992, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. Margaret A. Osterfoss, Mayor ATTEST: Martha S. Raecker, Town Clerk 2 . ~ ' READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED w by title only this 2nd day of 3une , i992, Margaret A. Osterfoss, Mayor ATTEST: Martha S. Raecker, Town Clerk 3 ~ - r EXHIBIT A. The site is located at the northwest intersection of Vail Road and West Meadow Drive, and more specifically described as follows: A part of Lot "B", Amended Map of Vail Village, Second Filing, County of Eagle, State of Colorado, more particularly described as follows: Commencing at the Northeast Corner of Section 7, Township 5 South, Range 80 West of the 6th P.M.: thence Southerly along the East Line of said Section 7 a distance of 390.78 ft; thence on an angle to the right of 90°00'00" a distance of 25.00 ft to a point on the East Line of said I..ot "B", said point being ?3.00 feet Northerly from the SE corner of said Lot "B" and the true point of beginning; thence continuing along the aforesaid course a distance of 98.75 ft to a point on the Southwesterly line of said Lot "B", which is the Northeasterly line of W. Meadow Dr.; thence on an angle to the left . of 121 °43'21 " and along the curve to the right having a radius of 175.00 feet and a central angle of 02°06'21 and an azc distance of 6.43 ft to a point of tangent; thence continuing along said tangent a distance of 33.97 ft to a point of curve; thence on a curve to the left having a radius of 75.00 ft and a central angle of 60°23'00" and an azc distance of ?9.04 ft to a point of tangent; thence continuing along said tangent a distance of 13.48 ft to the Southeasterly corner of said Lot "B", said corner being 25.00 ft Westerly of the East line of said Section 7; thence on an angle to the left of 90°00'00" and along the Easterly line of said Lot "B" and along a line parallel to the East line of said Section 7 a distance of 73.00 ft to the true point of beginning, more generally known as NW corner of Vail Road and West Meadow Drive, Vail, Colorado. ~~~Y d~ ORDINANCE NO. 15 (REVISIL?NS IN BOLD) ~ ~ Series of 1992 AN ORDINANCE AMENDING TITLE 3 OF THE MUNICIPAL CODE OF THE TOWN OF VAIL BY THE ADDITION OF CHAPTER 3.42 ESTABLISHING A USE TAX; AND SETTING FORTH DETAILS IN REGARD THERETO. NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. Title 3 of the Municipal Code of the Town of Vail is hereby amended by the addition of Chapter 3.42 to read as follows: Chapter 3.42 -Use Tax 3.42.010 General Provisions This Chapter shall be known as the Town Use Tax Ordinance. 3.42.020 -Definitions The definitions set forth in Section 3.40.020 of this Code are hereby incorporated into this Section by reference. 1. Charitable organization means any entity organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary or educational purposes, or to foster national or international amateur sports competition (but only if no part of its activities involve the provision of athletic facilities or equipment), or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, no substantial part of the activities of which is carrying on propaganda, or otherwise attempting to influencing legislation, and which does not participate in, or intervene in any political campaign on behalf of any candidate for public office (including the publishing or distributing of statements). 2. Town means the Town of Vail, Colorado. 3. Town Attorney means the attorney or attorneys for the Town. 4. Town Building Inspector means the building inspector for the Town. 5. Town Building Official means any individual who determines the estimate of the cost of materials and supplies to be permanently affixed to or incorporated in any building, dwelling, or other structural or improvement to realty for which a Use Tax is required to be paid pursuant to Section 3.42.030. 6. Town Clerk means the clerk of the Town. 7. Town Council means the Council of the Town. 1 8. Town Manager means the manager of the Town. 9. Construction materials means tangible personal property which when combined with other tangible personal property, loses its identity to become an integral and separable part of the completed structure or project including public and private improvements. Construction materials include, but are not limited to, such things as: asphalt, bricks, builders hardware, caulking materials, cement, concrete, conduits, electric wiring, and connections, fireplace inserts, electrical heating and cooling equipment, flooring, glass, gravel, insulation, lath, lead, lime, lumber, macadam, millwork, mortar, oil, painting, piping, pipe valves and pipe fittings, plaster, plumbing fixtures, putty, reinforcing mesh, road base, roofing sand, sanitary sewer pipe, sheet metal, site lighting, steel, stone, stucco, tile, trees, shrubs and other landscaping materials, wall board, wall coping, wall paper, weather stripping, wire netting and screen, water mains and meters, and wood preserver. The above materials, when used for forms or other items which do not remain as an integral or inseparable part of the completed structure or projects are not construction materials. 10. County means Eagle County, Colorado. 11. County Clerk and Recorder means the county clerk and recorder for the County. 12. Department of Revenue means the Department of Revenue of the State of Colorado. 13. District Court means the District Court in and for Eagle County, Colorado. 14. Purchased at retail means all sales except wholesale sales. 15. School means an educational institution having a curriculum comparable to grade, grammar, junior high, high school, or college, or any combination thereof, requiring daily attendance and charging a tuition fee. 16. State means the State of Colorado. 17. Tax means the Use Tax due from a consumer. 18. Tax deficiency means any amount of tax that is not paid on or before the due date. 19. Tax payer means any person obligated to pay tax under the terms of this Chapter. 20. Use Tax means the tax paid or required to be paid by the consumer on the sale value of construction materials. 3.42.030 - Property Taxed There is hereby imposed and shall be collected from every person in this Town a Use Tax at the rate of four percent (4%) for the privilege of using or consuming in the Town construction 2 materials purchased at retail. Such Use Tax shall be computed in accordance with the schedules or systems set forth in the rules and regulations prescribed therefore. 3.42.030 A. The use tax imposed pursuant to Section 3.42.010 shall be collected by the Finance Director as provided in this Section and shall be collected in the amount of four percent (4%) of the sale value of the construction materials. For the purposes of this Section, fifty percent (50%) of the estimated cost of the structure shall be deemed to be the sale value of such construction material. B. Any person who is required to obtain a building permit by the law of the Town, including underground improvements within the Town, and who shall purchase the necessary lumber, fixtures, materials, or any other supplies needed therefore from any source, either within or without the corporate limits of the Town, shall remit a deposit to the Town prior to the issuance of any building permit. Such deposit is to insure and indemnify the Town for the amount of the Use Tax due within sixty (60) days following the date of the issuance of the Certificate of Occupancy for the project or the date of the final inspection by the town of the project, or three (3) years from the date the building permit Is Issued, whichever occurs first. The amount of the deposit shall be based upon an estimate of the Use Tax to be payable on the lumber, fixtures, materials, and supplies needed therefore, at the time that the respective building permit is obtained. The estimate of the cost of such lumber, fixtures, materials, and supplies for a particular project structure shall be determined by the Town building official, and this estimate shall be subject to adjustment if the actual cost of such lumber, fixtures, materials, or supplies needed for the project are either less than or greater than such estimate. Upon payment of such deposit to the Finance Director, which is computed~n the basis of four percent (4%) of fifty percent (50%) of the estimated cost of the tructur the taxpayer shall be issued a receipt identifying the property that is the subject of this deposit and the building permit number. Within sixty (60) days following the date of the issuance of the Certificate of Occupancy for the project or the date of the final inspection by the town of the project, or three (3) years from the date the building permit is issued, whichever occurs first, if it is determined by the Town that the actual cost of the lumber, fixtures, materials, and supplies needed for the project is greater than the estimate therefore and that the amount of the Use Tax deposit is not sufficient to provide for full payment of the Use Tax, then the additional Use Tax must be received by the Finance Director within thirty (30) days of such determination. If the taxpayer believes that the 3 deposit was in excess of the Use Tax due, he may apply for a refund as set forth in Section 3.42.190 of this Chapter either within sixty (60} days following the date of the issuance of the Certificate of Occupancy for the project or the date of the final inspection by the town of the project, or three (3) years from the date the building permit is issues, whichever occurs first. 3.42.040 -Exemptions The Use Tax imposed pursuant to this Chapter is declared to be supplementary to the Sales Tax imposed by Chapter 3.40 of this Code and shall not apply: A. To the use or consumption by a contractor or subcontractor of construction materials for use in the building, erection, alteration, or repair of structures, highways, roads, streets, and other public works owned and used by: 1. The United States Government, the State, its departments and institutions, and the political subdivisions thereof and their governmental capacities only; 2. Charitable organizations in the conduct of their regular charitable functions and activities; or 3. Schools, other than schools held or conducted for private or corporate profit. B. To the use or consumption by a contractor or subcontractor of construction materials for use in the building, erection, alteration, or repair of employee housing as defined in Chap#er of the Municipal Code of the Town of Vail. 3.40.190 -Refunds A refund shall be made, or credit allowed, for the Use Tax so paid under dispute by any user who claims an exemption pursuant to Section 3.40.170 or claims that an amount paid pursuant to Section 3.42.030 was in excess of the Use Tax due. Such refund shall be made by the Finance Director after compliance with the following conditions precedent: A. Applications for refund shall be made either within sixty (60) days following the date of the issuance of the Certificate of Occupancy for the project or the date of the final inspection by the town of the project, or three (3) years from the date the building permit is issues, whichever occurs first, and must be supported by the affidavit of the purchaser accompanied by the original paid invoice or sales receipt and certificate issued by the sellers and shall be made upon such forms as shall be prescribed therefore. B. Upon receipt of an application, the Finance Director shall examine the same with due speed and shall give notice to the applicant by order in writing of his decision thereon. Aggrieved applicants, within twenty (20) days after such decision is mailed to them, may petition 4 the Finance Director for a hearing on the claim in the manner provided in Section 3.40.240 and may either appeal to the District Court in the manner provided in Section 3.40.250 or to the Department of Revenue in the manner provided in Section 3.40.260. The right of any person to a refund under this Chapter 3.40 shall not be assignable, except as provided in Subsection D of this Section, such application for refund must be made by the same person who paid the deposit in accordance with Section 3.40.230(6) of this Chapter. C. The burden of proving that sales, services, and commodities on which tax refunds are claimed are exempt from taxation under this Chapter 3.40 or were not at retail shall be on the person making such claim under such reasonable requirements proof as set forth in the rules and regulations prescribed therefore. No such refund shall be made or credit allowed in an amount greater than the tax paid. D. Such application for refund under Subsection C of this Section shall be made on forms furnished by the Town Finance Department. Upon receipt of such application and proof of the matters contained therein, the Finance Director shall give notice to the applicant by order in writing of his decision thereon. Aggrieved applicants, within twenty (20) days after such decision is mailed to them may petition the Finance Director for a hearing on the claim in the manner provided in Section 3.40.240 and may either appeal to the District Court in the manner provided in Section 3.40.250 or to the Department of Revenue in the manner provided in Section 3.40.260. Any applicant for a refund under the provisions of this Subsection D, or any other person, who makes any false statements in connection with an application for a refund of any taxes is guilty of a violation of this Chapter 3.40 and shall be punished in the manner provided by state law. E. Claims for tax monies paid in error or by mistake shall be made either within sixty (60) days following the date of the issuance of the Certificate of Occupancy for the project or the date of the final inspection by the town of the project, or three (3) years from the date the building permit is issued, whichever occurs first and shall be processed for refund in accordance with the rules and regulations prescribed therefore under Subsection D above, except that the proceeds of any such claim for a refund shall first be applied by the Finance Department to any tax deficiencies or liabilities existing against the claimant before allowance of such claim by the finance department, and further except that if such excess payment of tax monies in any period is discovered as a result of an audit by the Finance Department, and deficiencies are discovered and assessed against the taxpayer as a result of such audit, then such excess monies shall be 5 first applied against any deficiencies outstanding to the date of the assessment but shall not be applied to any future tax liabilities. F. If any person is convicted under the provisions of this Section, such conviction shall be prima facie evidence that all refunds received by such person during the current year were obtained unlawfully, and the Finance Director is empowered to bring appropriate action for recovery of such refunds. A brief summary statement of the above-described penalties shall be printed on each form for a refund. (Ord. 31(1987) & 1.) Enforcement 3.40.200 -Recovery of taxes, penalty and interest A. 1. If a person neglects or refuses to pay any Use Tax as required by this Chapter 3.42, within five (5) business days after the same are due, then the Finance Director shall make an estimate, based upon such information as may be available, of the amount of taxes due for which the taxpayer is delinquent and shall add thereto a penalty equal to the sum of fifteen dollars ($15.00) for such failure or ten percent (10%) thereof, whichever is greater, and interest on such delinquent taxes at the rate of one percent (1%} per month from the time the return was due. If any part of the deficiency is due to fraud with the intent to evade the tax, then there shall be added one hundred percent (100%) of the total amount deficiency and in such case, the whole amount of the tax unpaid, including the additions, shall become due and payable ten (10) days after written notice and demand by the Finance Director, and an additional three percent (3%) per month on said amount shall be added from the date that the return was due until paid. 2. Promptly thereafter, the Finance Director shall give to the delinquent taxpayer written notice of such estimated taxes, penalty, and interest, which notice of assessment shall be sent by first-class mail directed to the last address of such person on file with the finance department. Such estimate shall thereupon become a notice of deficiency. Within twenty (20) days after the notice of deficiency is mailed, the taxpayer may petition the Finance Director for a hearing in the manner provided in Section 3.40.240 and either may appeal to the District Court as provided in Section 3.40.250 or to the Department of Revenue as provided in Section 3.40.260. B. 1. If any taxes, penalty, or interest imposed by this Chapter 3.40 and shown due by assessments duly made as provided in this Section are not paid within five (5) days after the same are due, then the Finance Director shall issue a notice, setting forth the name of the 6 taxpayer, the amount of the tax, penalties and interest, and the date of the accrual thereof and the Town claims a first and prior lien therefore on the real and tangible personal property of the taxpayer except as to preexisting claims or liens of a bona fide mortgagee, pledgee, judgement creditor, or purchaser whose rights have attached prior to the filing of the notice as provided in this Section on property of the taxpayer, other than the goods, stock in trade, and business fixtures of such taxpayer. 2. Said notice shall be on forms furnished by the Finance Department and shall be verified by the Town Manager or by the Finance Director or any duly qualified agent of the Town Manager or the Finance Director, whose duties are the collection of such tax, and may be filed in the office of the County Clerk and Recorder in which the taxpayer owns real or tangible personal property, and the filing of such notice shall create a lien on such property in that County and constitute notice thereof. After said notice has been filed, or concurrently therewith, or at any time when taxes due are unpaid, whether such notice shall have been filed or not, the Finance Director may issue a warrant directed to any duly authorized revenue collector, or the Sheriff of the County commanding him to levy upon, seize, and sell sufficient of the real and personal property of the amount due together with interests, penalties, and costs, as may be provided by law, subject to valid pre-existing claims or liens. C. Such revenue collector or the Sheriff shall forthwith levy upon sufficient of the property of the taxpayer or any property used by such taxpayer in conducting his retail business, and said property so levied upon shall be sold in all respects to with like effect and in the same manner as is prescribed by law with respect to executions against property upon judgment of a court of record, and the remedies of garnishment shall apply. The Sheriff or other revenue collector shall be entitled to such fee in executing such warrants as are allowed by law for similar services. D. Any lien for taxes as shown on the records of the County Clerks and Recorders as provided in this Section, upon payment of all taxes, penalties, and interest covered thereby shall be released by the Finance Director in the same manner as mortgages and judgments are released. E. 1. The Finance Director may also treat any such taxes, penalties, or interest due and unpaid as debt due to the Town from the taxpayer. The return of the taxpayer or the assessment made by the Finance Director, as provided in this Chapter 3.40 shall be prima facie proof of the amount due. 7 2. To recover such taxes, penalties or interest due, the Finance Director may bring an action in attachment, and a writ of attachment may be issued to the Sheriff. In any such proceedings, no bond shall be required of the Finance Director, nor shall any Sheriff require of the Finance Director an indemnifying bond for executing the writ of attachment or writ of execution upon any judgment entered in such proceedings. The Finance Director may prosecute appeals in such cases without the necessity of providing bond thereof. It is the duty of the Town Attorney, when requested by the Finance Director, to commence action for the recovery of taxes due under this Chapter 3.40, and this remedy shall be in addition to all other existing remedies or remedies provided in this Chapter 3.40. F. In any action affecting the title to real estate or the ownership or rights to possession of personal property, the Town may be made a party defendant for the purpose of obtaining an adjudication or determination of its lien upon the property involved therein. In any such action, service of summons upon the Finance Director or any person of the office of the Finance Director shall be sufficient service and shall be binding upon the Town. G. The Finance Director is authorized to waive, for good cause shown, any penalty and interest assessed as provided in this Chapter 3.40. H. If a taxpayer pays for any tax imposed pursuant to this Chapter 3.40 by check for which there are insufficient funds to cover such check, then the Finance Director may assess a penalty against such taxpayer as follows: 1. Fifteen dollars ($15.00) for the first violation; 2. Thirty dollars ($30.00) for the second violation; and 3. Seventy five dollars ($75.00) for each additional violation. If a penalty of thirty five dollars ($35.00) or more has been assessed against a taxpayer by the Finance Director, then the Finance Director may require such taxpayer to pay all tax payments, whether due or to be due in the future, by certified funds, cashier's check or cash. The penalty imposed by this Subsection H above is in addition to all other penalties imposed pursuant to this Chapter 3.40. I. If any person, firm, or corporation liable for the payment of any tax covered by this Chapter has repeatedly failed, neglected, or refused to pay the same within the time specified for such payment, and the Town has been required to issue distraint warrants to enforce the collection of any taxes due from such taxpayer, the Finance Director is hereby authorized to assess and collect the amount of such taxes due, together with all interest and penalties provided 8 therefore by law, and also, the following additional penalties for recurring distraint warrants: 1. Three (3), four (4), or five (5) consecutive distraint warrants issued: Fifteen percent (i5%) of the delinquent taxes, interest and penalties due or the sum of twenty five dollars ($25.00), whichever is greater; 2. Six (6) or more consecutive distraint warrants: Thirty percent (30%) of the delinquent taxes, interest, and penalties due or the sum of fifty dollars ($50.00), whichever is greater. (Ord. 33(1988) & 9, Ord. 31(1987) & 1.) 3.40.210 -Tax Lien A. The Use Tax imposed pursuant to Section 3.40.120 shall be a first and prior lien upon the tangible personal property and business fixtures of or used by any retailer under lease, title retaining contract, or other contract arrangement, excepting stock of goods sold or for sale in the other liens or claims of whatsoever kind or nature. B. Whenever the business or property owner of any taxpayer subject to this Chapter 3.40 shall be placed in receivership, bankruptcy, or assignment for the benefit of creditors, or seized under distraint for property taxes, all taxes, penalties, and interest imposed by this Chapter 3.40 and for which said taxpayer is in any way liable under the terms of this Chapter 3.42 shall be a prior and preferred claim against all the property of said taxpayer, except as to pre-existing claims or liens of a bona fide mortgagee, pledgee, judgment creditor, or purchaser whose rights shall have attached prior to the filing of the notice as provided in Section 3.40.200, Subsection C, 2. on the property of the taxpayer, other than the goods, stock in trade, and business fixtures of such taxpayer. No Sheriff, receiver, assignee, or other officer shall sell the property of any person subject to this Chapter 3.40 under process or order of any Court without first ascertaining from the Finance Director the amount of any taxes due and payable under this Chapter 3.40, and if there are any such taxes due, owing, or unpaid, it is the duty of such officer to first pay the amount of said taxes out of the proceeds of said sale before making payment of any monies to any judgment creditor or other claims of whatsoever kind or nature, except the costs of the proceedings and other pre-existing claims or liens as provided in this Section. Ord. 31(1987) & 1.) 3.40.220 -Interest on underoa.vmPnt. overoavment, nonnavment or extensions of time for pavment of tax A. If any amount of Use Tax is not paid on or before the last date prescribed for payment, then interest on such amount at the rate of one percent (1%) per month shall be paid 9 for the period from such last date to the date paid. The last date prescribed for payment shall be determined without regard to any extension of time for payment and shall be determined without regard to any notice and demand for payment issued, by reason of jeopardy, prior to the last date otherwise prescribed for such payment. In the case of a tax in which the last date for payment shall be deemed to be the date that the liability for the tax arises, and in no event shall such date be later than the date that notice and demand for the tax is made by the Finance Director. B. Interest prescribed under this Section and Section 3.40.200, Subsection B shall be paid upon notice and demand and shall be assessed, collected, and paid in the same manner as the tax to which such interest is applicable. C. If any portion of a tax is satisfied by credit of an over-payment, then no interest shall be imposed under this Section on the portion of the tax so satisfied for any period, during which, if the credit has not been made, interest would have been allowed with respect to such overpayment. D. Interest prescribed under this Section and Section 3.40.200, Subsection B on any Use Tax may be assessed and collected at any time during the period within which the tax to which such interest relates may be assessed and collected. (Ord. 31(1987) & 1.} 3.40.230 -Other remedies No provisions of this Chapter 3.40 shall preclude the Town from utilizing any other lawful penalties or other remedies applicable to the collection of Use Taxes. (Ord. 31(1987) & 1.) Hearinas and Aooeals 3.40.240 -Hearinas by Finance Director A. An appeal of a notice of assessment issued to a taxpayer for underpayment of tax owed or as a result of an audit shall be submitted in writing to the Finance Director within twenty (20) calendar days from the date of the notice of assessment. Any such appeal shall identify the amount of tax disputed and the basis for the appeal. B. An appeal of a denial of a refund shall be submitted in writing to the Finance Director within twenty (20) calendar days from the date of the denial of the refund and shall identify the amount of the refund requested and the basis for the appeal by the taxpayer. C. An appeal of a decision of the Finance Director in a hearing held pursuant to Sections 3.40.250 and 3.40.260 shall be commenced within thirty (30) days of such decision. 10 3.40.250 -Review by District Court A. If the petitioner or if an applicant for a refund is aggrieved at the final decision of the Finance Director then he may proceed to have same reviewed by the District Court. The procedure of review shall be in accordance with Rule 106(a)(4) of the Colorado Rules of Civil Procedure. B. Within fifteen (15) days after filing a notice of appeal as provided in this Section, the taxpayer shall file with the District Court a surety bond in twice (2x) the amount of the taxes, and other charges stated in the final decision by the Finance Director that are contested on appeal. The taxpayer may, at his option, satisfy the surety bond requirement by a savings account or deposit in or a certificate of deposit issued by a state or national bank or by a state or federal savings and loan association, in accordance with the provisions of Section 11-35-101(1) of the Colorado Revised Statutes, equal to twice (2x) the amount of the taxes, interest, and other charges stated in the final decision by the Finance Director. The taxpayer may, at his option, deposit the disputed amount with the Finance Director in lieu of posting a surety bond. If such amount is so deposited, no further interest shall accrue on the deficiency contested during the pendency of the action. At the conclusion of the action, after appeal to the Supreme Court or the Court of Appeals of the State or after the time for such appeal has expired, the funds deposited shall be, at the direction of the District Court, either retained by the Finance Director and applied against the deficiency or returned in whole or part to the taxpayer with interest at the rate imposed pursuant to Section 3.40.220. No claim for refund of amounts deposited with the Finance Director need be made by the taxpayer in order for such amounts to be repaid in accordance with the direction of the District Court. C. The District Court shall have original jurisdiction in proceedings to review all questions of law and fact determined by the Finance Director in administering the provisions of this Chapter 3.40 by writ under rule 106(a)(4) of the Colorado Rules of Civil Procedure. Any writ issued pursuant to this Subsection C shall be issued by the Clerk of the District Court upon a verified petition of the taxpayer filed within twenty (20) days after notice of the decision of the Finance Director in any such matter. Such writ shall be served within five (5) days after its issuance and shall be returnable at such time as the District Court may determine, not less than ten (10) days nor more than twenty (20) days after the date of issuance of such writ. The Finance Director shall certify the record of his proceedings to the District Court. D. The decision of the District Court may be reviewed in the Supreme Court of the 11 State upon writ of error by any party thereto. (Ord. 31(1987) & 1.) 3.40.260 -Alternate review by Der~artment of Revenue In lieu of the procedure provided for in Section 3.40.250, the taxpayer may elect a hearing on the Finance Director's final decision on a deficiency notice or claim for refund pursuant to procedure set forth in this Section 3.40.260. A. As used in this Section 3.40.260, "State hearing" means a hearing before the Executive Director of the Department of Revenue or a delegate thereof as provided in Section 29- 2-106.1(3) of the Colorado Revised Statutes. B. When the Finance Director asserts that Use Tax is due in an amount greater than the amount paid by a taxpayer, then the Finance Director shall mail a deficiency notice to the taxpayer by certified mail. The deficiency notice shall state the additional Use Tax is due. The deficiency notice shall contain notification, in clear and conspicuous type, that the taxpayer has the right to elect a State hearing on the deficiency pursuant to Section 29-2-106.1(3) of the Colorado Revised Statutes. The taxpayer shall also have the right to elect a State hearing on the Finance Director's denial of such taxpayer's claim for a refund of Use Tax paid. C. The taxpayer shall request the State hearing within thirty (30) days after the taxpayer's exhaustion of local remedies. The taxpayer shall have no right to such hearing if he has not exhausted local remedies or if he fails to request such hearing within the time period of this Subsection C. For purposes of this Subsection C, "exhaustion of local remedies" means: 1. The taxpayer has timely requested in writing a hearing before the Finance Director, and the Finance Director has held such hearing and issued a final decision thereon. Such hearing shall be informal, and no transcript, rules of evidence or filing of briefs shall be required, but the taxpayer may elect to submit a brief, in which case the Finance Director may submit a brief. The Finance Director shall hold such hearing and issue the final decision thereon within ninety (90) days after the Finance Director's receipt of the taxpayer's written request therefore, except that the Town may extend such period if the delay in holding the hearing or issuing the decision thereon was occasioned by the taxpayer, but, in any such events, the Finance Director shall hold such hearing and issue the decision thereon within one hundred eighty (180) days of the taxpayer's request in writing therefore; or 2. The taxpayer has timely requested in writing a hearing before the Finance Director, and the Finance Director has failed to hold such hearing or has failed to issue a final 12 decision thereon within the time periods prescribed in Subsection C of this Section. D. If a taxpayer has exhausted his local remedies as provided in Subsection C, 1 of this Section, then the taxpayer may request a state hearing on such deficiency notice or claim for refund, and such hearing shall be conducted in the same manner as set forth in Section 29-2- 106.1(3) through (7), inclusive, of the Colorado Revised Statutes. E. If the deficiency notice or claim for refund involves only the Finance Director, then in lieu of requesting a State hearing, the taxpayer may appeal such deficiency or denial of a claim for refund to the District Court as provided in Section 29-2-106.1(8) of the Colorado Revised Statutes, if the taxpayer complies with the procedures set forth in Subsection C of this Section. F. No provision of this Section shall prohibit the taxpayer from pursuing judicial review of a final decision of the Finance Director as otherwise provided in Section 3.40.250. (Ord. 31(1987) & 1.) 3.40.280 -Violation-Penalty Any person convicted of violating any of the provisions of this Chapter shall be punished by a fine, not to exceed five hundred dollars ($500.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. (Ord. 31(1987) & 1.} 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent 13 herewith are repealed to the extend only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of June, 1992, and a public hearing shall be held on this Ordinance on the day of , 1992, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Margaret A. Osterfoss, Mayor ATTEST: Martha S. Raecker, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1992. Margaret A. Osterfoss, Mayor ATTEST: Martha S. Raecker, Town Clerk C:~ORD92.15 14 1 ORDINANCE NO. 15 Series of 1992 AN ORDINANCE AMENDING TITLE 3 OF THE MUNICIPAL CODE OF THE TOWN OF VAIL BY THE ADDITION OF CHAPTER 3.42 ESTABLISHING A USE TAX; AND SETTING FORTH DETAILS IN REGARD THERETO. NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. Title 3 of the Municipal Code of the Town of Vail is hereby amended by the addition of Chapter 3.42 to read as follows: Chanter 3.42 -Use Tax 3.42.010 General Provisions This Chapter shall be known as the Town Use Tax Ordinance. 3.42.020 -Definitions The definitions set forth in Section 3.40.020 of this Code are hereby incorporated into this Section by reference. 1. Charitable organization means any entity organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary or educational purposes, or to foster national or international amateur sports competition (but only if no part of its activities involve the provision of athletic facilities or equipment), or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, no substantial part of the activities of which is carrying on propaganda, or otherwise attempting to influencing legislation, and which does not participate in, or intervene in any political campaign on behalf of any candidate for public office (including the publishing or distributing of statements). 2. Town means the Town of Vail, Colorado. 3. Town Attorney means the attorney or attorneys for the Town. 4. Town Building Inspector means the building inspector for the Town. 5. Town Building Official means any individual who determines the estimate of the cost of materials and supplies to be permanently affixed to or incorporated in any building, dwelling, or other structural or improvement to realty for which a Use Tax is required to be paid pursuant to Section 3.42.030. 6. Town Clerk means the clerk of the Town. 7. Town Council means the Council of the Town. 1 8, Town Manager means the manager of the Town. 9. Construction materials means tangible personal property which when combined with other tangible personal property, loses its identity to become an integral and separable part of the completed structure or project including public and private improvements. Construction materials include, but are not limited to, such things as: asphalt, bricks, builders hardware, caulking materials, cement, concrete, conduits, electric wiring, and connections, fireplace inserts, electrical heating and cooling equipment, flooring, glass, gravel, insulation, lath, lead, lime, lumber, macadam?, millwork, mortar, oil, painting, piping, pipe valves and pipe fittings, plaster, plumbing fixtures, putty, reinforcing mesh, road base, roofing sand, sanitary sewer pipe, sheet metal, site lighting, steel, stone, stucco, tile, trees, shrubs and other landscaping materials, wall board, wall coping, wall paper, weather stripping, wire netting and screen, water mains and meters, and wood preserver. The above materials, when used for forms or other items which do not remain as an integral or inseparable part of the completed structure or projects are not construction materials. 10. County means Eagle County, Colorado. 11. County Clerk and Recorder means the county clerk and recorder for the County. 12. Department of Revenue means the Department of Revenue of the State of Colorado. 13. District Court means the District Court in and for Eagle County, Colorado. 14. Purchased at retail means all sales except wholesale sales. 15. School means an educational institution having a curriculum comparable to grade, grammar, junior high, high school, or college, or any combination thereof, requiring daily attendance and charging a tuition fee. 16. State means the State of Colorado. 17. Tax means the Use Tax due from a consumer. 18. Tax deficiency means any amount of tax that is not paid on or before the due date. 19. Tax payer means any person obligated to pay tax under the terms of this Chapter. 20. Use Tax means the tax paid or required to be paid by the consumer on the sale value of construction materials. 3.42.030 - Property Taxed There is hereby imposed and shall be collected from every person in this Town a Use Tax at the rate of four percent (4%) for the privilege of using or consuming in the Town construction 2 materials purchased at retail. Such Use Tax shall be computed in accordance with the schedules or systems set forth in the rules and regulations prescribed therefore. 3.42.030 A. The use tax imposed pursuant to Section 3.42.010 shall be collected by the Finance Director as provided in this Section and shall be collected in the amount of four percent (4%) of the sale value of the construction materials. For the purposes of this Section, fifty percent (50%) of the estimated general contract cost shall be deemed to be the sale value of such construction material. B. Any person who is required to obtain a building permit by the law of the Town, including underground improvements within the Town, and who shall purchase the necessary lumber, fixtures, materials, or any other supplies needed therefore from any source, either within or without the corporate limits of the Town, shall remit a deposit to the Town prior to the issuance of any building permit. Such deposit is to insure and indemnify the Town for the amount of the Use Tax due within three (3) years from the date of issuance of the Certificate of Occupancy for the project, or the date of the final inspection of the project by the Town, whichever occurs first. The amount of the deposit shall be based upon an estimate of the Use Tax to be payable on the lumber, fixtures, materials, and supplies needed therefore, at the time that the respective building permit is obtained. The estimate of the cost of such lumber, fixtures, materials, and supplies for a particular project structure shall be determined by the Town building official, and this estimate shall be subject to adjustment if the actual cost of such lumber, fixtures, materials, or supplies needed for the project are either less than or greater than such estimate. Upon payment of such deposit to the Finance Director, which is computed on the basis of four percent (4%) of fifty percent (50%) of the estimated general contract cost, the taxpayer shall be issued a receipt identifying the property that is the subject of this deposit and the building permit number. Within three (3) years from the date of the issuance of the Certificate of Occupancy for the project, or the date of the final inspection by the Town of the project, whichever occurs first, if it is determined by the Town that the actual cost of the lumber, fixtures, materials, and supplies needed for the project is greater than the estimate therefore and that the amount of the Use Tax deposit is not sufficient to provide for full payment of the Use Tax, then the additional Use Tax must be received by the Finance Director within thirty (30) days of such determination. If the taxpayer believes that the deposit was in excess of the Use Tax due, he may apply for a refund as set forth in Section 3.42.190 of this Chapter either within sixty (60) days following the date of 3 the issuance of the Certificate of Occupancy for the project or the date of the final inspection by the town of the project, or three (3) years from the date the building permit is issues, whichever occurs first. 3.42.040 -Exemptions The Use Tax imposed pursuant to this Chapter is declared to be supplementary to the Sales Tax imposed by Chapter 3.40 of this Code and shall not apply: A. To the use or consumption by a contractor or subcontractor of construction materials for use in the building, erection, alteration, or repair of structures, highways, roads, streets, and other public works owned and used by: 1. The United States Government, the State, its departments and institutions, and the political subdivisions thereof and their governmental capacities on{y; 2. Charitable organizations in the conduct of their regular charitable functions and activities; or 3. Schools, other than schools held or conducted for private or corporate profit. 6. To the use or consumption by a contractor or subcontractor of construction materials for use in the building, erection, alteration, or repair of employee housing as defined in Chapter of the Municipal Code of the Town of Vail. 3.40.190 -Refunds A refund shall be made, or credit allowed, for the Use Tax so paid under dispute by any user who claims an exemption pursuant to Section 3.40.170 or claims that an amount paid pursuant to Section 3.42.030 was in excess of the Use Tax due. Such refund shall be made by the Finance Director after compliance with the following conditions precedent: A. Applications for refund shall be made either within sixty (60) days following the date of the issuance of the Certificate of Occupancy for the project or the date of the final inspection by the town of the project, or three (3) years from the date the building permit is issues, whichever occurs first, and must be supported by the affidavit of the purchaser accompanied by the original paid invoice or sales receipt and certificate issued by the sellers and shall be made upon such forms as shall be prescribed therefore. B. Upon receipt of an application, the Finance Director shall examine the same with due speed and shall give notice to the applicant by order in writing of his decision thereon. Aggrieved applicants, within twenty (20) days after such decision is mailed to them, may petition the Finance Director for a hearing on the claim in the manner provided in Section 3.40.240 and 4 may either appeal to the District Court in the manner provided in Section 3.40.250 or to the Department of Revenue in the manner provided in Section 3.40.260. The right of any person to a refund under this Chapter 3.40 shall not be assignable, except as provided in Subsection D of this Section, such application for refund must be made by the same person who paid the deposit in accordance with Section 3.40.230(6) of this Chapter. C. The burden of proving that sales, services, and commodities on which tax refunds are claimed are exempt from taxation under this Chapter 3.40 or were not at retail shall be on the person making such claim under such reasonable requirements proof as set forth in the rules and regulations prescribed therefore. No such refund shall be made or credit allowed in an amount greater than the tax paid. D. Such application for refund under Subsection C of this Section shall be made on forms furnished by the Town Finance Department. Upon receipt of such application and proof of the matters contained therein, the Finance Director shall give notice to the applicant by order in writing of his decision thereon. Aggrieved applicants, within twenty (20} days after such decision is mailed to them may petition the Finance Director for a hearing on the claim in the manner provided in Section 3.40.240 and may either appeal to the District Court in the manner provided in Section 3.40.250 or to the Department of Revenue in the manner provided in Section 3.40.260. Any applicant for a refund under the provisions of this Subsection D, or any other person, who makes any false statements in connection with an application for a refund of any taxes is guilty of a violation of this Chapter 3.40 and shall be punished in the manner provided by state law. E. Claims for tax monies paid in error or by mistake shall be made either within sixty (60) days following the date of the issuance of the Certificate of Occupancy for the project or the date of the final inspection by the town of the project, or three (3) years from the date the building permit is issues, whichever occurs first and shall be processed for refund in accordance with the rules and regulations prescribed therefore under Subsection D above, except that the proceeds of any such claim for a refund shall first be applied by the Finance Department to any tax deficiencies or liabilities existing against the claimant before allowance of such claim by the finance department, and further except that if such excess payment of tax monies in any period is discovered as a result of an audit by the Finance Department, and deficiencies are discovered and assessed against the taxpayer as a result of such audit, then such excess monies shall be first applied against any deficiencies outstanding to the date of the assessment but shall not be 5 applied to any future tax liabilities. F. If any person is convicted under the provisions of this Section, such conviction shall be prima facie evidence that all refunds received by such person during the current year were obtained unlawfully, and the Finance Director is empowered to bring appropriate action for recovery of such refunds. A brief summary statement of the above-described penalties shall be printed on each form for a refund. (Ord. 31(1987) & 1.) Enforcement 3.40.200 -Recover of taxes, o~nalty and interest A. 1. If a person neglects or refuses to pay any Use Tax as required by this Chapter 3.42, within five (5) business days after the same are due, then the Finance Director shall make an estimate, based upon such information as may be available, of the amount of taxes due for which the taxpayer is delinquent and shall add thereto a penalty equal to the sum of fifteen dollars ($15.00) for such failure or ten percent (10%) thereof, whichever is greater, and interest on such delinquent taxes at the rate of one percent (1 per month from the time the return was due. If any part of the deficiency is due to fraud with the intent to evade the tax, then there shall be added one hundred percent (100%) of the total amount deficiency and in such case, the whole amount of the tax unpaid, including the additions, shall become due and payable ten (10) days after written notice and demand by the Finance Director, and an additional three percent (3%) per month on said amount shall be added from the date that the return was due until paid. 2. Promptly thereafter, the Finance Director shall give to the delinquent taxpayer written notice of such estimated taxes, penalty, and interest, which notice of assessment shall be sent by first-class mail directed to the last address of such person on file with the finance department. Such estimate shall thereupon become a notice of deficiency. Within twenty (20) days after the notice of deficiency is mailed, the taxpayer may petition the Finance Director for a hearing in the manner provided in Section 3.40.240 and either may appeal to the District Court as provided in Section 3.40.250 or to the Department of Revenue as provided in Section 3.40.260. B. 1. If any taxes, penalty, or interest imposed by this Chapter 3.40 and shown due by assessments duly made as provided in this Section are not paid within five (5) days after the same are due, then the Finance Director shall issue a notice, setting forth the name of the taxpayer, the amount of the tax, penalties and interest, and the date of the accrual thereof and 6 the Town claims a first and prior lien therefore on the real and tangible personal property of the taxpayer except as to preexisting claims or liens of a bona fide mortgagee, pledgee, judgement creditor, or purchaser whose rights have attached prior to the filing of the notice as provided in this Section on property of the taxpayer, other than the goods, stock in trade, and business fixtures of such taxpayer. 2. Said notice shall be on forms furnished by the Finance Department and shall be verified by the Town Manager or by the Finance Director or any duly qualified agent of the Town Manager or the Finance Director, whose duties are the collection of such tax, and may be filed in the office of the County Clerk and Recorder in which the taxpayer owns real or tangible personal property, and the filing of such notice shall create a lien on such property in that County and constitute notice thereof. After said notice has been filed, or concurrently therewith, or at any time when taxes due are unpaid, whether such notice shall have been filed or not, the Finance Director may issue a warrant directed to any duly authorized revenue collector, or the Sheriff of the County commanding him to levy upon, seize, and sell sufficient of the real and personal property of the amount due together with interests, penalties, and costs, as may be provided by law, subject to valid pre-existing claims or liens. C. Such revenue collector or the Sheriff shall forthwith levy upon sufficient of the property of the taxpayer or any property used by such taxpayer in conducting his retail business, and said property so levied upon shall be sold in all respects to with like effect and in the same manner as is prescribed by law with respect to executions against property upon judgment of a court of record, and the remedies of garnishment shall apply. The Sheriff or other revenue collector shall be entitled to such fee in executing such warrants as are allowed by law for similar services. D. Any lien for taxes as shown on the records of the County Clerks and Recorders as provided in this Section, upon payment of all taxes, penalties, and interest covered thereby shall be released by the Finance Director in the same manner as mortgages and judgments are released. E. 1. The Finance Director may also treat any such taxes, penalties, or interest due and unpaid as debt due to the Town from the taxpayer. The return of the taxpayer or the assessment made by the Finance Director, as provided in this Chapter 3.40 shall be prima facie proof of the amount due. 2. To recover such taxes, penalties or interest due, the Finance Director may 7 bring an action in attachment, and a writ of attachment may be issued to the Sheriff. In any such proceedings, no bond shall be required of the Finance Director, nor shall any Sheriff require of the Finance Director an indemnifying bond for executing the writ of attachment or writ of execution upon any judgment entered in such proceedings. The Finance Director may prosecute appeals in such cases without the necessity of providing bond thereof. It is the duty of the Town Attorney, when requested by the Finance Director, to commence action for the recovery of taxes due under this Chapter 3.40, and this remedy shall be in addition to all other existing remedies or remedies provided in this Chapter 3.40. F. In any action affecting the title to real estate or the ownership or rights to possession of personal property, the Town may be made a party defendant for the purpose of obtaining an adjudication or determination of its lien upon the property involved therein. In any such action, service of summons upon the Finance Director or any person of the office of the Finance Director shall be sufficient service and shall be binding upon the Town. G. The Finance Director is authorized to waive, for good cause shown, any penalty and interest assessed as provided in this Chapter 3.40. H. If a taxpayer pays for any tax imposed pursuant to this Chapter 3.40 by check for which there are insufficient funds to cover such check, then the Finance Director may assess a penalty against such taxpayer as follows: 1. Fifteen dollars ($15.00) for the first violation; 2. Thirty dollars ($30.00) for the second violation; and 3. Seventy five dollars ($75.00) for each additional violation. If a penalty of thirty five dollars ($35.00) or more has been assessed against a taxpayer by the Finance Director, then the Finance Director may require such taxpayer to pay aii tax payments, whether due or to be due in the future, by certified funds, cashier's check or cash. The penalty imposed by this Subsection H above is in addition to all other penalties imposed pursuant to this Chapter 3.40. I. If any person, firm, or corporation liable for the payment of any tax covered by this Chapter has repeatedly failed, neglected, or refused to pay the same within the time specified for such payment, and the Town has been required to issue distraint warrants to enforce the collection of any taxes due from such taxpayer, the Finance Director is hereby authorized to assess and collect the amount of such taxes due, together with all interest and penalties provided therefore by law, and also, the following additional penalties for recurring distraint warrants: 8 1. Three (3), four (4), or five (5) consecutive distraint warrants issued: Fifteen percent (15%) of the delinquent taxes, interest and penalties due or the sum of twenty five dollars ($25.00}, whichever is greater; 2. Six (6) or more consecutive distraint warrants: Thirty percent (30%) of the delinquent taxes, interest, and penalties due or the sum of fifty dollars ($50.00}, whichever is greater. (Ord. 33(1988) & 9, Ord. 31(1987) & 1.) 3.40.210 -Tax Lien A. The Use Tax imposed pursuant to Section 3.40.120 shall be a first and prior lien upon the tangible personal property and business fixtures of or used by any retailer under lease, title retaining contract, or other contract arrangement, excepting stock of goods sold or for sale in the other liens or claims of whatsoever kind or nature. B. Whenever the business or property owner of any taxpayer subject to this Chapter 3.40 shall be placed in receivership, bankruptcy, or assignment for the benefit of creditors, or seized under distraint for property taxes, all taxes, penalties, and interest imposed by this Chapter 3.40 and for which said taxpayer is in any way liable under the terms of this Chapter 3.42 shall be a prior and preferred claim against all the property of said taxpayer, except as to pre-existing claims or liens of a bona fide mortgagee, pledgee, judgment creditor, or purchaser whose rights shall have attached prior to the filing of the notice as provided in Section 3.40.200, Subsection C, 2. on the property of the taxpayer, other than the goods, stock in trade, and business fixtures of such taxpayer. No Sheriff, receiver, assignee, or other officer shall sell the property of any person subject to this Chapter 3.40 under process or order of any Court without first ascertaining from the Finance Director the amount of any taxes due and payable under this Chapter 3.40, and if there are any such taxes due, owing, or unpaid, it is the duty of such officer to first pay the amount of said taxes out of the proceeds of said sale before making payment of any monies to any judgment creditor or other claims of whatsoever kind or nature, except the costs of the proceedings and other pre-existing claims or liens as provided in this Section. Ord. 31(1987) & 1.) 3.40.220 -Interest on underpayment. overoavment, nonpayment or extensions of time for payment of tax A. If any amount of Use Tax is not paid on or before the last date prescribed for payment, then interest on such amount at the rate of one percent (1%) per month shall be paid for the period from such last date to the date paid. The last date prescribed for payment shall 9 be determined without regard to any extension of time for payment and shall be determined without regard to any notice and demand for payment issued, by reason of jeopardy, prior to the last date otherwise prescribed for such payment. In the case of a tax in which the last date for payment shall be deemed to be the date that the liability for the tax arises, and in no event shall such date be later than the date that notice and demand for the tax is made by the Finance Director. B. Interest prescribed under this Section and Section 3.40.200, Subsection B shall be paid upon notice and demand and shall be assessed, collected, and paid in the same manner as the tax to which such interest is applicable. C. If any portion of a tax is satisfied by credit of an over-payment, then no interest shall be imposed under this Section on the portion of the tax so satisfied for any period, during which, if the credit has not been made, interest would have been allowed with respect to such overpayment. D. Interest prescribed under this Section and Section 3.40.200, Subsection B on any Use Tax may be assessed and collected at any time during the period within which the tax to which such interest relates may be assessed and collected. (Ord. 31(1987) & 1.) 3.40.230 -Other remedies No provisions of this Chapter 3.40 shall preclude the Town from utilizing any other lawful penalties or other remedies applicable to the collection of Use Taxes. (Ord. 31(1987) & 1.) Hearinas and Anneals 3.40.240 -Hearinas by Finance Director A. An appeal of a notice of assessment issued to a taxpayer for underpayment of tax owed or as a result of an audit shall be submitted in writing to the Finance Director within twenty (20) calendar days from the date of the notice of assessment. Any such appeal shall identify the amount of tax disputed and the basis for the appeal. B. An appeal of a denial of a refund shall be submitted in writing to the Finance Director within twenty (20) calendar days from the date of the denial of the refund and shall identify the amount of the refund requested and the basis for the appeal by the taxpayer. C. An appeal of a decision of the Finance Director in a hearing held pursuant to Sections 3.40.250 and 3.40.260 shall be commenced within thirty (30) days of such decision. 3.40.250 -Review by District Court A. If the petitioner or if an applicant for a refund is aggrieved at the final decision of 10 the Finance Director then he may proceed to have same reviewed by the District Court. The procedure of review shall be in accordance with Rule 106(a)(4) of the Colorado Rules of Civil Procedure. B. Within fifteen (15) days after filing a notice of appeal as provided in this Section, the taxpayer shall file with the District Court a surety bond in twice (2x) the amount of the taxes, and other charges stated in the final decision by the Finance Director that are contested on appeal. The taxpayer may, at his option, satisfy the surety bond requirement by a savings account or deposit in or a certificate of deposit issued by a state or national bank or by a state or federal savings and loan association, in accordance with the provisions of Section 11-35-101(1) of the Colorado Revised Statutes, equal to twice (2x) the amount of the taxes, interest, and other charges stated in the final decision by the Finance Director. The taxpayer may, at his option, deposit the disputed amount with the Finance Director in lieu of posting a surety bond. If such amount is so deposited, no further interest shall accrue on the deficiency contested during the pendency of the action. At the conclusion of the action, after appeal to the Supreme Court or the Court of Appeals of the State or after the time for such appeal has expired, the funds deposited shall be, at the direction of the District Court, either retained by the Finance Director and applied against the deficiency or returned in whole or part to the taxpayer with interest at the rate imposed pursuant to Section 3.40.220. No claim for refund of amounts deposited with the Finance Director need be made by the taxpayer in order for such amounts to be repaid in accordance with the direction of the District Court. C. The District Court shall have original jurisdiction in proceedings to review all questions of law and fact determined by the Finance Director in administering the provisions of this Chapter 3.40 by writ under rule 106(a)(4) of the Colorado Rules of Civil Procedure. Any writ issued pursuant to this Subsection C shall be issued by the Clerk of the District Court upon a verified petition of the taxpayer filed within twenty {20) days after notice of the decision of the Finance Director in any such matter. Such writ shall be served within five (5) days after its issuance and shall be returnable at such time as the District Court may determine, not less than ten (10) days nor more than twenty (20) days after the date of issuance of such writ. The Finance Director shall certify the record of his proceedings to the District Court. D. The decision of the District Court may be reviewed in the Supreme Court of the State upon writ of error by any party thereto. (Ord. 31(1987) & 1.) 11 3.40.260 - Alternate rPUiew by Department of Revenue In lieu of the procedure provided for in Section 3.40.250, the taxpayer may elect a hearing on the Finance Director's final decision on a deficiency notice or claim for refund pursuant to procedure set forth in this Section 3.40.260. A. As used in this Section 3.40.260, "State hearing" means a hearing before the Executive Director of the Department of Revenue or a delegate thereof as provided in Section 29- 2-106.1(3) of the Colorado Revised Statutes. B. When the Finance Director asserts that Use Tax is due in an amount greater than the amount paid by a taxpayer, then the Finance Director shall mail a deficiency notice to the taxpayer by certified mail. The deficiency notice shall state the additional Use Tax is due. The deficiency notice shall contain notification, in clear and conspicuous type, that the taxpayer has the right to elect a State hearing on the deficiency pursuant to Section 29-2-106.1(3) of the Colorado Revised Statutes. The taxpayer shall also have the right to elect a State hearing on the Finance Director's denial of such taxpayer's claim for a refund of Use Tax paid. C. The taxpayer shall request the State hearing within thirty (30} days after the taxpayer's exhaustion of local remedies. The taxpayer shall have no right to such hearing if he has not exhausted local remedies or if he fails to request such hearing within the time period of this Subsection C. For purposes of this Subsection C, "exhaustion of local remedies" means: 1. The taxpayer has timely requested in writing a hearing before the Finance Director, and the Finance Director has held such hearing and issued a final decision thereon. Such hearing shall be informal, and no transcript, rules of evidence or filing of briefs shall be required, but the taxpayer may elect to submit a brief, in which case the Finance Director may submit a brief. The Finance Director shall hold such hearing and issue the final decision thereon within ninety (90) days after the Finance Director's receipt of the taxpayer's written request therefore, except that the Town may extend such period if the delay in holding the hearing or issuing the decision thereon was occasioned by the taxpayer, but, in any such events, the Finance Director shall hold such hearing and issue the decision thereon within one hundred eighty (180) days of the taxpayer's request in writing therefore; or 2. The taxpayer has timely requested in writing a hearing before the Finance Director, and the Finance Director has failed to hold such hearing or has failed to issue a final decision thereon within the time periods prescribed in Subsection C of this Section. D. If a taxpayer has exhausted his local remedies as provided in Subsection C, 1 of 12 this Section, then the taxpayer may request a state hearing on such deficiency notice or claim for refund, and such hearing shall be conducted in the same manner as set forth in Section 29-2- 106.1(3) through {7), inclusive, of the Colorado Revised Statutes. E. If the deficiency notice or claim for refund involves only the Finance Director, then in lieu of requesting a State hearing, the taxpayer may appeal such deficiency or denial of a claim for refund to the District Court as provided in Section 29-2-106.1(8) of the Colorado Revised Statutes, if the taxpayer complies with the procedures set forth in Subsection C of this Section. F. No provision of this Section shall prohibit the taxpayer from pursuing judicial review of a final decision of the Finance Director as otherwise provided in Section 3.40.250. (Ord. 31(1987) & 1.) 3.40.280 -Violation-Penalty Any person convicted of violating any of the provisions of this Chapter shall be punished by a fine, not to exceed five hundred dollars ($500.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. (Ord. 31(1987) & 1.) 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extend only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore 13 repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of June, 1992, and a public hearing shall be held on this Ordinance on the day of , 1992, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Margaret A. Osterfoss, Mayor ATTEST: Martha S. Raecker, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1992. Margaret A. Osterfoss, Mayor ATTEST: Martha S. Raecker, Town Clerk C.'~OR092.15 14 ORDINANCE NO. 17 SERIES 1992 AN ORDINANCE AMENDING TITLE 2 -ADMINISTRATION AND PERSONNEL OF THE MUNICIPAL CODE OF THE TOWN OF VAIL, BY THE ADDITION OF CHAPTER 2.56 CONCERNING DISPOSITION OF UNCLAIMED PROPERTY. WHEREAS, certain property held by or under the control of the Town which is owned by an individual or entity may be claimed by the owners; and WHEREAS, the Town desires to establish an administrative procedure for notification and, where possible, the transfer of unclaimed property to the owner; and WHEREAS, the municipality desires to dispose of unclaimed property after notification has been provided; and WHEREAS, the municipality desires to enact an ordinance providing a local procedure for administration and disposition of unclaimed property. NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado: 1 } Title 2 of the Municipal Code of the Town of Vail is hereby amended by the addition of Chapter 2.56 -Unclaimed Property to read as follows: Section 2.56.010 -Unclaimed Propertv 1. Purpose The purpose of this ordinance is to provide for the administration and disposition of unclaimed property which is in the possession of or under the control of the Town. 2. Definitions For the purposes of this ordinance, the following terms shall be defined as follows: A) The Town means the Town of Vail, Colorado. B} Unclaimed property means any tangible or intangible property, including any income or increment derived therefrom, less any lawful charges that is held by or under the control of the municipality and which has not been claimed by its owner for a period of more than one (1) year after it became payable or distributable. C) Owner means a person or entity, including a corporation, partnership, association, governmental entity other than this municipality, or a duly authorized legal representative or successor in interest of same, which owns unclaimed property held by the municipality. D) Director shall mean the Finance Director of the Town or the designee thereof. 1 3. Procedure for Disposition of Prooertv A) Prior to disposition of any unclaimed property having an estimated value of one hundred dollars ($100.00) or more, the Director shall give written notice by certified mail, return receipt requested, to the fast known address, if any, of any owner of unclaimed property. The last known address of the owner shall be the last address of the owner as shown by the records of the municipal department or any agency holding the property. The notice shall include a description of the property, the amount or estimated value of the property, and, when available the purpose for which the property was deposited or otherwise held. The notice shall state where the owner may make inquiry of or claim the property. The notice shall also state that if the owner fails to provide the Director with a written claim for the return of the property within sixty {60} days of the date of the notice, the property shall become the sole property of the Town and any claim of the owner to such property shall be deemed forfeited. B} Prior to disposition of any unclaimed property having an estimated value of less than one hundred dollars ($100.00) or having no last known address of the owner, the Director shall cause a notice to published in a newspaper of general circulation in the municipality. The notice shall include a description of the property, the owner of the property, the amount or estimated value of the property and, when available, the purpose for which the property was deposited or otherwise held. The notice shall state where the owner may make inquiry of or claim the property. The notice shall also state that if the owner fails to provide the Director with a written claim for the return of the property within sixty (60} days of the date of the publication of the notice, the property shall become the sole property of the Town and any claim of the owner to such property shall be deemed forfeited. C) If the Director receives no written claim within the above sixty (60) day claim period, the property shall become the sole property of the municipality and any claim of the owner to such property shall be deemed forfeited. D) If the Director receives a written claim within sixty (60) days, the Director shat{ evaluate the claim and give written notice to the claimant within ninety (90) days thereof that the claim has been accepted or denied in whole or in part. The Director may investigate the validity of the claim and may request further supporting documentation from the claimant prior to disbursing or refusing to disburse the property. E) In the event that there is more than one claimant for the same property the Director may, in his sole discretion, resolve said claims, or may resolve such claims by depositing the 2 disputed property with the Registry of the Court in an interpleader action. F) In the event that all claims filed are denied, the property shall become the sole property of the Town and any claim of the owner of such property shall be deemed forfeited. G) Any legal action filed challenging a decision of the Director shall be filed pursuant to Rule 106 of the Colorado Rules of Civil Procedure within thirty (30) days of such decision or shall be forever barred. If any legal action is timely filed, the property shall be disbursed by the Director pursuant to the order of the Court having jurisdiction over such claim. H) The Director is authorized to establish and administer procedures for the administration and disposition of unclaimed property consistent with this ordinance including compliance requirements for other municipal officers and employees in the identification and disposition of such property. 4. Exempted Property The following property is hereby exempted from the provisions of this ordinance: A) Property which has a value of less than fifty dollars ($50.00). B) Vehicles subject to impoundment pursuant to Chapter 10.08 of this Code. 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not 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. 6. 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. 7. 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. 8. A11 bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repeated to the extent only of such inconsistency. This repealer shall not be 3 f construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE 1N FULL ON FIRST READING this 2nd day of June, 1992, and a public hearing shall be held on this Ordinance on the day of , 1992, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Margaret A. Ostertoss, Mayor ATTEST: Martha S. Raecker, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1992. Margaret A. Ostertass, Mayor ATTEST: Martha S. Raecker, Town Clerk C:W RD92.17 4 RESOLUTION NO. 10 SERIES 1992 A RESOLUTION OPPOSING A STATEWIDE INITIATIVE TO RAISE THE COLORADO SALES TAX FROM 3% to 4%. WHEREAS, a statewide initiative petition is being circulated which would increase the Colorado sales tax rate from 3% to 4% to raise $320 million in new revenue for elementary and secondary education; and to make massive reforms in the Colorado education system; and WHEREAS, the combined state-local sales tax rate in Colorado is among the highest in the nation; and WHEREAS, increasing the state sales tax rate will be economically harmful to municipalities, counties, and other local governments which rely primarily on local sales tax revenue; and WHEREAS, the tourism industry is very important to Colorado's economy as the second largest industry in the state, and an additional one cent state sales tax will make it more difficult to increase local sales tax for important local government needs and will increase visitor and guest resistance to travel to Colorado to recreate and vacation by increasing the cost of retail purchases, lodging, and food thereby discouraging sales within Colorado and harming the Colorado economy; and WHEREAS, an additional one cent sales tax will particularly cause financial hardship on low and moderate income residents because of its inherent regressive tendencies; and WHEREAS, the proposed tax increase would generate $3.8 million from Eagle County to the State of Colorado, but the Eagle County School District budget would not be increased above its current level; and WHEREAS, state and local sales taxes are not deductible for purposes of computing federal income tax. 1 NOW, THEREFORE, BE IT RESOLVED that the Vail Town Council opposes the statewide initiative to increase the state sales tax rate from 3% to 4% because of the myriad problems and unanswered questions it raises; and BE IT FURTHER RESOLVED that, if, indeed, new state revenues are necessary for education, other avenues of enhanced revenue be explored and considered such as removing most or all the present state sales tax exemptions or increasing the state income tax, or other approaches which avoid the problems raised herein. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this _ day of Margaret A. Osterfoss, Mayor ATTEST: Martha S. Raecker, Town Clerk C:~RESOLU92.70 2 s M E M O R A N D II M TO: Town Council FROM: Martha Raecker, Town Clerk--W~i DATE: 21 May 92 SUBJECT: Appointments to the Local Licensing Authority Terms for Mitzi Thomas and Davey Wilson on the Local Licensing Authority expire this month, and they are both reapplying. Mitzi was first appointed in May of 1990, and Davey in January of 1991. Their attendance records are as follows: Mitzi Thomas: 28 meetings during last term present 24 absent 4 s' Davev Wilson: 19 meetings during last term present 16 absent 3 • ~tC'd. S• 12.92 " M1tZ1 j. Thomas POST OFFICE BOX 222 • VAIL, COLORADO 81858 May 8, 1992 Members of the Town Council Town of Vail Attention; Martha Raecker 75 South Frontage Road Vail, Colorado 81657 Dear Council Members: " _ I would like to be considered to serve a second two-year term on the Board of the Local Licensing Authority. My first two-year term expires at the end of this month. I have enjoyed my association with the Authority and believe that I have carried out the duties in a responsible manner. A wide variety of issues have come before the Authority in the past two years, and I have learned a great deal about the sale and service of liquor in the State of Colorado. It is very interesting, and I would like to continue in my current capacity on the Board. " My qualifications remain essentially the same: I have been a permanent resident of Vail for 13 years, and I hold no financial interest in a Vail bus iness with a liquor license. I have been employed by the Vail Valley Foundation as Director of Membership from November 1988 to present. I also hold a part-time position as Community Counselor for Au Pair in America, a program of the American Institute for Foreign Study. . Thank you for the opportun,i.ty to re-apply for this position. I look forward `to meeting with you at the Town Council Work Session on May 26, 1992. Sincerely yours, Mitzi T mas ~c`d. 5•aa-9a-- y ' - 304 BRIDGE ST.. VAIL, CO 81657 C''HOCOLA~ ~ ~ TELEPHONE: (303) 47G-7623 ?FACTORY? 22 May 1992 To: Va,l Town Cour:cil P,c: LiGUer Board I am interested in being cons~cered for one of the vacant liquor beard positions. I ha~~e lived in Vail for the past 5 years ar.d as a business owner feel that I would like to become mere invcived in our local government. I spent almost 2J years in law enforcement where I had extensive training in alcohol related offenses and acted as direct liaison, between the Cal-fornia Highway Pa~rol and the District Attorney's office for the purposes of filing criminal complaints. I believe that this experience would allow me some insight into dealing with the problems presented to the liCUer beard. I would be happy to provide further information as necessary. Sincerely,.. Don White (lac d. 5•~ q o Sir `>~N~'~ KaN~ CAf~ GREENHOUSE BAR P.O. Sox 1234 Vail, Colorado 81658 303,"476-1818 V t ~ ~ yJ : s~ 5 ~h 1~~~ v ~ Q~.? ~06' ~-(/L~ ft CJ Cc~ ~ % 4 V Cl~ ! I (.R lil~j ( . ~ ~ i c 1 c, ~ r1c V:~ ~ .v..~.2.v~ j~f~j-t.~'1 6T ~ ~'~G ~j ~ %~1 C~ ~ _ T . ~ ~ r / ~ ~p~ !vim ~ ^~~~cL L ~i ~ Y~ Y~J TL~ 1~?f 1C c G`:~ ~~a ~ L Oj~' ^c uJ 5 c vt~' J1x ~ c+ G U t ~,z. 5 ; ~ S ~'..Q ~c~~v,~..~ ,may - f~ ~~"'r~ r / r ~ ' ~ f c~ ~'C%\.a~'l i ~ ..L.c L'k ~ E6'l~- J (rt1 a ~.rrlc't ~L U ' j `cam L ? ~ E1 _ ~ ~ . ,.i--~L y ~~T ~ . IJC.`l~ ~v~Ls~ f r/'i cI (J~j'~-. ~ cU"L t,. ? r ~ / , E ~ - c2 ~ ~ v av t ~ s c ~S ~5 b~.,¢.va ~ ~cit~~c.-~- a'~ ~{~~~rC,~5 ;i~2 ve.~ 9 { /~5 c~i1 - "~'cr~ b'~ a r~~7 L2v r~d1t ~11r1~ ~ ~ ~ r-- t ~ ' i~ G1' 1 G~ ~L ~ a1 V2 ~ 1 ~ a 1~ n.~S ~ ? - (V1 t 5 t/I'ic''~ ~'~S ~ A? c7 ~ "'tiluS L V,z ? t/K v ~ a^ v ~ t,.~ ~ i c'li S chi vl S,Q~ Uc~ ~~.255 ~ L~ tj 2 f~C L u r. ~ mho cr' ~ i ' GREENHOUSE BAR P.O. Box 1234 Vail, Colorado 81658 9 303;'476-1818 ~ ~ ~ ~ i 5 ~J~bcT ~~i~ ~ ~ ~ i g ,F}n~,~r cn ~Jr c c: S I / 6-Y VLI. ~'.R-- r ~'~S'~~~~--c~''~'L2.a~ r c ~yuv ~Jc.vv~2 C*v~ l_G~ i c c2 crv G (L~.S ~ V ~~i~; / t c~c +e T~ w ~ "n..L, -Y .fin j-~ 1` i • ~ WORK SESSION FOLLOW-UP May 29, 1992 Page 1 of 3 TOPIC QUESTIONS FOLLOW-UP SOLUTIONS 1991 05107 SKI AREA ADMISSION TAX LARRY/STEVE: Research remedies to change this to Passed on first reading 5/19192; second reading set for (request: GibsonlLapin) a mandatory TOV tax collection. 612/92. 11119 NEWSPAPER VENDING LARRY/ANDY/MIKE M.: What can be done to make Discussions have begun with vendors. Voluntary MACHINES these uniform and locations less prolific? agreement still being pursued. 1992 01121 EVENING PARKING MIKE ROSE/STEVE B.: Evaluate financial Mike will prepare new analysis of data prior to the STRUCTURE FEES ramifications of eliminating parking structure fees beginning of the budget-setting process in September. (request: Lapin) after 6:00 p.m. each night. Staff to explore other options. 01!21 BEAVER POND KRISTAN: Check with FEMA experts and Interfleuve, Three reports received from Interfleuve, Hydrosphere, REVITALIZATION Hydrosphere, and Wetland Aquatics to see what solution and Wetland Aquatics will be analyzed by Community what might be appropriate to revitalize this pond Development and Todd 0. and then presented to (i.e., dredging or other means). Council at 619192 work session. The beaver are back! Update to follow. 02104 HERITAGE CABLEVISION CAROLINE: Prepare new letter of protest for Mayor's Will do upon return of Merv. FRANCHISE NEGOTIATIONS signature. XC: Newspapers, Dillon, Minturn, etc. (request: Lapin) 02111 HORSEDRAWN CARRIAGE KEN/LARRY: Prepare extension to agreement, Advisory Committee to help draft standards of AGREEMENT including possible provisions for hobbling, dragging operations and other criteria. Draft contract weights, and other options. to be presented to Council at 6/9192 work session. Dave Sloan, Carriage Rides, Inc., is currently not doing business. I I ' WORK SESSION FOLLOW-UP May 29, 1992 Page 2 of 3 TOPIC QUESTIONS FOLLOW-UP SOLUTIONS 02/17 EXTERIOR LIGHTING KRISTAN/ANDY: Draft ordinance. Input received and joint discussions will continue including all interested parties. Initial meetings held with night tour scheduled for 6/16192 evening meeting. 03/10 AFFORDABLE HOUSING KRISTAN/LARRY: Finalize ordinance. Draft Ord. No. 9, Series of 1992, to Council for PROVISIONS ORDINANCE discussion at 619192 work session. 03110 LIONSHEAD SALES TAX FIGURES STEVE B./STEVE T.. Packy Walker, on behalf of the Will investigate. Staff time now being spent on special (request: Osterfoss, Levine, LH Merchants Assn., is requesting an accounting of eventsldaily sales tax reporting program. Staff will Gibson, Steinberg) sales tax taken from a square footage basis, standard attempt to meet these other concerns after completion number (such as Dow Jones) of businesses reporting, to of the special events program. offer a comparative analysis. 03/17 GOAL SHARING SESSION COUNCIL: Carl Neu will be facilitating agoal-sharing Everyone is attending. session to include the Avon Town Council, Eagle County Commissioners, and Vail Town Council. Monday, June 22, 1992, from, 2:00 p.m. to 9:00 p.m., is the newly scheduled date. Please mark your calendars. 04107 REVIEW RETT LARRY: Schedule for Council review. Staff will work with parties-of-interest to further work out revisions and suggestions from 4/21192 work session. Public airing to be called. 04!07 USE TAX ON CONSTRUCTION LARRY: Prepare ordinance for implementation January Scheduled for 6/2/92 evening meeting as an ordinance MATERIALS 1, 1993. for first reading. • WORK SESSION FOLLOW-UP May 29, 1992 Page 3 of 3 TOPIC QUESTIONS FOLLOW-UP SOLUTIONS 04114 CML SUMMER COUNCIL: The annual conference is scheduled for Those signed up are as follows: Tom, Rob, CONFERENCE the week of 6/16-20 in Fort Collins. Peggy, Jim S., and Ron. 04121 ADDITIONAL AMPLIFICATION LEO VASOUEZ: With new work session arrangement, Will do. IN COUNCIL CHAMBERS can we hang ceiling microphones to increase voice coverage? 05/07 CONSOLIDATION OF MARTHA: Contact special districts in our area to offer Martha will draft letters to be sent to the new POLLING PRECINCTS FOR the TOV Municipal Building as an optimal, accessible President of each special district to offer this SPECIAL DISTRICT ELECTIONS polling site for future elections. location. (request: Lapin) 05/19 HOLY CROSS LETTER RON: Draft letter to Dave Sage regarding installation and design of new transformer boxes. 05/27 VTRC WAITING ROOM MIKE ROSE: This room is really disgusting - Council will recall the original request for this (request: Steinberg) needs to be cleaned, painted, and needs new renovation was $90,000, and pared down to $35,000. furniture. What is the schedule for reparations. Currently underway is scrubbing and resealing the in bathrooms, painting, installation of some carpeting on walls that receive "scruff abuse," installation of new seats (light green on teal to match the building trim), installation of mats and carpet strips, and ADA phones that are already in place. Later in the summer/ fall, the elevator will be recarpeted, as well as an enclosed, glassed bus shelter will be installed on the west end. ADA ramps, stairtreads, and additional mats will also be put in at this time. E s ¢.xa '"ah#.eNI-ifs ~ ~ ~ _ Y i r~"t 2 s 7L "-if.cu ip[ t 4K 3 fty ~E"?'~'~ :6~_ ~ ~ Is ~ ~ u' T~ .ate k gip.- _ 'Ir F tR ~ ~ s - . ~1 ~ s ''t~ ' ig~ ~ ~ ~ ~H s.. ~ 3 r ~ n ~t tt~ ~ .5, ~A j, ' ' "3:, ~ s ,t ~ '~"i`` or .t ° ~ ~ 9 r ~ 7 ~ ~ qq thL 1 ~~t'l 3'v is \~gu ~ k~ 9 q _ ~ Vow, ,x"44 ~P *a4i9 ` ? W l!J ILQAi<Y~SZU1,~.,- _ STAMP / . _ . _ ~ _ _~.M-.~ i~'.it ~ C17'~-.' ~t~ti ~ rt _ ~ r, G,rnk.~J . a: 1991 The Prudential Real Estate Affiliates, Inc: hePrutlenhal a ~ are registered service marks of The Prudential Insurance Company of America, Equal Housing OpponuniryQ r \ E ~j ~ ~/~n~ May Printing Form Number 70-2736 Printed in U.S.A. VMVM IInited States ~ Forest White River Holy Cross Ranger District Department of Service Rational P.O. Box 190 Ag1- • ,1 1 , FOTPRr_ M; nturr , r^loradS R161?~ - ~ Reply To: 2720/1950 Date: May 18, 1992 ~ ' SAY ~ ~.199~' l ~l ,t ~ ,x;11 ~ , Rristan Pritz, Town of Vail G}t S~ ~L~ S u h Fronta e Road ~ l` u 7 5 o f g ~ ~ ~1Q,~ P.O. Box 567 Vail, CO 81658 Dear Rristan: ~ A Sc •n Docum nt for four ro osed cellular communication sites on the White opi g e p P River National Forest is eaclosed for your information and comment. ~ 0~ Please submit any comments regarding this proposal as indicated in the document ~ k;~ by June 15, 1992. If you have or need additional information, contact Tim ~j~Jj~"' Grantham at 827-5715. ` ~,~b . Sincerel ~ y~ ,r?D UWILLIAM A. WOOD District Ranger Enclosure TJG [~j~ F8.8200.28(7-82) ~ v ~'A~Y ~ . SLOPING DOCUMENT FOR PR n~.c~D f`F'T T .TTT . ~ R TFT FPUr~*n~ ~''Alr ~+-rn?nr-\ ~ TTr1N CTTF vu. tea. a..a ~~v..u ~vua.~~v~~~~~~~aV~\ I?aaL DESIGNATIONS INTRODUCTION The Federal Communication Commission has licensed two service providers to U S WEST NewVector Group, Inc.) ("NewVectcr") and the Independence Day 1988 Cellular Partnership (a.k.a. "Cellular One") to offer cellular telephone service in Colorado Rural Service Area No. # ("RSA-3"). This service area includes west-central Colorado, and all of the White River National Forest. To fulfill licensing requirements, the two companies have constructed several communication facilities an private lands in the RSA-3, and currently provide service to much of the area, particularly the population centers. NewVector and Cellular One have proposed that the US Forest Service designate five new electronic communication sites on National Forest Service land. The sites Ile between the Loveland Ski Area and the Town of Vail, along the Interstate-70 corridor, and would be designated for cellular telephone use only. These Locations constitute atl the cellular communication sites necessary on National Forest lands between Idaho Springs and Glenwood Canyon for the foreseeable future (3-5 years). The Forest Service has determined an Environmental Assessment of the proposal must be prepared. Under provisions of the National Environmental Policy Act of 1969 (NEPA), the Forest Service, the White River National Forest, is the agency responsible for preparing this EA. Other agencies, including state and county, will also be involved with certain permitting aspects of the project. Four of the proposed sites, fromthe west portal of the Eisenhower Tunnel to the East Vail Truck Ramp, are located in the White River National Forest, and will be considered in this Environmental Assessment. The fifth proposed site, at the East Portal of the Eisenhower Tunnel is located in the Arapaho National Forest, and will be considered in a separate Environmental Assessment. Interested persons, organizations, and agencies are encouraged to assist in the environmental analysis process by providing their cwn information, comments on issues, and alternatives to be addressed in the EA. This scoping document provides an overview of the proposed project and results of preliminary scoping by the Forest Service. It also provides a preliminary determination of the resources likely to be affected by the project and the issues to be addressed in the EA. Written comments may be submitted to the Forest Service at the following addresses by June 15, 1992: 1 . Mr. Barry Sheakley White River National Forest Dillon Ramer District P.O. Box 620 Silverthorne, CO 8098 (303) 468-5400 Mr. Tim Grantham White River National Forest Holy Cross District P.O. Box 190 . Minturn, CO 81645 - (303) 827-5715 BACKGROUND nN THE CELLULAR TELEPHnNF INDUSTRY How a Cellular svstem operates In the past, mobile telephones were only available to those individuals willing to .tolerate the considerable limitations of a system that utilized only 12-20 channels and often had poor voice quality and spotty coverage. These systems operated with one centrally located high-powered transmitter to communicate with all of the mobile units in the service area. This technology did not make large-scale service practical, because each of the system channels could handle only one call at a time. Channels could not be reused because the transmitted signals were strong enough to interfere with one another. The current cellular telephone technology was developed to respond to these problems. This system- consists of many low-powered antennas in a honeycomb pattern of "cells" that invisibly blanket the service area. The cellular system consists of a cellular phone that both transmits and receives radio signals. From the mobile phone, calls are sent to a central computer called the Mobile Telephone Switching Office (MTSO). The MTSO connects the ceIluIar phone transmission with the local telephone company system which completes the call. _ - - . From Cell To MTSO To locat Call Anywhere Telephone Co in the World 2 wT As a caller drives from one cell to another, the call is automatically handed off to another cell by computer. The cells are also overlapped to insure calling success even during the busiest hours and days of the month. The system is engineered to provide excellent ~i~nal strength and clarity. ~1TSO ~tl'SO h?SO ~ -3` 1 All cellular systems are compatible, so when you travel to another city which has cellular service, your cellular telephone still works. As cellular mobile systems expand throughout the nation, many major highway corridors between cities will be covered with additional cells. A major benefit of the proposed Forest Service cell sites will be provide uninterrupted coverage throughout the service area. c~ _ - _ -..i _ - ~ - n I A Cell Site CeII sites are required to transfer (handoft~ the voice conversation from ore cell to the other, allowing the user to maintain the conversation as they are moving through the cellular system. Cell sites generally consist of a single pole or telecommunications tower mounted with whip or directional antennas, and perhaps a microwave dish. A small, unmanned single-story equipment building, generally less than 600 sq. feet in size, house computers and other equipment. Benefits of Cellular Service Cellular telephones were originally considered a luxury, just like ordinary telephone and television. Cellular communication is now a part of daily life, serving nearly everyone in the community either directly or indirectly. Many people still have the perception that cellular telephones are only used by fast-paced business people making deals from the driver's seat. That perception ignores the very important health and safety role that cellular communication already plays in people's lives. 3 Cellular telephones are used in emergency situations by citizens - to report accidents, to make 911 emergency calls and to report drunk drivers. In the last 12 months alone, over thousands of 911 emergency calls using cellular telephones were placed in the Front Range area. Additionally, in some areas, freeway emergency call boxes are cellular telephones, and each averages 360 calls yearly. Any one of these emergency calls could be life-saving. Emergency health and safety service providers -fire and police departments, paramedics, public safety and search and rescue agencies -have discovered that cellular communication helps them to better serve the public. For example, cellular telephones allow ski patrol and emergency medical personnel to immediately access specialists, quickly transmit life-saving information, and otherwise deal with emergency situations. That is one reason that many Colorado ski areas already provide cellular telephone service. SLOPING ALTERNATIVES The four proposed site designations are: at the west portal, Eisenhower Tunnel; the top of "B" Lift, Copper Mountain Ski Area; just east of Shrine Pass; and at the end of the runaway truck ramp off I-70 at East Vail. Other alternatives to be considered in the EA are: Satellite; coaxial cable within the Eisenhower Tunnel; the Peak 10 communication site; and two alternative sites on Vail Pass -the Colorado Highway Department Sand Shed, and the Polk Creek Truck Ramp. In addition, the EA will consider a no action alternative. PRELIMINARY IDEN i triCATION OF ISSUES Brief descriptions of the issues associated with potentially affected resources are provided below. These issues will be expanded and clarified based upon public input provided during the scoping process. Need The EA will examine the present and anticipated needs, demands, and benefits to be derived from cellular and similar telephone systems. Siting . The EA will evaluate the alternatives for siting the proposed facilities on non-federal lands. Vegetation Potential impacts to wetlands and special-concern plants have been identified as an issue that should be addressed in the EA. Wetlands and floodplains, if any, will need to be identified and areas of potential impacts addressed. Potential impacts on special-concern plants (threatened or endangered species) also will be addressed. 4 Wildlife Potential impacts of the project on big game, raptors, and svecial-concern species has been identified as an issue that should be addressed in the EA. Cultural Resources Potential impacts on cultural resources in the area has been identified as an issue that should be addressed in the EA. Cultural resources of the project area should be evaluated to ensure that potential sites on or eligible for the National Register of Historic PIaces are documented and protected. Recreation Potential impacts of the project on public recreational use at Shrine Pass and Copper Mountain have been identified as an issue that should be addressed in the EA. Both summer and winter trail use occurs on Shrine Pass, and downhill skiing occurs at Copper Mountain. Visual Potential visual impacts resulting from development of the proposed sites has been identified as an issue that should be addressed in the EA. Computer simulations, renderings and site inspections will be incorporated to evaluate the visual impacts of the proposal. DECISION TO BE MADE The decision to be made by the Responsible Official (Regional Forester) is whether or not to amend the White River National Forest Land and Resource Management Plan to designate the proposed sites or the alternatives as cellular communications sites. 5 w i i au TOWN OF VAIL 7S South Frontage Road Department of Community Development Vail, Colorado 81657 303-479-2138/479-2139 TO: Ron Phillips eve Barwick FROM: Susan Scanlan SUBJECT: Clean-Up Day tistics DATE: May 21, 1992 Attached you will find the final figures for the Town of Vail .Clean-Up Day held May 16, 1992. These figures are based on the registration lists from the check in on Saturday morning and the few individuals who contacted me Saturday afternoon at the barbecue. I would like to commend Jim Hoza and the Public Works crew, including Jody Doster and his drivers, who did an outstanding job. They insured that volunteers were dispersed to their assigned areas, collected garbage throughout the morning, dir~ributed cokes and garbage bags as well as returning volunteers to Ford Park for the barbecue. They also did an excellent job of redirecting volunteers to areas where they were needed as they finished in their originally assigned areas. Jim and his crew were also a great help setting up and cleaning up after the barbecue. At this point purchase orders are being processed for all except two organizations which will benefit from the event. I am awaiting mailing addresses for the remaining two organizations. I anticipate checks will be on their way by the first part of next week due to the holiday weekend. Letters have been written to accompany each check to explain the source of the funds and the names ref the volunteers who worked for their group. I have sent letters thanking all merchants whose contributions tiiaue the wunderf~al b~becue po~v>> tee. Attached you will find a list of all of the donations which were received from the various businesses for the barbecue. The generosity of the local merchants provided for the entire barbecue. The tremendous turnout of volunteers and the wonderful day combined to produce what I feel was another successful event. We did have some minor problems which will be addressed next year in the planning stages. 4 ll 1992 CLEAN-UP DAY STATISTICS (OFFICIAL) Total weight of trash collected: (1) East Vail: 2.27 tons (2) Ford Park: 1.73 tons (3) West Vail: 1.86 tons 5.86 tons Total number of registered participants: 382 volunteers 18 TOV employees Charity/Non-Profit Group # Volunteers Total Earned BMHS Project Graduation 49 $ 980.00 BMHS Ski Club Boosters 11 220.00 BMHS Sophomore Class 60 1,200.00 BMHS Wrestling Boosters 12 240.00 Boy Scout Troop #229 8 160.00 Boy Scout Troop #231 33 660.00 Channel 23 3 60.00 Colorado Ski Museum 10 200.00 Drug Free Eagle Valley 2 40.00 Ducks Unlimited 2 40.00 Echo Ranch 4 80.00 EVHS Project Graduation 1 ~~0.00 EVHS Ski Team 2 40.00 Girl Scout Troop #176 2 40.00 Girl Scout Troop #297 1 ~ ~ 20.00 Gypsum Teen Center 5 100.00 Humane Society 16 320.00 Jimmie Heuga Center 4 80.00 Ken Harper: Bike USA 3 60.00 LDS Church - Gypsum 8 160.00 The Learning Tree 2 40.00 Lutheran Youth Fellowship 8 160.00 Miami Project - Racing for Research 3 60.00 Minturn Middle School-7th Grade Trip 4 80.00 Mt. Holy Cross Lutheran Church 1f 20.00 The Pony Club 1 20.00 Red Sandstone Elementary 5 100.00 The Resource Center 15 300.00 Skating Club of Vail 2 40.00 Ski Club Vail 3 60.00 Tellurian Group (Kevin MacTavish) 2 40.00 Trees for Vail 4 80.00 Trout Unlimited 1 20.00 We Recycle 4 80.00 Youth Services 1 20.00 Vail Alpine Garden 9 180.00 Vail Ambassador Club 2 40.00 Vail Community Theatre 6 120.00 Vail International Hockey 2 40.00 Vail Junior Hockey 3 60.00 Vail Mountain School 38 760.00 Vail Nature Center 1 20.00 Vail Rugby Club 20 400.00 Vail Velo Club 3 60.00 Vail Women's Soccer 6 120.00 TOTAL 382 $ 7,640.00 EXPENSES FOR BARBECUE & CLEAN-UP: 1. Group Leader Caps 89.28 2. Posterboard for Signs .96 3. Garbage Bags (Aspen Valley Maintenance) 259.00 TOTAL $ 349.24 TOTAL COST OF CLEAN-UP DAY 1992 $ 7,989.24 I DONATIONS FOR CLEAN-UP DAY BARBECUE 1. Vail Food & Deli - Craig Sims 3 cases of soda 2. Village Znn Plaza Liquors - Tom Maw 5 cases of soda 3. Cheese Shop of Vail - Ginny Williams Cole slaw for 100 people 4. Village Market - Bev Schneiter 10 dozen donuts 5. McDonald's - Hugh Schmidt 300 1/4 lb. burger patties & 300 buns . Ketchup & mustard Use of two thermos jugs for ice water 6. Phillips 66 Station - Garrett Smith 2 cases of soda 7. West Vail Liquor Mart - Charles Crowley & Howard Gardner 5 cases of soda 8. Swiss Hot Dog Company - Ernst Larese 40 lbs. of Swiss hot dogs & his time to make them 9. Orrison Distributing - Brock Reade 15 cases of assorted beer 10. Poppyseeds Bakery Cafe - Susan Barham 3 dozen muffins il. Holiday Inn - Warner Bruggemann Baked beans for 150 people 12. Daily Grind Coffee Company - Chris Chantler & Craig Arseneau Two thermos jugs of freshly brewed coffee 6 dozen warm from the oven muffins 13. Marriott Mark Resort - Lynne Laberge 150 assorted cookies & brownies 14. Lionsh~E~:~ T ~c~r - Tim Rob~ains 2 cases of assorted soda 15. Vail Dairy Queen - Denny Johnson . 80 hot dog buns and .plastic spoons 16. East Vail Market - Andrew Ritchie 5 cases of soda ti 17. Wendy's - Julie Mixdorf 100 chicken breast filets, 100 wheat buns, 500 forks Napkins 18. Safeway - Dennis Speer 20 dozen assorted cookies 19. Michel's Bakery - Michel Perrigaud Bread rolls for Ernst's Swiss hot dogs 20. Vail Recreation District - Dennis Jerger Use of two aluminum horse troughs for coaling drinks Copious amounts of ice for cooling soda for trucks 21. Vail Associates - Paul Golden Ice for cooling drinks 22. Shirkie Evans, Tom Provo, Charles Lorch, Michael McGuirk Cowboy beans and all of their time to produce the wonderful barbecue! 23. Laura's Fudge Shop - Danny & Sandi Manning One case of assorted sparkling waters 24. West Vail Conoco - Sonny Caster Two cases of assorted soda 25. Cleaver's Deli - Tom Cleaveland 10 gallons of freshly brewed iced tea 26. The Mug Shop - George Knox Five cases of assorted sodas 27. Innermountain Distributing, Co. - Doyle Radel 7 cases of assorted sparkling waters and fruit drinks 28. Jackalope Cafe & Cantina - Bob Doyle 200 12 oz. beverage cups, 200 coffee cups 80 hot dog buns 29. Vail Amoco Station - George Brodin Propane for Shirkie's grill 30. Pazzo's Pizzeria - Mike O'Meara 500 paper plates 31 u Blanc~'s Pizz<~ ~`campany - Richard Salturelli. 500 paper plates 32. May Palace - Neil Schramm & Henry Woo Sugar, Sweet & Low and creamers 33. Cyrano's - David Dowell Salad for 50 people r - eter Stadler 34. Up the Creek Bar & Grill P 50 lbs. of potato salad 35. Sweet Basil - Kevin Clair Cous-cous salad and oriental chicken salad 36. Hubcap Brewery - Dean Liotta & Patrick Hurley Homemade potato chips RECEIVED MAY Z ~ i~92 x~ : r'~ Vail " . mA~T"~ ~ ~ V ~ ~ ~,e y G ~ Aff L f~J LiFf Ad/h. Tqy Vail Associates, Inc. - r" Creators and Operators of Vail and Beaver Creelr'~ Resorcs May 22, 1992 Vail Town Council 75 S. Frontage Road Vail, CO 81657 Dear Vail Town Council Members: Vail Associates, Inc. presently pays the Town of Vail a ski lift ticket tax equal to 2°s of the annual gross receipts Vail Associates, Inc. receives from the sale of lift tickets. In addition, Vail Associates, Inc. makes a voluntary contribution to the Town of Vail equal to 2% of the gross receipts received by Vail Associates, Inc. from the sale of lift tickets. Historically, the tax and the voluntary contribution were established by Vail Associates, Inc. and. the Town of Vail in order to help with the funding of the Town of Vail transportation system. The Town has also contributed to the funding of the valley-wide transportation system through the taxes collected from sales of ski lift tickets. It is my understanding that the Town intends to pass a ski lift ticket admissions tax which would impose a 4% tax on the sale of lift tickets by any ski company within the Town, and repeal the present 2% tax. This tax will be paid by the purchaser of the lift ticket and collected by the ski company as agent for the Town. Vail Associates, Inc. still wishes to cooperate with the Town in the funding of both the Town transportation system and the valley-wide transportation syaterl, ar~d understands the necessity, given rresent circumst•?..xl.C?S, of the Town's imposition of this tax. Based on our understanding that the monies collected from the proposed ski lift ticket admissions tax will fund the above-described transportation systems, and in the spirit of continued cooperation with the Town, we will have no objection to the passage of the ski area admissions tax by the Vail Town Council. Very/ truly yours , VA ~L ~~~SOCIATES, C. r< Gt?orge llett Chairma of the Board and President Post Office Box 7 • Vail, Colorado 81658 • USA - (.i~~3) 476-5601 KGI.tiVCU ~~HI [ ~ iJ.lL iation 1 ratio Assoc Co 0 f ki Tawns oS M E M O R A N D U M T0: Ron Phillips FROM: Joe Fitzpatrick DATE: May 20, 1992 SUBJECT: Colorado Tourism Board Advisory Council Meeting April 8, 1992 - The first week .of May, 1992 is National Tourism Week and May 6, 1992 is National Tourism Day. Kent 7.immerman is interested in knowing what events each community will. be holding on behalf of National Tourism Week. - The Colorado Tourism Board reported that inquiries were 101,000 for March of 1992 as compared to 82,000 for March of 1991. The year-to-date inquiries from July 1, 1991 through March 30, 1992 are up 27~. - The Colorado Tourism Board national television advertising, which will be a series of 30 second ads running for eight weeks, will begin on April 20. These will run on ESPN, CNN and CNN Headline News. In addition, there will be an in-state marketing campaign in cooperation with Vickers. - Rich Meredith commented that the Colorado Tourism Board is working with the hotel industry on attracting meetings and conventions the desire is not to duplicate any existing efforts, but to enhance what it can. - Meredith also reminded us that the Tourism Board legislation will sunset in 1993. The Tourism Board is seeking reenactment of the law and it also would like to have the sunset clause dropped. Meredith is estimating that by 1996 there will 70$ new members in the House of Representatives. The future objectives of the Colorado Tourism Board will be to work on image, still working with the theme of "Mountains and Much More", and it will also continue to attempt to create leads. In addition, future budgets will have 50~ of the dollars in advertising. - The Tourism Board is continuing with its needs assessment and it currently is having a 70$ response rate to the questionnaire that was sent out. Once the needs assessment is completed, it MEMBER MUNICIPALlTlES Aspen • Avon • Blue River • Breckenridge Crested Butte • Dillon .Durango • Estes Park • Fraser . Frisco .Glenwood Springs • Granby • Grand Junction Grand Lake • Gunnison • Mt Crested Butte • Nederland • Silverthorne • Snowmass Vi//age • Steamboat Springs • Telluride • Vail • Winter Park r A Ron Phillips May 20, 1992 Page 2 will provide us with statistics ,on the perceptions of problems and the potential solutions to those problems. To date there seems to be a strong desire to promote off-peak seasons, increase writer fam tours, increase group travel tours and place ads in the Colorado media. The perception of problems centers around marketing and advertising, community attitudes, infr~~structure and superstructure, and product development. - The results of the research will be used to act as a foundation for the regional -program and guide future decisions on the regions. - The task force will continue to act with the matrix format and obtaining more regional input as to whether or not this is the appropriate approach to marketing efforts within the regions. - TI~,C, the Travel Industry Association of Colorado, is continuing to organize and expand itself. It curr:-~_r.tly has 38 members and their goals seem to be in the area of lobbying. - Attached is a copy of the rules and regulations for the use of state display space in the Colorado Convention Center. This is not the final draft; however, it is very close and the Colorado Tourism Board staff will manage the space. 'J - The next Colorado Tourism Board Advisory Council meeting will be held on June 11, 1992, location and time to be announced. • ~ RECEIVED MAY ~ 1 1~~2 COLORADO DEPARTMENT OF ADMINISTRATION NOTICE OF PUBLIC HEARING ON RULES AND REGULATIONS FOR USE OF THE .STATE DISPLAY SPACE IN THE COLORADO CONVENTION CENTER FRIDAY, APRIL 3, 1992 2:00 P.M. 8TH FLOOR CONFERENCE ROOM PETROLEUM BUILDING 110 16TH STREET DENVER, COLORADO (CORNER OF BROADWAY AND 16TH STREET MALL) CRS 24-83-105(1)(b) requires the Executive Director of the Department of Administration to promulgate rules and regulations for the use of state display space in the Colorado Convention Center to promote Colorado tourism, business, education and agricultural products in the state. For further information or copies of the proposed rules, please contact Victoria Kendrick, 620-4946 f 1 RULES AND REGULATIONS STATE USE OF COLORADO CONVENTION CENTER DISPLAY SPACE 1.0 BASIS, AUTHORITY, AND RESPONSIBILITY 1.1 BASIS AND PURPOSE: To establish rules by which the Colorado convention center display space will be used to promote Colorado tourism, business, education, agriculture and products in the State. 1.2 AUTHORITY: Title 24, Article 83 of the Colorado Revised Statutes directs the Executive Director of the Department of Administration to promulgate rules and regulations for suitable display space in the Colorado Convention Center to be provided by the City and County of Denver. 1.3 RESPONSIBILITY: It is the responsibility of the Executive Director, manager and all users of the display space to ensure compliance with the rules. 2.0 APPLICABILITY AND DEFINITIONS 2.1 APPLICABILITY: Applies to all those requesting use of the display space. 2.2 DEFINITIONS: .O1 AGENCY means institution, department, board, commission, section or unit of state government, including institutions of higher education. .02 COMMERCIAL means any for profit organization w 2 .03 COLORADO PRODUCTS AND BUSINESS means a Colorado company which produces, manufactures, grows, raises or substantially enhances a Colorado product or provides a service associated with Colorado products. .04 DEPARTMENT means the Colorado Department of Administration. .OS DISPLAY SPACE means the area located in Concourse A of the Colorado Convention Center for use by the state of Colorado. .06 EXECUTIVE DIRECTOR means the Director of the Department of Administration ' .07 PRIVATE NON-PROFIT means any organizations-with a 501c3 status or registered as a non-profit 'in the State of Colorado. .08 PRODUCT means a product manufactured in Colorado .04 TIME-SHARE means the method by which the display space will be used by organizations and regions to promote Colorado tourism, education, business, agriculture and products. 3.0 MANAGEMENT OF DISPLAY SPACE 3.1 GRADUATED FEE SCHEDULE - A fee schedule will be developed by the Executive Director of the Department. The fees may be charged to private non-profit or commercial entities only and will not exceed those necessary to manage and purchase equipment for the display space. State agencies, counties and municipalities shall not be subject T 3 r to fees. Fees will be based on ability to pay . 3.2 CONTRACT MANAGEMENT - The management of the space may be contracted out to any public or private entity. A display space manager will be assigned by the Department or by the contracting. :entity. 4.0 SCHEDULING DISPLAY SPACE 4.1 PERMANENT DISPLAY -Any permanent display will be created, built and maintained with donations from public or private entities, loans from the state treasury, or other gifts, grants or loans. The department will, establish a mechanism to provide opportunity for Colorado organizations promoting Colorado tourism, education, businesses, agriculture and products to use a portion of the display space created for such displays. 4.2 TIME SHARE PROMOTIONS: Displays which are not permanent may be used to promote geographic regions, economic sectors, enterprise zones, or other ad hoc or officially designated regions (entities?) of the State. The regional displays could include tourism, education, manufactured products, business and agriculture. 4.3 SCHEDULING: Use of the space for time share promotions will be determined each calendar year by the following priorities: First preference will be given to statewide exhibits organized by the Department of Agriculture, Colorado Tourism Soard, Colorado Commission nn Higher Education and Department of Education and the Office of Business Development. Second priority will be given to . ~ ~ - ' r ' 4 organizations which form a cooperative group based on suggestions in section 4.2. Third priority will~be given to exhibits representing individual y organizations. ~..w w 5.0 RESPONSIBILITY OF EXHIBITOR: 5.1 A deposit of $500.00 will accompany each application to use the display space. The deposit will be returned in full when the exhibitor has met all requirements of the agreement or if the exhibitor is not selected that year. Selection will be made on a first come/first serve basis based on the priorities listed in 4.3. 5.2 Displays may be set up and dismantled only when the convention\conference is not in session. The times considered appropriate will be determined by the convention manager, convention center representatives and the display space manager. S.3 The exhibitor i5 solely responsible for set up, dismantling, staffing, equipment, supplies, upkeep of display and promotional materials. 5.4 The exhibitor will keep the area clean and neat and in a professional appearance. S.5 Promotional materials and displays must be reviewed by the display space manager before use. 5.6 The exhibitors will abide by the rules and regulations of the Colorado Convention Center. 6.0 RESPONSIBILITY OF STATE: 6.7. A designated display space manager will receive r 5 requests for scheduling time share promotions, provide convention center schedules when requested, and act as liaison with Colorado Convention Center staff. 6.2 Develop and raise funds for a permanent display which benefits all of the state. 6.3 Keep interested parties informed regarding Convention Center activities. CC : GyttuecL INSTITUTE OF INTERNATIONAL EDUCATION 700 BROADWAY, SUITE 112, DENVER, COLORADO 80203 ROCKY MOUNTAIN REGION May 26, 1992 Ms. Pam Brandemeyer Town of Vaii 75 S. Frontage Road West Vail, Colorado 81651 Dear Ms. Brandemeyer, I want to thank you for the courtesies you extended to the eight Bulgarian Mayors who visited Vail on March 21. Kathryn Benvsh ane of our volunteers had contacted you about their visit. She told me that you gave gift packets to these Mayors and made them feel welcome. They were in the United States as guests of our government and I'm sure your greetings made them feel special. Sincerely, ~r~~~~ Polly W. Cox Administrator International Visitor Pro~~a... PWC/mr Encl. IIE 1919-1989: 70 Years of Leadership in International Educational Exchange TELEPHONE: (303) 837-0788 ¦ FAX: (303) 837-1409 ¦ EMAIL: DIALCOM 141TCN942 \F~, i - ~ =~92 MAY 1992 ~~`L' Y~ AMERICAN PLANNING ASSOCIATION Greenways: Examining the Possibilities The Natllral Greenways can be local, regional, or statewide. They can consist of a single parse] or a whole system of landholdings Connection creatins an elaborate chain of open. space. Abandoned railroads, utility riehts-of-~~•ay, river banks, and ridgelines by Linda Lamb are common sites for ~~reemcays because they are often publicly oN~ned and unsuitable for development. Charles According to the 1987_ Report of the President's Commission Little, author of Greenn•a~~s for.9nrerica (Johns Hopkins on Americans Outdoors, 80 percent of the U.S. population University Press 1990). notes that other lands suitable for will live in metropolitan areas by the ye.:r X000. Gi~~en tha[ greenways incline stream ~•a]]eys. property along canals, national parks will be out of reach for r.;an~• Americans. the landscaped bike paths, and open spaces linking nature report recommended that a network of linear parks, or preserves, cultural futures. and historic sites. greenways, be created across the country. Fire }ears later, Little, hoa~e~•er. sa}~s there are five basic types of interest in developing greenways remains a priority in greenways: urban rig er oreen~uays; ecological corridors; hundreds of communities that are also orking to contain scenic dri~~es snd historic routes; path and trail greenways; sprawl, reduce automobile dependence, and better define and cotnprehensi~~e greem~ ay systems, which include a community character. mix of greenway types. Greenways are ideal for walkins, jogging, biking, Urban Ri~~er Green~~~a}•s. Usually created as part of a commuting, and enjoying nature, but their benefits extend redevelopment program alons neglected city waterfronts, beyond recreation. Because they are free from de~~elopment, urban river sreen~~ a~~s return water•a~ays to public use and they help to control the ~ stimulate the local economy. . natural processes of siltation, ~ In doing so, they also spur flooding, and erosion, ~ ~ hotel, retail; and housing resulting in improved - ~ _ ~ ~ development. Des Moines, drainage and water quality. "R 1 ~ San Antonio, Baltimore, Some greenways are ~ ! Portland, New Orleans, and established solely for ~ Boston all have major wildlife habitat protection, _ _ waterfront greenway and may have little or no - systems. public access. Though they ~ An editorial in the may represent lost ~ October 1991 issue of development potential, Landscape Architecture studies are now finding that ~ ~ notes that urban river greenways may add value to = `may _ _ greenways' foremost 1` adjoining properties. s ~ - significance lies "in the great Despite the hurdles NV z~'~~` social value achieved when involved in creating ~ _ greenways successfully greenways (see the story - ~ connect disparate sectors of on page 2), they are widely ~ ` _ ~ cities, helping to integrate popular. They are not, • f ~ their populations." however. a new phenom- ~ ~ Ecological Corridors. enon. The Illinois Prairie _ _ These greenways are usually Path neaz Chicago, dedi- o ` - located along rivers and cared in 1965, became one of streams to provide for the nation's first "rails-to-trails" conversions. In 1971, 23 of Wildlife migration. nature study opportunities, and hiking:. the original 30 miles were designated a national trail by the They frequently protect endangered species-the Big Sur U.S. Department of the Interior. The path is now more than coast of California contains a habitat corridor for the 55 miles long and expanding. San Francisco's Bay Ride peregrine falcon as part of a lard=er coastal greenway system. Trail offers 400 miles of ridgeline vistas connectins the Bay Ecological corridors also aid drainage and flood control. Area's parks and open space. It winds through nine counties Scenic Drives and Historic Routes. Scenic byways are and is accessible to over six million citizens transportation corridors of aesthetic, cultural, or historic value. They protect, among other things, outstanding views. Linda Lamb, a former APA research associate, is a greenway coordinator for unusual ~~eolo,ic formations. and dramatic urban scenes. OPenlands Projecr in Chicago. ~ - Their boundaries are often determined by mapping the walkers, runners, and even horseback riders, close to home. "viewshed"-everything that can been seen from a specific Abandoned rail corridors are ideal for urban trails because viewpoint along the road. of their gentle grades and easy access. The Rails-to-Trails Since not all lands adjacent to scenic byways are publicly Conservancy, a national nonprofit organization, has helped in owned, regulations such as overlay zones and extra-wide the conversion of over 4,900 miles of abandoned rail beds for rights-of--way are necessary to control development. trail use. Architectural and site design guidelines and sign and Comprehensive Greenway Systems. Frequently, several vehicular access controls can be imposed on property within types of greenways merge to form an extensive system. A set distances of the roadways, or sometimes within the entire prime example is the system in and around Chicago-one of viewshed. Private land trusts, groups which provide the country's most comprehensive greenway systems, stewazdship for private land donated through conservation according to Pat Noonan, president of the Conservation Fund easements, are particularly valuable in dealing with property and past president of the Nature Conservancy. Volunteers owners along scenic corridors. from nine different counties have worked with various levels One such corridor is the George Washington Memorial of government-including officials and employees from Pazkway in metropolitan Washington, D.C., which provides forest preserves, park districts, planning departments, and views of the Potomac River while protecting the shoreline private associations. The network has over 350 miles of and scenic and historic features along its route. The 32-mile greenways, including the Prairie Path-a 55-mile nail that corridor is maintained by the National Park Service. and crosses through three counties and more than 35 contains trails and parks that are used by more than 10 municipalities-several river corridors, heron and monarch million people each year. It is linked with the Mount Vernon butterfly habitats, and the Illinois & Michigan Canal natural Memorial Highway. On both roads, rights-of-way were kept heritage corridor. wide to preserve wooded landscapes and other scenic vistas. The drive to expand the Chicago-area greenway system is Path and Trail Greenw•ays. Recreational paths and trails being led by Openlands Project. One of the oldest urban generally cover great distances along rivers, canals, railroad conservation organizations in the nation, Openlands Project rights-of-way, and other public properties. In metropolitan has been working to increase the amount and quality of areas, they serve hikers, bikers, photographers, joggers, public land available for recreation and aesthetic appreciation Planning a Recreational Trail The benefits of a completed greenway are many, but there the right-of--way donated, or an easement placed on the are also rewards in the process leading to its creation. A case property. study of the Stowe Recreational Path in Stowe, Vermont Raise money. Funds for the Stowe project came from (Small Tox~it, November-December 1989), describes how federal revenue sharing, U.S. Land and Water Conservation "the planning process can pull together and unite the entire funds, and private donations. Local fundraisins included community because people of all ages, professions, athletic selling pieces of the path (52 per inch, $IS per foot, and $45 abilities, and income levels can effectively participate and per yard). Parties and presentations also brought in money. make the project their own." Ann Rusk, the coordinator of Get the permits. Depending on location, permits may the Stowe project and the author of the case study, lists have to come from federal, state, and local governments. twelve essential steps in a trail planning process. Due to complicated application processes and inevitable Choose the location and name. Outline on a map the delays, the coordinator needs to identify and apply for places people want to go-schools, neighborhoods, shopping necessary permits as early as possible. districts, parks. Take suggestions from property owners to Construct the trail. Depending on funds, this can be make corrections on routes that will not work in order to done by volunteers or paid crews. The Stowe path chose a arrive at the most acceptable location for a trail. Agree on paved surface to make it more accessible to more people- s name for the trail to use in promotional information. including the elderly and those with wheelchairs, roller Find afull-time coordinator or form a committee. skates, and strollers. Nonpaved surfaces are generally limited Assign the duties of keeping maps, soliciting suggestions, to mountain bikers. hikers, and naturalists. investigating fundins, and handling publicity. A person may Site signs, benches, and garbage cans. All man-made be a volunteer, a paid city staff member, or someone paid by objects on the trail should be as inobtrusive as possible. a local nonprofit organization. This means using uniform designs and materials for signs. Generate publicity. Promoting the greenway-through benches, and trash receptacles. newspapers, radio, television, workshops, and flyers-will Provide for maintenance. The local parks department develop support among property owners and citizens. Rusk can be put in charge of mowing or repairing the trail believes publicity is 75 percent of the project because surfaces. Signs should encourage trail users not to litter. without it, necessary approvals, land donations, funding, Get insurance. A rider attached to a municipality's and volunteer support will not materialize. existing insurance policy is usually all that insurance Solicit volunteers. This can be accomplished during the companies require to cover liability for trail accidents. publicity process. It should be emphasized that the planning Say "Thank You:' Acknowledging the hard work of process is open to all ideas and that all contributions are volunteers and donors after the project is complete is appreciated. essential. It is a nice thing to do, and will ensure that the Acquire the land. Public land is ideal for a greenway, public will maintain a vested interest in the trail and support but the reality is that most land will have to be purchased, future efforts to expand it. M.M. 2 in northeastern Illinois since 1963. In the fall of 1990, access to an estimated 23,000 acres of new lands and cost Openlands unveiled the "21st Century Open Space Plan," a some $135 million. The plan even includes linking the vision to preserve open space for metropolitan Chicago over Prairie Path with trails and greenways in Wisconsin. the next l00 years. Designed to revive "a sense of place" in As in the past, Openlands Project will use private and the sprawling metropolitan area and to spur overdue regional public money and tools such as deed restrictions on private land planning, the plan calls for creating a massive green land, easements, and other zoning regulations to expand the infrastructure that will link parks, forest preserves, wetlands, system. The various links will range in width from 50 feet to farms, gardens, towns, and neighborhoods. It will require several thousand yards. A New Era for~Bike Planning Accompanying the surge of interest in greenways is a similar New construction standards, ]and development wave encourasing bicycling as an alternative to cars and in regulations, and planning and design criteria are also being bicycle planning. Bicycle advocates received a huge boost developed to make Denver more "Bicycle-Friendly." from the 1991 surface transportation law. The legislation Information about the bike plan and promoting bicycling in directs states and metropolitan areas to plan for bicycling and general is being disseminated through brochures, outreach walking as a vital part of the nation's transportation system programs, workshops, and public service announcements in and makes funds available for implementation. water bills and on television. But bicycle planning is not new. According to Andy Madison's 1991 bicycle master plan recommends that Clarke of the Bicycle Federation of America, "between 1970 bikes be accommodated in all future roadway construction. and 1990, almost every city in the country did a bike plan. The emphasis of the plan is on recognizing the importance of Unfortunately, 90 to 95 percent of those plans were never the bicycle as an alternative mode of transportation in the implemented." Only the most progressive bicycling region. In that regard, the city has a head start: 10 percent of communities-Madison, Wisconsin; Eugene, Oregon; Davis, all commuter trips in Madison are made by bike, while the California; and Boulder, Colorado, to name afew- have put national average is one percent. What this means in terms of their plans to work. facility development is devoting planning and funding to Many of the bike plans in existence draw from the upgrading existing transportation routes rather than building American Association of State Highway and Transportation separate bicycle routes. Off-roadway bike paths will only be Officials Guide for the De?~elopment of Bic~•cle Fac!lities, resorted to when safety concerns or constraints to which was updated in 1991. The guide outlines items needed accommodating bicycles on roadways are present. to develop a bicycle plan, including an inventory of existing This last point addresses one of the biggest questions conditions, an analysis of necessary improvements, factors communities that are planning for bikes have to answer: affecting the selection of new facilities, and design. What types of bicycle facilities are most appropriate? According to James Mackay, Denver's bicycle and Recreational bicyclists, joggers, and the like understandably pedestrian coordinator, "there are a lot of `real world' prefer bike paths that are constructed separate from the situations that the AASHTO standards do not address." roadway. Seasoned riders, and those that use their bikes for These include how to alert cyclists to dangerous railroad commuting, prefer that planning and funding be devoted to crossings, design problems at the intersections of off-street upgrading roadways. Given Madison's exemplary number of bike trails and streets and commercial drives, bikeway bicycle commuters, the choice to upgrade existing roads is signage and lighting, and how to detour bicyclists around clear. To help other communties with this quandary, the road construction. Bicycle Federation of America, on behalf of the Federal Mackay is currently working with the Colorado Highway Administration, is currently producing a manual to Department of Transportation on a new set of bikeway help planners and engineers decide which facilities are best. standards that will far exceed the AASHTO standards, A significant portion of the funding for bicycle facilities particularly in the areas mentioned. When completed later in the new transportation law is found under the special this year, the state guide will be used by all Colorado category of "transportation enhancement activities:' The municipalities that are devising bike plans. Many of the more rules regarding what constitutes an "enhancement," and bicycle-oriented states-such as Minnesota, Wisconsin, New therefore what is eligible for funding, will be made clear by Jersey, and California-already have state bike plans and the U.S. Department of Transportation within the next month standards for use by municipalities. or two. State departments of transportation and metropolitan Denver's new bicycle master plan will be made final in planning organizations will be charged with identifying. September. The plan's six goals are based on the four E's- planning, and programming funds for enhancements. Education, Engineering, Encouragement, and Enforcement. Although the rules are not final, the Bicycle Federation of The Denver plan is one of the first of its kind to reflect the America says competition for enhancement funds is going to Clean Air Act Amendments of 1990, which mandate be fierce and therefore recommends that planners and bicycle employers with- more than 100 employees in cities that do not advocates do three things immediately: Find out who will be meet air quality standards-of which Denver is included-to doing the programming for enhancements in your state and reduce the number of car trips generated by those employees metropolitan area; submit a list of suggested enhancements by 15 percent. One of the bike plan's goals is to "utilize that can be undertaken to improve the bicycling and walking bicycles as a component of trip reduction program initiatives environment; and draw up a five-year wish list of and in achieving air quality standards." enhancements. M.M. 3 Finding Funds and Acquiring Land Funding for greenway projects is a major challenge, with Resources land acquisition expenses usually the biggest obstacle. Estimating acquisition costs is not as simple as totalling American Greenways, 1800 N. Kent St., Arlington, property values. The land for every greenway and trail VA 22209. 703-525-6300. project comes from a combination of fee-simple purchases, Bicycle Federation of America, 1818 R St., N.W., public utility easements, private donations, and conservation Washington, DC 20009. 202-332-6986. easements. Design Manual for Creating Green>tia~•s, by The Land acquisition in 1981 for the first 2.7-mile phase Conservation Fund. Due in 1993 from Island Press, of the Stowe, Vermont, Recreational Path (see story on 1718 Connecticut Ave., N.W., Washington, DC 20009; page 2) meant obtaining conservation easements on 27 202-232-5129. different private parcels owned by 60 individuals. Under "Economic Impacts of Protecting Rivers, Trails, and such an easement, property owners are prohibited from Greenway Corridors," 1990 Edition. Available from the developing the land in exchange for a federal income tax Rivers, Trails, and Conservation Assistance program, reduction. Construction of the eight-foot-wide paved path National Park Service, P.O. Box 37127, Washington, cost 5300,000. This funding came from federal revenue DC 20013; 202-343-3780. sharing, U.S. Land and Water Conservation funds, and . Federal Transit Administration (formerly the Urban through local fundraisers. The 2.6-mile second phase of the Mass Transportation Administration), Administrator for Stowe path was started in 1986 and completed in 1989. Safety and Bicycles, 202-366-2896. The 5380,000 needed for the second leg came from similar Greenx•a}•s forAmerica, by Charles E. Little, 1990. sources as in the first phase, although then trail promoters Published by the Johns Hopkins University Press, were successful in getting $120,000 in tax monies from Baltimore, MD 21211; 410-338-6900; $22.95. the town. Guide for Development of New Facilities for Safe Wisconsin assesses user fees to pay for its greenway Bike Trat•el, Report Code GBF-2, Available from the system. A pass is required to use state nails. Prices average American Association of State Highway and Transportation S 1 per day or SS per year. Iowa's Cedar Valley Nature Trail Officials, 444 N. Capitol St., N.1V., Washington, DC 20001; uses a similar system which brings in approximately S25,000 202-624-5800; 511. each year, according to an Illinois Department of Openlands Project, 220 S. State St., Suite 1880, Chicago, Conservation study. IL 60604.312-427-4256. A checklist of components to a funding package might Rails-to-Trails Conservancy, 1400 16th St., N.W., include: private contributions from nonprofit and corporate Washington, DC 20036; 202-659-8520. giving programs, federal funding from a regional or state "Stowe, Vermont, Builds aGreenway: AMulti-Purpose administration, state funding in the form of grants or Path Rejuvenates Community Life," by Ann Lusk. matching grants, donated technical assistance, cost-sharing Small Tox•!r, pp. 14-21, November-December 1989. grants, and gifts-in-kind. U.S. Department of Transportation, Bicycle and Pedestrian Program. 400 Seventh St., S.W., Washington, Economic Benefits of Greenwavs DC 20590; 202-366-2761. Tlie Rivers, Trails, and Conservation Assistance program (RTCA) of the National Park Service reports that "these corridors also have the potential to create jobs, enhance Call for Information property values, expand local business. attract new or • relocating businesses, increase local tax revenues, decrease APA's Planning Advisory Service is planning a report local government expenditures, and promote a local on codes for industrial performance standards. We need community." A 1978 study of the Boulder Greenbelt in copies of industrial performance codes, information on Colorado found that for each linear foot a house was from how they are implemented and monitored, and news of the greenway, housing values declined by $4.20. That study technological and regulatory innovations in this field. also showed that the cumulative assessed property value of Please send material to Jim Schwab, Senior Research a certain neighborhood near the greenway was $5.4 million Associate, APA, 1313 E. 60th St., Chicago, IL 60637. higher than it was before the trail was in place. This generated an additional $500,000 in property tax revenue for •n1e pASAfemo is a monthly publication for subscribers to the Planning Advisory the city. A 1987 study by the Seattle Engineering Department service, a subscription research service of the American Planning Association: showed that 60 percent of homeowners adjacent to the city's tsrae! stollman, Executive Director. Frank S. So, Deputy Executive Director. Burke-Gilman Trail believe the nail improved their property The PAS Memo is produced by APA staff in Chicago. Research and writing by Research Department staff: Marya Morris, Editor. Prcauction by Publications values. ~ Departmeat staff: Paul Thomas. Assistant Editor, Dennis McClendon. Design The RTCA study-"The Economic Benefits of Rivers, Director. ' Trails, and Greenway Corridors"-is available to help local Copyright ®1992 by American Planning Association, 1313 E. 60th St.. Chicago, IL planners park and recreation administrators. citizen activists 60637. The American Planning Association has hcadquaners offices at 1776 ' ' Massachusetts Ave.. N.W.. Washington, DC 20036. and nonprofit groups understand and communicate the All righu reserved.. No part of this publication may be reproduced or utilized in any potential economic impacts of a proposed or existing form or by any means, electronic or mechanical, including photocopying, recording, greenway project. But the RTCA warns that economic or by any informs[ion storage and retrieval system, without permission in writing benefits should not overshadow the greenways' from the American Planning Association. environmental and recreational benefllS. Printed on recycled paper. including SO-70Wc recycled fiber and IOAc postconsumer waste. ' 11 1~ TOWN OF VAIL ~ 75 South Frontage Road rn _ 0,,~~ce of the Town Manager. Yail; Colorado 81657 303-479-2105 /FAX 303-479-2157 May 27, 1992 Dr. Robert E. Baker, President The Falls at Vail Homeowner's Association 3950 N. Frontage Rd., #22 Vail, CO 81657 Dear Bob: Thank you for visiting with me this morning concerning some issues you have brought up in the past at Town Council meetings. I understand your desire to have these answers in writing so I am pleased to send this letter. We have done substantial research both with the Town's files and, with the Eagie County records concerning the access road for The Falls at Vail. This research indicates the road is a private road located on Colorado Department of Transportation right-of--way for I-70. This information has been confirmed by the Department of Transportation Right-of--Way Engineer for this District, Chuck Dunn. He works out of the Grand Junction office and can be reached at 248-7232. The Pitkin Creek trail and trailhead are controlled by the U.S. Forest Service and the local District Ranger is Bill Wood who can be reached at 827-5715. You inquired if your homeowner's association could contract with the Town for street- sweeping purposes this summer. Ken Hughey, Acting Public Works Director, will be in contact with you concerning that possibility. You also had a number of questions about the landscaping project at the East Vail interchange which I believe Todd Oppenheimer has addressed with you. Todd has also been advised of the fact that your homeowner's association would like to connect into our drip irrigation system to water some new trees you have planted in the area. Todd will be in touch with you sometime next week to discuss that possibility. Landscaping at the East Vail interchange will be completed this summer. When Todd Oppenheimer visits with you next week, he will be able to fill you in on the projected schedule of design completion and associated bids. The bench you mentioned which has been placed near the public telephone and which you referred to as "a joke," has been placed there temporarily until the permanent improvements can be installed. Mr. Bob Baker, President The Falls at Vail Homeowner's Association May 27, 1992 Page 2 We continue to talk with the Colorado Department of Transportation regarding the problem of jake brakes on Vail Pass anal in the Town of Vail .and the issue of speed limits. As we explained to you at the last Council meeting you attended, the Highway Department lowered the speed limit for trucks on Vail Pass to 45 mph a few years ago, but simultaneously increased the speed limit within Vail from 55 to 65 mph. We are asking the CDOT to look at the speed limit issue again, specifically with consideration of lowering it within Vail. We have been doing some research with the Utah Department of Transportation on their approach to controlling the use of jake brakes in order to share that information with the Colorado Department of Transportation. We appreciate your questions and will continue to y..,, ~ ode you information as it becomes available. Sincerely Rondall V. Phillips Town Manager xc: Vail Town Council Ken Hughey Kristan Pritz Todd Oppenheimer Greg Hall Pete Burnett Bill Wood RECEIVED M~~ ~ 9 1992 Dr. Robert E. Baker 3950 No. Frontage Rd. E. # 22 Vail, CO, 81657 May 2?, 1992 Mr./ Ron Phillips Town Manager 75 So Frontage Rd W. Vai1,C0, 81657 Dear Ron, When last I took the opportunity to bring up what I consider serious problems at the town council meeting, I was disappointed to learn that none of my problems were to be faced by, answered by, or helped by the town council, rather, they were passing the buck to the town manager, or advising me to work with the Highway Department. Can't you ,just imagine how far I would get with the Highway Department without positive help from the Town of Vail? As I mentioned Wednesday morning, I would very much appreciate learning some of the exact legal implications concerning the town of Vail and the Falls at Vail Townhome Association. Please tell me who owns the road known as North Frontage Road East from the intersection at the 180 Exit. Please tell me what obligation in any way the town of Vail has concerning this road. If the Town of Vail has no obligation or authority over this road, would you please tell me the name and address of the political entity that does, and the name and address of the person in charge. Please tell me if the town of Vail has any responsibility or control over the berm adjacent to the North Frontage Rd E and the parking lot for the Pitkin Creek Trail and Trailhead located between the berm and the Interstate, and if not, who is able to exercise control of this area. If the Town of Vail has no responsibility or control aver these areas, I would appreciate learning the name and address of the political entity that does, and the name and address of the person in charge. I appreciate your interest and help, and will look for your letter with the above information. I do want it in writing, as I said when we last talked, because I plan to pursue this in depth, and it will require definite details. Thanks. Most Sincerel , Robert E. Baker, DDS • ~ ~ RECEIVED JUN Z 1992 Dr. Robert E. Baker 3950 No. Frontage Rd. E. # 22 Vail, CO, 8165? May 31, 1992 Mr. Rondall V. Phillips, Town Manager 75 So Frontage Rd Vai 1, CO, 81657 Dear Ron, Thanks for you letter which crossed mine in mailing. Your letter answered the primary concerns of the Frontage Road leading to our complex. Thanks for that information. It does not address the berm between the Interstate and the Frontage Road, nor the parking lot that is parallel to the berm. I hope these questions will also be answered. I had requested that our management company get the street swept. It has been done, by whom I do not know at this writing. Mr Hughey doesn't need to contact me about this. That is what we have a management company for. I do hope that the town is going to repair the damage done to the roadway part of the intersection. It was left last fall after the landscaping, with holes, ponds, and mud. Also, the protective rocks we had placed to keep trucks and cars from destroying the plantings are gone. Get ready for damaged plants and trees. I will be contacting Mr Dunn and Mr Wood along with some people of my own choosing. Thanks much for your help thus far as well down the road, so to speak. I hope to hear from you as soon about the berm and parking lot. I am looking forward to talking with Mr Oppenheimer. I will be out of town from June 6 to 30, hopefully learning about Utah' s ordinances. Sincerely, ~~v Robert E. Baker, DDS ~ l rte-' $ ~ ~ - -~ci,° Way ~ d ,~0,,~ G~¢a~ / ~ ~ 4 DISTRIBUTION LIST - PUBLIC WORKS PRIORITY LIST BRIAN ANDERSON ERNST GLATZLE TOWN COUNCIL STEVE BARWICK GARY MURRAIN DEBBIE ROELAND MIKE BRAKE GREG HALL MIKE ROSE DICK DURAN SUSIE HERVERT TODD SCHOLL CAROLINE FISHER JIM HOZA DAN STANEK ANNIE FOX LEO VASQUEZ JOHN GALLEGOS JOE KOCHERA PAM BRANDMEYER KRISTIN PRITZ CHARLIE OVEREND LARRY ESKWITH PETE BURNETT TODD OPPENHEIMER FILE JODY DOSTER MANUEL MEDINA MEMORANDUM T0: RON PHILLIPS, TOWN MANAGER FROM: KEN HUGHEY, INTERIM DIRECTOR, PUBLIC WORKS/TRANSPORTATION DATE: JUNE 1, 1992 RE: PUBLIC WORKS PRIORITY LIST FOR THE WEEK OF JUNE 1 - JUNE 5, 1992 STREETS AND ROADS A. 1. Replace cribwall on bikepath near Printery. w 2. Continue with retrofit of southside Pedestrian Overpass. 3. Hire (2) cracksealers for summer season. 4. Restripe crosswalks at little 4-Way and 1st Bank. 5. Repair catch basin at West Lionshead Circle by the VA gate. 6. Prepare list for patching. 7. Retrieve fallen trees from Gore Creek for high water season. 8. Retrieve fallen tree from Snowberry. 9. Repair shoulders on various bike paths: a. Red Sandstone - b. Bridge Road 10. Check culverts for high water throughout Town. 11. Enlarge southside bus turn-a-round at golfcourse. PARKING STRUCTURE/TRANSPORTATION A. 1. Confirm with PCL, west exhaust fan status. 2. Repair Library smoke sensors. 3. Install locks at Municipal Anex. » 4. Resolve paver problems. 5. Paint structure as needed. 6. Work with contractor on installation of gutter for Vail Information Booth. 7. Accept bids for ventilation system for booths. 8. Replace door closures at E. Vail Fire Dept. 9.. Schedule carpet installation at Terminal Building. 10. Repair flagstone - 2nd floor west main stairs. a PUBLIC WORKS PRIORITY LIST Page 2 CARPENTERS A. 1. Repair bridge at Pirate Ship Park. 2. Repair playground equipment. 3. Construct restroom building for Stephens Park. 4. Straighten and oil street signs. 5. Remove large swing at Sandstone Park. ELECTRICIANS A. 1. Continue remodel at Old Post Office. 2. Repair computer room lighting system. 3. Repair motor system at Bighorn Park. 4. Repair lights at the following locations: a. Manor Vail Covered Bridge walkpath b. LHTRC exits c. VTRC exits 5. Perform monthly light check. 6. Construct new microphone system for Council Chambers at Municipal Building. 7. Add new lights at Manor Vail Covered Bridge. 8. Run conduit for irrigation system both north and south at VTRC. 9. Repair conduit at N. Frontage Rd. and Red Sandstone Rd. PARKS DEPARTMENT A, 1. Finalize Stephen's Park easements with. Larry Eskwith. 2. Work with planners on Ski Museum site. 3. Complete landscape plan for Com. Dev. remodel. 4. Schedule setting new utility pole at Stephens Park. 5. Check out seed at rockfall berm. 6. After irrigation repair, replace bricks at west end LH Mall. 7. Order turf fertilizer for late June application. 8. Schedule delivery of trees for "Trees for Vail Project". 9. Accept bids for Lionshead Mall Improvement project 6/2. 10. Schedule East Vail tree replacement with Sabells. 11. Complete project management contract for Lionshead with Alpine International. KH/dr