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HomeMy WebLinkAbout1998-12-01 Support Documentation Town Council Evening Session . VAIL TOWN COUNCIL EVENING MEETING ' TUESDAY, DECEMBER 1, 1998 7:00 P.M. IN TOV COUNCIL CHAMBERS : AGENDA . NOTE: Times of items are approximate, subject to change, and cannot be relied upon to - determine at what time Council will consider an item. 1 CITIZEN PARTICIPATION. (5 mins.) 2. Ordinance No. 18, Series of 1998, first reading of an Ordinance Making Steve Thompson Supplemental Appropriations from the Town of Vail Booth Creek Bond Fund and Health Insurance Fund, of the 1998 Budget and the Financial Plan for the Town of Vail, Colorado; and Authorizing the Expenditures of Said Appropriations as Set Forth Herein; and Setting Forth Details in Regard Thereto. (10 mins.) ACTION REQUESTED OF COUNCIL: Approve, modify or deny Ordinance No. 18, Series of 1998 on first reading. BACKGROUND RATIONALE: The Council has passed two supplemental appropriations for 1998. This will be the final one. No additional appropriation is needed in the General Fund since the full budgeted transfer for the Red Sandstone housing project won't be used. That project won't be complete at 12/31/98. STAFF RECOMMENDATION: Approve Ordinance No. 18, Series of . " 1998 on first reading. 3. Ordinance No. 19, Series of 1998, first reading, an ordinance Repealing Gary Goodell and Reenacting Title 10, Chapter 1; Adopting by Reference the 1997 Edition of the Uniform Building Code, the 1997 Edition of the Code for the Abatement of Dangerous Buildings, the 1996 Edition of the National Electric Code; the 1995 Edition of the Model Energy Code; the 1998 Edition of the International Mechanical Code, the 1997 Edition of the Uniform Mechanical Code, the 1994 Edition of the Uniform Plumbing Code, the 1997 Edition of the International Plumbing Code; And, with Regard to the Above-described Codes, Adopting Certain Appendices, Setting Forth Certain Amendments Thereto, and Setting Forth Details in Regard Thereto. (20 mins.) ACTION REQUESTED OF COUNCIL: Approve/deny/modify Ordinance No. 19, Series of 1998, on first reading. BACKGROUND RATIONALE: Please see the memorandum prepared by • the Community Development Department staff dated December 1, 1998 to the Vail Town Council and the proposed ordinance. The codes proposed for adoption were also presented to Council at a work session held on the afternoon of November 10, 1998. STAFF RECOMMENDATION: Approve Ordinance No. 19, Series of 1998 on first reading. « c « 4• Ordinance No. 21, Series of 1998, first reading of an ordinance Tom Moorhead Authorizing the Conveyance of Fee Title to the Following Land Owned by Russell Forrest the Town of Vail: A parcel of land situated in Government Lot 3, Section 7, Township 5 South, Range 80 West of the Sixth Principal Meridian, County of Eagle, State of Colorado, being more particularly described as follows: Beginning at the B.L.M. brass cap at Corner 2 of said Lot 3; ; - Thence along the North line of said Lot 3, North 89°41'00" East, a - - distance of 206.61 feet; Thence South 59°12'40" East, a distance of 26.74 feet; Thence North 88°58'20" West, a distance of 229.76 feet to the West line of said Lot 3; Thence North 00°00'00" East, a distance of 8.42 feet to the Point of Beginning. Containing 2394 sq. ft., more or less. (See Exhibit A attached) To Paul E. Raether and Wendy S. Raether. (30 mins.) ACTION REQUESTED OF COUNCIL: Approve, modify or deny Ordinance No. 21, Series of 1998 on first reading. BACKGROUND RATIONALE: In the early 1990s the Vail Town Council directed staff to begin working with the Forest Service to address private and public encroachments on Forest System lands and to identify ways to discourage private exchanges around the Town of Vail. In 1994 the community completed the Vail Comprehensive Open Space Plan which identified properties that should be considered for land exchange. In June, 1995, the Town of Vail and the United States Forest Service signed an agreement to initiate a land exchange. The land exchange involved three parcels of Town of Vail land totaling 76 acres and 11 parcels of _ - United States Forest Service land totaling 62.2 acres. This exchange essentially removed Forest Service lands from within the Town of Vail by acquiring or de-annexing U.S. Forest lands. The de-annexation action has not yet occurred. The transfer of the property from the Town of Vail to the Forest Service was approved in Ordinance No. 5, Series of 1997. The Town has been negotiating in good faith with the residents on Rockledge Road to convey land where residents now have encroachments and to create a buffer between Rockledge and the forest on what was United States Forest Service lands and now are Town of Vail owned lands. The value of this land has been calculated on a per square foot basis. There is the potential to see a return of $1.4 million on the sale of properties on Rockledge Road. This conveyance to Paul and Wendy Raether is the first in what is anticipated to be a series of transfers which will address numerous private encroachments on what was Forest System lands. This conveyance will also create an open space buffer between the Town of Vail and the Forest Service land to the south of Rockledge Road. It is hoped that it will reduce the likelihood of private exchanges of Forest Service lands in and around the Town of , Vail. The Town continues to maintain a strong posture in regard to opposing private land exchanges that could allow additional development around the Town of Vail. STAFF RECOMMENDATION: Approve Ordinance No. 21, Series of 1998 on first reading. 5• Ordinance No. 22, Series of 1998, first reading of an Ordinance Tom Moorhead Authorizing the Conveyance of an Easement by and Between the Town Russell Forrest of Vail and the Eagle River Water and Sanitation District over and Across Lot 9, Sec. 18, T. 5 S., R. 79 W., 6th P.M., the Easement Being 20 Feet in Width, Lying Equally on Each Side of the Centertine. (15 mins.) ACTION REQUESTED OF COUNCIL: Approve, modify or deny Ordinance No. 22, Series of 1998 on first reading. , BACKGROUND RATIONALE: (See above description concerning land acquired in the Land Ownership Adjustment Agreement.) The Eagle River Water and Sanitation District has placed a new water tank upon the Town of Vail Land and will be paying a fair market price of $30,000 to the Town of Vail for the easements. The water tank was necessary to continue to provide adequate fire protection in the Town of Vail. STAFF RECOMMENDATION: Approve Ordinance No. 22, Series of - 1998 on first reading. - 6• Ordinance No. 20, Series of 1998, An Emergency Ordinance amending Tom Moorhead Section 9.34.030 of the Municipal Code of the Town of Vail to provide that it shall be unlawful for any person under the age of 21 years to have in his possession any fermented malt beverage and setting forth details in regard thereto. (15 mins.) ACTION REQUESTED OF COUNCIL: Approve, modify or deny Ordinance No. 20, Series of 1998 as an emergency reading. BACKGROUND RATIONALE: The Town of Vail Code presently limits possession of alcoholic beverages by minors to those circumstances in which such beverages are "in any container of any kind, whether opened or unopened." Under this provisions as it presently reads, the Town of Vail has been confronted with difficulty in prosecuting persons underage who are in an intoxicated condition and based upon the evidence, do possess such beverages though they have already been consumed. Therefore, this amendment would allow such prosecutions to proceed upon evidence that the underage person is in an intoxicated condition and therefore possessing alcoholic beverage. It is being requested that this be considered as an emergency so that it will be effective prior to the holiday season when the Town of Vail experiences an increase in the occurrence of underage drinking. STAFF RECOMMENDATION: Approve Ordinance No. 20, Series of 1998 as an emergency. 7. Ordinance No. 17, Series of 1998, second reading of an Ordinance re: Steve Thompson Annual Appropriation Ordinance: Adopting a Budget and Financial Plan and Making Appropriations to Pay the Costs, Expenses, and Liabilities of the Town of Vail, Colorado, for its Fiscal Year January 1, 1999, Through December 31, 1999, and Providing for the Levy Assessment and Collection of Town Ad Valorem Property Taxes Due for the 1998 Tax Year and Payable in the 1999 Fiscal Year. (10 mins.) ACTION REQUESTED OF COUNCIL: Approve, modify or deny Ordinance No. 17, Series of 1998 on second reading. BACKGROUND RATIONALE: The Council has passed two supplemental appropriations for 1998. This will be the final one. No additional _ appropriation is needed in the General Fund since the full budgeted transfer for the Red Sandstone housing project won't be used. That project won't be complete at 12/31/98. STAFF RECOMMENDATION: Approve Ordinance No. 17, Series of 1998 on second reading. 8. Resolution No. 15, Series of 1998, a Resolution Amending the Deferred Steve Thompson Compensation Plan and Establishing a Trust. (5 mins.) ACTION REQUESTED OF COUNCIL: Approve, modify or deny Resolution No. 15, Series of 1998. BACKGROUND RATIONALE: This Resolution amends the Town of Vail Deferred Compensation Plan and creates a trust to hold the plan assets as required by the Internal Revenue Code. STAFF RECOMMENDATION: Approve Resolution No. 15, Series of 1998 on first reading. 9. Lionshead Redevelopment Master Plan. (1 hr., 30 mins.) Dominic Mauriello - Russell Forrest ACTION REQUESTED OF COUNCIL: Provide final comments or Ethan Moore changes to the Lionshead Redevelopment Master Plan in preparation for the final adoption on Dec. 15, 1998. BACKGROUND RATIONALE: The Master Plan Team is requesting any final changes or comments on the plan so that the plan can be adopted at the December 15, 1998 Town Council meeting. 10. Town Manager's Report. (10 mins.) 11. Adjournment - 10:30 p.m. NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) I I I I I I I THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 12/8/98, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE FOLLOWING VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 12/15/98, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, 12/15/98, BEGINNING AT 7:00 P.M. IN TOV COUNCIL CHAMBERS. 1111111 Sign language interpretation available upon request with 24 hour notification. Please call 479-2332 voice or 479-2356 TDD for information. CWGENDA.TC PUBLIC NOTICE VAIL TOWN COUNCIL MEETING SCHEDULE (as of 11 /25/98) DECEMBER, 1998 In an attempt to respond to scheduled meeting demands, as well as adhere to mandated ordinance and charter requirements, Council meetings are scheduled at the following times:. EVENING MEETINGS • Evening meetings will continue to be held on the first and third Tuesday evenings of each month, starting at 7:00 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. to begin at 2:00 P.M. (unless otherwise noted) on everv Tuesday afternoon. THE DECEMBER 199 VAIL TOWN COUNCIL EETING SCHEDIlLE IS AS FOLLOWS: Tuesday, December 1 1998 Work session............ 2:00 P.M. (starting time determined by length of agenda) Evening meeting......... 07:00 P.M. Tuesday, December 8, 1998 Work session............ 2:00 P.M. (starting time determined by length of agenda) Tuesday, December 15., 1998 Work session......,..... 2:00 P.M. (starting time determined by length of agenda) Evening meeting......... 07:00 P.M. Tuesday, December 22, 1998 No work session............ (Due to Holidays) Tuesday, Sepember 29, 1998 No work session............ (5th Tuesday of the month) TOWN OF VAIL Pamela A. Brandmeyer Assistant Town Manager Sign language interpretation available upon request with 24 hour notification. Please call 479-2332 voice or 479-2356 TDD for information. COUNCIL FOLLOW-UP TOPIC QUESTIONS FOLLOW-UP SOLUTIONS 1998 . 7128198 MUD LOT (LOT A ADJACENT TO RUSSELL/ANNIENRD/TOM/PAM: Kaye Ferry expressed Hospital staff is currently working on a parking plan, recognizing the THE HOSPITAL AND LIBRARY) concern that the lot reserved for VRD, library personnel, and hospital has a parking shortage. Staff is also working with VRD as they Council hospital staff is underutilized, after experiencing difficulties proceed through the public process with their expansion proposal (re: herself in dropping off an injured person and securing a future loading/delivery, parking needs, etc.). Work prior to Councii parking space. It was suggested original agreements wlthe presentation continues. hospital be revisited re: the parking lot west of the hospital, as well as the parking structure to the east. Staff will return to Council w/their findings. 11/24198 Lionsridge Loop Bus Service Suzanne; I checked with the bus department and the Lionsridge Loop service is not being offered right now due to the bus driver shortage. They're hoping it can be added on Dec. 7. November 26, 1998, Page 1 ORDINANCE NO. 18 SERIES OF 1998 AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS FROM THE TOWN OF VATL BOOTH CREEK BOND FUND AND HEALTH INSURANCE FUND, OF THE 1998 BUDGET AND THE FINANCIAL PLAN FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE EXPENDITURES OF. SAID APPROPRIATIONS AS SET FORTH :HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. ' WHEREAS, contingencies have arisen during the fiscal year 1998 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 20, Series of 1997, adopting the 1998 Budget and Financial Plan far the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, _ in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the faregoing, the Town Council finds that it should make certain supplemental appropriations as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COL- ORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following supplemental appropriations for the 1998 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the expenditure of said appropriations as follows: • FUND AMOUNT Booth Creek Bond Fund $ 200 Health Insurance Fund 70.000 70,200 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, ection, 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 repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this lst day of December, 1998, and a public hearing shall be held on this Ordinance on the 15th day of December, 1998, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Robert E. Ford, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 15th day of December, 1998. Ludwig Kurz, Mayor Pro-Tem ATTEST: Lorelei Donaldson, Town Clerk C\orinance98.18 ~ ~ 11 /24/98 TOWN OF VAIL SCHEDULE OF REQUIRED 1998 SUPPLEMENTAL APPROPRIATIONS ADDITIONAL FUND (REDUCED) REVENUES EXPLANATION DEPARTMENT 1998 INCREASE EXPENDITURE OR PROJECT EXPENDITURES DECREASE GENERAL FUND: Revenues: , Road & Bridge Revenue (79,298) Revised estimate - County dropped mill levy Rocky Mtn RPC 25,000 New grant increase COPS police grant 15,073 Federal portion of $28,440 spent HIDTA - Methamphetimine 25,000 Grant received Fall '98 Out of District Fire Response 11,000 VRI reimbursement for Vail Mountain fire Library Grants-Revenue 10,000 Annual estimate Lionshead Master Plan 67,225 Payment from VA Expenditures: Fiduciary insurance policy 15,000 Increased limits needed for new bonds Recruiting 37,500 Increased costs Cost of Goods Sold 2,300 Vending machine costs - funded by revenue Police Officer's Ski Race 1,315 Increase for revenue received HIDTA - Methamphetimine 25,000 Grant received Fall '98 Records software 28,440 53% is funded by Federal grant Fire Overtime 10,000 Vail MountainNRl fire Rocky Mtn RPC 25,000 New grant increase Library 1,100 Telephone Install & Repair - new telephones Library 4,000 Reupholstering of chairs Library Grants - Expense 10,000 Annual estimate Contracted Special Events (5,000) Previous supplemental done twice Transfer to Housing (154,655) Allocated from prior appropriation SUBTOTAL: GENERAL FUND 0 74,000 BOOTH CREEK BOND FUND: Expenditures: Fiscal Agent Fees 200 Booth Creek fees higher than expected SUBTOTAL: BOOTH CREEK BOND FUND 200 0 HEALTH INSURANCE FUND: Expenditures: Heaith Insurance Claims 70,000 Estimated actual costs 70,000 0 TOTAL ALL FUNDS 70,200 74,000 SUPPSUM.WK4 1 MEMORANDUM TO: Vail Town Council FROM: Community Development Department ~4'ision Gary Goodell, Chief Building Official Building Safety & Inspection Services DATE: December 1, 1998 SUBJECT: 1st Reading, Ordinance No. 98- ;Li, Amendments to Title 10, Chapter 1, the Town of Vail Building Code The Town is currently operating under various editions of model building, electrical, mechanical and plumbing codes ranging from 1991 through 1996. The 1997 and 1998 editions of some of the codes are now available, and are proposed for adoption, with the updated codes proposed to be effective for all building permit applications received after January 1, 1999. The proposed code updates were also discussed before Council during an afternoon work session on November 10, 1998. Amendments. The general intent is to adopt the latest and most progressive codes available and to minimize local amendments to the published codes. In some cases, existing amendments are proposed to be deleted because the model codes as published now contain provisions identical or nearly identical to the previous amendments. In other cases, local amendments are still necessary due to Colorado statutes or unique local conditions. Building Permit and Plan Review Fees. It is proposed that the fee schedule that is currently in place be retained, at least for the time being. Building permit and plan review fee revenues have been adequate to fund all of the direct and indirect costs associated with building codes administration. In addition, staff would like to explore the concept of revising our current multiple permit system, in which a new building is issued four or more separate permits for building, electrical, mechanical and plumbing work; to a single permit system. This would eliminate a great deal of work on the part of the public and the staff and would greatly reduce the amount of paperwork, data entry and filing that is required under the current multiple permit system. It is felt that moving to a single permit system would help to increase our efficiency and the level of service that we provide to the public and would also decrease the inconvenience to our customers. It will be necessary to study recent building permit and plan review fee revenues and develop a new fee schedule that will continue to provide equivalent revenues under the single permit system. This will take some time, but we will return to Council for review of a revised fee schedule if and when we feel that we have a workable single permit system and accompanying fee schedule. 1997 Uniform Building Code (UBC). The 1997 edition is the most current, and the last, UBC. It will be replaced by the International Building Code, or IBC, a collaborative effort by the 3 model code groups in the U.S., in the year 2000. The most significant changes from our current 1991 edition are: f:\everyone\council\nemos\98\ordcode 1 TOWNO *VAIL 1) Common code format. The UBC and the other 2 model building codes in the U.S. changed to a common chapter heading format in 1994. 2) Revised format for exiting provisions. Chapter 10, the means of egress chapter, changed in its entirety for 1997. The 3-part means of egress format, however, has appeared in other U.S. model codes since as far back as 1956. 3) Selected appendices. Previously, all appendix chapters were adopted. It is proposed to delete the adoption of appendix chapters that don't apply here, such as those governing airport control towers and correctional facilities. 4) Updated energy code. By adopting Appendix Chapter 13, the 1995 edition of the Model Energy Code (MEC) will replace the current adoption of the 1989 edition. Otherwise, there are no major additional requirements in the 1997 UBC. In many cases, existing requirements that either have been interpreted too strictly or were found to be unnecessary have been clarified or modified to allow more flexibility. 1997 Uniform Fire Code (UFC). The 1997 UFC, which is primarily adopted and enforced by the fire department, is a good companion document to the 1997 UBC, and generally provides for good cooperation between the building safety division and the fire department. As with the UBC, the current edition makes some of the town's previous local amendments unnecessary. A number of the requirements from previous editions have also been refined for more reasonable application. 19981nternational Mechanical Code (IMC). The IMC is one of the new "I-codes" developed by the 3 U.S. model code organizations operating as the International Code Council, or "ICC." As the country and the world seems to grow smaller, and members of the building design and construction community frequently work all over the country and around the world, it makes sense to use a common code for the entire United States. The 1998 IMC is proposed to be adopted as the principal mechanical code for the town. The only amendments proposed for the IMC are to delete the IMC provisions that permit the use of unvented gas-fired room heaters. Although these heaters, mostly seen in the form of gas log sets and gas fireplaces, are listed in accordance with a nationally recognized standard, enough questions remain about their ultimate safety, especially at high altitudes, in newer, tighter ' buildings and in multiple-family structures, that staff feels that they should not be permitted at this time. 1997 Uniform Mechanical Code (UMC). In order to ease the transition to the IMC, it is proposed that the 1997 UMC be adopted as an approved alternate to the IMC. At least for the next two (2) years, the UMC may continue to be used as a code that may be more familiar to some members of the construction industry. 1994 Uniform Plumbing Code (UPC). This is the plumbing code that is currently adopted by the Town. It is proposed that we retain this adoption as a way to transition toward a future adoption of the International Plumbing Code. Currently, plumbers in the state are trained and licensed under the UPC. Although there are few real differences between the UPC and the newer International Plumbing Code (IPC), retaining the adoption of the UPC will allow more time for plumbers to become familiar with the IPC. f:\everyone\council\nemos\98\ordcode 2 ~ 1997 International Plumbing Code (IPC). It is proposed that the IPC be adopted as an approved alternate to the UPC. This will begin the transition toward the use of the IPC as a common plumbing code for the entire country. 1997 Code for the Abatement of Dangerous Buildings. There are no changes from the currently adopted 1991 edition. 1996 National Electrical Code. This is the edition of the electrical code that is currently adopted, and no changes are proposed to the current amendments. The 1999 edition of the NEC will not be available until sometime next year. 1995 Model Energy Code. The Town currently utilizes the 1989 edition, which was adopted by adopting Appendix Chapter 53 of the 1991 UBC. Adoption of Appendix Chapter 13 of the 1997 UBC updates the MEC to the 1995 edition, which fairly accurate reflects current construction industry and marketplace practices with respect to energy conservation. RECOMMENDATION: Staff recommends that the Town Council approve and adopt proposed Ordinance , series of 1998, amending and updating the Town's building codes. f:\evetyone\council\tnemos\98\ordcode 3 t / ORDINANCE NO. 19, SERIES OF 1998 AN ORDINANCE REPEALING AND REENACTING TITLE 10, CHAPTER 1; ADOPTING BY REFERENCE THE 1997 EDITION OF THE UNIFORM BUILDING CODE, THE 1997 EDITION OF THE CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, THE 1996 EDITION OF THE NATIONAL ELECTRIC CODE; THE 1995 EDITION OF THE MODEL ENERGY CODE; THE 1998 EDITION _ OF THE INTERNATIONAL MECHANICAL CODE, THE 1997. EDITION OF THE UNIFORM MECHANICAL CODE, THE 1994 EDITION OF THE UNIFORM PLUMBING CODE, THE 1997 EDITION OF THE INTERNATIONAL PLUMBING CODE; AND, WITH REGARD TO THE ABOVE-DESCRIBED CODES, ADOPTING CERTAIN APPENDICES, SETTING FORTH CERTAIN AMENDIVIENTS THERETO, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the 1998 edition of the International Mechanical Code (IMC), the 1997 editions of the Uniform Building Code (UBC), the Uniform Mechanical Code (UMC) and the International Plumbing Code (IPC); the 1996 edition of the National Electric Code (NEC), the 1995 edition of the Model Energy Code (MEC), and the 1994 edition of the Uniform Plumbing Code (UPC) have been published; and WHEREAS, the Town wishes to adopt these codes. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: 1) Article 10, Chapter 15.02 1 of the Municipal Code of the Town of Vail is hereby repealed and reenacted to read as follows: CHAPTER 1 BUILDING CODES SECTION: 10-1-1: Preamble 10-1-2: Codes Adopted By Reference 10-1-3 : Amendments To Uniform Building Code 10-1-4: Amendments To Uniform Fire Code 10-1-5 : Amendments To International Mechanical Code 10-1-5 6: Amendments To National Electrical Code ' 10-1-6 7: Copies of Codes Available 10-1-7 8: Penalties 10-1-1: PREAMBLE: The Charter of the Town of Vail and the statutes of the state of Colorado provide that standard codes may be adopted by reference with amendments; and the Town of Vail wishes to adopt the +994- 1997 editions of the Uniform Building Code, , the Uniform Mechanical Code, the Uniform Fire Code, the Uniform Code for the Abatement of Dangerous Buildings and the International Plumbing Codethe 1998 edition of the International 1 { ? Mechanical Code, tlte TTn111V;f^1111 V1111 - r' ' TT 'FV1111 L1. ni1•i +•16liilg l~ nVli 'V O UlQ11UCi1Q~3a.,„,7...,~7.., aL,e T T~.F r• r a V1 Stmdards.- the 1995 edition of the Model Energy Code, the 1994 edition of the Uniform Plumbing Code, and the 1996 edition of the National Electric Code. 10-1-2: CODES ADOPTED BY REFERENCE: A. Building Code: The 1991 -a:t=-° of *L- Unifolm Building Code, 1997 edition, Volumes 1, 2 _ and 3, and a4l including Appendix Chapters thereto, 3, Division II: 11. 12. Division II: 13. 15. 30. 31, Division II• 33 and 34 Divisions I and II• is hereby adopted by reference. . The Uniform Building Code, +994- 1997 edition ---a 1994 ea, ofe is published hy the International Conference of Building Officials, 5360 Workman Mill Road, Whittier, California 90601-2298. B. Fire Code: The Uniform Fire Code, +994- 1997 edition, Volumes 1 and 2, and all appendix chapters thereto, is hereby adopted by reference. The Uniform Fire Code, +99+ 1997 edition, is published by the International ranfamn.v v. L~~^.. --F D.u'1u.7:ua Fr' 'ui 1s nica ~GTir TIi' r•G nL.•ZiSr va u~ ll vui~.iz ~ci .L n,- -vv ~ir1,~C-GGT3 Assoeifttioti; Fire Code Institute 5360 Workman Mill Road, Whittier, California 90601-2298. C. Mechanical Code: The International Mechanical Code 1998 edition includiniz A- pendix A is herebv adonted bv reference The International Mechanical Code, 199$ edition is 12ublished bv the International Code Council 5203 Leesburg Pike Suite 708 Falls Church Virginia 22041 3401 The Uniform Mechanical Code, +94 1997 edition, and all appendix chapters thereto, is hereby adopted by reference as an accentable alternative to the International Mechanical Code, 1998 edition The Uniform Mechanical Code, +99+ 1997 edition, is published by the International Conference of Building Officials, 5360 Workman Mill Road, Whittier, California 90601-2298 , , Wa4tmf, 9'}'7$9. Ga4ifiarrti D. Plumbing Code: The Uniform Plumbing Code, 1994 edition, Chapters 2-12; Chapter 14; Appendices A-J, and Installation Standards 1-13, 16, 18, 20 and 21; is hereby adopted by reference. The Uniform Plumbing Code, 1994 edition, is published by the International Association of Plumbing and Mechanical Officials, 20001 Walnut Drive South, Walnut, California, 91789-2825. The International Plumbing Code 1997 edition, including Appendices B F is herebv adopted bX reference as an acceptable alternative to the Uniform Plumbing Code 1994 edition The 2 ! International Plumbing Code 1997 edition is published by the International Code Council, 5203 Leesbur Pike. Suite 708 Falls Church Virginia 22041-3401 E. Abatement Of Dangerous Buildings Code: The Uniform Code for the Abatement of Dangerous Buildings, +994- 1997 edition, , is hereby adopted by reference. The Uniform Code for the Abatement of pangerous Buildings, 494 1997 edition, is published by the . . International Conference of Building Officials, 5360 Workman Mill Road, Whittier, California 90601-2298. T' Bttilrli b v a ot _a _els.-rtiif eae ot.._a a, in9rLartion, wtd all appett4ix ehapters t4tereta, . Gottfereme ,.rB..:ta:.,.,_ Gcr.,.:,.i,, c3cn c. .L 'z' t_ , , ltn.:.~:__, n_l:r.._.._• nn6n4~~ iii~~i~:r, , Fr. F. The National Electrical Code, 1996 edition, and all appendix chapters thereto, is hereby adopted by reference. The National Electric Code, 1996 edition, is published by the National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts 02269. 11• • , 1991 , thereto, . , 4 991 , Assoeiatioft, , Galifornia . (Grel. . , . . . ' G. Enerizv Code: The Model Energy Code 1995 edition is herebv adopted bv reference through adontion of Appendix Chapter 13 of the Uniform Building Code 1997 edition as noted above The Model Enersav Code is published by the Council of American Building Officials 5203 Leesburg Pike. Falls Church Virginia 22041 10-1-3: AMENDMENTS TO LTNIFORM BUILDING CODE: The following amendments are hereby made to the Uniform Building Code, 499+ 1997 edition: Chapter + A34, Section -~10(b) A3406.2 of the appendix of the Uniform Building Code, 499+ 1997 edition, is hereby amended to read as follows: 11 0(b) 3406.2 Effective Date. Within eighteen (18) months after notification by a building official of the Town of Vail, the plans for compliance shall be submitted and approved, and within eighteen 3 r (18) months thereafter the work shall be completed or the building shall be vacated until made to conform. Stop , , . , the zotting ar4inanees ofthe T- 'of Vail, , Vail, , Section 384(kr) and (G 107.2 and 107.3 are hereby repealed and reenacted to read as follows: 394Ebj 107.2 Valuation. The valuation for a building permit shall be based on the average cost figures per square foot shown in the building valuation data chart published bimonthly in the Building Standards Magazine of the International Conference of Building OfFicials, a copy of which shall be on file in the Department of Community Development of the Town with the following modifiers, or on the actual cost of construction, whichever is greater. CONSTRUCTION ZONES Modifiers Zone & Title $ Per Sq. Ft. Identification ZONE # 1 1. Matterhorn 1.0 Matterhorn Village, Vail Village West 1 st & 2nd, Donovan Pk., West Vail exit to Coldstream south of freeway. 1. Intermountain 1.0 From West Vail exit west on south side of freeway. 1. West Vail 1.0 Vail Ridge, Vail Das Schone 1 st, 2nd, & 3rd, Vail Heights, Buffer Creek Rd. west on north side of freeway. ZONE #2 2. East Vail 1.2 East of East Vail exit. Includes all Bighorn Subs., Pitkin Creek Meadows, Gore Creek Sub., and Vail Meadows. 2. The Valley 1.2 Lions Ridge 3rd & upper sections of upper sections of Lions Ridge 4th, Casolar, The Valley, Cliffside. 2. Lions Ridge 1.2 Part of Lions Ridge 1st and 2nd East Buffer Cr. Rd. to Vail View. 2. Sandstone 1.2 East of Vail View Dr., ABC School Dr., including Vail Run. 4 ZONE #3 3. Potato Patch 1.7 From Potato Patch Club north. 3. Booth Creek 1.7 Vail Village 1 lth, 12th, & 13th, Vail Mtn. School, Booth Creek area both north & south of freeway. . 3. Golf Course 1.7 Vail Valley 1 st, 3rd & 4th, Vail Village 7th, 8fh, & 9th, Northwoods and Pinos del,Norte. 3. Village Area 1.7 Vail Village lst, 4th, & Sth. East of Vail Road to Gold Park. 3. Glen Lyon 1.7 Glen Lyon Sub. & Cascade Village up S. Frontage Road to V.A. Maint. Shop. 3. Lionshead 1.7 Vail Village 2nd, Vail Lionshead 1 st, 3rd, 4th & part of 2nd. Lionshead parking structure to West Day lot. ZONE #4 4. West Meadow 2.6 Vail Village 3rd & 6th. Part of Vail Beaver Dam Area Lionshead 2nd, TOV Offices to residences adjacent to Vail Mountain. 4. Spraddle Creek 2.6 North of Freeway to new subdivision. 304(0 Construction Fee Scheduie. The construction fee schedule far the Town of Vail shall be maintained in the Building Safety & Inspection Services Division of the Community Development Department. ' A endix Cha ter 12 Division II Section A1208.1 '3501 (a), first paragraph, is hereby amended to read as follows: A1208.1 General. In Group R occupancies, wall and floor-ceiling assemblies separating dwelling units or guest rooms from A-1, A-2, A-2.1, and A-3 from each other and from public space such as interior corridors and service areas shall provide airborne sound insulation for walls and both airborne and impact sound insulation for floor - ceiling assemblies. (Ord. 15(1993) 2, 3, 5: Ord. 25(1991) § 1) 10-14: AMENDMENTS TO UNIFORM FIRE CODE: The following amendments are made to the Uniform Fire Code, +994- 1997 edition: 4nt---- i~lP--1 ~ nftliri.Ilnti~..~~ T..., t ~ a a ty a, ai,e uc[ aa•IIit• rr t• _ i n,>> it + - • ..,.fn~...~ ~ r` ' .a.. ii~.i~.vy cuii~.itu~.u v follows.` 4. TIT.'TTA4744llA7 C7 . , ehimes, 5 ,v,7~.. n a pressttre l i r r .,.1 i3f'ee3sttYy 1 T ~Form Fij'e Ged.. C~t,..,..]._...,. 74 2> ZT I'4 7"> TTl~~'itSCIDI> ~C7'IIC~ ~ 38 1, 194~4 editiett; • , the , , . . . . . 74 4 , , 4. N.F.P.A. 1999, ~ tornat iCLeCCC?m,- . . . . 74 , , . . . . . , Air Gettditioiting and Vetitilation Systeffts; . . . . . , 'A'ffm Air liefttittg and Gonditiotting Systeftt&" . . . . . 13 , Sprinckler > > > . . . . . 14 , Standpipe Systems-, 19. . . . . 96 ~ 11. . . . . , 17,if-e ga~~ Gode; 12. > Seetiett > > motel, apat-ftnent , ' > > elassifi e, 4994 ea:.:__., n e , 7k 2, ~ i I', 'iT2'i '1 n n2 n4 ' Z , shall hftve a fire alffm systetn inste4led in tteeor4anee with 14niform Bttildittg Gode Stmt4ards 1990 editiett, and in aeeordanee with Uttiforrrt Fire Gode Stmdards, . . . . 42, 1999 edition, E. 6 v 1 l~ni~k~l•c~ae*;..== _ = ' m p~. --n station6 L..47 L.. 'f il 7 1 7 r etteh egress, beltift4 tite bar itt driftkittg establisi-Anents, , , eomplyitig , 1JtK11e\A CLJ ~lel {.llV+ 11JL,.a TV!'~T' Nt / 1-ST iTTABT T rnn CMv1~L ~VL' TITTL`f'~Tl111C~ C~TT A T T nT T177l1TT'l1TTT1 T~T TTT A T A("~r7'T T A TTT1 LL 14.17. , Ei' v-~T.T'.-rrrz-7z=E. ttetivatiott ..r.._y tnarma4 o1'at#6 t:,, r. _ 4eteetor. r1,vGFPTZIG1 i~TZT1TrER:N,iTC+~T !l~ F T4TTE ~'~SLL~T.` A TT A77A if C~Tl~ATA7 t~ A S2'1T ~7 7~T'• D1~- 12' ~ ~~~1 TATT TAT ~D TTl1 nl1T~TTlIATC'~ !1P 2Z A ~i1T-S1~7T V ~7'P9TR'OT~~ ~ i"7~ B~4117917tiir i2TZ.~i~Tnrr TT TA T T T77~1L 7~771 r~ 1 11W ? r ~ ALAn*,~ nn~.r~rr~nr n AT~TTT TC'~ TlIT TTTTITT C~l1AC~ v 1LL 11111 11 rrO n r r 9Ni''rrTr n w ~-rr~)r ~r nr n n r nim4~n r n r nr r n r T !l TTTT ' ~~~nr ~zrrr~~r - vr ~ `~-~n~ ornrr ~`d A I~TT T A~TRT A TTl1RT. , BY TISI~ T.Tl7TATT'Tl !1!'~ /"~T Tn AATT 7 /lA TC'~ !lT TT[7[7 mrrAi.r cnn TTT ~.~.vviau.vai.i~? ~~11 11 1..~V1 _ _ _ _ ' ' _ e'Ye-s-7'Cl$3'3ni"~."' n i n 2 n 2.1 n 3 e n n 2 n i a > > > > > > ' 1991 , with an oeettpea-A loa4 of 100 persons or more, sitall have a fire alanit systern itista4led itt aeeordanee with Ut4f~nn Fire Go-de Stanelards 44 1, 14 2, • ~ equiYYeu a _ vv.:+L i_..,.t at,.,.to_,. a4 r..... , . > diseos, ~ , 7 ~ d) n..:la:_~,. iz t..,.,.:zr.~~~ir.,.a n 1 •tt @3'Y~23tiftl8p~ e - i n 2n ~ ~ a~ ~r~ ir > > > T A-..^.-nti-B Z, foti,r atr~~' - V, J11 - ilLL11 - - V~ - - ~l.iUli.Jp4ll ' .:a l. f ,.t,.«m ,.a„ aeeordanee • L V1 V1111erm F-irV VVd.. C4..nd ..d.. 14 1, 14 2, 114~ . 7 , . • ~ 27 0 21, A L A 1 Z A, l7 1J L '1, Vl 11, - J11 1U11 11 L...~. 11C1VL r .4..__ ...4,.. + 17 ' aeeordanee 'tL T T -'l - 1 114 GV\iV UlCLL1LLU1~ 'Q.Z4 ^~~.'14.T. , , bttt below 75 f~et in height, that do riot pro-vide fire df'r51Y'f.YYIen# tirril-a l •tL•.i 29 ~ei vl 594v vi ii .,_.a..W =---l--d---" aeersr ^i?iT TP41•Qt n.»yaa.r-l.. i'yL._ tL:~l...,.a vu ~.FaL,_ 1_.,:1,7:.,.,~L.,.71 L._ C_- -l-'--- - -4l-~ b Yuuiai~~ 1991 7 Seetion 9 StandaPEH$ 1, UnYfe3'm-i ii,.va ot d a , 4_,i--'r4 -2,3-.- 3. "rrni E'~~ established by SeetYf~ .'*~,~rs-vr „ r r rerrriF-ire ^ vv'~~ii9redrirorr. 4 e nrir rn n-rTn~r A. eoftdition3 effeetY-ve 4a`[t,of tzt.-r~i-SV..a:_..n..e, _i r - l' - - » - - ordittaftee, the work shall be eoinpleted and a letter of eertifieation fi-om the alam Mmttfite~er, the stipplier, , ' . , Section -2.-195 103.2.1.2 is hereby amended by replacing the words "police officer" with the words "peace officer" per CRS 18-1-901, 3(1)(III), Peace Officer, Level II, to. 2.195 103.2.1.2 Fire prevention bureau personnel and police. The Chief and members of the fire prevention bureau shall have the powers of a peace officer in performing their duties under this code. 8 a y Section 103.4.1.2 is herebv amended bv replacing the word "condemnation with the word "hazard " to read as follows: Unsafe heatirig or electrical equipment and structural hazards. When the chief deems any The chief is authorized to affix a eandetnnati hazard tag prohibiting the use thereof... Section 105.8 is herebv amended to include the requirement for a permit far the followin onlv•. . a.4. Asbestos removal - ' . c. l. Candles and open flame in assemblv areas c.2. Carnivals and fairs c.7: Compressed gases c.9. Crvogens• d. l ; Drv cleaniniz plants e. 1. Explosives and blasting f.l. Fireworks f.3. Flammable or combustible liquids for• 4. Undermund tank removal 5. Installation of fuel equipment 6. Installation, removal, alteration of tanks 7. Alternate use of tanks h.1. Hazardous materials in excess of Article 801imits h.3. Hot-work operations 1.1. LPG (see Article 82) 1.2. Liquid- or gas-fueled vehicles in assemblv buildines o. l. 012en burning p.3. Pyrotechnical s-12ecial effects t.l. Temporarv membrane structures tents and canopies this , , , , ; , tite ri.:er..L..ii .n,.ke reasattable effott to leeate the owner or other persott Ita-vitig eharge or eotttral o the bttildi-T -~s and detnand entry. if stteh etttry is refttsed, the Gl-,~ef sha4l ha-ve reeotirse to e-very remedy pro-vided by law to seettre entry. if the owtier or oeettparA denies enfty, the Gitief is atttherized to obt ittspeetion or other remedy pro-vided by law to seettre efttry. 9wners, oeettpatits, , 9 r 0 eare, or earttrol of any bttilding or premises shall, after proper reqttest is made fts herein provide4, 11 1 ~ f , -2.4 95, , t-his eoele. . ~ 7-^nS~}?1 T 7- rV T 1TNN.L111 -g Vl Llt.V r L',. a C7a a. 1 liazar ~ ~ 1 7 smokestack, I ) , ftffnaee, or other heatirig de-viee, eleetrie fixture, or wty apptwtettanee thereto, , strmtttre, 4 ..if:.~..ll~..~rnr 4~r 6~~ nvP vtted itt tltis eode to be defeet:_.~V _ ~ t + ~ u Vl UII3CI.i rL 4 , i f L.'..t~ +l- ~ l ' 111GL1u1 T a'1 .l~~T ~~1e ~~f~is - Y1Prik511Y1' j'T~4i4be~sn r+li i^c+iTic y u~vu la LLLl altal./LV v Vu 41 TVllCi ,al a , operatiott, f GoCIe. . , Evftettation The ehief is to order ftn operatiort or ttse stopped, or the e-vaettatiett of my pre bttilditig, -vehiele, or portiatt themof whieh has or is tt fire hazard, f 'uugL..~..,... 1'F u~.i ~ , Section 207---F is amended to chanize the definition of FALSE ALARM to read as follows• The activation of a device or transm's ion of an alartn signal indicating an emer enc,y exists and/or 10 ~ , . necessitating resnonse bv the Vail Police Department or the Vail Fire Department where no emer encv exists. Section 902.2.2.1, under FIRE DEPARTMENT ACCESS Dimensions is deleted and replaced with wording to read as follows• Fire annaratus access roads shall meet the minimum requirements set forth in the Town of Vaii Design Standards as adopted Section 902.2.2.4 Dead ends is deleted and replaced with wording to read as follows• Fire annaratus access roads shall meet the minimum requirements set forth in the Town of Vail Design Standards as adopted Article 10 is amended to add to Section 1001.6.4 the words as follows: Tamnerine: The unauthorized removal, maninulation alteration adjustment operation service, maintenance, installation or other action involving an alarm system or coml2onents thereof including but not limited to wiring devices equipment control panels switches and other apnurtenances, bv any individual person corporation or other entitv who is not in 12ossession of a valid and current Town of Vail Contractor's License as required bv Town of Vail regulations Section 1001.7.2 Clear space around hvdrants is amended to read• A clear and unobstructed space shall be maintained around a fire hydrant with the followin,Q minimum distances: front - 15 feet rear - 4 feet sides - 7'/2 feet Fire hvdrants shall be installed and maintained to provide a minimum of 36 inches of clearance between the center of the outlet caps and finish grade. Standards set forth bv other agencies including the water district mav be referenced and enforced 12rovidin2 the most restrictive shall annlv 10.293 , bttiiding, , exterior , 11 F ~ L..L:a..Ll„ Q..~_ Emeeptiotts! • ~ ste . • topography, wftterveays, grades, > • ~ ~ the ~ ~ fire firghting 0 > > eiitnatie eo:iu,itinna ~L._.. C..a.,.. aL + 1.7 1' -'a vu.~~ vi "CSIGTTL[CCpTSLTR[rG~'A~IS[~I'~I'CZ[GCTs'S • , . • , 39.402. . , . , a4teratiott, or demolitiett of a bttilding, 8-7' ` v'' • Section 1003.3 Sprinkler Monitoring and Alarms is amended to read• All valves controlling the water sMplv for automatic fire sprinkler sXstems an d water flow switches on all fire sprinkler svstems shall be electronically monitored Section 1003.3 Sprinkler Monitorinia and Alarms is further amended to delete items 1 and 2, as follows: I. , Divisiott . . > eleetrieal > meehaniea4 , . 12 s Section 1007.2.2.1. General is amended to delete Exception 1 Section 1007.2.2.2 is amended to change the phras " 1,0942 to "occu.~ancv load of 500" in both the section title and the text Section 1007.2.4.3 Exterior alarm si naling device is amended to add the words "onlv when used - as a fire sprinkler flow indicator " Section 1007.2.9.1.2. Manual fire ala.rm boxes is deleted in it's entiretv Section 1 1.48~ 1106 is hereby amended to read as follows: 11.403 SECTION 1106 GAS METERS AND PIPING Above ground gas meters, regulators, and piping shall be protected from damage by ice or snow, and if exposed to vehicular damage due to proximity to alleys, driveways, or parking areas, shall be protected from such damage in an approved manner. Section 2501.16 is hereby amended by the addition of Section 25.418 2501.16.4 to read as follows: 23-1-4$ 2501.16.4 Standing Room Only Prohibited. Lessees, owners, managers, promoters, their employees or agents shall not advertise, allow the sale of, or otherwise permit standing room only access or tickets to be sold at indoor or outdoor concerts, meetings, or other assemblies. The use of cross aisles shall be restricted to egress and access only and shall not be utilized for standing at any such concert, meeting, or other assembly. The use of the area between the front row of seating and the stage, bandstand, security barriers or other similar physical barrier shall not be permitted to be used for standing room. (Ord. 25(1991) § 1) 10-1-5: AMENDMENTS TO THE INTERNATIONAL MECHANICAL CODE• The followin amendments are made to the International Mechanical Code 1998 edition: Section 801.12 is amended bv deleting the text of item number 6 in its entiretv and renumberin ig tem number 7 as item number 6. Section 926. "LTNVENTED ROOM HEATERS " is deleted in its entiretv 10-1-6: Amendments to the National Electric Code. The following amendments are hereby made to National Electric Code, 1996 edition: A. All electrical wiring in Groups A, B, E, I, and H occupancies as defined in the Uniform Building Code sha11 be encased in conduits, raceways, or an approved armor. All wiring in Group R shall be encased in metal conduits, raceways, or an approved metal armored cable to the circuit 13 ~ breaker box for each unit. No aluminum wire or copper clad aluminum wire smaller than size 8 will be permitted within the Town. B. Persons engaged in the installation of remote control, low energy power, and signal circuits as defined in article 725 and 760 of this code, need not be licensed themselves pursuant to Title 12, ' Article 23, Colorado Revised Statutes, nor work under the supervision of such licensed electricians; ; _ however, all such persons shall register with the State Electrical Board. Proof of registration shall be produced by the registrant and provided to the Town of Vail Building Official. C. All such installations of remote control, low energy power and signal systems are subject to the permit and inspection set forth in 12-23-116 C.R.S. Accordingiy, all installations of remote control, low energy power and signal systems must be performed in accordance with the minimum standards set forth in the National Electric Code. 10-1-6: COPIES OF CODES AVAILABLE: Copies of all the codes adopted by this Chapter and all amendments thereto shall be available for inspection at the office of the Town Clerk. (Ord. 25(1991) § 1) 10-1-7: PENALTIES: A. Any person who violates any of the provisions of the Codes adopted by this Chapter or fail to comply therewith, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statements, specifications, or plans submitted and approved thereunder, or any certificate or permit issued thereunder, or within the time fixed therein shall be guilty of a misdemeanor and subject to penalty as provided in Section 1-4-1 of this Code. The imposition of a penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violation or defects within a reasonable time, and each day that the prohibited conditions are maintained shall constitute a separate offense. B. The Town may maintain an action for damages, declaratory relief, specific performance, injunction, or any other appropriate relief in the District Court in and for the County of Eagle for any violation of any of the provisions of this Chapter. (1997 Code: Ord. 25(1991) § 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, 14 ! ~ 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, detertnines, 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 1Vfunicipal Code , , of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5) All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, ar ordinance, or part thereof, theretofore repealed. 6) The building codes adopted in this ordinance shall be effective for all building permit applications received by the Town of Vail, Community Development Department, Building Safety & Inspection Services Division, after January l, 1999. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE 1N FULL ON FIRST READING this 1 st day of December, 1998, and a public hearing shall be held on this Ordinance on the 15th day of December, 1998, at 7:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Robert E. Ford, Mayor ATTEST: Lorelei Donaldson, Town Clerk 15 ~ READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 15th day of December, 1998. Ludwig Kurz, Mayor Pro-Tem ATTEST: . Lorelei Donaldson, Town Clerk , 16 ORDINANCE NO. 21 SERIES OF 1998 AN ORDINANCE AUTHORIZING THE CONVEYANCE OF FEE TITLE TO THE FOLLOWING LAND OWNED BY THE TOWN OF VAIL: A parcel of land situated in Governmen* T,ot 3, Section 7, Township 5 South; Range 80 West of the Sixth Principal Meridian, County of Eagle, Stafe of Colorado, being more - - particularly described as follows: Beginning at the B.L.M. brass cap at Corner 2 of said Lot 3; Thence along the North line of said Lot 3, North 89°41'00" East, a distance of 206.61 feet; Thence So.uth 59 ° 12'40" East, a distance of 26.74 feet; Thence North 88°58'20" West, a distance of 229.76 feet to the West line of said Lot 3; Thence North 00°00'00" East, a distance of 8.42 feet to the Point of Beginning. Containing 2394 sq. ft., more or less. (See Exhibit A attached) TO PAUL E. RAETHER AND WENDY S. RAETHER. WHEREAS, the Town of Vail is the owner of certain property particularly described in . Exhibit A, Contract to Buy and Sell Real Estate, attached hereto; and WHEREAS, the land being conveyed herein was acquired by the Town of Vail from the United States Forest Service in the Land Ownership Adjustment Agreement; and WHEREAS, the Land Ownership Adjustment Agreement and the conveyance of this larid is consistent with the Vail Comprehensive Open Space Plan adopted in 1994; and WHEREAS, it is contemplated that this conveyance will be one in a series of conveyances that will assist in removing private encroachments from publicly owned land, providing a boundary between the Toum of Vail and the United States Forest Service property, and return to the Town of Vail the purchase price for Trappers Run, which land in West Vail is being preserved as open space and has been transferred to the United States Forest Service; and WHEREAS, tkrough the Common Ground process it has been determined that the consideration realized for this property shall be dedicated to the Town of Vail housing fund. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. The Town Council hereby approves the sale of property which is fully set forth in the Contract to Buy and Sell Real Estates attached hereto as Exhibit A. ~ r 2. The Town of Vail property to be conveyed is described as follows: A parcel of land situated in Government Lot 3, Section 7, Township 5 South, Range 80 West of the Sixth Principal Meridian, County of Eagle, State of Colorado, being more particularly described as follows: Beginning at the B.L.M. brass cap at Corner 2 of said Lot 3; Thence along the North line of said Lot 3, North 89 °41'00" East, a distance of 206.61 feet; Thence South 59 ° 12'40" East, a distance of 26.74 feet;. ' . Thence North 88 °58'20" West, a distance of 229.76 feet to the West line of said Lot 3; , . Thence North 00°00'00" East, a distance of 8.42 feet to the Point of Beginning. Containing 2394 sq. ft., more or less. (See Exhibit A attached) 3. The Town Manager is hereby authorized and directed to execute such instruments of conveyance as are appropriate to convey fee title from the Town of Vail to Paul E. Raether and Wendy S. Raether. 4. The proceeds from the sale realized by the Town of Vail shall be dedicated to the Town of Vail Housing Fund. 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision sha11 not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ardinance, 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. 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. ~ . . INTRODUCED, READ, APpROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 1 st day of December, 1998, and a public hearing shall be held on this Ordinance on the 15th day of December, 1998, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Robert E. Ford,lVlayor r - ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 15th day of December, 1998. Ludwig Kurz, Mayor Pro-Tem ATTEST: Lorelei Donaldson, Town Clerk C\orinance9821- . 1 • CONTRACT TO BUY AND SELL REAL ESTATE This Contract to Buy and Sell Real Estate (this "Contract") is executed as of the dates set forth below by and between the Town of Vail ("Seller"), whose address is 75 South Frontage Road, Vail, Colorado 81657, Facsimile Number (974) 479-2157, and Paul E. Raether and Wendy S. Raether, as joint tenants (collectively, "Buyer"), whose address is 9 West 57th Street, Suite 4200, New York, New York 10019, Facsimile N»xnber (212) 750-0002. The "Effective Date" of this Contract shall be the date a copy.of this Contract, executed by both Seller and Buyer, is - delivered to Buyer. - ~ - ~ 1• PARTIES AND PROPERTY. Seller agrees to sell and Buyer agrees to buy, on the terms and conditions set forth in this Contract, the following described real estate in the Town of Vail, County of Eagle, and State of Colorado, to wit: A parcel of land situated in Government Lot 3, Section 7, Township 5 South, Range 80 West of the Sixth Principal Meridian, County of Eagle, State of Colorado, being more particularly described as follows: . Beginning at the B.L.M. brass cap at Corner 2 of said Lot 3; Thence along the North line of said Lot 3, North 89°41'00" East, a distance of 206.61 feet; Thence South 59 ° 12'40" East, a distance of 26.74 feet; Thence North 88 °58'20" West, a distance of 229.76 feet to the West line of said Lot 3; Thence North 00 °00'00" East, a distance of 8.42 feet to the Point of Beginning. Containing 2394 sq. ft., more or less. (See Exhibit A attached) together with all interest of Seller in vacated streets and alleys adjacent thereto, all easements and other -appurtenances thereto, all improvements thereon and all attached fixtures thereon, except as herein excluded (collectively the "Property"). 2. PURCHASE PRICE AND TERMS. The purchase price shall be $94,774.00 (the "Purchase Price"), as such amount may be adjusted by prorations as provided in this Contract, payable in U.S. dollazs as follows. (a) $2,000.00 hereby receipted for (the "Deposit"), which amount will be held by the Title Company, as defined below, and (b) $92,774.00, as such amount may be adjusted by prorations as provided in this Contract, payable by Buyer at closing in funds which comply with all applicable Colorado laws, which include cash, electronic transfer funds, certified check, savings and loan teller's check, and cashier's check ("Good Funds"). 3. NOT ASSIGNABLE. This contract shall not be assignable by Buyer without Seller's prior written consent, which consent shall not be unreasonably withheld or delayed. Except as so restricted, this Contract shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of the parties. 4. EVIDENCE OF TITLE; SURVEY. On or before the date that is ten days after the Effective Date (the "Title Deadline"), Seller shall furnish to Buyer, at Seller's expense, (a) a current commitment for an owner's title insurance policy issued by a title insurance company acceptable to Buyer (the "Title Company") in an amount equal to the Purchase Price certified to a current date (the "Title Commitment"), together with copies of the instruments listed in the schedule of exceptions in the Title Commitment; (b) a current real property tax certificate issued by Eagle County, Colorado with respect to the Property; and (c) a current ALTA improvement survey of the Property certified to Buyer and the Title Company (the "Survey"). The standard exceptions shall be deleted from the Title Commitment. Seller will pay the premium at closing and have the title insurance policy delivered to Buyer as soon as practicable after closing. 5. TITLE AND SURVEY. (a) Title and Survey Review. Buyer shall have the right to inspect the Title Commitment and Survey. Written notice by Buyer of unmerchantability of title or of any other unsatisfactory title condition shown by the Title Commitment or Survey shall be signed by or on Fxhibit A x . behalf of Buyer and given to Seller on or before fifteen (15) days after the later of (i) delivery of the document to which objection is made or (ii) the Title Deadline, or within five (5) calendar days after receipt by Buyer of any additional exceptions or endorsement(s) adding new . Exception(s) to the Title Commitment. If Seller does not receive Buyer's notice by the date(s) . specified above, Buyer accepts the condition of title as disclosed by the Title Documents as satisfactory. _ (b) Matters Not Shown by the PubLe Records. Seller shail deliver to Buyer, on or before the Title Deadline, true copies of all lease(s) and survey(s) in Seljer's.possession pertaining to the Property and shall disclose to Buyer all easements, liens or other title matters - _ not shown by the public records of which Seller has actual knowledge. Buyer shall have the right to inspect the Property to determine if any third party(s) has any right in the Property not shown by the public records (such as an unrecorded easement, unrecorded lease, or boundary line discrepancy). Written notice of any unsatisfactory condition(s) disclosed by Seller or revealed by such inspection shall be signed by or on behalf of Buyer and given to Seller on or before fifteen (15) days after the later of (i) delivery of the document to which objection is made or (ii) the Title Deadline. If Seller does not receive Buyer's notice by said date, Buyer accepts title subject to such rights, if any, of third parties of which Buyer has actual knowledge. (c) Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNLJAL TAX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND EXCESSIVE TAX BURDENS TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYER SHOULD INVESTIGATE THE DEBT FINANCING REQUIREMENTS OF THE AUTHORIZED GENERAL OBLIGATION INDEBTEDNESS OF SUCH DISTRICTS, EXISTING MILL LEVIES OF SUCH DISTRICT SERVICING SUCH INDEBTEDNESS, AND THE POTENTIAL FOR AN INCREASE IN SUCH MILL LEVIES. In the event the Property is located within a special taxing district and Buyer desires to terminate this Contract as a result, if written notice is given to Seller on or before the date set forth in subsection 5(b), this Contract shall then terminate, Buyer shall receive a return of any money paid by Buyer and both parties shall be relieved of all further obligations under this Contract, except as otherwise provided herein. If Seller does not receive Buyer's notice by the date specified above, Buyer accepts the effect of the Property's inclusion in such special taxing district(s) and waives the right to so terminate. (d) Right to Cure. If Seller receives notice of unmerchantability of title or any other unsatisfactory title condition(s), Seller shall use reasonable efforts to correct such unsatisfactory title conditions prior to the Closing, as defined below. If Seller fails to correct said • unsatisfactory title or survey condition(s) before the Closing, this Contract shall then terminate; provided, however, Buyer may, by written notice to Seller, on or before the Closing, waive objection to said unsatisfactory title or survey condition(s). If this Contract terminates pursuant to this section, Buyer shall receive a return of any money paid by Buyer and both parties shall be relieved of all further obligations under this Contract, except as otherwise provided herein. 6. INSPECTION. Seller agrees to provide Buyer on or before the Title Deadline, with a Seller's Property Disclosure form completed by Seller to the best of Seller's current actual knowledge Buyer or any designee, shall have the right to have inspection(s) of the condition of the Property, at Buyer's expense to determine Buyer's satisfaction with the Property. Buyer may, in its sole discretion, elect to terminate this Contract by delivering written notice of termination, signed by or on behalf of Buyer, to Seller on or before December 11, 1998, in which case this Contract shall terminate, Buyer shall receive a return of any money paid by Buyer and both parties shall be relieved of all further obligations under this Contract, except as otherwise provided herein. Buyer is responsible for and shall pay for any damage which occurs to the Property as a result of such inspection. r . ~ 7. DATE OF CLOSING. The date of closing shall be December 18, 1998, or by mutual agreement at an earlier date. The hour and place of closing shall be as designated •by agreement of the parties hereto. 8. TRANSFER OF TITLE. Subject to tender or payment at closing as required herein and compliance by Buyer with the other terms and provisions hereof, Seller shall execute and deliver. a good and sufficient general warranty deed (the "Deed") to Buyer, conveying the Property free and clear of all taxes except the general taxes for ±he year of closing. Title shall be conveyed free and clear of all liens for special improvements installed as of the date of Buyer's signature . hereon, whether assessed or not, and all other matters except (i) those matters reflected by the -,Title Commitment and accepted by Buyer in accordance with subsection 5(a), (ii) those rights, if any, of third parties in the Property not shown by the public records and disclosed by Seller in accordance with subsection 5(b), (iii) inclusion of the Property within any special taxing district, and (iv) subject to building and zoning regulations. 9. CLOSING COSTS, DOCUMENTS AND SERVICES. Buyer and Seller shall pay, in Good Funds, their respective closing costs and all other items required to be paid at Closing, except as otherwise provided herein. Buyer and Seller shall sign and complete all customary or required documents at or before Closing. Fees for real estate closing shall not exceed $250.00 and shall be paid at closing one-half by Seller and one-half by Buyer. 10. PRORATIONS. General taxes for the year of Closing will be prorated based on the most recent assessed valuation and mill levy. If the Property is assessed or taxed as a part of a larger parcel of property, the tax for the Property shall be determined by multiplying the assessment and tax for such larger parcel be a fraction, the numerator or which shall be the land area contained in the Property and the denominator of which shall be the land area contained in - said larger parcel. 11. POSSESSION. Possession of the Property shall be delivered to Buyer on the Closing Date. . . 12. CONDITION OF AND DAMAGE TO PItOPERTY. Except as otherwise provided in this contract: the Property shall be delivered in the condition existing as of the date of this contract, ordinary wear and tear excepted. In the event the Property shall be damaged by fire or other casualty prior to time of closing, in an amount of not more than ten percent of the total purchase price, Seller shall be obligated to repair the same before the date of closing. In the . event such damage is not repaired within said time or if the damages exceed such sum, this contract may be terminated at the option of Buyer. Should Buyer elect to carry out this contract despite such damage, Buyer shall be entitled to credit for all the insurance proceeds resulting from such damage to the Property and Inclusions, not exceeding, however, the total purchase price. 13. SELLER'S OBLIGATIONS. (a) Seller shall perform, and the obligations of Buyer under this Contract are contingent upon, the following: • [1] Seller shall apply for a minor subdivision and obtain the necessary approvals to record a new subdivision plat for the Property and Lot 15, Block 7, Vail Village, First Filing, according to the recorded plat thereof ("Lot 15"), such that the Property is added to and becomes a part of Lot 15 (the "New Lot 15"). The New Lot 15 as shown on such plat shall not include the utility easement indicated on the recorded plat for Lot 15 along the southerly boundary of Lot 15. [2] Seller shall take all necessary action to establish that the development rights associated with the New Lot 15, including but not limited to site coverage requirements, set back requirements and the calculation known as "gross residential floor area" ("GRFA"), shall be based upon the entirety of New Lot 15. Seller agrees that New Lot 15 is entitled to GRFA f , as calculated pursuant to Title 12, Chapter 15 of the Town of Vail Municipal Code, as may be amended from time to time. If the foregoing contingencies have not been fully complied with on or before December 15, 1998, Buyer may, in its sole discretion, elect to terminate this Contract by delivering written notice of such termination to Seller on or before such date, in which case Buyer shall receive a return of any money paid by Buyer and both parties shall be relieved of all further obligations under this Contract. _ (b) Pursuant to the Vail Town Charter, Article V, Council Procedure, Section 4.8 Action By Ordinance Required includes the passage of an ordinance by the Council authorizing the sale of any real property. This ordinance shall be prepared by the Town Attorney and presented to the Vail Town Council. In the event the Vail Town Council declines to pass the ordinance authorizing the sale of property as contemplated by this Contract to Buy and Sell Real Estate, the Buyer shall receive a return of any money paid by Buyer and both parties shall be relieved of all further obligations under this Contract. (c) Pursuant to the Land Ownership Adjustment Agreement between the Seller and the United States (the "Exchange Agreement"), the Deed will include the following covenant in regard to ski area operations: "The property is immediately adjacent to skiing facilities and recreational areas (the "Mountain Recreational Areas") on land owned by the United States of America and administered by the United States Forest Service and the subject of a Special Use Permit held and operated by Vail Resorts, Inc. The Mountain Recreational Areas are expected to generate an unpredictable amount of visible, audible and odorous impacts and disturbances from activities relating to the construction, operation, use and maintenance of the Mountain Recreational Areas (the "Mountain Activities"). The Mountain Activities may include, without limitation (x) vehicular traffic, including without limitation, (i) buses, vans and other vehicles which transport local residents and others who use the Mountain Recreational Areas over, around and through the Mountain Recreational Areas and (ii) canstruction vehicles and equipment; (y) activities relating to the construction, operation and maintenance of roads, trails, ski trails, skiways, and skier bridges and tunnels relating to the Mountain Recreational Areas, including, without limitation, (i) tree cutting and clearing, grading and earth moving, and other construction activities, (ii) construction, operation and maintenance of access roads, water reservoirs, snowmaking equipment, and chairlifts, gondolas, or other transportation systems, and (iii) operation of snow grooming and other over-the-snow vehicles and equipment, and safety and supervision vehicles; and (z) activities relating to the use of the Mountain Recreational Areas, including without limitation, (i) skiing, snowboarding, ski patrol activities, (ii) hiking, horseback riding, bicycling, other recreational and over-the-terrain activities, and organized events and competitions relating to such activities, (iii) lodging cabins, restaurants, clubs, rest rooms and other public use facilities, and (iv) public access to adjacent United States Forest Service Lands. The Property owner acknowledges that the Mountain Activities, and the impacts and disturbances generated by the Mountain Activities, may occur in and around the Property and Property owner hereby consents to the Mountain Activities." (d) Pursuant to the Exchange Agreement, Seller obtained from the United States (i) certain real property located north of Rockledge Road as it currently exists in Vail, Colorado and south of Lots 2, 3A, 313, 4, 7, 8A, 9A, 10A, l OB, 12 and 13B, Vail Village, First Filing, County of Eagle, State of Colorado (the "Other Rockledge Land"), and (ii) certa.in real property located south of Rockledge Road (the "Open Space Land"). Seller is in the process of negotiating contracts to sell portions of the Other Rockledge Land to the owriers of Lots 2, 3A, 313, 4, 7, 8A, 9A, 10A, l OB, 12 and 13B, Vail Village, First Filing, County of Eagle, State of Colorado. As part of such negotiations, Seller intends to convey to an owner's association comprised of the owners of the Other Rockledge Land the Open Space Land, or to otherwise restrict development on the Open Space Land, with the intent that the Open Space Land remain open space such that the building of houses on the south side of Rockledge Road will be prohibited. Seller agrees that . t . Buyer shall be a part of such owner's association or shall otherwise be permitted to participate in whatever arrangement is agreed upon to ensure that the Open Space Land remains vacant land. 14. DEFAULT; REMEDIES. Time is of the essence with respect to every provision of this Contract. If any obligation hereunder is not performed as provided in this Contract, and such non-performance continues for five (5) days after written notice thereof is given to the defaulting party by the non-defaulting party, there will be the following remedies: (a) If Buyer is in default, the Depositwill be forfeited by Buyer to Seller, and both parties will thereafter be released from all obligations hereunder. It is agreed that the forfeit of the Deposit constitutes liquidated damages and will be Seller's sole remedy for Buyer's failure to perform the obligations of this Contract. Seller expressly waives the remedies of specific performance and additional damages. (b) If Seller is in default, Buyer will have the right either (i) to treat this Contract as terminated, in which case the Deposit will be returned to Buyer, and Buyer may recover such damages as may be proper, or (ii) to treat this.Contract as being in full force and effect and obtain specific performance or recover such damages as may be proper, or both. (c) If any litigation arises out of this Contract, the prevailing party shall be entitled to recover from the other party all reasonable costs and expenses, including, but not limited to attorneys' fees. 15. NOTICES. All notices or deliveries required under this Contract shall be in writing and will be given by facsimile transmittal directed to the facsimile number of the party to whom the notice is directed, as set forth herein, or shall be hand-delivered or sent by nationally recognized overnight carrier to the address of the par.ty as set forth herein. All notices so given will be considered effective as follows: (a) if hand-delivered, when received; (b) if delivered by overnight carrier, the next business day after deposit with the overnight carrier; and (c) if delivered by facsimile transmittal, upon the day of transmittal if between the hours of 12:01 a.m. and 5:00 p.m. at the place of receipt, or if after such hours, on the next business day, or upon telephone confirmation of receipt. All notices shall be directed to the address and to the facsimile numbers set forth in the first paragraph of this Contract, or to such addresses or facsimile numbers as either party may hereinafter designate by notice given as provided in this section. 16. MODIFICATION OF THIS CONTRACT. No subsequent modification of any of the terms of this Contract shall be valid, binding upon the parties, or enforceable unless made in writing and signed by the parties. 17. ENTIRE AGREEMENT. This Contract constitutes the entire contract between the parties relating to the subject hereof, and any prior agreements pertaining thereto, whether oral or written, have been merged and integrated into this Contract. , 18. BROKERS. Each party represents and warrants that it has not engaged the services of any real estate agent, broker or consultant in connection with this transaction other than Paul Heffron. Seller agrees to pay Paul Heffron his fee pursuant to a separate agreement. Buyer and Seller each agree to indemnify, defend and hold harmless from and against all liability, loss, cost, damage and expense, including, but not limited to, attomeys' fees and costs, which either will ever suffer or incur becanse of any claim by any other agent, broker or consultant, whether or not meritorious, for any fee, commission or other compensation with respect to this Contract or the sale and purchase of the Property contemplated-hereby and resulting from the acts of the indemnifying party. 19. SURVIVAL. All obligations, warranties and representations of each of the parties hereunder which are not performed or fully discharged by or through the Closing will remain enforceable and in full force and effect after the Closing. , ~ . 20. COMPUTATIONS OF TIME. In computing any period of time under this Contract, the date of the act, event or default from which the designated period of time begins to run will not be included. The last day of the period so computed will be included unless it is a Saturday, Sunday or legal holiday, in which event the period will run until the end of the next day which is not a Saturday, Sunday or legal holiday. 21. GOVERNING LAW. This Contract will be governed by and construed in accordance with the laws of the State of Colorado. • 22. NOTICE OF ACCEPTANCE: COiJNTERPARTS. This proposal shall expire unless - accepted in writing, by Buyer and Seller, as evidenced by their signatures below, and the offering party receives notice of such acceptance on or before , 19_ (Acceptance Deadline). If accepted, this document shall become a contract between Seller and Buyer. A copy of this document may be executed by each party, separately, and when each party has executed a copy thereof, such copies taken together shall be deemed to be a full and complete contract between the parties. BUYER: Paul E. Raether Wendy S. Raether Date , 19_ Date , 19 SELLER: THE TOWN OF VAIL By: Title: Date: , 19 f annew~attomev\documenttraether.con . ~ . ' ~ , S79•33,o0 - .=~2.--y: . - 39,7 M 0 1 g-0 1 DO" N13'47'0C 8~'•0 . 16.37' b N76' 13'0 ~ L(?T IS ~182~~ 318 8.00' o s ° 10' UrILIry EASEnrE7vr s z --A.P ~ VAG4 TFO BY O.C. GEED !-~'C. ~t S 1 ^~~20 ~ ~(YA IL V,iI LA~ FIf-~ST . FK ING1 ~ D•, - 7 8• .5 S89'41 '00" W 8.42 2 48.23' !vee '58 20 -w 229 . 76 ' .7 N89'40' 3.00' N88'58'20"w ~ - . N00'00' 12" E A.P. 3 179.57' ~ 11. 4 2' .a P. t N yl 5-. ` 50"hr 81 Exhibit A k ~ ORDINANCE NO. 22 SERIES OF 1998 AN ORDINANCE AUTHORIZING THE CONVEYANCE OF AN EASEMENT BY AND BETWEEN THE TOWN OF VAIL AND THE EAGLE RIVER WATER AND SAlvITATION DISTRICT OVER AND ACROSS LOT 9, SEC. 18, T. 5 S., R. 79 W., 6th P.M., THE EASEMENT BEING 20 FEET IN WIDTH, LY?NG EQUALLY ON EACH SIDE OF THE , CENTERLINE. VVHEREAS, the Town of Vail is the owner of certain property particularly described in Exhibit A, Easement Agreement, attached hereto; and WHEREAS, this conveyance of an easement will provide access to the East Vail water tank which has been built on Town of Vail land acquired from the United States Forest Service pursuant to the Land Ownership Adjustment Agreement; and WHEREAS, through the Common Ground process it has been determined that the consideration realized for this property shall be dedicated to the Town of Vail Housing Fund. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. The Town Council hereby approves the conveyance of an easement to the Eagle River Water and Sanitation District pursuant to the terms and descrption of the easement more fully set forth in the Easement Agreement attached hereto as Exhibit A. 2. The easement across the Town of Vail property to be conveyed is described as follows: On the existing road over and across Lot 9, Sec. 18, T. 5 S., R. 79 W., 6th P.M., the easement being 20 feet in width, lying equally on each side of the centerline. 3. The Town Manager is hereby authorized and directed to execute such instruments of conveyance as are appropriate to convey an easement from the Town of Vail to the Eagle River Water and Sanitation District. 4. The proceeds from the sale realized by the Town of Vail shall be dedicated to the Town of Vail Housing Fund. 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision sha11 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 . thereo#: . , 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 sha11 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. 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. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this lst day of December, 1998, and a public hearing shall be held on this Ordinance on the 15th day of December, 1998, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Robert E. Ford, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 1 Sth day of December, 1998. Ludwig Kurz, Mayor Pro-Tem ATTEST: Lorelei Donaldson, Town Clerk C:brinance9822 ~ , - s . . . ~ TSIS EASEI4MT is made this day of 1998, by and betw+een the TOM OF vAIL, a hvme rule tawn duly organized and existing under the laWS of the State of Colorado taGrantor"), and EA.GLS RIVEg WATSR ANID SANI3ATIODT DISTRICT, a quasi-muaicipal cflrporatian and palitiCal subdivision of the State of Colorado orithin the Caunty of Eagle (`District'). 2hat for and in consideratiaa af the sum of Thirty Thousaztd - Dallars (530,0000.00) and other good and valuable causideration paid by District to GXantor, the receipt of which is ackYtowledged, the Grantor grants and cornreys unto the District, its successars and assigns, a perpetual easernent, tagethex wiLh the right of ingress and egress to conatruct, a.nstall, remove, replace, add to, maintain, repair, operate, change or alter a water storage taak, oves, und,er aad across the premiscs, situated in the Coimty pf Eagle, State af Colorado, described and depicted in the attached Exhibit A. Together with all and singuJ.ar hereditaments and appurtenances thexeto belangi.ng, or xn anywise appeztaiui.ng, and the reyersion and reversions, remainder and remaixzders, rents, issues and prnfits thereof; and aII the estate right, title interest, claim and demand whatsoever, of the Grantor, either i.n Iaw -or in equity, af, in and to the above-bargained real property ilitezest, with 'tYze hereditaments and appurtenances. ~ Grantor warrants that the Grantor has the lawful right to grant such easement, and that Grantor, zts hei.rs, successors and/ar f assigris, shall not erect or place any permanent bu3lding, structure, improvement,_ fence ar tree on the above-described easetaeztt wit2Zaut the Prior consent af the District, vhich consent will not. be unreasonably wittiheld_ - This Easemeat is for the benetit of the District, its agents, t easp7.oyees and contractors €or the purposes set forth hereia. District shall not permit any other persons, entities or utilities to use the EaseMent without the express written conseut of Gacaator. Following any entry by the District upon said easement foz the purpose of replacemeat, addition to, maintenance, repair, operation, change or alteratioa of the water storage tank, Lhe District shall restore the premises to substantially the same condition existing at the time of the eatry therean, except for trees, shrubs, plants, sidewalks, driveways pr parking arp.as thereon Iocated or damaged thereby, . • ...d.d.~~ . Exhibit A ~ . ? IN wIT1gEsS WFMEOF, the parties hereto have set their hands and seals the day and year first above writterl. 1OIN oF VAII, BY: , Mayior . , • ATTEST: BY' secretary I ACCSPTED by the EagZe River Water and Saxtitatioil District thig day af , 1998. BAGLB RIVER WA1'ER AND SANYTATION axsTzic-r By= President AZTES2 : By: Secretary 2 ~ . AMENDMENT TO THE EXCHANGE AGREEMENT between THE TOWN OF VAIL and THE UNITED STATES OF AMERICA Dated February 19, 1997 This Amended Land Exchange Agreement, rnade this 24 1tl day of November, 1997, between the Town of Vail, a municipal corporation, whose address is'75,,South ' Frontage Road, Vail, Colorado 81645, hereinafter referred to,as the Landowner, and the United States of America, acting by and through the Forest Service, Department of Agriculture, is for the purpose of clarifying the Exchange Agreement dated February 19, 1997: Schedule B, page 7, Reservation Lo tne United States #2, shall bE deleted and the following Reservation shall be inserted as a replacement therefor: 2. Reserving to the United States and its assigns, an exclusive right-of-way for the existing raad over and across Lot 9, sec. 18, T. 5 S., R. 79 W., 6th P.M., the easement being 20 feet in width, lying equally on each side of the centerline; provided, however, that the Town of Vail and the Eagle River Water and Sanitation District ahall have motorized access along this road to the East Vail water tank. IN WITNESS WHEREOF, the Landowner, by its duly authorized representative, and the Regional Forester, acting for and on behalf of the Forest Service, USDA, have executed this Agreement this ZU-t`' day of h)OVe+~n6E1- , 19 M. _ TOWN OF VAIL, a_municipal corporation - W / BY: ~ ITS : { FOREST SERVICE U.S. DEPARTMENT OF AGRICULTLiRE By: LY E LAVERTY Regional Forester Rocky Mountain Region, R-2 Exhibit A . r . • 2 . ACKNOWLEDGMENT State of ) SS: . ' County of On this / n~~day of /s.P-,1 , 1997, before me, .mV,,v r[•~~/~ a Notary Public in and" for said State, personally appeared Robz-a f 1..'• as 7CLQn YhQ?,c~¢~_, for the Towr.-of Vail, a municipal corporation. . IN WITNESS WHEREOF, I hereunto set my hand and official seal. s . :Vatarp Fublic Sign ure My Commission expires: pnmF umm*' ,,,t, ~~Ur. My Commission Eapires 6-17-1999 75 S. Frontago P.oad ACKNOWLEDGMENT State of Colorado ) ) SS: County of Jefferson) On this 2A~day of 1997, before me, " a Notary Public in and for said State r~, personally appeared ZN WI.TNESS WHEREOF, I hereunto set my hand and official seal. " ' J ~ . , ~ ~ •_t` ' ~:;~i~/1./~~ Notary Public Signature . , My Cammission expires: ORDINANCE NO. 20 Series of 1998 AN EMERGENCY ORDINANCE AMENDING SECTION 9.34.030 OF THE MUNICIPAL CODE . OF THE TOWN OF VAIL TO PROVIDE THAT IT SHALL BE UNLAWFUL FOR ANY PERSON UNDER THE AGE OF 21 YEARS TO HAVE IN HIS POSSESSION ANY FERMENTED MALT BEVERAGE AND SETTING FORTH DETAILS IN REGARD THERETO. , WHEREAS, State law now prohibits persons under the age of 21 years from consuming malt beverages; and WHEREAS, the Town Council wishes to prohibit persons under the age of 21 years from possessing, using or consuming such beverages; and WHEREAS, the Town Council does not wish such use or possession to be limited to such beverages being "in a container of any kind, whether opened or unopened." NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, that: 1. Section 9.34.030 of the Municipal Code of the Town of Vail is hereby amended to read as follows: Possession of liquor by underage persons: it shall be unlawful for any person under the age of 21 years to have in such persons possession or in his/her control in a public place or a privately-owned place opened to the use and access of the public, any malt, vinous, . or spirituous liquor, or any fermented malt beverages ' , within the Town limits of the Town of Vail. 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 Town Council further finds that because of the immediate need to have the tools necessary to effectively enforce regulations against underage drinking, this ordinance is hereby declared to be an emergency ordinance necessary for the preservation of public property, health, welfare, peace and safety 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 affectthe 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, ctause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 1 5. The amendment of any provision of the Vail Municipal Code as provided in this ordinance shafl not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed orsuperseded unless expressly stated herein. • 6. 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, AND APPROVED AS AN EMERGENCY ORDINANCE this day of December 1, 1998, in the Council Chambers of the Vail Municipal Building, Vail, Colorado, and this ordinance shall take effect immediately. ORDERED PUBLISHED {N FULL this 1st day of December, 1998. Robert E. Ford, Mayor ATTEST: Lorelei Donaldson, Town Clerk 2 ORDINANCE NO. 17 SERIES OF 1998 • ANNUAL APPROPRIATION ORDINANCE: ADOPTING A BUDGET AND FINANCIAL PLAN AND MAKING APPROPRIATIONS TO PAY THE COSTS, EXPENSES, AND LIABILITIES OF THE TOWN OF VAIL, COLORADO, FOR ITS FISCAL YEAR JANUARY 1,1999, THROUGH DECEMBER 31,1999, AND PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION OF TOWN AD YALOREM PROPERTY TAXES DUE FOR THE 1998 TAX YEAR AND PAYABLE IN THE 1999 FISCAL YEAR. ' WHEREAS, in accordance with Article IX of the Charter of the Town of Vail, Colorado, the Town Manager prepared and submitted to the Town Council a proposed long-range capital program for the Town and a proposed budget and financial plan for all Town funds and activities for the 1999 and 2000 fiscal years; and WHEREAS, notice of public hearing on the proposed Town budget and capital program was published on the 6th of November, 1998, more than seven (7) days prior to the hearing held on the 17th of November, 1998, pursuant to Section 9.5 of the Charter; and WHEREAS, it is necessary far the Town Council to adopt a budget and financial plan for the 1999 fiscal year, to make appropriations for the amounts specified in the budget, and to provide for the levy, assessrrient and collection of Town ad valorem property taxes due for the 1998 year and payable in the 1999 fiscal year; and WHEREAS, it is believed appropriate and fiscally sound for the Town Manager to present the budget and financial plan for 2000 to be considered by the Town Council to provide a complete financial plan on a biennial basis. NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1. The procedures prescribed in Article IX of the Charter of the Town of Vail, Colorado, for the enactment hereof have been fulfilled. 2. Pursuant to Article IX of the Charter, the Town Council hereby makes the following annual appropriations for the Town of Vail, Colorado, for its fiscal year beginning on the first day of January, 1999, and ending on the 31 st day of December, 1999: FUND AMOUNT General Fund $16,980,960 Capital Projects Fund 8,632,112 Real Estate Transfer Tax 2,240,932 Parking Structure Enterprise Fund 2,645,664 Heavy Equipment Fund 1,538,721 Dispatch Services Fund 1,110,416 Debt Service Fund 2,334,748 Health Insurance Fund 1,123,657 Vail Marketing Fund 340,000 Booth Creek Debt Service Fund 15,550 Vail Housing Fund 543,631 Facility Maintenance Fund _ 1,843,143 Total: $39,349,534 1 Less Interfund Transfers: < 8.644.892> Net Budget $30,704,642 3. The Town Council hereby adopts the full and complete Budget and Financial Plan far the 1999 fiscal year for the Town of Vail, Colorado, which are incorporated by reference herein and made part hereof, and copies of said public records shall be made available to the public in the Municipal Bruilding of the Town. . 4. For the purpose of defraying part of the operating and capital expenses of the Town of Vail, Colorado, during its 1999 fiscal year, the Town Council hereby levies a property tax of 4.406 mills upon each dollar of the total assessed valuation of $457,629,390 for the 1998 tax year of all taxable property within the Town, which will result in a gross tax levy of $2,014,729, calculated as follows: Base mill levy 4.690 $2,144,593 Mill levy credit (.295) (134,894) Abatement levy .Ol 1 5.030 Total mill levy 4.406 2 014 729 Said assessment shall be duly made by the County of Eagle, State of Colorado, as directed by the Colorado Revised Statutes (1973 as amended), and as otherwise required by law. 5. The Town Council has considered the budget and financial plan for the fiscal year January l, 2000 through December 31, 2000 as presented by the Town Manager, takes no formal action in regard to it at this time and further directs the Town Manager in accordance with Article IX of the Charter of the Town of Vail to present the proposed 2000 budget and financial plan for adoption no later than thirty (30) days priar to the close of the 1999 fiscal year. 6. This Ordinance shall take effect five (5) days after publication following the final passage hereof. 7. 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. 8. 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 thereo£ 9. 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. 2 10. 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, ar ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 17th day of November, 1998. A public hearing shall be lieid _ hereon on the 1st day of December, 1998, at the regular meeting of the Town Council of the • Town of Vail, Colorado, in the Municipal Building of the Town. _ Robert E. Ford, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED in this 1 st day of December, 1998. Robert E. Ford, Mayor ATTEST: Lorelei Donaldson, Town Clerk 3 . ~ RESOLUTION NO.15 SERIES OF 1998 A RESOLUTION AMENDING THE DEFERRED COMPENSATION PLAN AND ESTABLISHING A TRUST. WHEREAS, the Town of Vail established_a deferrecl compensation plan in April of 1981; and • WHEREAS, on July 18, 1995, the Town of Vail terminated the ICMA Deferred Compensation Plan that had been established on December 18, 1984, and decided to cease using Great West for contributions for the Town of Vail Deferred Compensation Plan and to use new investment providers for the Town of Vail Deferred Compensation Plan; and WHEREAS, the Town of Vail believes it is in the best interest of Town of Vai1 Employees to amend and restate the Town of Vail Deferred Compensation Plan and to establish a trust to hold the assets of the Plan, as required by the Internal Revenue Code. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Vail, Colorado, that: 1. The Tovvn nf Vail does hereby adopt the Town of Vail Deferred Compensation Plan and Trust, attached hereto as Exhibits "A" and "B." 3. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 1 st day of December, 1998. Robert E. Ford, Mayor ATTEST: Lorelei Donaldson, Town Clerk TOWN OF VAIL DEFERRED COMPENSATION PLAN (as of 1, 199 ) BRB\52084\300199.02 Exhibit A TABLE OF CONTENTS Page Number Secr. --'on 1. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1 1.1 Administrator ..........................................................................................1 1.2 Beneficiary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1 1.3 Code ....................................................................................................1 1.4 Compensation ....................................................................:....................1 1.5 Deferral . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1 ~ - 1.6 Effective Date . . . . . . . . . . . . . . . . .1 1.7 Eligible Employee . . . . . . . . . . . . . . . . . . . . . . . .1 1.8 Eligible Deferred Compensation Plan or Eligible Plan . . . . . . . . . . . . .1 1.9 Employer ...............................................................................................1 1.10 Includable Compensation l 1.11 Normal Retirement Age . . . . . . . . . 2 1.12 Participant ..........................................................................................2 1.13 Plan ..................................................................................................2 1.14 Plan Year ......................................................................................2 1.15 Retirement Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.16 Trust or Trust Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.17 Trustee ...............................................................................................2 1.18 Voluntary Salary Deferral Agreement ................2 Section 2. Participation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2.1 Eligibility for Participants ...........................................................................2 2.2 Enrollment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Section 3. Deferral of Compensation ......................................................................3 3.1 Deferral Procedure 3 3.2 Maximum Deferral : ..................................................................................3 3.3 Minimum Deferral ...................................................................................4 - 3.4 Changing Deferrals ...................................................................................4 3.5 Suspension of Defenals .............................................................................4 Section 4. Time of Benefit Payment ........................................................................4 4.1 Eligibility for Payment ..............................................................................4 4.2 Benefit Commencement Date .......................................................................5 Section 5. Benefit Payments ................................................7 5.1 Election .................................................................................................7 5.2 Form of Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 5.3 Limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Section 6. Beneficiaries .......................................................................................8 6.1 Designation 8 6.2 Failure to Designate a Beneficiary .................................................................8 Section 7. Amendment and Termination ..................................................................9 7.1 Amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 7.2 Termination ............................................................................................9 BRB\52084\300199.02 i Section 8. Miscellaneous 9 8.1 General Duty of the Employer . . . . . . . . . 9 8.2 Duties of the Administrator 10 8.3 Investments 10 8.4 Plan-to-Plan Transfers . . . . . . . . . . . 10 8.5 Ownership of Assets 10 8.6 Limitation of Rights; Employment Relationship 11 8.7 Limitation on Assignment 11 8.8 Representations 11 8.9 Severability 11 . . 8.10 Applicable Law 11 ~ ii TOWN OF VAIL DEFERRED COMPENSATION PLAN The Town of Vail, Colorado, hereby establishes, with this Agreement, a plan for the administration and distribution of contributions made by the Employer for the purpose of providing deferred compensation for Eligible Employees. The plan shall be known as the , TOWN OF VAIL DEFERRED COMPENSATION PLAN. This Plan shall be effective as of the Effective Date. _ Section 1. Definitions 1.1 Administrator: "Administrator" means the Employer or the entity designated by the Employer to carry out certain nondiscretionary administrative functions of the Plan pursuant to Section 8.2 of the Plan. 1.2 Beneficiary: "Beneficiary" means the person(s) or estate entitled to receive benefits under this Plan after the death of a Participant. 1.3 Code: "Code" means the Internal Revenue Code of 1986, as amended, and including all regulations promulgated pursuant thereto. 1.4 Compensation: "Compensation" means the total remuneration earned by an employee for personal services rendered to the Employer for the calendar year, including amounts deferred under this Plan and any other deferred compensation plan. 1.5 Deferral: "Deferral" means the annual amount of Compensation that a Participant elects to defer receipt of pursuant to a properly executed Voluntary Salary Deferral Agreement. . 1.6 Effective Date: "Effective Date" means 1, 199. 1.7 Eligible Employee: "Eligible Employee" means any person employed by the Employer who is not a member of the Employer's police or fire department. The term "member" shall have the meaning set forth in C.R.S. § 31-31-102(4) (1986) Repl. Vol. 12(B) (1996 Cum. Supp., as amended). 1.8 Eligible Deferred Compensation Plan or Eligible Plan: "Eligible Deferred Compensation Plan" or "Eligible Plan" means any plan defined in Section 457(b) of the Code and includes this Plan, among others. 1.9 Employer: "Employer" means the Town of Vail, Colorado. 1.10 Includable Compensation: "Includable Compensation" means compensation for services performed far the Employer which (taking into account the BRB\52084\300199.02 provisions of Section 457 of the Code and other provisions of Chapter 1 of the Code) is cunently includable in gross income as properly reportable on the employee's federal tax form relating to his or her wage and tax statement. 1.11 Normal Retirement Age: "Normal Retirement Age" means age 70-'/z or some other earlier age specified in writing by the Participant. In no event shall Normal Retirement Age be earlier than the earliest date at which one may retire under the Employer's basic pension plan without the Employer's consent and zeceive immediate retirement benefits, ; without incurring an actuarial or similar reduction in benefits. 1.12 Participant: "Participant" means an Eligible Employee or former Eligible Employee who is or has been enrolled in the Plan and who retains the right to benefits under the Plan. 1.13 Plan: "Plan" means the Town of Vail Deferred Compensation Plan dated the 15` day of , 199, as amended from time to time. 1.14 Plan Year: "Plan Year" means the twelve-month period beginning January 1 and ending December 31, from and after the Effective Date. 1.15 Retirement Board: "Retirement Board" means the board appointed pursuant to Section 2.14 of the Town of Vail Employees' Pension Plan, adopted January 1, 1994, as amended and restated from time to time. 1.16 Trust or Trust Fund: "Trust" or "Trust Fund" means the Trust Fund established in conjunction with this Plan, pursnant to the Town of Vail Deferred Compensation Trust Agreement. 1.17 Trustee: "Trustee" means the Trustees of the Trust Fund established in conjunction with this Plan and any duly appointed and qualified successor. -The Trustee is also referred to as the Retirement Board. 1.18 Voluntary Salary Deferral Agreement: "Voluntary Salary Deferral Aareement" means the agreement between a Participant and the Employer to defer receipt by the Participant of Compensation not yet earned. Such agreement shall state the Deferral amount to be withheld from a Participant's paycheck and shall become effective no earlier than the first day of any month after it is executed by the Participant and accepted by the Retirement Board. Section 2. Participation 2.1 Eligibility for Participants: Each Eligible Employee may become a Participant in this Plan on the first day of the month next following commencement of employment as an Eligible Employee and enrollment pursuant to Section 2.2. Any person BRB\52084\300199.02 2 elected or appointed to a term of office with the Employer shall be deemed to commence employment at the time such person assumes office. - 2.2 Enrollment: Eligible Employees may enroll in the Plan by completing a Voluntary Salary Deferral Agreement. Enrollment shall be effective on the first day of the month next following completion of the Voluntary Salary Deferral Agreement. . Section 3. Deferral of Compensation 3.1 Deferral Procedure: Pursuant to a Voluntary Salary Deferral Agreement, each Participant's Defenal amount shall be deducted from his or her paychecks in approximately equal increments throughout the year. The Deferral amount shall not be included as gross income of the Participant for purposes of federal income tax. 3.2 Maximum Deferral: (a) Primary Limitation: The Deferral amount in any taxable year may not exceed the lesser of: 1. $7,500 (as indexed pursuant to Code §457(e)(15)), or 2. 33-1/3 % of the Participant's Includable Compensation. (b) Catch-Up Limitation: 1. A Participant may trigger the catch-up limitation by electing a Normal Retirement Age pursuant to Section 1.12. The maximum Deferral amount for each of a Participant's last three (3) taxable years ending before he or she attains Normal Retirement Age, is the lesser of: - (i) $15,000, or (ii) the primary limitation amount determined under Section 3.2(a) for the current year, plus so much of the primary limitation amount that was not utilized in prior taxable years in which the employee was eligible to participate in the Plan, beginning after December 31, 1978. A Participant may use a prior year only if the Deferral amounts under the Plan in existence during the year were subject to the maximum deferral amount described in Treas. Reg. Section 1.457-2(e)(1982). BRB152084\300199.02 3 2. The catch-up limitation is available to a Participant only during one three-year period. If a Participant uses the catch-up limitation and then postpones Normal Retirement Age or returns to work after retiring, the limitation shall not be available again before a subsequent retirement. (c) Coordination With Other Plans: If a Participant participates in more than one Eligible Deferred Compensation Plan, the total deferral under all plans shall be subject to the maximum limitations specified in Section 3.2. Any amount excluded from.gross income by the Code under Code §§403(b), 402(e)(3), 402(h)(1)(B) or 402(k) for the taxable year and a deduction which is allowable by reason of a contribution to an organization, - described in Section 501(c)(18) of the Code for the taxable year shall reduce the primary limitation amount determined under Section 3.2(a) and (b), and the $15,000 limitation in Section 3.2(b)(1)(i). 3.3 Minimum Deferral: A Participant must comply with any minimum monthly deferral requirements which may be set by the Employer from time to time on a nondiscruninatory basis. 3.4 Changing Deferrals: A Participant may change Deferrals with respect to Compensation not yet earned by executing a new Voluntary Salary Deferral Agreement. The change shall be effective on the first day of the month following the month a new Voluntary Salary Deferral Agreement is received by the Retirement Board. 3.5 Suspension of Deferrals: (a) Voluntary: A Participant may suspend Deferrals by giving the Retirement Board written notice. Following suspension, a Participant may reinstate Deferrals by executing a new Voluntary Salary Deferral Agreement and delivering it to the Retirement Board. Reinstatement shall be effective on the first day of the month following completion of the new Agreement. Deferral suspensions and resumptions can be made at any time. (b) Automatic: Deferrals shall automatically be suspended for any month in which there are insufficient monies available to make the entire deduction agreed upon. Section 4. Time of Benefit Payment 4.1 Eligibility for Payment: Payments from the Plan shall not be made until the calendar year in which the Participant attains age 70-1/2, incurs a Separation from Service, or suffers an approved financial hardship that results from an unforeseeable emergency. (a) Separation from Service: "Separation from Service" means the termination of a Participant's employment with the Employer within the meaning of Code Section 402(e)(4)(A)(iii). BRB\52084\300199.02 4 (b) Hardship Withdrawal: 1. Procedure: A Participant may request a withdrawal for Hardship by submitting a written request to the Retirement Board, accompanied by evidence that his or her financial condition warrants an advance release of funds and results from an unforeseeable emergency which is beyond the Participant's control. The Retirement Board shall review the request and determine whether payment of any amount is justified. If payment is justified, the amount shall be limited to an amount reasonably needed to meet the emergency. The Retirement Board shall determine the amount and form of payment. Any ' . money remaining in the account after-Hardship Withdrawal shall be distributed in accorrdance with the provisions of this Plan. 2. Hardship Defined: "Hardship" means a severe financial setback to the Participant resulting from a sudden and unexpected illness or accident of the Participant or a dependent of the Participant, loss of the Participant's property due to casualty, or other similar extraordinary and unforeseeable circumstances, arising from events beyond the Participant's control. Whether circumstances constitute an unforeseeable emergency depends on the facts of each case, but, in any case, payment may not be made to the extent that such hardship is or may be relieved: (i) through reimbursement or compensation by insurance or otherwise; (ii) by liquidation of the Participant's assets, to the extent that liquidation itself would not cause severe financial hardship; or (iii) by cessation of Deferrals under the Plan. Unforeseeable emergencies shall not include the payment of college tuition or the purchase of a residence. 3. Hardship Withdrawals After Benefit Commencement: Once regular installment payments to a Participant have commenced under the Plan, the Participant may request payment acceleration if the Participant suffers a Hardship as defined above. The Retirement Board may permit accelerated payments; however, the amount of an accelerated payment shall not exceed the amount needed to meet the emergency. Any amount remaining in the account after such accelerated payment shall be distributed in accordance with the provisions of this Plan 4.2 Benefit Commencement Date: (a) Early Commencement Date: Except for a Hardship Withdrawal pursuant to Section 4.1(b), benefit payments to a Participant shall not commence to Participants or Beneficiaries earlier than the earliest of: BRB\52084\300199.02 5 f a 1. the calendar year in which the Participant attains age 70-1/2, 2. 60 days after the Participant incurs a Separation from Service with the Employer, or 3. 60 days following the death of the Participant. (b) Participant Election: Within 60 days after Separation from Service, a Participant may make an election of a specific date for commencement of benefits, the "Benefit Commencement Date", that is the first day of a month, provided that the date • elected is not earlier than the "Earliest Benefit Commencement Date" determined under " Section 4.2(a) and is not later than the "Latest Benefit Commencement Date" determined under Section 4.2 ( fl, and may also make an election of the form of payment. The election of a Benefit Commencement Date may be changed once, provided that the election is made prior to the actual commencement of benefit distributions and the date elected is no later than the Latest Benefit Commencement Date. The election of the form of payment may also be changed once, provided that the notice of the change is received by the Retirement Board, not later than 30 days before the date on which benefit payments are to commence. (c) Failure to Make Timely Election: If a Participant fails to make an election of a date for commencement of benefits within the time period specified in Section 4.2(b), then benefit payments will commence on the first day of the month that is coincident with or immediately follows 60 days after the later of (i) the date on which the Participant attains age 60, or (ii) the date of the Participant's Separation from Service. If a Participant fails to make an election of the form of payment within the time period specified in Section 4.2(b), then the benefit will be paid in the form of a Lump Sum. (d) Spouse Beneficiary Election: Subject to Section 4.2(e), a spouse Beneficiary entitled to benefits may make a one-time irrevocable election to defer commencement of benefits to a date that is on the first day of the month that is coincident with or immediately follows the latest of the dates specified in Section 4.2(a). Such election may be made at any time prior to the Benefit Commencement Date by completing and delivering to the Retirement Board forms provided for this purpose. (e) Non-spouse Beneficiary Election: A non-spouse Beneficiary entitled to benefits may make a one-time irrevocable election to defer commencement of benefits to a date which is no later than December 31 of the year following the year of the Participant's death, or the Beneficiary may elect a later commencement date, provided that benefit payments are completed by December 31 of the year which contains the five-year anniversary of the Participant's death. (fl Latest Benefit Commencement Date: Notwithstanding any other Plan provision to the contrary, benefits for a Participant or Beneficiary shall commence no later than the later of: (i) April 1 of the calendar year following the calendar year in which the Participant attains age 70-1/2, or (ii) 60 days after the date on which the Participant incurs Separation from Service with the Employer. Notwithstanding the foregoing, the Participant BRB\52084\300199.02 6 t F may elect to defer the commencement of distribution of benefits to a fixed determinable date later than the date described above, but not later than April 1 of the year foilowing the year of the Participant's retirement or attainment of age 70-1/2, whichever is later, provided: 1. such election is made after the 61 S` day following separation from service and before commencement of distributions; and . 2. the Participant may make only one (1) such election. IVotwithstanding the foregoing, the Trustee, in order to ensure the orderly -administration of this provision, may establish a deadline after which such election to defer the commencement ' - of distribution of benefits shall not be allowed. (g) DeMinimis Accounts: Notwithstanding any other Plan provision to the contrary, if the value of a Participant's account does not exceed $5,000, and (1) no amount has been deferred under the Plan with respect to the Participant during the 2-year period ending on the date of distribution; and (2) there has been no prior distribution under the Plan to the Participant pursuant to this Section 4, the Participant may elect to receive, or the Employer may distribute, the Participant's entire account without the consent of the Participant. Such distribution shall be made in a lump sum. Section 5. Benefit Payments 5.1 Election: A Participant or Beneficiary may elect the form of payment of benefits pursuant to Section 4.2(b). 5.2 Form of Payment: A Participant or Beneficiary may elect payment in one of the following forms: (a) Lump Sum: A single payment of the entire balance in a Participant's account. - (b) Annuity: Monthly payments contingent on the life expectancy of the Participant or Beneficiary, or over such life expectancy and a guaranteed period of time. (c) Installments: Subject to the limitations of Section 5.3, monthly payments over a specified period of time or in specified annual dollar amounts. (d) Combination: A lump sum cash payment of a portion of the balance in a Participant's account, with the remainder of the account to be paid in substantially equivalent monthly installments as specified by the Participant. The election of a schedule of installment payments is irrevocable. BRB\52084\300199.02 7 . 5.3 Limitations: Notwithstanding any Plan provision to the contrary or any form of payment election, the Plan must meet the minimum distribution requirements of Code 457(d)(2) and 401 (a)(9) and the Treasury regulations thereunder. • (a) If benefits commence before the Participant's death, the Participant must elect a form under which: 1. benefits will be paid over a period not extending beyond ; the life expectancy of the Participant or the joint life expectancies- of the Participant and a designated Beneficiary, - 2. any amount payable to the Beneficiary must be distributed at least as rapidly as benefits were distributed to the Participant immediately prior to death, and 3. on the date benefits commence, the Participant is expected to receive during his/her life expectancy more than 50% of the total value of the benefits. (b) If benefits commence after the Participant's death, the entire amount payable must be distributed: 1. within the life expectancy of a spouse Beneficiary, or 2. for non-spouse Beneficiaries, within fifteen years after the death of the Participant, provided benefits commence by December 31 of the year following the year in which the Participant's death occurs, or 3. for non-spouse Beneficiaries who elect a later Benefit Commencement Date, by December 31 of the calendar year containing the five-year anniversary of the Participant's death. (c) Upon the death of a Participant whose payments have commenced, the Beneficiary shall receive further payments only to the extent provided in the . form of payment then in effect, subject to the limitations stated herein. Section 6. Beneficiaries 6.1 Designation: A Participant shall have the right to designate a Beneficiary, and amend or revoke such designation at any time, in writing. Such designation, amendment or revocation shall be effective upon receipt by the Retirement Board. Notwithstanding the foregoing, a Participant who elects a joint and survivor annuity form payment may not elect a non-spouse joint annuitant, and may not change his or her joint annuitant after payments commence. 6.2 Failure to Designate a$eneficiary: If no designated Beneficiary survives the Participant and benefits are payable following the Participant's death, the Retirement Board • BRB\52084\300I99.02 8 . may direct that payment of benefits be made to the person or persons in the first of the following classes of successive preference Beneficiaries. The Participant's: (a) spouse, (b) descendants, per stirpes, (c) parents, in equal shares, . (d) brothers and sisters, in equal shares, , (e) estate. Section 7. Amendment and Termination 7.1 Amendment: (a) The Employer may amend this Plan by transmitting such amendment in writing to the Trustee at least 30 days prior to the effective date of the amendment. The consent of the Trustee shall not be required in order for an amendment to become effective; however, the Trustee shall be under no obligation to continue to act as Trustee if it disapproves of the amendment. Except as may be required to maintain the status of the Plan under Section 457 of the Code or to comply with other applicable laws, no amendment or termination of the Plan shall divest any Participant of any rights with respect to Deferrals before the date of amendment or termination. (b) The Trustee may propose an amendment to the Plan at any time by written notice to the Employer at least 30 days before the effective date of the amendment. If the Trustee approves an amendment to the Plan, such amendment shall automatically be effective with respect to the Employer unless the Employer notifies the Trustee in writing within 60 days after the date of approval of the amendment that the Employer objects to the amendment. The Trustee shall be under no obligation to continue to act as Trustee if the Employer disapproves of any amendment. . 7.2 Termination: Although the Employer has established this Plan with a bona fide intention and expectation to maintain the Plan indefinitely, the Employer may terminate the Plan in whole or in part at any time without any liability for such termination or discontinuance. Upon termination of the Plan, the Employer shall notify the Trustee in writing of the effective date of termination of the Plan. Upon Plan termination, all Deferrals shall cease. The Trustee shall retain all Deferrals until each Participant attains age.70-1/2, incurs a Separation from Service or incurs a Hardship and benefits commence under Sections 4.1 and 4.2, in the form determined under Section 5. Section 8. Miscellaneous 8.1 General Duty of the Employer: All amounts of compensation deferred under the Plan shall be transferred to the Trust Fund established in accordance with Code BRB\52084\300199.02 9 ~ a§ 457(g). The Employer shall make regular periodic payments to the Trustee equal to the amount of its participating Employees' total Deferrals. The Employer shall have the authority to make all discretionary decisions affecting the rights or benefits of Participants unc?Pr this Plan. 8.2 Duties of the Administrator: The Administrator shall perform all nondiscretionary administrative functions in connection with tne Plan, including the maintenance of accounts on behalf of each Participant, the provision of periodic reports on the , status of each account and _the disbursement of benefits on behalf of the Employer in . accordance with the provisions of this Plan. - The Employer shall be the Administrator of the Plan, provided, that the Employer may appoint a third party administrator to perform certain administrative functions. The duties and compensation of any such third party administrator shall be by agreement between the Employer and third party administrator. 8.3 Investments: A Participant or Beneficiary of the Plan may request that Deferrals under the Plan be allocated among available investment options established by the Trustee. The initial allocation request may be made at the time of enrollment. Investment allocation requests shall remain effective with regard to all subsequent Deferrals, until changed in accordance with the provision of this section. A Participant or Beneficiary may change his or her allocation request once a month after earnings have been allocated, by notifying the Trustee in writing. Such, changes shall become effective as soon as administratively feasible. While the Trustee intends to invest Deferrals according to the Participant requests, it reserves the right to invest Deferrals without regard to such requests. 8.4 Plan-to-Plan Transfers: Notwithstanding any other Plan provision, distribution of amounts deferred by a former Participant of this Plan shall not commence upon Separation from Service, but instead shall be automatically transferred to another Eligible Deferred Compensation Plan, of which the former Participant has become a Participant, if: (a) the Plan receiving such amounts provides for their acceptance; and (b) the Participant incurs a Separation from Service with the Employer in order to accept employment with another "eligible" entity. The Trustee will accept the transfer of amounts previously deferred by a Participant under another Eligible Deferred Compensation Plan. The Trustee may refuse to accept a transfer in the form of assets other than cash. 8.5 Ownership of Assets: All amounts defened under the Plan and contributed to the Trust, all property and rights purchased with such amounts, and all income attributable to such amounts, property or rights shall be held for the exclusive purposes of BRB\52084\300199.02 10 ~ .F providing benefits to Participants and Beneficiaries and defraying reasonable expenses of administering the Plan and Trust. 8.6 Limitation of Rights; Employment Relationship: Neither the establishment of this Plan nor any modification thereof, nor the creation of any fund or account, nor the payment of any benefits, shall be construed as giving a Participant or other person any legal or equitable right against the Employer except as provided in the Plan. In no event shall the terms of employment of any employee be modified or in any way be affected by the Plan. ' 8.7 Limitation on Assignment: Benefits under this Plan may not be assigned, sold, transferred, or encumbered, and any attempt to do so shall be void. A Participant's or Beneficiary's interest in benefits under the Plan shall not be subjeet to debts or liabilities of any kind and shall not be subject to attachment, garnishment or other legal process. 8.8 Representations: The Employer does not represent or guarantee that any particular federal or state income, payroll, personal property or other tax consequence will result from participation in this Plan. A Participant should consult with professional tax advisors to determine the tax consequences of his or her participation. Furthermore, the Employer does not represent or guarantee successful investment of Deferrals, and shall not be required to repay any loss which may result from such Investment or lack of investment. 8.9 Severability: If a court of competent jurisdiction holds any provisions of this Plan to be invalid or unenforceable, the remaining provisions of the Plan shall continue to be fully effective. 8.10 Applicable Law: This Plan shall be construed in accordance with applicable federal law and, to the extent otherwise applicable, the laws of the State of Colorado. , . IN WITNESS WHEREOF, the Employer has caused this Plan to be executed by its duly authorized representative this _ day of 199_. EMPLOYER Town of Vail Witness: gy: Title: BRB\52084\300199.02 11 TOWN OF VAIL DEFERRED COMPEIYSATION • TRUST AGREEMENT (as of 1, 199_) , BRB\52084\300148.02 Exhibit B TOWN OF VAIL DEFERRED COMPENSATION TRUST AGREEMENT WHEREAS, the Town of Vail established the Town of Vail Deferred Compensation ; Plan (the "Plan") effective 1, 199 ; and WHEREAS, the Plan requires that the Plan assets be held in trust, pursuant to the Internal Revenue Code of 1986, as amended; NOW, THEREFORE, the Employer and the Trustee agree as follows: Section 1. Definitions. (a) Beneficiary: "Beneficiary" means the person(s) or estate entitled to receive benefits under this Plan after the death of a Participant. (b) Code: "Code" means the Internal Revenue Code of 1986, as amended, and including all regulations promulgated pursuant thereto. (c) Deferral: "Deferral" means the annual amount of Compensation that a Participant elects to defer receipt of pursuant to a properly executed Voluntary Salary Deferral Agreement. (d) Eligible Employee: "Eligible Employee" means any person employed by the Employer who is not a member of the Employer's police or fire department. The term "member" shall have the meaning set forth in C.R.S. § 31-31-102(4) (1986) Repl. Vol. 12(B) (1996 Cum. Supp. , as amended). . (e) Employer: "Employer" means the Town of Vaii, Colorado. ( fl Participant: "Participant" means an Eligible Employee or former Eligible Employee who is or has been enrolled in the Plan and who retains the right to benefits under the Plan. (g) Plan: "Plan" means the Town of Vail Deferred Compensation Plan dated the 15` day of , 199, as amended from time to time. (h) Retirement Board: "Retirement Board" means the board appointed pursuant to Section 2.14 of the Town of Vail Employees' Pension Plan, adopted January 1, 1994, as amended ar restated from time to time. BRB`,52084\300148.02 (i) Trust or Trust Fund: "Trust" or "Trust Fund" means the trust established pursuant to this Town of Vail Deferred Compensation Trust Agreement. . (j) Trustee: "Trustee" means the Retirement Board established, appointed and maintained by the Employer. Section 2. General Duties of the Employer: The Employer shall make regular periodic payments to the Trustee equal to the amount of its participating Employees' total Deferrals which are deferred in accordance with the Town of Vail Deferred Compensation Plan. _ - Section 3. General Duties of the Trustee: The Trustee shall hold all funds received by it hereunder, which, together with the income therefrom, shall constitute the Trust Funds. It shall administer the Trust Funds, collect the income thereof, and make payments therefrom, all as hereinafter provided. The Trustee shall also hold all Trust Funds which are transferred to it as successor Trustee by the Employer from existing deferred compensation arrangements with its Employees which meet the same Internal Revenue Code requirements which govern the Plan. Such Trust Funds shall be subject to all of the terms and provisions of this Trust. Section 4. Investment Powers and Duties of the Trustee: The Trustee shall have the power in its discretion to invest and reinvest the principal and income of the Trust Fund and keep the Trust Fund invested, without distinction between principal and income, in such securities or in other property, real or personal, wherever situated, as the Trustee shall deem advisable, including, but not limited to, stocks, common or preferred, bonds, retirement annuity and insurance policies, mortgages, and other evidences of indebtedness or ownership, and in common trust funds of approved financial or investment institutions, with such institutions acting as Trustee of such common trust funds, or separate and different types of funds (accounts) including equity, fixed-income, and those which fulfill requirements of state and local governmental laws, established with such approved financial ar investment institutions. For these purposes, this Trust Fund may be commingled with others established by the Trustee -under this form of agreement with other Employers. In making such investments, the Trustee shall not be subject at any time to any legal limitation governing the investment of such funds. Investment powers and investment discretion vested in the Trustee by this Section may be delegated by the Trustee to any bank, insurance or trust company, or any investment advisor, manager or agent selected by it. Section 5. Investments: A Participant or Beneficiary of the Plan may request that Deferrals under the Plan be allocated among available investment options established by the Trustee. The initial allocation request may be made at the time of enrollment. Investment allocation requests shall remain effective with regard to all subsequent Deferrals, until changed in accordance with the provisions of this section. A Participant or Beneficiary may change his or her allocation request at the end of each calendar month pursuant to procedures established by the Trustee, by notifying the Trustee in writing. Such changes shall become effective as soon as administratively feasible. While the Trustee intends to invest Deferrals according to BRB\52084\300148.02 2 the Participant requests, it reserves the right to invest Deferrals without regard to such requests. Neither the Employer, the Trustee, nor any other person shall be liable for any losses incurred by virtue of following such directions or with any reasonable administrative dela,,,! in implementing such directions. Section 6. Administrative Powers of the Trustee: The Trustee shall have the power, in its discretion: . (a) To purchase, or subscribe for, any securities or other property and to retain the same in trust. (b) To sell, exchange, convey, transfer or otherwise dispose of any securities or other property held by it, by private contract, or at public auction. No person dealing with the Trustee shall be bound to see the application of the purchase money or. to inquire into the validity, expediency, or propriety of any such sale or other disposition. (c) To vote upon stocks, bonds, or other securities, to give general or special proxies or powers of attorney with or without power of substitution; to exercise any conversion privileges, subscription rights, or other options, and to make any payments incidental thereto; to oppose, or to consent to, or otherwise participate in, corporate reorganizations or other changes affecting corporate securities, and to delegate discretionary powers, and to pay any assessments or charges in connection therewith; and to generally exercise any of the powers of an owner with respect to stocks, bonds, securities or other property held as part of the Trust Funds. (d) To cause any securities or other property held as part of the Trust Funds to be registered in its own name, and to hold any investments in bearer form, but the books and records of the Trustee shall at all times show that all such investments are a part of the Trust Fund. (e) To borrow or raise money for the purpose of the Trust in such amount, and upon such terms and conditions, as the Trustee shall deem advisable; and, for any sum so borrowed, to issue its promissory note as Trustee, and to secure the repayment thereof by pledging all, or any part, of the Trust Funds. No person lending money to the Trustee shall be bound to see the application of the money lent or to inquire into its validity, expediency or propriety of any such borrowing. (fl To keep such portion of the Trust Funds in cash or cash balances as the Trustee, from time to time, may deem to be in the best interest of the Trust created hereby, without liability for interest thereon. (g) To accept and retain for such time as it may deem advisable any securities or other property received or acquired by it as Trustee hereunder, whether or not such securities or other property would normally be purchased as investments hereunder. BRB\52084\300148.02 3 (h) To make, execute, acknowledge, and deliver any and all documents of transfer and conveyance and any and all other instruments that may be necessary or appropriate to carry out the powers herein granted. (i) To settle, compromise, or submit to arbitration any claims, debts, or damages due or owing to or from the Trust Funds; to commence or defend suits or legal or administrative proceedings; and to represent the Trust Funds in all suits and legal and administrative proceedings. (j) To do all such acts, take all such proceedings, and exercise all such rights and privileges, although not specifically mentioned herein, as the Trustee may deem necessary to administer the Trust Funds and to carry out the purposes of this Section. Section 7. Distributions from the Trust Funds: The Trustee shall make benefit payments from the Trust Fund to Participants in accordance with the provisions in the Plan for distribution of benefits. Section 8. Valuation of Trust Funds: At least once a year, as of valuation dates designated by the Trustee, the Trustee shall determine the value of the Trust Funds. Assets of the Trust Funds shall be valued at their market values at the close of business on the valuation date, or, in the absence of readily ascertainable market values as the Trustee shall determine, in accordance with methods consistently followed and uniformly applied. Section 9. Evidence of Action by Employer: The Trustee may rely upon any certificate, notice or direction purporting to have been signed on behalf of the Employer which the Trustee believes to have been signed by a duly designated official of the Employer. No communication shall be binding upon any of the Trust Funds or Trustee until they are received by the Trustee. . Section 10. Advice of Counsel: The Trustee may consult with any legal counsel with respect to -the eonstruction of the Plan or Trust, its duties hereunder, or any act, which it proposes to take or omit, and shall not be liable for any action taken or omitted in good faith pursuant to such advice. Section 11. Miscellaneous: The Trustee shall use ordinary care and reasonable diligence, but shall not be liable for any mistake of judgment or other action taken in good faith. The Trustee shall not be liable for any loss sustained by the Trust Funds by reason of any investment made in good faith and in accordance with the provisions of this Section. The Trustee's duties and obligations shall be limited to those expressly imposed upon it by this section, notwithstanding any reference of the Plan. Section 12. Taxes: The Trustee shall deduct from and charge against the Trust Funds any taxes on the Trust Funds or the income thereof or which the Trustee is required to pay with respect to the interest of any person therein. BRB\52084\300148.02 4 V Section 13. Expenses: The Trustee shall deduct from any charge against the Trust Fund all reasonable expenses incurred by the Trustee in the administration of the Trust Fund, including counsel, agency and other necessary fees. Section 14. Settlement of Accounts:. The Trustee shall keep accurate and detailed accounts of all investments, receipts, disbursements, and other transactions hereunder. (a) Accounts shall be valued at least quarterly each Plan Year •and each Participant shall receive written notice of his or her account balance following such valuation. Account balances shall reflect the Deferral amount, any earnings attributable to such amount, • and shall be reduced by administrative, investment and other fees attributable to such amounts. (b) Within 90 days after the close of each fiscal year, the Trustee shall render to the Employer an accounting of its acts and transactions as Trustee hereunder with respect to each Employer participating in the Plan. If any part of the Trust Fund shall be invested through the medium of any common, collective or commingled trust funds, the last annual report of such trust funds shall be submitted with and incorporated in the account. (c) If within 90 days after the mailing of the account, or any amended account, the Employer has not filed with the Trustee notice of any objection to any act or transaction of the Trustee, the account or amended account shall become an account stated. If any objection has been filed, and if the Employer is satisfied that it should be withdrawn or if the account is adjusted to the Employer's satisfaction, the Employer shall in writing filed with the Trustee signify approval of the account and it shall become an account stated. (d) When an account becomes an account stated, such account shall be finally settled, and the Trustee shall be completely discharged and released, as if such account had been settled and allowed by a judgment. or decree of a court of competent jurisdiction in an action or proceedings in which the Trustee and the Employer were parties. The Trustee shall have the right to apply at any tirne to a court of competent jurisdiction for the judicial settlement of its account. Section 15. Resignation of Trustee: The Trustee may resign at any time by filing with the Employer its written resignation. Such resignation shall take effect 60 days from the date of such filing and upon appointment of a successor pursuant to Section 17, whichever shall first occur. Section 16. Removal of Trustee: The Employer may remove the Trustee at any time by delivering to the Trustee a written notice of its removal and an appointment of a successor pursuant to Section 17. Such removal shall not take effect prior to 60 days from such delivery unless the Trustee agrees to an earlier effective date. Section 17. Appointment of Successor Trustee: The appointment of a successor to the Trustee shall take effect upon the delivery to the Trustee (a) an instrument in writing BRB\52084\300148.02 5 C f executed by the Employer appointing such successor, and exonerating such successor from liabiliry for the acts and omissions of its predecessor, and (b) an acceptance in writing, executed by such successor. All of the provisions set forth herein with respect to the Trustee shall relate to each successor with the same force and effect as if such successor had been originally named as Trustee hereunder. If a successor is not appointed within 60 days after the Trustee gives notice of its resignation pursuant to Section 15, the Trustee may apply to any court of competent jurisdiction for appointment of a successor. Section 18. Transfer of Funds to Successor: Upon the resignation or removal of ' . the Trustee and appointment of a suceessor, and after the final account of the Trustee•has been properly settled, the Trustee shall transfer and deliver any of the Trust Funds involved to such successor. Section 19. Plan-to-Plan Transfers: Notwithstanding any other Plan provision, distribution of amounts deferred by the former Participant of the Plan shall not commence upon Separation from Service, but instead shall be automatically transferred to another Eligible Deferred Compensation Plan, of which the former Participant has become a Participant, if: (a) the Plan receiving such amounts provides for their acceptance, and (b) a Participant incurs a Separation from Service with the Employer in order to accept employment with another "eligible" entity. This Trust will accept the transfer of amount previously deferred by a Participant under another Eligible Deferred Compensation Plan. The Trustee may refuse to accept a transfer in the form of assets other than cash. Section 20. Duration and Revocation: This Trust shall continue for such time as may be necessary to accomplish the purpose for which it was created. The Trust may not be terminated until the date on which no Plan Participant is _entitled to any benefits under the Plan. Upon termination of the Trust, any remaining assets shall be returned to the Employer. The Trust may be revoked only if the Internal Revenue Service determines that the Plan is not an eligible deferred compensation plan under Internal Revenue Code Section 457. In all other instances, the Trust is irrevocable. Termination of this Trust shall not, however, relieve the Employer of the Employer's continuing obligation to pay deferred compensation upon the applicable distribution date to any and/or each Employee with whom the Employer has entered into a Voluntary Salary Deferral Agreement. Section 21. Amendment: The Employer shall have the right to amend the Trust in whole and in part but only with the Trustee's written consent. Any such amendment shall become effective upon (a) delivery to the Trustee of a written instrument of amendment, and (b) the endorsement by the Trustee on such instrument of its consent thereto. BRB\52084\300148.02 , 6 Y 4 . r * Section 22. Ownership of Assets: All amounts deferred under the Plan and contributed to the Trust, all property and rights purchased with such amounts, and all income attributable to such amounts, property or rights shall be held €or the exclusive purposes of pro~iding benefits to the Participants and Beneficiaries and defraying reasonable expenses of • administering the Plan and this Trust. All amounts contributed to the Trust shall be held as a separate and distinct trust for each Employer's employees and former employees who are Participants in the Plan and their beneficiaries. However; Trust funds of several employers may be commingled for investment purposes, provided that the Trustee maintains an accounting reflecting the Trust . funds held on behalf of each Employer's employees. Section 23. Anti-Alienation: Benefits to Participants under the Plan and this Trust Agreement may not be anticipated, assigned, alienated or subject to attachment, garnishment, levy, execution or other legal or equitable process. If a court of competent jurisdiction holds any provision of this Trust to be invalid or unenforceable, the remaining provisions of the Trust shall continue to be fully effective. This Trust shall be construed in accordance with applicable federal law, and to the extent otherwise applicable, the laws of the State of Colorado. IN WITNESS WHEREOF, the undersigned parties have executed this Trust Agreement on , EMPLOYER: TOWN OF VAIL , By: Its: TRUSTEE, By: Its: BRB\52084\300148.02 7 ~ i1~E~;t~i.~ ! 4,t - y8 ~l•1Y,ut. wq a Lionshead Master Plan Final Draft Revisions Submitted By Design Workshop to the Vail Town Council on December 1, 1998 The following revisions have been rnade to the Final Draft version of the Lionshead Master Plan pursuant to comments from the public, the Town of Vail Community Development Staff, the Planning and. Environmental Commission, and the Vail Town Council. In addition the document has been reviewed for typo's, grammar, and other non-substantive editing issues. 1. Responses to Planning and Environmental Commission Comments 1. Language strengthened in chapter four regarding the potential creation of community oriented office space in the west Lionshead area. (section 4.1.5). 2. Language verified regarding the recommended north-south orientation of buildings in new development (section 4.3.1.2). 3. Paragraph added to chapter four regarding future considerations and potential impacts of either the bridging or burying of Interstate 70 (section 4.6.1). 4. Language strengthened recommending a study of the parking pay-in-lieu fee and other parking regulatory requirements (section 4.8.e, and 9.5.4). 5. Figure added depicting alternative redevelopment of Lions Pride building area (figure 5-7a). 6. Figure added depicting potential vertical development above the North Day Lot transportation center (figure 5-13a). 7. Language added into chapter six, Site Design Guidelines, strengthening the role of landscaping in the . Lionshead pedestrian/ retail core area (section 6.1.6). 8. Language changed in chapter nine to recommend the immediate formation of a DDA or other appropriate TIF financing district upon adoption of the plan (section 9.5.3). 9. Map "W"- Housing- has been modified to reflect the opportunity for policy based attainable housing infill within the overall Lionshead area. II. Responses to Town of Vail Staff Comments 1. Paragraphs added to chapter four (section 4.11) and chapter six (section 6.1.7) regarding importance and role of public art in Lionshead. 2. The Site Design Guidelines have been modified to include the description of a"Vehicular Pedestrian Retail Street" (section 6.5). 3. Appendices included in Table of Contents 4. Table of Contents updated to reflect all new revisions and page numbers. 5. Design Review Board added to opening acknowledgements section. III. Responses to Public Comments 1. Language strengthened in chapter four regarding the recommended land usage of west Lionshead as a "high density mixed use environment" (section 4.1.5). 2. Language added to chapter four stating that the potential service and delivery facility on the west end of the Lionshead Parking Structure shall be screened from adjacent residential properties (section 4.7.3.1 b). 3. Language added to chapter four regarding the importance of the eastward view towards the Vail Village across the top of the Lionshead parking structure (section 4.8.3.3). 4. Language strengthened in chapter five regarding the impartance of the pedestrian plaza on the south side of the potential Vail Civic Center, and how it should link togethea- al] components of the Civic Ce,nter complex (the new civic center, Dobson Ice Arena, and the Vail Public Library, section 5.1.3.1 b). 5. Language added to chapter five stating that service and delivery traffic to the potential Vail Civic Center should first access off of the South Fr-ontage Road, and any other delive,ry traffic be distributed evenly on East Lionshead Circle and West Meadow Drive (section 5.13.1.f). 6. Language added to North Day Lot transportation center stating that all impacts to adjacent property owners of the potential transportation center should be considered and mitigated (section 5.9). 7. All references to the "Lionshead Civic Center" changed to the "Vail Civic Center". IV. Responses to Vail Town Council Comments 1. Vail Village existing retail square footage added to chapter three (section 3.2.2). 2. Language added in chapter four to state that all future development in west Lionshead shall provide for its own service and delivery requirements on-site (section 4.1.5). 3. Language added to strengthen definition of public view corridors (section 4.4.1.2 and figure 4-2, section 4.4.2.2, section 4.4.2.3). 4. Language verified in chapter four that provisions are recommended for the difficult left-turn movement out of East Lionshead Place onto the South Frontage Road (4.5.3.3). 5. Language strengthened in chapter four that the South Frontage Road widening depicted on the Lionshead Master Plan graphic is one potential improvement scenario, and all potential alternatives regarding the South Frontage Road should be considered when these improvements are required. In addition, the paragraph not stipulates that visual impacts and community preferences should be a part of the eventual road design process (section 4.6.2.2). 6. Language changed in chapter four regarding parking guidelines to state that parking is encouraged to be "below ground" rather than "should disappear" (section 4.8d) 7. Paragraph added to chapter four regarding a youth or children's recreation area (section 4.12). 8. Paragraph added to chapter five regarding potential replacement locations for the Tourist Information Center building (section 5.3). 9. All Public View Corridor numbers and references corrected to correlate with photographs and map. 10. Forest Road "tennis court" section deleted from document 11. Deleted "tennis court" section removed from table of contents 12. GRFA recommendation deleted from chapter three, is found only in chapter seven. 13. Math errors in chapter nine corrected. V. Pending Revisions The following revisions became known after the printing of the most recent draft. It is the intention of the master plan team to incoiporate the following changes: 1. GRFA. The GRFA clause in chapter seven will be updated pending comiiient and direction fi-oM tlie Vail Toum Council. 2. Architectural Design Guidelines- This component of the plan will be updated pending comment from the Design Review Board. Specifically, the issue of calculation of average building height will be reworked so that the average is calculated in elevation, not in plan. This is to insure that the intent of creating varied peak roof heights is met. 3. Figure 5-1 1 and 5-12. Remove the reference to "access from Landmark Townhomes and Transportation Center." The current vertical circulation con-idor in this location is for the private use of the property and should remain so. 4. Modify the build-to line definition in the area between the south face of the Landmark Retail and the existing Sunbird Lodge so that the corridor defined by the build-to lines is centered on Tract C. In ottiel- words, the build-to line.s in this east-west coa-ridor will iinpact borh the Vail Associates property and the Landniaj-k Retail propert_y equally. % u ly TOWN OF VAIL 1309 vail Yalley Drive Art in Public Places Yail, Colorado 81657 970-479-2344 Fax: 970-479-2166 November 23, 1998 Vaii Town Council Town of Vail 75 South Frontage Road Vail, CO 81657 Dear Town Council, . After reviewing the Lionshead Master Plan, the Art in Pubiic Places board would like to include references to artwork in the following areas: 1.3.2. Pedestrian Circulation. 2.3.2. Vitality and Amenities. 4.10 Gateways, Landmarks and Portals - Reference artwork in each category throughout the section. 6.2.6. Artwork - Refer to paragraph 6.1.7, similar to signage 6.2.4. '6.3.7. Artwork - Refer to paragraph 6.1.7, similar to signage 6.2.4. 6.7 Compliance with Town of Vail, Art in Public Places Master Plan (New Section.) Chapter 8 Mention art in the second paragraph, page 8-1: "Visually dynamic variation at the pedestrian level can help avoid a monotonous streetscape, and judicious use of ornament, detail, artwork and color can reflect individuality and establish a variety of experience." 4.1.2.4 Landmarks, page 8-10 "Landmarks are most successful when they serve special functions such as bell towers, clock towers, or public art, rather than being self serving." 4.1.3.2 Public and Private Domain, page 8-12 "This may be accomplished through thoughtful design of visual and artistic elements such as signage, window disp(ays, shopfront lighting, and the like, and physical elements such as columns, plantW, or artwork. RECYCLEDPAPEI? Vail Town Council November 23, 1998 Page 2 Thank you for incorporating the following comments into the Lionshead Master Plan. _ The mention of artwork in these specific areas will bui{d awareness and encourage.art as an integral component of the redevelopment process. Sincerely, - - Kathy Langenwalter Kyle Webb Nancy Sweeney AIPP Chairperson Chair AIPP Master Plan AIPP Coordinator CC: Vail Town Council PEC Town of Vail Staff Design Workshop Zehren and Associates ~y TOWN OF YAIL Department of Public Works & Transportation 1309 Elkhorn Drive ' Vail, Colorado 81657 970-479-2158/Fax: 970-479-2166 . . • . . TM November 25, 1998 Mr. And Mrs. Ronald Kovener 17 Vail Road ,#2 Vail, CO 81657 Dear Mr. And Mrs. Kovener, I am responding to your letter regarding the bus service provided for Ford Park special events this past summer. Although I am concerned about your negative perception regarding the bus service, I do not believe the Town of Vail has been uncooperative or unresponsive, especially in addressing the parking and transportation situation at Ford Park. It has been evident for many years that the usage demands are far greater than the capacity at Ford Park. Thus the Ford Park Master Planning Process was begun to address this problem. Studies done during this process concluded that additional parking was needed, but the user groups and the general public made is clear to the Vail Town Council that making accommodations for more parking at Ford Park would not be tolerated. In being responsive to the wishes of the public, the Ford Park Master Plan was adopted with no additional parking provisions. Without additional spaces, managed parking became a necessity and a reality this past summer. Also, the Town of Vai1 spent $14,000 providing increased bus service to Fard Park far special event transportation. On the Frontage Road side, Ford Park was added as a regular stop on the Intown Route. On the Vail Valley Drive side, additional buses were scheduled to accommodate the events at Ford Park. Both sides provided service through the conclusion of the events on an average frequency of every 15 minutes. RECYCLEDPAPER ~ . ! ~ LETTER TO MR. & MRS. KOVENER ~ November 25, 1998 ; Page 2 j ~ ~ Again, I apologize for any inconvenience people may have experienced waiting for a bus in bad weather, but I do believe that Town is doing its part in providing additional service that is comprehensive and responsive to the needs of the community. Sincerely, ~ 3 Larry . rafel, Di ctar Department of Public Works/Transportation cc: Bob McLaurin, Town Manager Pam Brandmeyer, Assistant Town Manager Vail Town Council Mike Rose, Transit Superintendent ~y TOWN OF VAIL 75 South Frontage Road Vail, Colorado 81657 970-479-2100 FAX 970-479-2157 MEDIA ADVISORY November 24, 1998 . . . Contact: Andy Knudtsen, 479-2440 • Senior Housing Policy Planner ' Kris Widlak, 479-2454 Housing Coordinator THREE VAIL COMMONS UNITS UP FOR RESALE WITH LATEST VAIL HOUSING LOTTERY Appiications are due at 12 noon Dec. 4 for those interested in bidding on one of three resale units at the Vail Commons affordable housing development in West Vail. The three units each have 992 square feet, two bedrooms and two parking spaces. These homes are the second round of units to be resold within the 53-unit complex since construction was completed in 1996. All three homes will be available for occupancy in January 1999. Qualifying first-time home buyer applicants are asked to submit a bid, as well as proof of residency and employment within Eagie County. Priority will be given to the highest bidder (not to exceed the maximum resale price), followed by points awarded for longevity of residency and employment within Eagle County. Current and consecutive years within Vail's boundaries will be weighted three-to-one over down valley residency and employment. If needed, the Town of Vail wiN conduct a lottery at 7 p.m. on Dec. 16 in the Council Chambers to award the units. The maximum resale prices for the three units are as follows:' 2092 F Zermatt Lane $117,121 - 2092 A Zermatt Lane $116,322 2094 A Zermatt Lane $114,488 The difference in maximum resale prices is due to owner upgrades. Applications are available from the Town of Vail Community Development Department. Earlier this month, the Town of Vail received two bids from qualifying applicants for resale of a three-bedroom Vail Commons units. The bid was awarded to the Ethan Moore family (who currently live in a two-bedroom unit at the Commons) based on points awarded for longevity. Andy Knudtsen, the town's senior housing policy planner, says the recent turnover in units at Vail Commons is to be expected. "A turnover rate of eight percent over the last two years is actually less than we expected," he said. "In this case, these residents have said they have been enjoying their homes, but are leaving because their jobs have taken them outside Eagle County. One resident said she wants to replicate her home in a development in Summit County , where she'll be heading up a new program for Colorado Mountain College." For more information, contact Knudtsen at 479-2440 or Kris Widlak at 479-2454. ' # # # RECYCLEDPAPER \ 11 l~ TOWN OF VAIL 75 South Frontage Road Vail, Colorado 81657 970-479-2100 FAX 970-479-2157 FOR IMMEDIATE RELEASE November 24, 1998 ` Contact: Bob McLaurin, 479-2105 Andy Knudtsen, 479-2440 Vail Town Manager Senior Housing Policy Planner TOV HOUSING PLANNER TO MAKE TRANSITION FROM PUBLlC T4 PRIVATE SECTOR WITH PERMANENT RELOCATION TO DENVER (Vail)--Andy Knudtsen, the Town of Vail's senior housing policy planner since 1994, has submitted his resignation from the town effective Dec. 1 to pursue a career in the private sector. He's agreed to continue in a consulting capacity for the town during a search for his replacement. In December, Knudtsen will move to Denver on a permanent basis to join his wife of one year, Sheila, who lives and works there. "With my wife's established career in Denver, this arrangement with the town will not only enable me to provide continuity with the TOV, but also to invest in my marriage," Knudtsen said. Town Manager Bob McLaurin says Knudtsen will be missed. "Andy's contributions to this community have been extraordinary and will stand the test of time," McLaurin said: "Andy epitomizes our organizational values in that he'll not only leave as a better person than when he first came here, but the town will be better for it, as well. We're fortunate he's agreed to stay on as long as needed to assist with the transition." Knudtsen, a native of Colorado Springs, joined the Town of Vail in 1990 as a planner in the Community Development Department. His early planning work on the Vail Commons project landed him a promotion to the newly-created senior housing position within the department. Since then, Knudtsen has been responsible for helping to break ground on 95 town-sponsored housing units in Vail, with the potential for more units through the Common Ground process. . (more) RECYCLEDPAPER Add 1/Knudtsen "I'm pleased to have been given the opportunity to create solutions for such a critical issue in the community," Knudtsen said. "Hearing the individual stories of the locals who now have their own homes in Vail convinces me that these efforts are central to the long-term success of Vail as a community." _ Knudtsen will continue to serve as project manager for the'ongoing Common Ground.process: ' A national search for his replacement will begin immediately. Once the transition is in place, Knudtsen says he intends to work from Denver as a consultant focusing on housing development, specifically real estate economic analysis, market studies and local government approval processes. "Although it has been controversial at times, I've enjoyed my interaction with the people in Vail," Knudtsen said. "I have always believed that both sides of the affordable housing debate stem from people's deep convictions and commitment to this community. That's what I'll miss the most." Community Development Director Russell Forrest says Knudtsen will be remembered for his positive "can do" attitude, leadership and innovative thinking. # # # r Thursdav, November 19, 1998 ~ ~ G Controversial housin plan'F,,' . . g ets light in Vail, . g green By Steve Upsher • aches, these kinds of issues to deal with," oenver Posc scett wrfter ' sald the town council's Ludwig Kurz. VAIL - The Val! Town Council on "But Ithing the process has been fair, Tuesday appmved the first stz units of and we're being responsive to the needs subsldized huusing as part of a oontrover- of the communlty for the future." stal plan for 17 vacaat land parcels After months of wrangling in public : throughout the resort commonity. meetings and worg sessions, the council Thia is the first project of a much gave the green light- to develop the lot at larger plan," sald Andy Rnudtsen, the the lntersection of Arosa and Garmisch : t town'a senior housing policq planner. "It drlves, aeat door to the town-owned waa auccessfut. We showed we can IIsten house provided to the town manager. and achieve compromises,'~ But in a concession to critics of the Known as Common Ground, the project West Vail site, the town will build only ~ was initiated to develop as many as 1,600 sia homes, tikely in the form of standard , beds for workers who otherwise cannot dupleaes surrounding a park, rather than ; a lt hasia'ttt8cted nationwide Prices. ~e elght units that orlginally were pra But i becau* of vehement objectlons frnm ea- posed as elther a stylish eight-pleg or retro townhomes. Isting homeowners worrled about densi- «I ~ if 're to do a viablel ty, property values and We propriety of a p~.~ ~d housioung (togoinether), you can't da' public-housing project" oa what many it with eight units. You're going to have thought would be park land. ' "There w111 be these kinds of h"rt- Please see POUSING on 80 , . ~ THE DENVER POST V,ail town c ' ouncil gives green light, fo rirst part of controversial plan F#OUSING from Page 66 with his wife, Tessa. "If anything, the need for affordable housing for try to speed up the process, be- town workers has grown critical. totio it with sig or four units," said cause the demand is there." ' "In all honesty, people will be- ron Brown, a real-estate agent Opponents of the housing plan, lieve the town would be going back once sold the parcel and con- accused of espressing a"not in my on its word if it bnilds housing pur- fiMed, to critics' cha grin, that it bac kyar d" - N I M B Y - sen ti- c hase d wit h RETT funds, even if a4ways had been zoned for housing. ment, say they believed the lots the fund was reimbursed," he said. :The meeting was particularly were to be parks and that the proj- Taking critics to task for filing nUable, because for the first time, ect was jammed down their lawsuits against the project, Ford po)ect supporters - including throats. said the debate now centers specif- residents ot the town's lost subsi- "IYs not like we're ritzy NIM- ically on what to build on the par- dMed housing project, the 53-unit BYs," said Vail resident Flo Ha- cels, rather than the "housing vs. ViLll Commons - countered blow- benicht. "The whole process, I feel, no housing." fop.blow the vocal critics of the has not been one of openness." To that end, the town had three plan, who have continually ha- Many said they favor affordable architectural firms draft prelimi- ramgued town officials and filed housing but don't want it at the eg- nary 'designs for the project, al- three lawsuits. pense of open space in the narrow though they didn't settle on one. -'q am one of those big bad boog- valley along Interstate 70. Jerry Seracuse of Colorado ejCMen who wants to move into "You have pitted housing against Springs presented a stone-and- yqgr neighborhood," joked J.R. Ru- parks as if these two things were glass "eight-plex" to be nestled in lapaugh, a restaurant manager. mutually exclusive," said Sally trees on the east side of the parcel. "We're just regular folks, too." Jackle, one of the lead critics. "Be- Architects John Wolff and Tom He surveyed his neig6bors and fore you take away open space and Lyon proposed three clustered du- fopnd a cross-section of teachers, parks, why don't you look at other pleses on the west sIde and one on aceountants, police officers, chefs, options?" the east side. And Kirk Aker and retailers and homemakers who so- A legal argument against th'e Karl Krueger displayed two four- cialize regularly, volunteer and plan is that many parcels were unit townhomes. contribute to the sense of commu- bought in part with real-estate But for council member Michael ' nity in Vail. transfer tases, earmarked for Jewett, an outspoken opponent. of I would like to see other people parks and open spaces. the project, the designs were a have the opportunity that I've had "I strongly object to any housing waste of time, given their small te,be able to afford to purchase a being built on land that was pur- scale, the huge housing needs and tiftse in Vail," said Vail Commons chased with RETT funds," said the political controversy. resident Ellen Miller, a health-club Karin Scheidegger, who is building "Why are we going after eight employee. homes on three lots near the site. units on a politically sensitive plot, , The controversy surrounding "Many, many people in my neigh- spending thousands of dollars? Cpmmon Ground has even spawned borhood thought this was going to We should be pushing 100 units, 200 . a-mw group to support it, the Ea- be a park and open space." units, 300 units on the bigger par- g[e. Valley Affordable Housing As- Mayor Rob Ford acknowledged cels that we own," he said. "We're • sociation. the complaints, but said only 20 just spinning our wheels going af- ';`"We. urge you to continue with percent of the West Vail site was ter this number of units." your efforts," said $teven Kirch- purchased with RETT funds, that He cast the lone dissenting vote ne4 who founded the organization the fund was reimbursed, and that amid a growing tide of support. ~ 1-0B Thursdav, November 19 ~ ` ~ ' William Dean Singleton, Chairman Ryan McKibben, Publisher, ChiefExecutive Officer THE Dennis A. Britton, Editor,.Executive VP Jeanette Chavez, ManagingEditor l~TE~I ~,VmT SueO'Brien,EditoroftheEditorialPage . 1~Jn ' Frederick H. Anderson, VPFfnanoe D('~~ Thomas J. Botelho, VPMarketing ~ 1 IJIJ 1 Frank Dixon, VPOperations • Carol H. Green, VPHuman R.esvpires Founded 1892 Steve Sparks, YPCirnilation Allen J. Waiters, VPAdvertising . ~ ~ LETTE " Rs FAxEs & E-MAIL ~ 1A • • • . : . Tax hypocrisy come families who work or own shops Glenn's objections to a housing d .3 i in Vail and are there a1T year, in con- opment in upscale Vail was prnb 9. The Nov. ll article "A chance to own trast to the vast majority of second , more intense than it would have o a home in Vail" upsets me as I read homeowners who are in Vail two or had my tas dollars not just beeg w where our esteemed astronaut, former four weeks a year. Is this a correct ed on his recent space flight. Thls , pilot and senator from Ohio, with aspi- stance for an "American hem" and a ro" of the space world, who a a rations of being president of our great U.S. senator? home in Vail, attempted to use his country, criticizes giving subsidized CLARE FREEDM.aiN er and fame to prevent housing housing to workers who pay tages. Englewood built near his home. He pmtested Hasn't this piush life Sen. Glenn and his velopment that would have seta~ family enjoy been subsidized by all Flight subsidized Sig townhomes in an 18-unit projec~t ~ workers of America who pay tages? be sold to working families in the c~I4g All his life's work has been paid for John Glenn has proven that one can, munity. This is housing for mi indeed, go home again - but only if class Americans in a communi y workers paying tages so he can en- you have enough power and influence desperately needs housing for e b joy a few months or weeks in his plush home in the to persuade those in charge of a mis- ple who enable it to function. I z' Potato Patch Area in Vail. sion to allow ou to o. ANNE M. SLOBKO y g his right to do this, but I wonder a - Denver Please don't tell me it was for sci- willingness to use tas money for ence. John Glenn persuaded NASA to venture while denying economic brr"a". : No talk for a hero ~clude him as part of the flight crew, to those not in his elite status. g~ j, then the job description was written to please understand, I don't resent,~ : John Gienn an American hero? I was fit the man. Many of us would love to space prngram. I resent my tages !~h distressed to learn that John Glenn a relive the glory and euphoria of deeds wasted subsidizing John Glenn's w~ homeowner in Vail at the Potato Patch ~d esperiences well done, b'~t most of relive his youth. You did ga h4iq01 Area, objected strenuously to the place- us do not possess the influence or re- again, John Glenn, but you prnb~y ment of "lower-income" homes adja- ~~es to do so. Some of us might even ~ouldn't have. 3 cent to his property. In reality, these recognize this desire as purely selfish. GLORIA GABQ~~3 ; homes aze for purchase by middle-in- My anger at hearing about John ~ ~ { - 4, R,~.~C,rRt/r-n e. KIDFOCUS 179 , ~ --Q - • ~ ` . ~ i • Open our mind open yot~r worrd y , AN INNOVATIVE CONFERENCE fCIR TEACHERS, Dl1YCARE PROVtDERS AND PARENTS Xeynote.• Steve Spang/er DA7E: J1INUARY 23,1999 TlME: 7:00 AM - 4:00 PM LOCATfON~ BROADWAY EtEMENTARY SCH40L 2248 BROADWAY . . GRAND JtINCTiON, CO 81503 (970) 263-0124 FEE: $45.001F FORMS ARE RETURNEb 8Y DECEMBER 15,1998 $50.00 !F FORMS ARE RETURNED BY JANIIARY 101999 $40.00 PER PERSON IF 4 OR M4RE PEOPtE REGIS7ER FROM ONE CENTER UR SCHOOL. (A $5.00 service fee wUl be charged lbr any registration postmarlced later thon JANUARY 15,1999) Workshops wi11 cover the following toplcs Business Management Behavior Managemen# Child llbuse Music b Movement Hands on Art Daycare Networecing Hands on Science Developmentally AWropriate Practice Kindergarten Readiness Family Reladonships b Communication Attention deflcit dtsorder Heaith Nlanagement *Fams wiN be wwiWe lbr Teachers, and Daycare prov4ders lbr credit hour Instruction lbr Certiflc.Qt1of1 a1d IiCeT1sit19. (fi Ct'edit hO111's fi0i" tult dQkj uttendallCe) A`99 . . AN INNOYATlVE CONFERENCE FOR TEACHERS, DAYCARE PROVIDERS AHD PARENTS Conference Schedute: Jonuory 23, 1999 7:00 am - 5:00 am Registration b Coffee / Rolis 5:00 am - 9:10 am Wetcome & Keynote Speaker Steve Spongler 9:15 dm -10.30 am First Workshop Sessian 10:45 am -12:00 pm Second Workshop Session , 1200 am -1:00 pm LtINCH & VENDOR VIStTAT14N tunch provided by Subway Sandwiches 1:00 pm - 2:15 pm Third WoMcshop Session.- 215 pm - 3:30 pm Fourth Workshop Session 3.30 pm - 4:00 pm Ciosing & Doorprizes *Hotet arrangements Notiday inn 755 Nori'LOn Drive Rate: $50.00 per night for 2 double beds Please mention that you are with KIDFOCtJS 199 when making reservations Toll Free: 1•U8-489-9796 KIDFOCUS'99 f1N tNNOVATiVE CONFERENCE FOR TEACHERS, DAYCARE PROVtDERS AND PARENTS Registrotfon Form AIAME _ Center or Schoo/ nome Addness Phvne Pleose che+ckhere fir yeget~ lunch *P/ease make coples of thIs form ff more than one person wLees to attend K/DFOCUS 099. Plevse send checK or mone y ader cmd Registrotlrin Foirn ta: K/DFOCUS '99 2248BROADWAY GRAND JUAfCTlON, CO? 81503 You wiil not receive a confirmation of registration. Your canceNed check is your confNmation. If you have any questions, please cali: 5heryi Fisher (970) 263-0124 , + r KIdfOCtJS ~r'-IA I'E PA1D 2248 Broaday ~ cil CO Grand Junctton, C0 8150-A Attn. Town Council Members Town of Vai I 75 S. Frontage Rd. Vnil, CO 81657 , A L Page 26-The Dlai/Y, TLmoday. November 10, 1998 t Letters to theeditor should be no Publisher: Ro6ert L&own ~ more thon 300 words ond are subjed EdRor: Mott FuhS C (0) ~A~ N ~A i to editing. Letters longer thaa 300 - words moy not be publ'ahed. ' - • • The West s ou we come Aspe . nization Across the Rocky Mountain West living departments, greater than the and a fla[ refusal to accept things such growth-controi that has put the town you find these small towns with large others combined. The reason for this CoMMeNrnrtY as an all-the-way-into-town four-lane out of the reach of the unwealihy and claims to being rather special. You omission is tha[ ihe born-again resi- ~ by pavid highway and an airport that is open undermined its character. But also know the sort of place: the fomwrly dents of the other very special places ~ rt ' Chamberlain much past dark. consider this: Aspen's intent, ivhich derelict fazming or mining town that have nd only drummed Aspen from ~ So if these more newly special was to keep a special town special, has "evolved" into a popular place of their ranks but have taken to regard- mountain towns have ever considered worked so well that people of weaith rec:reation, but whose year-round tes- ing it and everything they believe it any of the above-named schemes for and celebrity tiocked to it. ` idents have succumbed in a big way stands for as a mortal thneat to their remaining special, they should know What this means is that Aspen is to the last, best place phenomenon. own continued health. 'lliere is even Well-preserved on the surface, every that Aspen got there first- way first simply more special than its special- "'Ibeir" town, they'ic happy to let a name for this plague: Aspenization. year loses a little something to chain - and that their local strategies come place competitors. Another town can you know, is not just a resort, but a As a fomier long-time resident of retailecs, restaurants increasingly pre- straight out of the Aspen,play book. have a festival every week or devel- place wherc cecreation, slow living, Aspen, I know what it is about that tentious, and Hollywood-inftuenced They should know alsa that Aspen's op all the experts-only ski tertain it culture, 6ne dining and, of course, muclrchanged place that its rivals nighdife; Aspen's economy is more original gmwth-control efforts were wants, but it will never have the abo- tolerance and diversity, have ineffa- despise: Aspen 6as become cekbrity- and more reliant on a third-world- not the work of peopie seeking to riginal Aspen Music Festival or ski bly fused into a maoner of Gving that burdened to the point where the style labor force living at an ineneas- protect their own economic intetests mountain that was the creation of just is the moral opposite of the dreary locals canmot honestly continue their ing remove from the town itself. (In fact, those with such interests mustered-out veterans of the Tenth lifetime spent in some city or its sob- long-running conceit that they don't But I also know that the other were the mosf bitter in their opposi- Mountain Division. And that is why urbs. You even know the names of really notice its rich and famous_ towns' fear of becoming Aspenized is tion), liut by non-Wst funded people the term "Aspenizadon" carries with these plxes: Telluride, Crested Aspen hoosing cannot be affa[ded by badly misplaced. In fact, Aspen and in their late twenties and thirties who it the taint of envy. Butte, Park Ciry, Durango, Steam- anyoce who's no[ mongtrously Pitkin County have fiercely and essentially set aside their normal Aspen's rivals should come up boat Springs, Jackson, and the no wealthy or who got theirs many years unremittingly resisted chazacter- carsers to, as they saw it; save Aspen. with a new term for the blight they so doubt numervus ot6er paradises ago; residential Aspen lies empty and changing growth since the late It follows that if any of the old- deazl y want to avoid: Vailization. whose gbries have gone annoticed dark much of the year, its old houses 1960's. They have done it with strict town/resorts is going to come up with Davtd Chumberlain is a contribu- by this antt?or. a victim of replacement by the many- wning, innovative land-use planning, valley-wide solutions to the sprawl- tor m Writers on the Runge, a service 'I'here is, of course> one name coo- bathrroomed, lot lino-to-lot line, mon- employee-housing initiatives,- auto- related problems that are ev.entually of High Country News, based in Pao- spicuously absent from this list: strosities favoned by the mobile disincentives, mass transit going to afflic[ them all, you can bet nia, Colorado (www.hcn.org) He is a Aspen, whie6 by itself commands a seconl-home owner, including an ongoing but serious your life it's going to be Aspen. You former Aspen resident who now lives renowa, both in tiw resoit amd right- Aspen's historic downtown, so romance with valley-long light rail, can argue that it's Aspen's very in Colorado Springs. _ . _ . I ~ m _ . ¦ ~ /0"' F~ TO *IL WN O75 South Frontage Road Vail, Colorado 81657 ~ 970-479-2100 FAX 970-479-2157 MEDIA ADVISORY TM November 23, 1998 , Contact: Suzanne Siiverthorn, 479-2115 • Community Information Office PAID PARKING BEGINS AT 6 A.M. WEDNESDAY IN VAIL VILLAGE, LIONSHEAD STRUCTURES, WITH FREE PARKiNG AFTER 3 The Town of Vail wii! implement its paid parking program for the ski season beginning at 6 a.m. Wednesday (11-25). Discounted parking passes will be available for purchase ali season long in the Town of Vail Finance Department in the Vail Municipal Building, 75 S. Frontage Rd. The Finance Department is open from 8 a.m. to 5 p.m. Monday through Friday (closed on Thanksgiving, Christmas and New Year's Day). Phone orders for repeat customers are available by calling 479-2122. Ski season parking prices in Vail are as follows: • Value Cards, $5 per entry/exit • Gold Pass (unrestricted parking), $1,100 • Blue Pass (restricted parking), $525 There is a$25 refundable deposit for the parking passes. The value cards have a$5 non- refundable fee. Credit card payments for the passes are again being offered at the Municipal Building for added converiience. However, credit card payments for daily parking fees have baen disccntinued. Afthough fees for the parking passes and value passes are unchanged from last season, there will be a slight impact on parking availability this season when the 1999 Wcrld Alpine Ski Championships come to Vail. The top uncovered deck of the Vail Village parking structtjre will be converted into a tented Frontier Village from Jan. 4 through Feb. 15. All value pass holders will need to use the Lionshead parking structure during the closure. No other impacts are anticipated. Park Free After Three ' The town will again offer free parking in both the Vail Village and Lionshead structures from 3 p.m. to 6 a.m. daily to promote dining and apres ski activities. A$2 parking fee will be charged for vehicles entering between 1:30 and 3 p.m. Daily Parking Rates Daily parking rates in the Vail Village and Lionshead parking siructures are as follows: No. of Hours Fee 0 to 1 Y2 Free 1 '1z to 2 $ 2 2 to 3 $ 6 3 to 4 $ 7 4 to 5 $ 8 5 to 6 $ 9 6 to 7 $10 7 to 8 $11 8 to 9 $12 9 to 11 $13 1 ? to 15 $14 15 to 24 $15 , (more) RECYCLEDPAPER ~ Add 1 /Ski Season Transition Please note, credit card payments for daily parking fees have been discontinued. Free Satellite Parking The town will maintain free satellite parking on a first-come, first-served basis at the soccer field on Vail Valley Dr. near the Golden Peak ski base, as well as 100 spaces at Ford Park, adjacent to the South Frontage Rd. Both lots are serviced by a free shuttle bus and typically fill by . 10 a.m. Valet Parking Valet parking will be offered for a second season at the Golden Peak ski base area off Vail Valley Dr. The cost is $20 per day. The service is operated by a private contractor. . For more information on parking rates and programs, call the Town of Vail Finance Department ' at 479-2120. # # # TOWN OF VAIL HOLIDAY SCHEDULE The Town of Vail municipal offices including the public library will be closed Thursday in observance of the Thanksgiving holiday. Call 911 for police, fire or medical emergencies. The Town of Vail bus system will operate service as usual Thursday. For bus service information, call 479-2178 or 328-8143. Town of Vail offices will reopen for business on Friday (11-27). # # # TOWN OF VAIL Office of the Town Manager 75 South Frontage Road Vail, Colorado 81657 970-479-2105/Far 970-479-2157 TM November 23, 1998 VIA TELECOPIER 970/947-2829 Mr. Mike Mottice Area Manager Bureau of Land Management Post Office Box 1009 Glenwood Springs, CO 81602 Re: Draft Supplement Environmental Impact Statement Oil and Gas Leasing Development Dear Mr. Mottice: On behalf of the Town of Vail, Colorado, I wish to comment on the above-referenced draft EIS concerning oil and gas development in the Glenwood Springs resource area. It is my understanding based upon a review of the document that the Vail Valley area has been designated with a moderate potential for oil and gas development. Because of the tourism based economy of the Vail Valley, the Town of Vail would object to any oil and gas development within the Vail Valley. While we recognize the importance of oil and gas development on federal lands, we believe this use is inconsistent with the ski and tourism industry upon which our economy is based. Therefore we would ask that no oil and gas development be permitted on federal lands surrounding the Vail and Eagle River Valley. 'Thank you for your consideration of this matter. If you have questions or need additional information please do not hesitate to call me at (970) 479-2105. Sincerely, Robert W. PJ r=n Town Manager RWM/aw xc: Vail Town Council C~~ RECYCLEDPAPER F ~ 4VAIL TOWN O75 South Frontage Road t/ail, Colorado 81657 970-479-2100 FAX 970-479-2157 MEDIA ADVISORY - November 25, 1998 Contact: Suzanne Silverthorn, 479-2115 Community Information Office VAIL TOWN COUNCIL HIGHLIGHTS FOR NOVEMBER 24 Work Session Briefs Council members present: Armour*, Foley, Jewett, Navas *Due to the absence of Mayor Rob Ford and Mayor Pro-Tem Ludwig Kurz, Councilman Armour presided over the meeting. --1999 World Alpine Ski Championship Update Ceil Folz of the Vail Valley Foundation provided a brief update on planning efforts for the World Alpine Ski Championships which are coming to the Vail Valley Jan. 30 through Feb. 14. Her report included the following highlights: • Another Lionshead street party has been added to the schedule on Jan. 24, due to the success of the kick-off party on Nov. 14. • The next big event will occur on New Year's Eve with a 1.999 mile snowshoe race on top of the mountain. • 58 teams have accepted invitations to participate, representing the largest number of teams ever. • 1,500 lodging rooms have been reserved for the event; while some properties are full, others h'ave some vacancies. • 250 hours of European television coverage are planned with 500 million television viewers. • Media representatives have been in the Valley this week; sponsors have visited and early season training has begun. • A recent table-top exercise by the Security Committee was extremely successful, with high praise given to the local planning jurisdictions by the numerous state and federal agencies involved. • 1,400 volunteer applications have been processed, with another 300 to go; training will begin soon. • Registration will begin in 7 weeks at the Vail Transportation Center. During discussion, Councilman Bob Armour noted that part-time volunteer positions have been created for those who can donate 25 hours (full-time volunteers have committed to 50 hours); applications are due Dec. 10. Also, Councilman Kevin Foley congratulated the Foundation on a great street party in Lionshead for the Parade of Champions. --Presentation by David Carter of Eagle County, re: Regional Housing Authority Represeriting the Eagle County Commissioners, David Carter of the county's housing program (more) %ow0* RECYCLEDPAPBR 9 f Add 1/TOV Council Highlights/11-24-98 asked Councilmembers if Vail would be interested in joining the county in the formation of a regional multi-jurisdictional housing authority. The regional housing authority proposal is one of 37 actions identified in a county housing plan. Carter said the authority could provide a coordinated and unified approach to housing, as well as a coordinated funding mechanism. Couneilmembers said they'd be willing to explore the concept in more detail, once they've had a chance to review the county housing document, which was distributed during yesterday's meeting. During discussion, Councilman Bob Armour suggested that since all the towns contribute to the county's revenue stream, the caunty might wish to consider funding the authority with existing revenues as a separate line-item in the county budget. Also, ' - Councilmembers said they were interested in learning more about the benefits of a regianal housing authority, since Vail already has a state-recognized housing authority (which is currently inactive). Regional housing authorities are currently in place in Summit County, Pitkin County and San Miguel County, Carter said. In preparation for the next discussion, Councilmembers asked Carter to provide information about the structure and effectiveness of the other regional programs. . --PEC/DRB Review During a review of the two most recent meetings of the Planning and Environmental Commission and the Design Review Board, Councilmembers were updated on a sign variance request for ihe Half Moon Saloon at the West Vail Mall; a parking booth proposal by Vail Associates for the Golden Peak ski base; a request for a conditional use permit to allow for a car rental business at Cascade Village; and a proposal to construct 11 new fractional fee club units, 15 accommodation units and 21 employee housing units at the "ruins" site in Cascade Village. Councilmember Sybill Navas reminded town staff that the Council expects to see construction at the ruins site, now called Westhaven Condos, by this spring. Earlier in the year, the Council directed that any change to the Special Development District for the property would be restricted to a one-year approval period instead of the three-year period currently in the ordinance. For more information, contact Dominic Mauriello in the Community Development Department at 479-2148. --Vail Youth Recognition Award/Vail Valley Exchange The Council voted 4-0 to approve a two-part staff recommendation that would expand the Vail Youth Recognition Award into the following two programs: • Vail Youth Recognition Award. This award will be granted annually to two outstanding juniors with criteria that support their achievements, both in the community and through their schools. Annual presentations will be made in the spring of each year to include a $1,000 scholarship for each recipient. • Vail Valley Exchange Youth Ambassador Award. Criteria will be established with nominations accepted from Battle Mountain High School and Vail Mountain School which outline what can be gained through this program, what responsibilities and expectations this award provides, what the role is of this ambassador both in Australia or St. Moritz, as well as in the Town of Vail, and at their respective schools. After an interview and review by committee, nominees wilf be accepted into this program. One criteria for acceptance into this program will be provision for reciprocat housing in the valley. The Town Council will fund travel expenses and spending money for the students, which comes to approximately $1,800 per student. Recipients of the Vail Youth Recognition Award will be encouraged to apply, as well. In recommending the change, Assistant Town Manager Pam Brandmeyer said a previous - requirement that tied reciprocal housing to the recipient of the citizenship award, had become burdensome and untenable. Councilmembers agreed and voted to expand the program, noting that the town now has an opportunity to recognize four top students rather than two. For more information, contact Brandmeyer at 479-2113. (more) ~ e Add 2lTOV Council Highlights/11-24-98 --Lionshead Redevelopment Master Plan Discussion Councilmembers heard an overview from Ethan Moore of the consulting firm Design Workshop on the rationale behind a proposal in the Lionshead Redevelopment Master Plan document that . would remove GRFA (gross residential floor area) as the primary development constraint. Instead, Moore showed several examples to illustrate how a combination of other deVelopment standards, such as building height, mandatory step-backs, site coverage and build-to lines would play a larger role in controlling the size of buildings in Lionshead. Although GRFA is useful in controlling the size of single family structures, Moore said the regulation doesn't provide enough ; controls needed in an urban environment such as Lionshead. As proposed, the master plan calls for a higher GRFA ratio than what is currently allowed, thereby becoming a safeguard for- overdevelopment, Moore said, but not an initial constraint. Following the presentation, -Councilman Bob Armour asked Moore to revisit the issue at next Tuesday's work session when all seven councilmembers are present. Also yesterday, Jim Lamont of the East Village Homeowners Association advocated creation of a GRFA formula that grants a specified square footage of development by-right, with additional GRFA granted as incentives in exchange for the addition of certain uses, such as employee housing. The Lionshead Master Plan review schedule calls for final consideration by the Council at its Dec. 15 evening meeting. For more information, contact Dominic Mauriello at 479-2148. --Information Update Public Works/Transportation Director Larry Grafel said the town is short five bus drivers. One driver has been hired from Australia and will be here next week. He said the town has beefed up its bus service slightly from the summer operations, but has not yet implemented a full winter schedule due to the staffing shortages. Also, Grafel said 75 cases of white Christmas lights weighing about 500 pounds have been strung on the tree at the Main Vail roundabout. Originally, the town had hoped to add colored lights to the tree as well, (so the town could choose if it liked white lights or colored), but Grafel said the tree can't withstand more lights. --Council Reports As a follow-up to the Vail 99 report, Bob Armour said he found it interesting that 20 percent of the volunteers for the event are coming in from out of state. . . Sybill Navas reported that Jen Brown has been named the new executive director for The Chamber of Commerce and that Beth Slifer is stepping off the Chamber board. Also, Navas said the Special Events Commission had met to clarify its allocation process for seed money. She said an event proposed by Highline Sports was looking promising. --Other Sybill Navas inquired about the status of the Bright Horizons daycare operation at City Market and wondered if the ABC School/Learning Tree operations had been approached to run a satellite operation there. Also, Navas inquired about the town's role in assisting a resident who lives in a deed-restricted unit at Simba Run who faces an assessment by the condominium association for improvements to the property. Town Attorney Tom Moorhead said that he and the Community Development Department staff wilf be reviewing the ordinance that created the Special Development District at Simba Run and will advise Council of any possible action that could be taken.. Filling in for the mayor, Bob Armour inquired about Councilmember availability on Jan. 4, 6 or 15 for a Council retreat. (more) ~ i Add 3/TOV Council Highlights/11-24-98 Kevin Foley thanked Bob McLaurin for writing a letter to the Bureau of Land Management on the oil well drilling issue. Foley also inquired about the status of bus service to Lionsridge Loop (unavailable until Dec. 7 due to the bus driver shortage). UPCOMING DISCUSSION TOPICS December 1 Work Session Lionshead Master Plan Review - Discussion of Contract Auditing Services • Executive Session, Personnel Matters December 1 Evening Meeting - First Reading, Ordinance re: Minors/Alcohol First Reading, Ordinance to Sell Property on Rockledge Rd. First Reading, Ordinance for Supplemental Appropriation First Reading, Ordinance re: Building Codes Second Reading, TOV 1999-2000 Biennial Budget Resolution No. 14, Re: Lionshead Master Plan, Final Review Resolution No. 15, Amending Deferred Comp Plan and Establishing a Trust December 8 Work Session DRB Review December 22, 29 Work Sessions Both are cancelled for the holiday break # # # X The De!lSaturda . Y~ Y+ ovember 21,1996-Page 49 1 Mro?E W~,:. joien Fool School , look i errt . ~ tips and tricla. ~ PAGE: 50 -7096 ~ ~ ~ ~ • Vail 99 tab at $21 million Nearly ' ' ' 1 1 ' 1 1 1 a 1 1 1 By Rajiv D. Narayana - Special to the Daity . Costs for hosting the World . Alpine Ski Championships have • a u almost doubled since 1989 to $Zi miliion, and Vail Valley Foundation President John Gar- " nsey hopes to "break even" with ~ Vail `99. ~ The Vail Valley Foandation is a nonprofit organization that supports athletic, cultural and - ~ - educational programs through- out the Vail Valley. The budget for the Champi- onships in Vail and Beaver Creek in 1989 was $11 million, said Garnsey. Money from the 1999 budget will reimburse Vail Resorts Inc. for the "incremental cost" of -some labor and other services, _ athlete lodging and meals, par- , ties, signs, [ransportation, con- struction of courses, community decor and more. The Champi- onships run `from Jan. 30 through I'eb. 14. $pecial fio the DaHY/Rv(ht Of. NaraYana Sevenry percent of the $21 bAn Gerrtsey,ypt~egident pf the Vaif Va11gy;FoundatlQn,.hppes Vail '99 will 6resii e!?eK.: i17 11110II C3YIIC fTOIR tIC S31C Of . c . . ~t ; t rJ'.S/i : t!)t ti.itC3l ~.^t<_ ~Ur11'~ .~iUi'1C . ' the television and mazketing date for the .1999 Champi-, BMWrCarIsbetg Bee~; the It~t- nificant.playcr in'a ipajor or%ent~ rights to ihe Intemational Ski onships, ihe United States Ski ian cheese company Grana It allows as to have gt+eat expo- Federation (FIS), an otganiza- Association gave the Founda- Padano, the Italian pasta compa- sure" on a local, national and tion made up of 90 member don the television and mazket- ny Fini, the Austrian chocolate international level, said Feld- - countries throughout ttie world. ing rights. The Foundation sold :company Milka, Peak Perfor- haus. "We're excited." FTS sold the television rights the rights to the FIS rather than mance, TAG Heuer and the eye- 'i'he Foundation has not yet to the Eumpean Broadcasting assuming responsibility itseif weac company Briko. collected all of the $21 million it Union (EBU) and the mazketing for the television rights and cor- Colorado Mountain Ezpress naeds to put the competition on, rights to the Cleveland-based porate sponsors(ups. Vice President of Sales and but Garnsey said it is very close. International Management "This allowed us to focus on Marketing Jim Feldhaus said his The money not obtained Gmup (IMG), a company with the operations side of the event," company arranged a deal with from television and marketing branches all over the wodd . said Garnsey. . IMG to- be the official Airport rights is coming from the Foun- The members of the FLS meet IMG is~the company respon- . Transportation Provider for Vail dation's right to sell concerts every two years to decide who sible for selling all the spaRsar- 199, and programs pmmoting and . will host the nezt World Cham- ° ships and is the commeceial Feldhaus said CME will benefiting the event, discounted pionships. The FIS atSO sanc- rights holder in partnership with donate three vans to be used by and free hotel tooms and ser- tions most amateur ski and FIS. IMG during the two weeks of vices from local partners and snowboard compeations Susan McCuihy, the on-site theChampionships in exchange sponsors, a$600,000 grant from thmughout the world. project manager for IMG, said for this entidement. the fedecal government, money, Before Vail became a candi- the top sponsors for Vail '99 are "It allows +CME to be a sig- See Vail '99, page52 - .....r_.. ' . _4 4 , . . ~ Vail 399 _ From Page 49 ' followed the pursuit of votes. from Beaver Creek Reson Co "You start feeling like George Lucas getting to state and local financial remake Star Wars," said Dakin, support, and help from Foundation members and other philanthropists. °°We had to give something for these votes. We did ~f The Foundation came in second in the 1983 biddin a 1'ot of creative lobbying," Garnsey said, for the 1987 Championships with a campaign that was The Foundation offered early season trainin o g PPor- ' put together in 30 days. ' tunities for the racers for the 1999 Championships and That made Vail "the front-runner for the `89 Cham-trainin~`'orkeg out ather deals with FIS member countries for ~ pionships," Garnsey said. facilities for other competitions. The Founda- , - With a$500,000 campaign that emphasized Vail`s tion also traded for futur,e votes for host countries. terrain and accommodations and the "excellent, oun We `"'ere around the globe campaigning," said Gar- histo 3' g nsey. • • ~ ry" of the resort, Garnsey said the Foundation was On one occasion, when Garnsey discovered that ihe able to secure the Championships for 1989. However, s e c u g t e 1 999 C h a hips was Bridsh wer e g o i n g t o v o t e f o r a S w i s s t e s o rt inscea d o f - not so easy. Vail, he flew to London to negotiate for a day and got "lt was a relatively unknown commodity" in 1989, the British to change theirminds. said John Dakin, vice president of communications for Gamsey said not all of the FIS countries bid for ' ~the Foundation. these competitions. ` "The chemistry of this whole game has chan ed "It's expensive. Most of them are pretty poor," he tremendously," Garnsey said. "The World Cham i- S~d' onships became a real hot commodity." p He added that some countries offered their votes in Campetition from other potential host countries has exchange for transportation to FIS conferences. Gar- increased, and the campaign costs doubled to $1 mil- nsey said the Foundation received five or six such °•;s``` lion, with $300,000 coming from the Foundation's sur- offers for the `99 Championships, but they didn't plus from 1989 and commercial sponsors. The accept any because it was against the FI5 rules. remaining $700,000 came from the Town of Vail, the However, he did say he noticed representatives of Town of Avon, Beaver Creek Resort Co. and Pepi b~ e of these countries at the conferences, so some_ Gramshammer's annual Crystal Ski Ball. Y Paid them for votes, he coacluded. Garnsey said votes were harder to get, so the costs "There's a lot of wheeling and dealing" when yon put on a competition of this size, said Garnsey, ~ =-we~~ ' Vail Daiiy . ~ ~ OnlY $12•50.per week for a disp]ay ad. Please call Desire at949-0555, ext. 403. _ . . . . . . ~ E~ , . , : _ . . , , F~ • ;:i. \ 1y TowN oF vArL 75 South Frontage Road Vuil, Coloraao 81657 970-479-2100 : AX 970-479-2157 MEDIA ADVISORY November 24, 1998 Contact: Jody Doster, 479-2174, Transit Operations Coordinator TOWN OF VAIL ANNOUNCES EARLY SEASON BUS SCHEDULE The Town of Vail has implemented an early season bus schedule effective this week and continuing to Dec. 7. The schedule provides 20 to 40 minute service on most outlying routes during peak times and one-to-two hour service on most outlying routes during non-peak. Frequency on the in-town shuttle, between Vail Village, Golden Peak and Lionshead, will run every 10 to 15 minutes. Departures from the Vail Transportation Center in Vail Village are: East Vail East Vail buses will depar: everj 20 minutes from 6 a.m. to 9:20 a.m. and from 3 p.m. to 8 p.m. Hourly service witl be provided between 10 a.m. and 3 p.m. and from 8 p.m. to 2 a.m. Sandstone Sandstone buses will depart every 40 minutes from 6 a.m. to 920 a.m. and from 2:40 p.m. to 7:20 p.m. Two hour service will be provided between 10:40 a.m. and 2:40 p.m. and from 8:40 p.m. to 11:40 p.m. with a final 2 a.m. departure. West Vail Green (South Frontage Rd. to North Frontage Rd.) West Vail Green buses will remain on the "summer" schedule to include departures at 6 a.m., 6:40 a.m., 7:20 a.m., 8 a.m., 8:40 a.m., 9:20 a.m., 10 a.m., 10:40 a.m., 11:20 a.m., noon, 12:40 p.m., 1:20 p.m., 2 p.m., 2:40 p.m., 320 p.m., 4 p.m., 4:40 p.m, 520 p.m., 6 p.m., 6:40 p.m., 7:20 p.m., 8 p.m., 8:40 p.m., 9:20 p.m. 10 p.m., 10:40 p.M., 11:20 p.m. and :nidnight. At 2 a.m. one bus will run to West Vail and Sandstone. West Vail Red (North Frontage Rd. to South Frontage Rd.) West Vail Red buses will remain on the "summer" schedule with the addition of ude,;arture at 5:50 a.m. The other departures are: 620 a.m., 7 a.m., 7:40 a.m., $:20 a.m., 9 a.m., 9:40 a.m., 10:20 a.m., 11 a.m., 11:40 a.m. 1220 p.m., 1 p.m., 1:40 p.m., 2:20 p.m., 3 p.m., 3:40 p.m., 4:20 p.m., 5 p.m., 5:40 p.m., 6:20 p.m., 7 p.m., 7:40 p.m., 8:20 p.m., 9 p.m., 9:40 p.m., 1020 p.m., 11 p.m., 11:40 p.m. and 1220 a.m. At 2 a.m. one bus will run to West Vail and Sandstone. Golf Course Golf Course buses will depart at the followingtimes during peak service: 6:45 a.m., 7:40 a.m., 8:20 a.m., 9 a.m., 9:40 a.m., 3:40 p.m., 4:20 p.m., 5 p.m., 5:40 p.m., and 6:40 p.m. During non- peak, service wiil be provided every two hours. Fvrd Park `~rd Park buses will depart at the followi -g times during peak service: 620 a.m., 7 a.m., 7:15 a.m., 7:45 a.rn., 8-u.m., 321 " ;o.m., 4:05 p.M., 4:4E p.m., 5-:05 p.m., 5:20 p.m., 5:35 p.m., 5:50 p.m., 6:05 p.m., 6:20 p.m., 6:35 p.m. and 7 p.m. No service is provided between 8 a.m. and 3:35 p, m. For more information, call Town of Vail Transit at 479-2358. # # # ow_ RECYCLEDPAPER ~ ~ ~ Post-itO Fax Note 7671 Date pages1, Ta ^ - From c~~~_c.~t_.~ Co./Dept. Co. Phone # Phone # ~ Fax # --Fax # ~l / 1 ~ socio-economic resources that his company depends on, require that he G VAIL not continually at#empt to beat=down the competition. At this point, he could CEO has important g~er a tremendous amount of respect for choosing to reconsider the role to piay expansion - admitting that Colorado ~ as a whole has more than enough ski I n response to Adam Aron, CEO of slopes to satisfy the demand - and Vai1 Resorts, on the impending making a pledge to take a leadership Category III expansion: role in environmental stewardship. In an interview printed in the Dai1y Unless the most powerful business Camera on Sunday, Nov. 8, Adam people take a leadership role in Aron said, "According to the people promoting long-term sustainability, the who ski at Vail, it is not big enough, world will remain at the mercy of static because they don't think they have supply and demand cowboy enough terrain. If we don't respond to ' economics. I implore him to give us our guest's needs, over time Vail won't ~ faith that his intentions are the ones retain its position of being the best ski ~ most becoming a person of the resort in North America." ( greatest power in his/her field. I will I understand Mr. Aron's position as discourage anyone I speak to CEO of a competitive company, but am regarding Vail ('including all my ethics deeply saddened by his attitude on this ~ students) to ski there, until he shows particular matter. I am a professor of ~ us some such consideration. Business Ethics at Metropolitan State ~ JUUAN FRIEDUWD College of Denver, and the above Boulder statement is a glaring example of what I teach students as being the biggest problem with modern capitalism:'I1ie blind pursuit of capital. Mercantile capitalism on the other hand, included the understanding that big business was justified by its duty to enrich the glory of its nadon, culturally as well as economically. I respect the fact that Mr. Aron is concemea to develop responsibly, but it is clear that the i expansion he is planning will significantly affect the health of an increasingly burdened ecosystem. Market studies have shown that despite the continental increase of ski f resorts, the demand for such sports is ~ relatively constant. Companies are therefore ever expanding in order to attract a greater portion of that limited market I have lived in Europe for many years and feel that Mr. Aron must remember his duty to the state of Colorado and to the dignity of his country, which is continually mocked ~ for its greed. ~ "Me greatness of a civilizadon is not ? measured merely by its rate of consumption. Personal integrity and respect for the environmental and ~ . R ~ RECEIVED NOV 2 7 1900 , W-fux, Nail- EL Y~W -'W ~,,~,~.J,~f(, RacQuetClub ^cD .^f L Townhom& Condominiums `~i~' „ Q o, ~ Dr~itbll bl, y/d>`a~E twiw~ ( ~ ~~J (bc{'`'`, u'a..`~`' I" ~ November 25, 1998 , Dear Homeowner, - - The Board met on Saturday, November 14, 1998, for an all day meeting to review-the , comprehensive due diligence that has been compiled for the Club and Employee Housing purchase. The conclusions from the due diligence are very enlightening and are invaluable in regards to the Association's potential Club acquisition. At the meeting the Board had four consultants present to directly answer questions regarding their various professional reports. From their reports it became evident that there are several costly problems with the Club facility. These include mechanical, electrical, structural, and code situations that would require over an estimated one million dollars just to bring the facility to an operable standard. Based on this evidence and other due diligence reports, the Board concluded that the Association should enter into discussions with the seller to renegotiate the purchase price. The Board will keep you posted as things progress. The Board of Directors would like to make the complete due diligence reports available to any Homeowner who wishes to review them. These reports are over four inches thick, so it is impractical to send one to each owner. The reports may be checked out from the Association's office when you are on property. Please call Carrie Fickes, Administrative Assistant, to make the arrangements. Enclosed is the summary of tallied responses from the Homeowner survey. There were 194 Homeowners who responded. This is an impressive response and the Board greatly appreciates the time and effort of those Homeowners who returned the survPy. They are a crucial element in assisting the Board with the direction the Association should follow. Sin \ Vernon T lor ~ .r r~ President 4690 Vail Racquet Club Drive Vail, Colorado 81657 800-428-4840• 970-476-4340 303-674-5026 D„~rr, our« • 970-476-4890 F:, ' email: staff@vailracquetclub.com www.vailracquetclub.com r , r HOMEOWNERS' SURVEY Summary of . . - T a le Quest ions . , October 23,1998 We received 194 surveys from owners of 195 units (One owner that owns 2 units filled out 1 survey). 1.) How long have you been an owner at the Vail Racquet Club Townhomes & , Condominiums? ' 36 Less than 2 years 18.5% 31 2-5 years 15.9% 50 5-10 years 25.6% 78 More than 10 yeazs 40.0% 195 TOTAL 2.) Was your decision to purchase your townhome or condominium influenced by the Club facilities? 163 Yes 84.0% 29 No 15.0% 2 Somewhat 1.0% 194 TOTAL 3.) How do you consider vour membership in the Club as it relates to your enioyment of your townhome or condominium? 155 Positive 79.9% 4 Negative 2.1 % 35 No effect 18.0% 194 TOTAL 1 ~ • . 4.) How do you feel the Club facilitv affects your property value? 179 Positive 92.3% 3 Negative 1.5% 12 No effect 6,2% 194 TOTAL 5.) How often do you use the Club facility9 18 Never . 9.3% 68 Less than 10 times per year 35.1% 66 Between 10 & 25 times per year 34.0% 23 Between 25 & 50 times per year 11.9% 14 More than 50 times per year 7.2% 11 Unsure 5.5% 194 TOTAL . 2 . 6.) VVhat facilities do you use? 108 Tennis 55.7% 27 Handball/squash courts 14.0% 112 Weight room 57,7% 41 Aerobics room 21.1 % 94 Indoor swimming pool 48.5% 116 Outdoor swimming pool - 60.0% - 133 Hot tubs 68,8% . 41 Massage rooms 21.1 % - 7.) What facilities do vou feel are important to have at the Club? (Please indicate as 1- Verv important, 2- Somewhat important, or 3- Not important) Facilitv Verv important Somewhat Not important Tennis 155 19 12 Handball/squash courts 40 57 87 Weight room 107 58 21 Aerobics room 69 67 48 Indoor swimming pool 113 44 27 Outdoor swimming pool 152 21 g Hot tubs 154 23 _ 15 Massage rooms 46 63 75 . . Restaurant 109 46 32 3 8.) What uroarams do you use? 48 Tennis 24.7% 23 Personal training 11.9% 26 Aerobics classes 13.4% 24 Yoga 12.4% 3 Martial Arts 1.5% - 9 Swimming lessons - 4.6% 2 Masters swim 1.0% - 1 Squash classes .5% 119 None 61.3% 9.) What programs do you feel are important to have for the operation of the Club? (Please indicate as 1- Very important, 2- Somewhat important, or 3- Not important) Program Very important Somewhat Not important Tennis 128 23 10 Personal training 54. 61 46 Aerobics classes 66 69 25 . Yoga 25 58 78 Martial Arts 9 40 110 Swimming lessons 83 46 32 Masters swim 35 69 58 . Squash classes 9 50 102 10.) Are you satisfied with the current Club facilities and programs? 116 Yes 59.8% 52 No 26.8% 26 Unsure 13.4% 194 TOTAL • 4 a 11.) What improvements would you like to see made? Most comments fell into these categories*: Better Club maintenance Improved facilities A good, moderately priced restaurant No guest charge at Club for owners families - . Better housekeeping 12.) What improvements would benefit the individual'Homeowners and the Association? Comments nearly identical to Question # 11 * * All comments have been given to the Board of Directors 5 13.) Have you ever dined in the restaurant? 163 Yes 84.0% 28 No 14.4% 4 No Comment 1.6% _ 194 TOTAL 15.) Do you use the Old Muddy Bar? 118 Yes 60.8% 69 No 35.6% 7 No Comment 3.6% 194 TOTAL 17.) Is a restaurant on property important to you? 138 Yes 71.1% 53 No 27.3% 3 No Comment 1.6% 194 TOTAL 18.) Is a bar on property important to vou? 113 Yes 58.2% 77 No 39.7% 5 No Comment 2.1 % 194 TOTAL 6 . , 19.) What style and price range would you frequent? ' 20 Full Service Gourmet Dining 10.3% 65 Full Service Fine Dining 33.5% 146 Midrange American Cuisine 75.5% 70 Take Out 36.1 % 15 No Comment - 7.7% . . 20.) Do you feel the Racquet Club Owners Association should purchase the club facilities to protect property values and future interests of the Association? 159 Yes 82.0% 23 No 11.9% 12 Unsure 6.1 % 194 TOTAL 21.) If there was a special assessment for the Association to purchase the Club facilities, up to what level would you 6e willing to contribute for ownership in the Club? 49 Zero 25.3% 15 $10,000 7.7% 1 $1,000 .5% 0 $12,500 0.0% 49 $3,000 25.3% 2 $15,000 1.0% 38 $5,000 20.0% 3 $17,500+ 1.5% 17 $7,500 8.8% 20 Unstu'e 9.9% 194 TOTAL . 7 t 22.) The_Club operation currently loses money. Would you be willing to pay more per month in membership dues to help the Club break even? 78 Zero 40.2% 1 $5/month 0.5% 53 $10 more per month ($90 per month total) 27.3% 9 $15 rnore per month ($95 per month total) 4.6% 27 $20 more per month 100 per month total) 14,0% , 25 . Unsure 13.4% 194 TOTAL 23.) Would you be in favor of removing 4 tennis courts and developing additional condominiums buildings to help offset the purchase and rejuvenation of the Club facility? 124 Yes 64.0% 46 No 23.7% 24 Unsure 12.3 % 194 TOTAL 24.) Are you satisfied with vour ownership at the Vail Racquet Club Townhomes & Condominiums? 46 Very Satisfied 23.7% 2 VS/Satisfied 1.0% 110 Satisfied 56.7% 2 S/iJnsatisfied 1.0% 29 Unsatisfied 15.0% 1 VS/U 0.5% 4 Unsure 2.1 % 194 TOTAL . 8 P~ Colorado West Mental Heatth Center an affitiate of Colorado West Regional Mental Health Center P.O. Box 1620 395 East Lionshead Circle Eagle, Colorado 81631 Uail, Colorado 81657 Telephone (970) 328-6969 Telephone (970) 476-0930 Fax (970) 328-6349 Fax (970) 476-0535 November 24, 1998 Members af the Town Council Town of Vail 75 S. Frontage Road Vail, Colorado 81657 Ladies and Gerrtlemen: Colorado West Community Merrtal Health Center has been a part of the Vail comrnunity since the early 1979s. Our presence in Vail has been possible due to the generous cooperation of both the public and private sectors in the community. Vail Associates donated affice space to us in the 1970's. We subsequerrtly received free office space at the Vail Valley Medical Center. We have been in the Lionshead parlcing structure for about the past 15 years. The Town originally provided this offioe space without charge. Subsequent years saw the irrtroduction of a smalt rental fee. Most recerrtly, the Town of Vail has conbadually provided tfe parking structure office space in exchange for Colorado West providing Employee Assistance Program Services to Town af Vail emptoyees. This exchange aF "in kind" services has wrorlced wetl in meeting the needs of both parties and the community. Vlfithout the continued caoperation and support from the ToHm, however, the Lionshead Redevelopment Plan has the potential to threaten our presence in the Vail community. ' The purpose of this tetter is to; 1) Describe our organization and outline our services and connections to the community; 2) Reiterate our need for the Town of VaiPs cooperation in order to continue thase servioes; 3) Provide a description of our physical office space; and 4) Identify the patential impacts of the Lionshead Redevelopment Plan orr our currerrt office location. 1. Colorado West Merrtal Health Center, its services and connections to the community. Colorado West is a private, not for profit, community agency praviding counseiing and psydiiatric services across the t+en oourrties comprising the northwest quadrant of the state of Colorado. Despite the scope of the agency, each oourrty organization is relatively autonomous in developing and providing senrioes appropriate for its culture arnd community. Our Eagle Courrty organizatiai has offioes conveniently located in Vail and the town of Eagle. In addition to Gient and insurance fees, our fundirxxg oomes from a variety of sources tfl include state and federal funds via block grartts, county municipalities, and the Eagle Courrty Commissioners. We afso receive grants from the Eagle County United Way, and the Vail Valley Foundation. Our staff is comprised of nine full-time arid four part-time Nierapists, a half-time psychiatrist, and three full-time support staff. Most of our therapists fiave specialties fo indude working with children, couples, and families, as well as, with individuals. One of our therapists is fluent in Spanish. . - • Page 2 November 24, 1998 Colorado West provides an array of services to the residents af, and the visitors to, Eagle County. The following is a brief description of most of these services: a. Emergency Services. Our staff provides 24hour, seven days week on-call crisis covecage for those experiencing an emotional crisis. We work Gosely with ali of the county municipal police departments, the sheriff's office, and the Vail Valley Medical Center. We perform face to face crisis evaluations when appropriate. These generally occur at the Vail Police Department, the County jail, or at the Vail Valley Medical Center. b. Outpatient Therapy. As mentioned above, we provide traditional outpatient counseling services to chilcfren, adolescents, families, and adults. Psychiatric consultation is available when appropriate. Services are provided by psychiatric social workers, marriage and family therapists, and psychologists. We have a sliding fee scale to help offset the cost of services to those meeting cer#ain income limitations. c. Employee Assistance Programs. Colorado West has contracts with 25 area businesses and govemment entities to provide a set number of counseling sessions to their employees with the cost being bome by the employer: The majority of these corrtracts are Vail organizations. They indude Vail Associates, the Town of Vail, the Sonnenalp, the Lodge at Vail, and the Vail Athletic Club, among others. Some of our other contracts are with Eagle County Employees, the Eagle Courrty School District, WestStar Bank, and Alpine Bank. During the frrs# nine months of this year, Town of Vail employees utilized 71 EAP visi#s. Our records have indicated that between five and ten percent of all Town of Vail employees will use the senrice. Vail Associates utilized 293 visits during this same time period. In addition ta traditional counseling, our EAP services include management training, critical inciderrt stress debriefing, and drug/aloohol evaluations. d. Substance Abuse and Addictions Programs. Colorado West provides an array of such services to include DUI Level I, DUI Level 11 Education and Therapy, and COPES, an irrtensive outpatiert program for those having more serious problems with alcohol and other drugs. Our counselors work dosely with the Eagle Courrty judicial and probation systems. ~ _ • Page 3 November 24, 1998 e. Eagle Valley Detox. In cooperation with the Town of Vail and the Vail Police Department, Colorado West staffs and manages the detox facility located adjacent to the Vail Police Department holding facility. This program provides containment and monitoring of those who are intoxicated and desmed a danger to themselves or others. The hours of operation are from 11 pm to 9am seven days per week. The Colorado West counselor monitors the clienYs vital signs throughout the course of the evening and can summon assistance in the event of a medical emergency. Assessment, brief counseling and appropriate referral is also provided. In addition #o the services provided to the clierrt, the referring police agency is saved the inconvenience and time of dealing with such individuals over an extended period of their shift. f. School Based Services. In oonjunction with both area high schools, Coiorado West has developed a school based weekly group for "at risk" adolescents to provide them the opportunity to leam new and more effective coping skills. g. Other. Colorado West also is perForming mental health screenings for the Eagle County Heac! Start Program; counseling services for inmates at the Eagle County Jaif; and are in the prooess of developing a formal agreement to provide services at the Echo Ranch Residerrtial Child' Care Faality. 2. The Relevance of Colorado West Merrtal Health Center in the Vail Community. During fiscal year 1998, Colorado West served 658 clients in Eagle County (not induding detox and emergency services). Over half of these dierrts received their services in Vail. As noted above in the previous section, we have numerous formal and iriformal ties to the Vail community. Many of our employees live in Vail. All of our employees spend at least a portion of their workweek in the Vail office: Our relationships with the Town of Vail, Vail Associates, Vail PD, numerous businessss, and the Vail Valley Medical Center are indicative of the value of our services and presence. Our location in Lionshead has been ideal in that it provides easy access to those working for Vail employers and is on a bus line for those without drivers' licenses. VVe are, however, "unfortunately," dependent on the Town of Vait for significant assistance to mairrtain an office in town. The reasons for this are vaned: a. The downward pressure exerted by insurance and managed care companies on reveriues being collected by health care providers. b. The increase in the number of "working poor" in the valley who are not able to pay full fee for our services and do not qualifjr for other assistance. c. The overall reduction in federal funding. d. The high cost af office space in Vail. ~ • Page 4 November 24, 1998 The above reasons, in oonjunction with our mission to provide a broad based continuum of service to the entire community, deems it literally impossible for us to have an office in Vaif without your cantinued assistance and support. 3. Current OFfice Space. Our Lionshead office is approximately 1,400 square feet and inGudes seven small ofFces and one large group room. It is a very ac#ive and sometimes crowded facility. Our office is without a water supply and we use the rest-room facilities in the Subway fast-food restaurarit. Every office has a window. Despite the deficiency af "inside plumbing", the office is ideally suited for the needs of our Gients in that it is centrally located and on the bus route. 4. Impact of Lionshead Redevelopment. The impact of the redeveiopmerrt project on the parking structure has the potential to threaten our office space in two ways. One, the adjoining employee housing building may literafly eliminate our offices on the south side of the parking struc#ure. Two, the Gose proximity of the housing complex may #otally close off ail of the windows, thus creating a rather unattractive, if not unpleasant, environment for clients as well as staff. The narrow, long corridor effect of the ofFoe space already has somewhat of a"submarine" feel to it that would only be exacecbated by the iadc aF windows. My staff and I are very grateful for the assistance and support we have received from the Tov?m Council. it is my hope that the Town of Vaii and Colorado West Mental Health Center can continue aur collaborative relationship of exchanging "in kind" services to faalitate our presence in the Tovn of Vail; that in the event we are temporarily or permanently displaced from the parking structure, the Town of Vail wilP continue their tradition of providing advocacy and support for us and those we serve. We believe we not only provide an important service, but that we are also a valuable comrnunity asset. Thank you, lJd[~~ Mark W. Smith Program Director P.S. if you have any questions, please don't hesitate to cantact me. I'm willing to meet wfth you formally or informally at your convenience. ' u ~y TOWN OF VAIL Department of Public Works & Transportation ~ 1309 Elkhorn Drive ~ Yail, Colorado 81657 970-479-2158/Fax: 970-479-2166 • • ' ' ' • TM November 30, 1998 Mr. Rich Brady Brady's Fashion Valley Center Suite #5 82 San Diego, CA 92108 Dear Mr. Brady, I received a copy of your letter sent this past summer to the Chamber of Commerce addressing several concerns regarding the Town of Vail's 4`h of July activities. As with many resort towns, holiday weekends tend to attract a muititude and variety of guests to our community. The 4`h of July, in particular, seems to bring out the younger crowd. The main purpose of this letter is to address your complaint about our street sweeping operation. Unfortunately, in the Village and Lionshead core areas, we are limited as to when we can perform most of our routine maintenance activities. For snow removal and street sweeping in particular, the early morning hours are the most efficient, safest and least disruptive time to be in those areas. We purposely schedule our operations to be completely out of the core areas by the time pedestrians are out and about and merchants are open for business. With the large numbers of people that visit our community, there is an enormous workload with regards to trash removal. We perform manual sweeping as a"fine tuning" to our trash removal efforts, but it is not as efficient, cost effective and comprehensive as our street sweeper. RECYCLEDPAPER or ~ w y LETTER TO MR. RICH BRADY November 30, 1998 Page 2 I do apologize for the inconvenience you experienced during the 4" of July weekend but I hope I have shed some light on our maintenance operations and the constraints we operate under. Please do not let this incident deter you from visiting Vail again in the summer. Our community has so much to offer besides skiing. Sincerely, ~ Larr~. Grafel irector Department of ublic Works/Transportation cc: Bob McLaurin, Town Manager Vail Town Council ~ SENT BY:EAGLE, CO ;11-30-98 ; 6:42PM ; 970 328 7207- 9704792157;# 1/ 1 Hews Ea le CourrtCalorado ~^~N~ y! wwWMwiraan November 30, 1998 1Vled.ia Contact: navid Cartcr (970) 328-8$76 For lmmediatc Reteasc &PPLICAI'lUNS LW1 ING AC:('LYTED FOR HQUSINC TASK FpRCE The Eagle County Board of County Cammissioners invites and encaurages intcrested persons to subrnit an application for membership on a housing task force. This lask fo.rce will have t+vide rcpresentation and bc i.nvolved in helping implement the courlty's housing policies. it will be responsibic for drafting for Board revicw a regulation that new developtnents ge«crating ncw employces provide housing for a percenl;agc of the employees. If you are interested, plcase contact thz Eaglc ('ounty Hausing Division at (970) 32$- 8876 to obtain an application form as soon as possib.le. Thc Buard. of County Commissioners wi11 select which a.pplicauts wilI servc on the committce. 500 BRQAOWAY, P.O. BODC 850 • EAGLE, 00 81531 • PHONE (970) 328,8605 • FAX (870) 328-7207 4 1 MEMORANDUM . November 30, 1998 To: Vail Town Council Bob McLaurin Pam Brandmeyer . ` Steve T'hompson ' . From: Sally Lorton Re: October Sales Tax Collections Attached is the sales tax worksheet with collections through November 27, 1998. We have received the majority of the October sales tax returns. I did not estimate the delinquent accounts this period because there is nothing big, however this number wiil go up. This worksheet reflects a 7.9% increase ($332,407.00) for the summer season (May - October). The Worldwide Church of God was here in 1997 and 1998. The Seibert Circle dedication party was held 10/2/98. . Town of Vail Sales Tax Worksheet • 11 /30/98 Y. Change % Change ' 7988 Butlget Irom 7om Month 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 Budget CollecUons Verlance 1997 Budget , . s . . , _ r. , . . . : : . ~ January 1,063,196 1,126,496 1,465,870 1,599,123 1,713,091 1,709,654 1,855,364 1,805,707 1,894,597 1,935,782 2,052,569 2,076,931 2,114,705 37,774 3.03% 1.82% February 1,135,786 1,205,101 1,561,286 1,695,850 1,737,343 1,780,568 1,828,766 1,814,495 1,816,107 1,993,389 2,089,673 2,121,757 2,152,621 30,864 3.01% 1.45% March 1,378,782 1,591,705 1,939,758 1,897,718 2,051,820 1,977,995 1,988,090 2,250,656 2,139,298 2,240,865 2,580,992 2,614,841 2,366,270 (248,571) -8.32% -9.51% April 425,961 550,205 567,684 634,174 616,648 691,163 864,303 794,668 791,092 966,993 874,427 881,575 1,106,915 • 225,340 26.59% 25.56% May 245,518 170,567 215,548 236,359 250,809 268,000 257,248 287,315 324,681 318,920 329,783 328,723 382,299 53,576 15.92% 16.30% June 331,581 329,039 393,470 448,227 468,948 468,598 475,161 548,820 590,685 594,907 630,366 642,504 632,980 (9,524) 0.41% -1.48% July 479,201 559,683 649,139 665,094 737,288 742,750 811,538 892,830 893,483 963,717 1,043,637 1,060,879 1,106,929 46,050 6.06% 4.34°/a August 536,904 575,887 668,119 678,071 761,992 767,257 825,954 891,566 867,125 990,650 1,073,430 1,090,762 1,182,973 92,211 10.20% 8.45% September 442,402 422,502 469,032 482,328 491,684 485,954 560,535 725,205 645,902 630,453 637,831 642,504 732,929 90,425 14.91 % 14.07% October 273,951 291,204 335,740 364,002 324,802 367,578 400,525 408,405 461,791 413,573 472,836 478,142 482,180 4,038 1.98% 0.84% yr . §~,r~u- . , ...x . r ? , , , . ,.P • . Total 6,313,282 6,822,389 8,265,646 8,700,946 9,154,425 9,259,517 9,867,484 10,419,667 10,424,761 11,049,249 11,785,544 11,938,618 12,260,801 322,183 4.03% 2.70% i „ „ ....r, . I, ' a z . . . . , r. , . . , , ~ .,.„m ' _ : . November 386,270 376,235 430,820 438,731 428,086 497,907 553,681 594,491 611,147 601,208 707,166 717,214 December 1,245,612 1,455,948 1,615,278 1,625,219 1,691,775 1,846,223 1,974,553 1,992,855 1,994,540 2,068,851 2,254,709 2,286,119 Total 7,945,164 8,654,572 10,311,744 10,764,896 11,274,286 11,603,647 12,395,718 13,007,013 13,030,448 13,719,308 14,747,419 14,941,951 12,260,801 322,183 ~ > EAST VILLAGE HOMEOWNERS ASSOCIATION, INC. Officers: President - Bob Galvin Secretary - Gretta Parks Treasurer - Pah-ick Gramrn Directors - Judith Berkowitz - Dolph Bridgewater - Ellie Caulldns - Ron Langley - Bill Morton - Connie Ridder Post O#'fice Box 238 Vail, Colorado 81658 Telephone: (970) 827-5680 Message/FAX: (970) 827-5856 FACSIMILE COVER PAGE To: Town oi Vatl/Town Council From; Time: 11:31:25 Date• 12/1/9- Pages (including cover): 2 Subject: Memo to Town Council concerning editing process of final draft of the Lionshead Master Plan. Special Instructions: Ann Wright and Russell Forest would you please see that the attached document is forwarded to the Town Council at today's work session and the Master Plan Team. # ~ EAST VILLAGE HOMEOWNERS ASSOCIATION, INC. Oflicers: President - Bob Galvin Secretaty - Gretta parlcs Treasurer - Pah-ick Gramm Directors - Judith Berkowitz - Dolph Bridgewater - Ellie Caulldns - Ron Langley - Bill Morton - Connie Ridder To: Mayor Rob Ford and Town Council Nlembers From: Jim Lamont, Executive Director Date: December l, 1998 RE: Lionshead Master Plan - Final Draft Edit Process There have been many questions from concerned parties regarding the editing process for the final draft of the Lionshead Master Plan. The Association requests the following procedure out of respect for those who have contributed extensive efforts towards the formulation of the plan. It is suggested that as part of the editing process that open editing session be held betrveen the master planning team and those seeking to include edited language within the plan. The pur- pose of the edit sessions is to form a consensus on language changes and to prepare clarifying lan- guage for the Town Council in order to assist in resolving outstanding issues. It is further suggested that edit sessions should proceed sequential through the "published draft plan," section by section. Editing session should begin on Thursday, December 3, 1998. Published sections should be available the day prior to it's designated edit session or sooner. The sessions should be held daily, excluding Saturday and Sunday, from 10:00 am through 2:00 pm. The Town Council should be given a update report at their Tuesday, December 8, 1998 work ses- sion. If necessary, the sequential edit session should continue until the approval of the fmal draft scheduled for December 15, 1998. Public notice of the editing session should be given. Additionally, for ease and accuracy of review, tile final draft of the Master Plan should in- dicate all edits and text additions in bold italics. Recommended edit deletions should be struck through. Post Office Box 238 Vail, Colorado 81658 ' Telephone: (970) 827-5680 MessagelFAX: (970) 827-5856 M ~ EAST VILLAGE H4MEOWNERS ASSOCIATION, INC. Officers: President - Bob Galvin Secretary - Gretta Parks Treasurer - Patrick Granun Directors - Judith Berkowitz - Dolph Bridgewater - Ellie Caulldns - Ron Langley - Bill Morton - Connie Ridder Post Off~ice Box 238 Vail, Colorado 81658 Telephone: (970) 827-5680 Message/FAX: (970) 827-5856 FACSIMILE COVER PAGE Ta Bob Mclaurin From: Time: 12:31:19 Dcte: 12/1/9- Pages (including cover): 5 Subject: Lionshead Master Plan Special Instructions: Please review. Ann Wright/Russell Forest: Wwill you please distribute the attached memo to the Town Council at this afternoon's work session so that they may review the memo prior to its presentation at this evening Town Council session. Would you also distribute to the Master Planning Team, this afternoon as well. Thank you. EAST VILLAGE HOMEOWNERS ASSOCIATIQN, INC. Officers: President - Bob Galvin Secretary - Gretta Parks Treasurer - Patrick Granun Directors - Judith Berkowitz - Dolph Bridgewater - Ellie Caulkins - Ron Langley - Bill Morton - Connie Ridder To: Mayor Rob Ford and Town Council Members From: Jim Lamont, Executive Director Date: December l, 1998 RE: Lionshead Master Plan The following are comments concerning unresolved issues with respect to various aspect of the Lionshead Master Ptan. The Homeowners Association has consistently raised these issues during the master planning process. It is requested that the following items be included in the Lionshead Master Plan. 1. GRFA: The GRFA developrnent standard should be considered a fail-safe backup to the proposed design standards. GRFA should function in close hatmony with the design standards and master plan concepts. In Lionshead, as design standards and master plan concepts are at- tained, allowable GRFA should increase. Similarlv, the GRFA percentage mav be increased through the attainment, beyond uniform requirements of affordable housing and environmental preservation goals provided that design and development standards are in compliance. The plan should contain an inventorv of existing building square footage and uses. The inventorv should be used a baseline upon which all densitv increases proposals are compared. The following points should be included in the Master Plan with the specific formulas to be worked out as part of a comprehensive zoning amendment for Lionshead. Prior to the adop- tion of zoning amendments computer imaging of critical views of Lionshead illustrating the im- pact of proposed development and design standards should be provided through the public hearing and review process to the Town Council. a. Allow different increases in GRFA percentages based upon whether the proposal is new development, infill or expansion within the conteart of eausting development patterns and es- tablished zone districts on adjacent and surrounding properties. b. Subject to not-to-exceed-limitations, increase the allowable GRFA percentage based upon compliance with specific design, master plan concepts and attainment standards. c. Increases in GRFA percentages should be dependent upon a demonstration of the proj- ecPs ability to comply to the design standards and master plan concepts. In cases of infill or ex- pansion, the demonstration of ability to conform would apply to the existing structure(s) on the site. d. Simplify the calculation of GRFA by removing the common area penalty from the GRFA calculation. The delineation of allowable or conditional common area uses and percent- ages may need to be modified. Post Office Box 238 Vail, Colorado 81658 Telephone: (970) 827-5680 Message/FAX: (970) 827-5856 ,EVHA/TOV/TGLHMP - 12/1/1998 e. GRFA percentages should be increased based upon the atta.inment beyond standard re- quirements, of social equity and environmental goals e.g., providing affordable housing and the preservation of wetlands or open space. f. The Town Council, through the public hearing and comment process, shall remain as the final arbitrator of whether the proposed project can attain its allotted GRFA developrnent stan- dard based upon conformance with the design and other applicable standards. 2. Building Height: A limited portion of a building may exceed a the height standard un- der two conditions. a. The building's site coverage is reduced in direct proportion the square footage of the floor area that is allowed to exceed the height standard. b. The site coverage can be maintained unchan e~ d onlv if more restrictive facade stenbacks in direct proportion to the guare footage of the floor area that is allowed to exceed the height limitation, are required. In each circumstance steeper roof slopes mU be required. These conditions should be included in the_Master Plan with the specific formulas to be work out as part of a comprehensive zoning amendment for Lionshead. L2Muage should be included that imposes height limita.tions on the Lionshead Parking Structure so the scenic view of Vail Village and Lionshead can be preserved. Additionally, the plan should recognize and commit to preserving views from the Vail International building in the design of the Phase III building on the Civic Center Site. 3. Design Guide Lines: The design guide lines need to require both stepbacks and offsets on building elevations that front on non-commercial pedestrian walkwavs streets and the Inter- state 70 corridor. Without these stepback and offset standards, the increase in height being pro- posed in the guide lines, will further aggravate the unbroken vertical walls of structures in these circumstances. Even with requirements to modulate roof plains and building offset which in most situations presently exists, they are insuf~icient to cause the collective bulk and mass of large structures to be visually articulated into less obtrusive and confrontive forms. All of Lionshead is experienced by pedestrian, property owners, and vehicle passenger from within or beyond the pe- rimeter of Lionshead. The concern for the articulation of structural form should apply to all elevations, not just the commercial pedestrian mall. 4. Protection of Parking, Loading and Delivery, Mass Transportation and Recreation Uses j on the North and West Day Skier Parking Lots: T'he present zoning on these two parking lot zone provides for parking and recreational uses on these sites. The plan should recognize the long standing precedent of these uses giving them Uriority over any other uses that may seek to preempt or preclude these uses, including affordable housing. Any change in status of these uses, such as the proposal to relocated the West Dav Skier Parking Lot should continue the priority use of the site for parking, recreation and other directly related activities. 5. West End Development Plan: On the assembled West End parcel, the plan should ive riority over all other development proposals that creates a hi ng densitv mixed use pedestrian cen- ter that includes short term accommodations, affordable housing for seasonal and permanent resi- dents, as well as extensive commercial space for retail and services. Underground paxking requirements and road right-of-ways should be significantly reduced provided that sufficient ac- cess is provided for loading/delivery and that parking is provided in a centralized parking struciure to be located on the West Day Skier Parking Lot. 2 ~ EVHA/TOV/TCILHMP - 12/1/1998 6. Delivery and auto accessibilitv on West Meadow Drive and East Lionshead Loop to the Civic Center Site should be ectuallv distributed. Language should be deleted from the plan that designates West Meadow Drive and the south entrance to Dobson area as the sole access route and delivery terminal for the Dobson Arena. West Meadow Drive is the prime pedestrian and mass transit route between Vail Village and Lionshead. Furthermore, the South entrance of the Dobson Arena opens onto the central pedestrian plaza that is shared by all uses on the Civic Center Site. Language should be included that equally distributes loading and delivery vehicular access between West Meadow Drive and East Lionshead Loop. The plan should specify that a central loading, delivery and service needs for the entire civic center complex, including uses ap- pended to the Lionshead Parking Structure should be staged from the Phase III portion of the Civ- ic Center Site. The plan should assure that safe and convenient access will be mainta.ined to the buildings now being access from East Lionshead Loop. Additionally, language in the Master Plan should provide for the recognition of the eausting central pedestrian plaza at the Civic Center Site as a shared portal to both Vail Village and Lionshead and provide for its enhancement as well as expansion. 7. Restoration of the South bank of the Gore Creek Stream Tract east of the Gondola Line. The plan should distinguish between East and West parcels. In order to insure comUliance with covenant restrictions of which the Town of Vail is a partv, the east parcel should be desig- nated as a wildlife preserve with no developed, marked or maintained trails. The pla.n should pro- vide for the removal of the existing pedestrian bridge over Gore Creek loca.ted east of the Gondola Terminal, when a separate pedestrian passage is completed as part of the reconstruction of the Lionshead skier bridge. On the West parcel, disturbed wetlands should be restored by reducing the width of access roads to that of a maintained looped footpath that interconnects with a pedes- trian and bike path that connects the residential neighborhoods on Forest Road with Lionshead. The plan should include language that recognize the importance of maintaining the natural condition of Gore Creek wetland, riparian habitats and recognizes the limitations imposed by the stream tract covenants. No language should be included in the plan that sanctions the ability for the stream tract covenants to be violated, abandoned or vacated. The plans open space map should show wetlands areas. 7. Public Finance: The plan should contain language that defines the conditions under which public capital improvement programs are implemented. These conditions should be as follows: a. Does not obligate funding for public improvements to a sole reliance upon voter ap- proved initiatives, b. Times or ties related public expenditures to the construction of major private development c. Does not preclude the capability of providing on a timelv basis desirable public im- provements in other areas of the communitv, d. The Town Council shall be the final arbitrators of the scheduling and amount of public expenditures, funded from tax revenues or other sources, undertaken under auspices of the Lion- shead Master Plan. 3 EVHA/TOV/TC/LHMP - 1211/1998 The public finance plan for Lionshead must be considered within the broader conteart of the public finance requirements for Vail Village and the larger community to insure that there is a balanced public investment program. The plan should contain a provision that requires the adoption of a new or admended ver- sion of the Town of Vail/ Vail Associates Management Plan prior to the development of the Vail Associates Core Site and/or develonment or reconfiguration of its west end properties. The Man- agement Plan should address the obligation and phasing for the financing and construction of spe- cified public infrastrutural capital improvements and the underwriting of specified services and activities. The defining of costs, phasing as well as assigning institutional responsibility (i.e. Town of Vail, Vail Associates, Special Tax District) and source of funding (i.e., impact fees, tax increases) should be included. 8. Language should be inciuded in the plan that eliminates the presumption that design and development standards of zone districts for subdivision located with Lionshead platted filing are applicable to the platted subdivisions within the Vail Village subdivision filings. 9. Affordable Housing: Incorporated in the plan should be the basis for a regulatory sys- tem to require developers to provide employee housing. The plan should specify that public land cannot be used to satisfy the emptoyee housing requirements for new development. T'he location, amount, and type of housing that is to occur in Lionshead for both permanent and seasonal work- ers generated by new development should be set forth prior to the adoption of a development plan the site on which the new development is to occur. The plan should contain a provision that employee housing, to accommodate existing need as of 1998, prior to designating the, location, type and amount of housing for a particular site, an evaluation must be conducted that includes a required response from neighborhood properiy own- ers concerning the compatibility of location, type and amount of proposed housing an d associated uses with the characteristics of the existing neighborhood. cc: Bob Galvin Board of Directors Interested Parties 4 , . h 1 ~ . • RESOLUTION NO. 9 SERIES OF 1998 ADOPTING A PLAN FOR HOUSING, PA12hS, OPEN SPACE, S1TES FOR COMMUNITY FACILITIES AND A FUNDING PLAN TO PROVIDE FOR THE IMPROVEMENTS. , WHEREAS, the Vail Town Council, Town staff and over'two hundred interesfed citizens - and homeowners have participated in a public process known as Common Ground; and Wf 1EREAS, the Conimon Ground process has provided a well reasoned basis for the Vail Town Council to established a phased development plan to provide for-sale housing develo ments P , seasonal housing developments, parks, open space and sites for community facilities; and WHEREAS, the analysis provided in the Common Ground process has identified densities which will be adjusted during the development review process to maintain the integrity of existing neighborhoods; and Vl'HEREAS, the Town of Vail wili use, but not be limited to, the following criteria to cietermine density of future housing projects identified in Exhibit A during the development review process compatibility to the deiisity of adjacent development, traffic and parking constraints, impacts to neigliborhood services, and the ability to cost effectively. achieve the Town's liousing goals; and WI IEREAS, the Common Growld process has also provided a basis to adopt a funding p]an. NOW, TIIEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado that: • 11'he Vail Town Council aclopts Exhibit A which is attached hereto as the siting matrix and i'undinb plan to be implemented over the next eight years. 2. The Town Maiiager is hereby directed to take whatever steps are necessary to affect the actions and goals identified in the attached Exhibit. ' This resolution shall take effect immediately upon its passage. 1NTRODUCED, READ, APPROVED AND ADOPTE is 30th day of Jun 1998. N ~nOrp- BE~L ATTEST: ~Z~b~i't L. I_ord, Mayor , ORP i n rel ' onaldson, Town Clerk Resolutwn No. 9, Series of 1998 , Exhibit A - C0nMpN GROUN'D PREFERRED FUNDING PACKAGE ' PHASE I 1998-1999 Funding Sources: • Proceeds from sale of two laad exchangc Pro erties** S) ~ p _ 5 million ` : **(requires Council vote to use RETT funds for this purpose) • Proceeds from sale of nvo Town-owned sites (~~/illow ~~lay and Beaver Dam Rd.) ~Ilion • TOV Housinc, Fund (funded out of capital budget) $300,000/year PHASE II 2000-2002 Funding Sources: • Refinancing of Town debt (first three of six annual avments P ) S500,000/year ~ Retired RET7'_funded golf course moRgage payments** **(requires Counci; vote to use RETT funds for this purpose)340,000/year ~ TOV Housin~ Fund (funded out of capital budjet) S300,000/vear PHASE III 2003-2006 Funding Sources: • Retired RET7'_funded g.olf course mortgage payments** **(requires Council voce to use RETT funds for this purpose)340,000/year • RefinancinQ of Town debt (last three of six annual payments) S500,000/year • TOV Hausinc, Fund (funded out of capital budget) $300,000/year \ote: Allocations of retired golf course mortgage payments (RETT-funded) to be sunsetted in year 2006 • ~ . RESOLUTION NO. 10 SERIES OF 1998 ADOPTING A PLAN FOR HOUSING, PARKS, OPEN SPACE, SITES FOR COMMMU1VITy FACILITIES AND RESCIlYDIi1rG RESOLUTION NO. 9, SERIES OF 1998. WHEREAS, the Vail Town Council, Town staff and over four hundred interested citizens and homeowners participated in two public processes known as Vail Tomonow and'Common ' Ground through a series of public meetings and workshops; and WHEREAS, the Vail Tomorrow and Common Ground processes provided a well reasoned basis for the Vail Town Council to establish a phased action plan to provide for-sale housing developments, seasonal housing developments, parks, open space and sites for community facilities; and WHEREAS, the Common Ground process identifies eleven undeveloped sites throughout Vail for use as affordable housing, in addition to other sites recommended for open space, parks and community facilities; and VVHEREAS, since adoption of Resolution No. 9, Series of 1998 on June 30, 1998, the Vail Town Council has continued to receive significant public input on impacts to various neighborhoods through the potential development of.the identified sites, the use of sites acquired by the utilization of the Real Estate Transfer Tax funds and the use of the Real Estate Transfer Tax as a permanent funding source for housing; and ~L'HEREAS, the Vail Town Council desires to rescind Resolution No. 9, Series of 1998, to acquire broad based community support to effectively move toward the community goal of developing additional units to address the housing problem; and " Vl-'HEREAS, a broad section of the community has, in response to Vail Town Council's request. submitted over 80 comments and suggestions for housing; and WHEREAS, Council wishes to emphasize that the Common Ground process is dynamic rather than a static plan and will continue to respond to the community's needs and concerns. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado that: 1. The Vail Town Council hereby rescinds Resolution No. 9, Series of 1998. a ~ 2. The Vail Town Council hereby identifies the following sites to be considered for housing in three separate phases as follows: Phase I West Vail (intersection of Arosa Drive and Garmish) Lionshead Parking Structure Tract C(near Vail Mountain School) . . Phase II , _ Timber Ridge Hud Wirth Tract A(between Bald Mountain Road and I-70) Mountain Bell Phase II Intermountain Donovan Park Water Treatment Site Old Town Shops 3. The Vail Town Council hereby identifies the following sites to be considered for parks in three sepazate phases as follows: Phase I VJest Vail (intersection of Arosa Drive and Garmish) Phase II _ Tract A(between Bald Mountain Road and I-70) . Phase IIi Donovan Park 4. The Vail Town Council hereby identifies the following sites to be considered for open , space in three separate phases as follows: Phase I " L. Ladner Booth Creek Stream Tract Lionshead Stream Tract - Potato Patch Open Space East Vail Water Tank Phase II Tract A(between Bald Mountain Road and I-70) ' Phase III Snowberry , Donovan Park 5• The Vail Town Council hereby identifies the charter bus lot and the golf course clubhouse as sites to be considered for community facilities. 4 ~ 6• The phases will be considered chronologically and allow far continued evaluation of the appropriateness and need to move to subsequent phases upon completion of a prior phase. The Vail Town Council hereby directs staff to move forward "ith a public process to determine density and architectural quality for the properties mentioned above in Section 2 on a site-bv-site basis. . 7. These eleven sites include property which is presently undeveloped° as well as ~ developed sites and are primarily Town of Vail owned but also include privately owned property which will require potential parmerships and negotiations with the private land owners. g. The Communitv Development Department has developed a matrix of suggestions and comments from the community regarding housing solutions and the Town Council hereby directs that suggestions referenced as A or B in the matrix be incorporated into actions to be taken as appropriate and consistent with the Common Ground process and the goals hereby identified by the Vail Town Council. 9. At this time Vail Town CounciI faresees considering using funds as needed from the refinance of the Town debt, proceeds from the sale of Town owned parcels of land, proceeds from the culmination of the Land Ownership Adiustment Agreement with the Forest Service and . continuine an annual allocation from the General Fund to the Housing Fund on an as needed basis. 10. The Vail Town Council, the To«-n Manger and staff will continue to move forwazd to take actions necessary to accomplish the goals of the Common Ground process recognizing that t(1is shall include meeting all requirements of the Vail Town Charter and Code, the Colorado Constitution and all other applicable state and federal law, including but not limited to, Article X, Scction 20. Colorado Constitution; Article IX, Vail Town Charter; and Title 12, Vail Town Code. 1 1. The Vail Town Council further states that it is not its intention, finding or belief that this Resolution shall effect any change in zoning designation, allocate any specific funds, or othenvise affect any legal status or supersede any required action necessary or required by the laws of the United'States, the State of Colorado or the Town of Vail. 12. The Vail Town Council further states that the Common C'Tmnnci nrncP-.c ;q dy.,a,,,;r rather than a static plan and will continue to respond to the community's needs and concerns. 13. The Vail Town Council recognizes that this Resolution is a statement of its general intention to move toward the accomplishment of the goals of the Common Ground process and is not an exercise of the Vail Town Council's quasi judicial functions as those vazious functions are established by the Vail Town Charter and Town Code. i ~ 14. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, AppROVED AND ADOPTED this 1 5th day of September. 1998. F ~ ~ = S EA L Robert E. Ford, Mayor ' - ATTEST: .~COP P~~~~~.~~' •~rr,u::anuoa~ ~ , j f (i~ L. ~ , ~ r! 1 /i ! 4 i„ ' . . . Lorelei Donaldson. Town Clerk