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HomeMy WebLinkAbout1999-10-05 Support Documentation Town Council Evening Session Y VAIL TOWN COUNCIL EVENING MEETING TUESDAY, OCTOBER 5, 1999 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. CONSENT AGENDA (5 mins.) A. Approve the Minutes from the September 7 and 21, 1999 meetings. B. Appointment of Election Judges. 3. Review of Youth Recognition Award Winners' trip to Australia. (10 mins.) Jared Staber Emily Sargent 4. Ordinance No. 25, Series of 1999, first reading of an Annual Steve Thompson 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, 2000, Through December 31, 2000. (30 mins.) ACTION REQUESTED OF COUNCIL: Approve, modify or deny Ordinance No. 25, Series of 1999, on first reading. STAFF RECOMMENDATION: Approve Ordinance No. 25, Series of 1999, on first reading. 5. Ordinance No. 26, Series of 1999, first reading of an Ordinance, Third Steve Thompson Amendment To The Town Of Vail Employees' Pension Plan. (5 mins.) ACTION REQUESTED OF COUNCIL: Approve, modify or deny Ordinance No. 26, Series of 1999, on first reading. BACKGROUND RATIONALE: The amendments to the pension plan are necessary to adopt changes to the tax law and to amend the plans for the change to daily valuation of participants assets in 1999. STAFF RECOMMENDATION: Approve Ordinance No. 26, Series of 1999, on first reading. 6. Ordinance No. 27, Series of 1999, first reading of an Ordinance, Third Steve Thompson Amendment To The Town Of Vail Police And Fire Employees' Pension Plan. (5 mins.) ACTION REQUESTED OF COUNCIL: Approve, modify or deny Ordinance No. 27, Series of 1999, on first reading. BACKGROUND RATIONALE: The amendments to the pension plan are necessary to adopt changes to the tax law and to amend the plans for the change to daily valuation of participants assets in 1999. STAFF RECOMMENDATION: Approve Ordinance No. 27, Series of 1999, on first reading. i 7. Ordinance No. 28, Series of 1999, first reading of an Ordinance Making Steve Thompson Supplemental Appropriations and Budget Adjustments From The Town Of Vail General Fund, Dispatch Services Fund, Parking Structure Fund, Housing Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Facilities Maintenance Fund Of The 1999 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. (15 mins.) ACTION REQUESTED OF COUNCIL: Approve, modify or deny Ordinance No. 28, Series of 1999, on first reading. BACKGROUND RATIONALE: This is the second supplemental appropriation for 1999. The majority of these proposed supplementals were presented with the second quarter financial report and discussed with the council at the August 24, 1999 work session. We have shaded the line items that have been added since the last meeting. There is a net reduction in total budgeted expenditures due to the reduction of $1.9 million in capital projects. STAFF RECOMMENDATION: Approve Ordinance No. 28, Series of 1999, on first reading. 8. Ordinance No. 29, Series of 1999, first reading of an ordinance Allison Ochs disconnecting those properties as outlined in the exchange agreement between the Town of Vail and the United States Forest Service as adopted and approved in Resolution No.3, Series of 1997. (30 mins.) ACTION REQUESTED OF COUNCIL: Approve, modify or deny Ordinance No. 29, Series of 1999, on first reading. BACKGROUND RATIONALE: In February of 1997, the Town of Vail entered into an agreement with the United States Forest Service to exchange certain properties in and around the Town of Vail. This Exchange Agreement, as adopted in Resolution No. 3, Series of 1997, required the Town of Vail to de-annex these properties to fulfill the terms of the Exchange Agreement. (See memo for maps and descriptions of these properties.) STAFF RECOMMENDATION: Approve Ordinance No. 29, Series of 1999, on first reading. 9. Ordinance No. 23, Series of 1999, second reading of an ordinance George Ruther amending Chapter 7, Section 12, Public Accommodation Zone District, Tom Braun Chapter 2, Section 12 Definition and Chapter 10, Section 12 of the Town of Vail Zoning Regulations to allow for text amendments to the development standards prescribed for the Public Accommodation Zone District; providing definitions of "Fractional Fee Club Unit", "Lodge", and "Substantial Off-site Impact"; revising the parking requirement calculation for a fractional fee club unit; and setting forth details in regard thereto. A draft copy of Ordinance No. 23, Series of 1999, has been attached for reference. (20 mins.) ACTION REQUESTED OF COUNCIL: Approve, modify, deny Ordinance No. 23, Series of 1999, on second reading. BACKGROUND RATIONALE: On Monday, June 28, 1999, the Town of Vail Planning & Environmental Commission reviewed and recommended approval of the proposed text amendments to the Town of Vail Zoning Regulations, pursuant to Chapter 3, Section 12 of the Town Code. a , F ,F The Planning & Environmental Commission's recommendation of approval was based upon the review of the proposed amendments outlined in the staff memorandum and input and testimony taken during the public hearing process. Having reviewed the amendments, the Commission found, "that the proposed development standards further the development objectives of the Town, that the proposed development standards are in keeping with the purpose and intent of the Public Accommodation Zone District, and that the interests of the community are being met by the adoption and implementation of the proposed development standards and the revised development review process." STAFF RECOMMENDATION: Approve Ordinance No. 23, Series of 1999 on second reading. 11. Town Manager's Report. (5 mins.) 12. Adjournment - 9.10 p.m. NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 10/12199, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE FOLLOWING VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 10/19/99, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, 10119/99, BEGINNING AT 7:00 P.M. IN TOV COUNCIL CHAMBERS. Sign language interpretation available upon request with 24 hour notification. Please.call 479-2332 voice or 479-2356 TDD for information. C:\AGENDA.TC PUBLIC NOTICE VAIL TOWN COUNCIL MEETING SCHEDULE (as of 10/1/99) OCTOBER, 1999 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 every Tuesday afternoon. THE OCTOBER 1999 VAIL TOWN COUNCIL MEETING SCHEDULE IS AS FOLLOWS: Tuesday, October 5 1999 Work session............ 2:00 P.M. (starting time determined by length of agenda) Evening meeting......... 07:00 P.M. Tuesday, October 12, 1999 Work session............ 2:00 P.M. (starting time determined by length of agenda) Tuesday, October 19, 1999 Work session............ 2:00 P.M. (starting time determined by length of agenda) Evening meeting......... 07:00 P.M. Tuesday, October 26, 1999 Work session............ 2:00 P.M. (starting time determined by length of agenda) 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 1999 9/21/99 RE-SEEDING OF DONOVAN PARK TODD O/LARRY P/GREG H: The town did an abysmal job GREG H: We looked at the area we re-seeded and most of it took except Farrow Hitt of re-seeding. Nothing has grown whatsoever, with the for what was compacted by all the traffic. We did spray the thistles in the exception of thistles. Laying all the straw down on just dirt area we seeded. The outbreak is in an a'ea that hasn't been disturbed for a was inadequate and the town needs to live up to its promise long time. We have a significant outbreak of thistles town-wide, which will of restoring the lower bench to its former state. need to be addressed next year with a huge effort and enforcement on private property. Considering the commLnity facilities timeline, it doesn't make sense to re-seed Donovan Park. 9/21/99 FREE RIGHT ONTO 1-70 GREG H: What is the estimated schedule for completion? Paving is September 27'h, to be completed by October 1st. No ribbon cutting Mike Jewett Are we planning a ribbon-cutting? ceremony is scheduled. 9/21/99 LIONSRIDGE LOOP STREET GREG H: What is the estimated schedule for completion? The majority of paving by October 15'h, wth completion by November 1'. PROJECT/DANCING BEAR BENCH When is the Dancing Bear bench supposed to be installed? The bench will be completed in October. Sybill Navas 9/21/99 TCI FRANCHISE FEE TOM: In a request before the Council at the 9/21/99 work Kevin Foley session re: funding equipment/programming for Channel 5, the question was asked as to whether the TOV could raise the franchise fee. 9/21/99 VAIL VILLAGE TRAFFIC FLOW GREG M./GREG H.: Kelly addressed Council on the 7th, GREG H: I spoke with Kelly at her first vi3it with Council and explained how Kelly Clouder but again at the evening meeting on the 21st. She has the Master Transportation Study and the €1treetscape Master Plans several ideas for redirecting the Vail Village traffic flow, recommend to move Check Point Charlie to the intersection of Vail Road including - signs, personal directions, moving Checkpoint and Willow Road. This is dependant upon the Lodge of Vail redeveloping. Charlie (or a facsimile) to the Mayor's Park, and Council has We also have had our loading and delivery consultant and the way finding directed staff to follow up with her. consultant look at ways to minimize the amount of traffic using Vail Road as a default. We hope to see these results soon. L September 30, 1999, Page 1 9/28/99 LEASE ON BRIGHT HORIZONS BOB: With the Y2000 capital projects approval of $250,000 Bob will be having a discussion with Johr. Caldwell in the near future. Mike Jewett/Council for the renovation of Bright Horizons to replace the Community Room at the Library, it is now time to negotiate a lease w/City Market. Council would like complete details by the second reading of the budget ordinance, October 19, 1999. Among other details, Council is interesting to learn: whether the BH space reverts to the town at the end of the 49 year lease, future expectations as to common association dues, etc. 9/28/99 RED SANDSTONE SOCCER BOB/RUSSELL: Red Sandstone is the only RE50J school This is not in the budget, awaiting formal TC direction. FIELD that does not have its own playing field. Although the Kevin Foley August VRD minutes reflect Piet had "requested RETT funds," he has not made his request through the TOV (this has been discussed as a part of the Community Facilities dialogue). Staff needs Council direction on who is to take a lead role on this and to what level the TOV wishes to participate. F- T- September 30, 1999, Page 2 Memorandum To: Town Council From: Nina Timm Date: October 5, 1999 Subject: Revising the Employee Housing Guidelines 1. Introduction In the past year the Housing division has conducted 9 Vail Commons resales, 6 initial sales to the public at Red Sandstone Creek and 2 Buy-Down sales. These sales and lotteries have illuminated certain issues within the Town of Vail Employee Housing Guidelines. (See attached Guidelines.) Most of the issues simply involve clarifying current policies while others are changes or additional qualifications that Council may decide to add to the Employee Housing Guidelines. U. Issues The following is a list of issues that staff would like Council to discuss. A. Should the lottery be limited exclusively to first time homebuyers? Council made a decision to focus the Town's housing program on first time homeowners by limiting the lotteries to only current non-homeowners within Eagle County. This does not allow people who have moved "down valley" to purchase a home to return to the Town of Vail if they were interested. Currently an applicant who owns property in Eagle County must sell their home before applying for a Town of Vail Deed Restricted unit in order to be eligible. There are people, including current Town of Vail staff members who have expressed interest in moving back into the Town of Vail who already own homes outside of the Town. Is Council interested in creating an option for people who want to move back into the Town of Vail or an option for Town of Vail staff members who would like to return to the Town of Vail? If Council would like to see down valley residents return to the Town of Vail perhaps a two-tier system should be created. The system may have a tier for first time homebuyers and a second tier for current homeowners who would like to return to the Town. B. Should a lottery applicant be allowed to quit-claim deed to a spouse to be eligible for Town of Vail Deed Restricted housing? Staff would like to see a change to the Employee Housing Guidelines that does not allow married people who currently own a home to be eligible to participate in the lotteries. 1 Quit claim deeding a unit to only one person is thought to be in violation of the spirit of the housing program. It may be appropriate to place a date by which an applicant no longer be a homeowner to establish eligibility for the lottery process. This will also prevent a couple from owning two homes with one of them being a Town of Vail Deed Restricted unit. C. In evaluating longevity in Eagle County should staff look at all the years that someone has lived in Eagle County or continue with only current and consecutive years in the Eagle County? Also for the weighted points given for time living and/or working within the Town of Vail, should it continue to be only current and consecutive years or total number of years? Staff has been asked by lottery applicants to ask for consideration for all years of living and working in Eagle County and not just current and consecutive years. There has also been concern expressed by people who previously lived in Vail and have moved "down valley" who would like to return to Vail. Due to the weighted points for current and consecutive years of residence and/or employment in Vail some applicants that have cumulatively lived in Vail for quite some time do not have enough points to qualify for the top tiers in the lottery process. D. For people who grew up in the County and then leave for higher education outside of the County, should there be a limit on the numbers of years away that does not impact their standing in the lottery? Also, if school is only part-time should this impact their standing in the lottery? In evaluating lottery applicants, staff has allowed for all years away in school and in one instance gave the lottery applicant the benefit of the doubt in regards to being in school part-time. Staff feels that a limit on the number of years away for school will eliminate future trouble by having a clearly stated time frame. A limit of five years would allow for a traditional undergraduate education to be completed. There is another question about what is someone's domicile and their intention to return to Vail after being away that may effect current and consecutive years of residency. An option could be to require voter registration and use that as a test for where someone's permanent residence is located. E. If a child is no longer counted on the federal tag returns as a dependent, but continues to live at home should that child be used to meet the minimum family requirement? When faced with this issue in a previous lottery staff did not allow an applicant to "count" their child because they were no longer considered a dependent on federal tax returns. Staff would like Council to provide some direction on this issue. 2 I F. Also related to the family size requirement, what if the applicant wants to count a pregnancy for the minimum family size requirement? Aspen has contemplated this issue and they allow a pregnancy to be used for minimum family size as long as there is a note from a Pitkin County doctor. Other communities do not have a family size requirement so staff was not able to find other examples to draw from. G. When a unit is vacated, is the current owner obligated to pay to have the carpets cleaned and the unit professionally cleaned if necessary? As the units become older there is more maintenance that is needed when people move out of their homes. Basic maintenance, i.e. painting, carpet cleaning, are not improvements that are counted towards the resale price. Currently staff is requiring sellers to clean their carpet and the unit. This is something that staff would like to simply see stated in the EHU Guidelines. Staff will be coming back to Council with potential changes to the allowed Capital Improvements in the Master Deed Restriction such as being able to recoup the cost of capital improvements made to the common and limited common elements based on the percentage of ownership. The Board of Directors of Vail Commons Homeowners Association has asked that some specific items not currently included in the permitted improvements be added to the list. Staff is still working with the Vail Commons Homeowners Association on this issue. H. Should there be limits on an applicant's income or assets? When the EHU Guidelines were created Council decided that they did not want to place income or asset caps on applicants. Staff does not feel that there are people "taking advantage" of the system, but some members of the community have asked us to bring this question to Council. 1. Finally, when there is a clear winner of the lottery should there still be a lottery held? Should there be preset tier rankings? The amount of time required to conduct a lottery makes it less effective to hold when there is a clear winner of the lottery. By eliminating the lottery when the winner is apparent would speed up the resale process for both the buyer and the seller. We would be in a position to move to a closing more quickly. Additionally, preset tier rankings would remove all subjectivity to lottery standings. This may also increase the number of lotteries that have a single person in the top tier. Initially lottery tiers were created based on the point spreads of the participants. More trecently staff has been using more preset lottery tiers. A benefit to set tier breaks is that lottery participants are less likely to be in the top tier in one lottery and find themselves in the third tier in the next lottery they participate in. 3 J. Is there the possibility of creating a permanent reserve list for resales of existing units? With the volume of resales that have been conducted lately there would be timesaving in creating a permanent list for resales of Town of Vail Deed Restricted units. There are a couple of possibilities, each with pros and cons. In all instances it would be a lottery independent of any sales. The first option would be to conduct a lottery like we have currently been conducting them and use this list as a permanent resale reserve list. The first person drawn from the top tier would have the option of purchasing the first unit that became available. If that person choose not to purchase the unit they would be dropped to the end of the list and the next person in line would have the option to purchase and so on down the entire list. The down side to this system is for people who have lived in town for many years but do not participate in the original lottery. They would then be placed at the bottom of the list. A second option would be to do a master resale lottery on an annual basis. It would be more time consuming to conduct annual lotteries but may allow more people to participate. The downside to this system is if you were the top person on the list one-year the next year's lottery may leave you way down the list. A third option would be to have a completely random lottery with no point or tier system The only criteria for participation would be that the applicant qualified under the Employee Housing Guidelines. This system would require far less staff time for evaluating applicants. The down side here would be there is no reward for having lived and worked in the community for some time. Another option is to keep the lottery process exactly as it is today. Staff would recommend that for all new developments a lottery be held and that if a permanent list is created it only be used for resales. III. Rental Housing As the Town looks towards creating more housing one thing that is not in place are guidelines for rental product. Currently the only guideline is that the resident must work a minimum of thirty hours per week at a licensed Eagle County business. Staff does not think that this should be changed at this point in time. It is simply something to think about for future discussions. 4 IV. Actions Requested of Council With Council's decisions on these issues staff will prepare revisions to the Town of Vail Employee Housing Guidelines and bring them back to the Town Council. The critical questions needing answers are: A. Should the lottery be limited exclusively to first time homebuyers? B. Should the first time homebuyer requirement be changed to allow people to move back into the Town of Vail? C. In evaluating longevity within Eagle County and the Town of Vail should staff look at all years or continue with current and consecutive years only? D. For people leaving for educational purposes should there be a limit on the number of years away from Eagle County before it impacts their standing in the lottery? E. If a child is no longer considered a dependent on federal tax returns but continues to live with their parents can that child be used to meet the minimum family size requirement? F. What if an applicant wants to count a pregnancy towards meeting the minimum family size requirement? G. Should there be limits on an applicant's income or assets? H. Do we maintain the current lottery system or look at an alternative? 15 THE TOWN OF VAIL EMPLOYEE HOUSING GUIDELINES 10-13-98 Town of Vail Employee Housing Guidelines Page l of 10 I. PURPOSE The purpose of the Employee Housing Guidelines-(Guidelines) is to set forth the occupancy requirements, re-sale procedures, and resale price limitations for the Town of Vail deed restricted for-sale employee housing. Additional information pertaining to Employee Housing Unit deed restrictions can be found in the applicable Master Deed Restriction Agreement (Master Deed Restriction) for the occupancy and resale of certain projects such as Vail Commons. Prior to closing on a employee housing unit, the owner must sign an individual deed restriction which references the Guidelines and the Master Deed Restriction which will be recorded at the closing, and which will run with the property in perpetuity. II. MAXIMUM RESALE PRICE An owner may desire to sell a deed-restricted Employee Housing Unit provided that the resale price and prospective purchaser meet the standards of the Guidelines and the Master Deed Restriction. Resale price may not exceed: A. The original price plus B. An increment equal to 3% per annum of the original purchase price from the date of purchase (prorated at the rate of 0.25% for each whole month of any part of any year) plus C. The value of capital improvements (including professional architect's fees) made to the Employee Housing Unit not exceeding 10% of the original purchase price. For every ten years from the date of original purchase and deed restriction, another ten percent of the purchase price may be added to the value of the property for capital improvements plus D. The value of any special assessments made by a homeowner's association or by a local government that has been paid by the owner. Additional details regarding resale value as well as calculation methods are provided in the deed restriction. III. RESALE PROCEDURES The deed-restricted unit must be listed for sale with the Town of Vail. A. Listing the Unit with the Town of Vail: Staff Duties 1. An owner of an affordable housing unit desiring to sell should consult with Town staff (Housing Division) and review the individual deed restriction and the Master Deed Restriction covering the unit to determine the maximum sales price permitted and other applicable provisions concerning a sale. Unless otherwise provided in the Master Deed Town of Vail Employee Housing Guidelines Page 2 of 10 Restriction, the unit must be listed for sale with the Town and the Town staff or its designee will administer the sale in accordance with the Guidelines in effect at the time of listing. There shall be a minimum listing period of three months before a unit's price can be readjusted. Any termination in the listing may require the payment of administrative and advertising costs. The 'h percent of the sales price required to be deposited with Town staff at time of listing will be forfeited. Costs exceeding the amount of the deposit shall be paid by the owner. 2. The Guidelines are intended to assure that ALL purchasers and ALL sellers will be treated fairly and impartially. Questions will be answered and help provided to any potential purchasers or sellers equally in accordance with the current Guidelines. Listings, sales contracts, extensions to contracts and closing documents will be prepared and all actions necessary to consummate the sale shall be undertaken. 3. In pursuit of the above, the staff will be acting on behalf of the Town. It should be clearly understood by and between all parties to a sales transaction that the staff members are not acting as licensed brokers to the transaction, but as representatives of the Town and its interests. They shall nevertheless attempt to help both parties consummate a fair and equitable sale in accordance with the then current Guidelines. 4. All purchasers and sellers are advised to consult legal counsel regarding examination of title and all contracts, agreements and title documents. The retention of such counsel, licensed real estate brokers, or such related services, shall be at purchaser's or seller's own expense. The fees paid to the Town are to be paid regardless of any actions or services that the purchaser or seller may undertake or acquire. B. Advertising the Sale: Bid Periods 1. After a unit is listed for sale with the Town, the Town will arrange to advertise the unit for sale in two consecutive Friday editions of the Vail Daily and the Vail Trail. When a unit is first listed, there is an initial two- week bid period during which the unit will be advertised with two open house dates when the unit may be viewed by interested parties. The initial two-week bid period ends on the Friday after the second week of advertising. If no bids are received during the initial bid period, there will follow consecutive one-week bid periods, ending on Friday, until the unit is sold. 2. If more than one bid is received during any bid period, the bids shall be prioritized according to the criteria of the then-current Guidelines. If more Town of Vail Employee Housing Guidelines Page 3 of 10 than one bid is in top priority, a lottery will be held and the winner will be notified. If the winner of the lottery does not proceed to contract within five business days after notification, the next in line will be notified and so on, until the unit is under contract for purchase. Back-up contracts in the priority order set forth in the lottery will be accepted. Prospective purchasers must be pre-qualified by a lender prior to submitting a bid for affordable housing. Names of authorized lenders are available from the Town. Town staff will be available to assist interested parties with the purchase procedures and to answer any questions about the process. C. Sales and Other Fees: 1. Unless otherwise set forth in the Master Deed Restriction covering the unit, at the closing of the sale, the seller will pay the Town a sales fee equal to two (2) percent of the sales price. The Town may instruct the title company to pay said fees to the Town out of the funds held for the seller at the closing. Unless otherwise specified in the Master Deed Restriction, a one-half percent (1/2%) fee is paid by the Seller at the time of listing, which is applied to the total sales fee payable at closing. In the event that the seller fails to perform under the listing contract, rejects all offers at maximum price in cash or cash-equivalent terms, or should withdraw the listing after advertising has commenced, that portion of the fee will not be refunded. In the event that the seller withdraws for failure of any bids to be received at maximum price or with acceptable terms, the advertising and administrative costs incurred by the Town shall be deducted from the fee, with the balance credited to the owner's sales fee when the property is sold. 2. Conventional-type financing provisions (i.e. FNMA) are those which provide, among other things, for the removal of the Master Deed Restriction on the unit upon foreclosure of the mortgage if the Town does not exercise its option to purchase the unit within a specified time following foreclosure. Unless otherwise set forth in the Deed Restriction covering the unit, upon the initial sale, resale or refinancing of units where conventional-type financing provisions-are used (the use of which shall be at the sole discretion of the Town) there may be a fee charged by the Town. The fee shall be paid by the mortgagor; shall be based on the amount of the mortgage; shall be paid for each mortgage transaction; and shall be deposited in the Town mortgage reserve fund account. If the fee is paid on a unit and the unit is subsequently refinanced, the fee shall only apply to that amount of the refinanced mortgage greater than the initial Town of Vail Employee Housing Guidelines Page 4 of 10 mortgage upon which the fee was initially collected. The amount and adequacy of the fee and the mortgage reserve fund shall be reviewed annually as part of the review of the Guidelines. D. Deed Restriction: The purchaser must execute, in a form satisfactory to the Town and for recording with the Eagle County Clerk concurrent with the closing of the sale, a document acknowledging the purchaser's agreement to be bound by (1) the recorded Master Deed Restriction covering the sale unit and (2) the then-current Guidelines. IV. RESALE LOTTERY CRITERIA A. There are five basic eligibility requirements which must be met prior to an individual submitting a bid to purchase an employee housing unit. 1. The applicant must intend to use the unit as his/her primary residence and maintain it as his/her primary residence in the future. 2. The applicant must be currently employed at a business located within Eagle County which holds a business license with the appropriate jurisdiction (Town of Vail, Town of Avon, etc.), must be employed an average of 30 hours each week on an annual basis, and must maintain this level of employment for as long as he or she owns the unit. 3. The applicant may not own residential real estate in Eagle County at the time of application, except where that real estate is deed restricted as a Town of Vail employee housing unit with a resale appreciation cap. 4. The applicant must be prequalified with a mortgage lender. 5. For the three bedroom units at Vail Commons and Red Sandstone, the applicant must have a household size of 3 or more persons. For the purposes of determining household size, applicants may include all persons related to the applicant by blood, marriage, or adoption. If the applicant plans to include dependents, they must be listed on federal income tax forms and reside in the household at least 'six months and one day out of every 12 month period of time. Town of Vail Employee Housing Guidelines Page 5 of 10 B. Once basic eligibility has been met, the qualified person(s) submitting the highest bid price (not to exceed the maximum bid price) during a bidding period shall have the first right to negotiate purchase of the unit. If two or more qualified bids are submitted at the highest bid price, they shall receive preference and be prioritized for selection as the top bidder based on the highest score using the criteria listed below. Each year of residency and employment in Eagle County will count as one point in determining the total score. Additional points will be determined as follows: 1. Current and consecutive years of employment in Vail shall be weighted at 3:1 over consecutive years of employment elsewhere in Eagle County and historical employment in Vail immediately preceding consecutive employment elsewhere in Eagle County. S 2. Current and consecutive year/of residence in Vail shall be weighted at 3:1 over consecutive years of residence elsewhere in Eagle County and historical residence in Vail immediately preceding consecutive residence elsewhere in Eagle County. C. Notes: 1. The physical place of residence and employment is what counts, not the mailing address. 2. Employment physically located on Vail Mountain shall be considered inside the Town of Vail. 3. Employment requiring work to be completed at locations "on-site" throughout Eagle County (e.g., construction sites) shall be considered outside the Town of Vail. 4. Seasonal work and part time work shall be counted on a pro-rata basis. Seasonal work and part time work alone may not be adequate to meet the 30 hours/week average annual requirement. This type of work may need to augment other employment to meet the minimum eligibility. 5. For the purposes of determining the standing of each applicant, each year of residency (or employment) reflects one point. For the portion of time in excess of a complete year, the Town will round to the next highest number if the time exceeds six months and one day. If the time is less than six months, the Town will round down. Town of Vail Employee Housing Guidelines Page 6 of 10 6. If two individuals are applying jointly, the years of employment and/or residency shall not be combined. The single individual with the longest record of employment and/or residency shall use his or her record for the purposes of determining longevity. 7. Persons who own residences located in Vail or Eagle County at the time of the bid deadline are not eligible. 8. All claims-will be verified by Town of Vail staff. Claims of residence or employment that do not check out or are un-verifiable will not be counted in determining your longevity. V. OCCUPANCY REQUIREMENTS Once an Employee Housing Unit has been purchased, it must continue to be occupied in a manner.which is consistent with the goals and policies of the Town of Vail Housing Program. The purchased Employee Housing Unit must be owner occupied by: An employee, working in Eagle County who works an average of thirty hours per week on an annual basis. A retired individual, sixty years or older, who has worked a minimum of five years in Eagle County for an average of thirty hours per week on an annual basis. Notes: A. A leave of absence may be granted for one year, subject to clear and convincing evidence which shows a reason for leaving and a commitment to return to the Vail/Eagle County area may be approved by the Town. Said evidence shall be in written form presented to the Town for review and recommendations 30 days prior to leaving. The Leave of Absence shall be for one year and may, at the discretion of the Town, be extended for one year, but in no event shall it exceed two years. The unit must be rented during said year or years to residents who comply with occupancy requirements. Rental periods shall be not less than 30 days. After verification and qualification of tenant(s), a copy of the executed lease shall be furnished to the Town. B. If the Employee Housing Unit is listed for sale and the owner must relocate to another area, the unit may, upon approval of the Town, be rented prior to completion of the sale to persons who comply with the occupancy requirements. A letter must be sent to the Town of Vail Housing staff requesting permission to rent the unit until sold. A lease of not less than (6) months must be provided to the tenants with a sixty (60) day move out clause upon notification that the unit is sold. Town of Vail Employee Housing Guidelines Page 7 of 10 C. Occupants may request waivers to the provisions of this section by providing a written request to the Town of Vail Housing staff, which will then be forwarded to the Town Council for their consideration. D. Co-signers may be allowed but shall not occupy the unit unless the occupancy requirements of this section are met. VI. ANNUAL VERIFICATION REQUIRED; PENALTIES FOR VIOLATION A. No later than February 1 st of each year, the owner of the restricted employee housing unit shall submit two copies of a report, on a form to be obtained from the Community Development Department, to the Town of Vail Housing Authority and the Town of Vail Community Development Department verifying that the dwelling unit continues to be owner occupied in accordance with Section V of the Guidelines, that the occupant has worked thirty hours per week for the previous year, and where the occupant has worked. B. If the Town determines that there has been a violation of the occupancy standards, the owner of the restricted employee housing unit shall be found to be in noncompliance. Penalties the Town may assess against the owner include eliminating resale gain and/or penalties found in the Town of Vail Municipal Code Section 1.01.100. Any misrepresentation by an applicant in submittal material shall disqualify the applicant from purchasing an Employee Housing Unit. VII. SUBMITTAL REQUIREMENTS In conjunction with completing an application to purchase an Employee Housing Unit, the applicant shall provide, upon request by the Town, the following documentation as proof of residency and employment: A. Federal Income Tax return forms. Applicant must provide the last four (4) years of Federal Income Tax Returns, an audited financial statement, or acceptable documentation to the Town. B. Verification of current employment in Vail or Eagle County (i.e., wage stubs, employer name, address and phone number or other appropriate documentation as requested by the Town). C. Landlord verification (proof of residency, physical address). D. Valid Colorado Driver's License (address, issue date). Town of Vail Employee Housing Guidelines Page 8 of 10 E. Prequalification for a loan from a bank or mortgage company. F. Deposits for down payment shall be verified by the holder of such funds. G. Any co-ownership interest other than joint tenancy or tenancy-in-common must be approved by the Town. H. Signed authorization from the applicant allowing the Town of Vail to discuss details with applicant's employer. 1. Any documentation which the Town deems necessary to make a determination. VIII. FORECLOSURE In the event of a foreclosure or of acceptance of a deed in lieu of foreclosure by the holder (includirig here and hereinafter assigns of the holder) of the promissory note secured by a first deed of trust on a deed restricted dwelling unit (hereinafter "the Property"), and subject to the issuance of a public trustee"s deed to the holder following the expiration of all statutory redemption rights, the Town of Vail (the "Town") shall have the option to purchase the Property which shall be exercised in the following manner: a. Notice. The holder shall give such notice to the Town as is required by law in the foreclosure proceeding. Said notice shall be sent by certified mail, return receipt requested, and addressed as follows: Senior Housing Policy Planner Town of Vail 75 S. Frontage Road Vail, CO 81675 b. Option to Purchase. The Town shall have 30 days after issuance of the public trustee's deed or the acceptance of a deed in lieu of foreclosure by the holder in which to exercise this option to purchase by tendering to the holder, in cash or certified funds, an amount equal to the redemption price which would have been required of the borrower or any person who might be liable upon a deficiency on the last day of the statutory redemption period(s) and any additional reasonable costs incurred by the holder during the option period which are directly related to the foreclosure. Town of Vail Employee Housing Guidelines Page 9 of 10 C. Title. Upon receipt of the option price, the holder shall deliver to the Town a special warranty deed, conveying the property to the Town. The holder shall convey only such title as it received through the public trustee's deed and will not create or participate in the creation of any additional liens or encumbrances against the Property following issuance of the public trustee's deed to the holder. The holder shall not be liable for any of the costs of conveyance to the Town or its designee. d. Release. In the event that the holder is issued a public trustee's deed and the Town does not exercise the option to purchase, as provided herein, the Town shall cause to be recorded in the records of the Clerk and Recorder of Eagle County a full and complete release - the describe covenants affecting the Property which appear in .;,-id records in Book at Page . Such release shall be placed of recorC within 14 days after demand therefor by the holder following expiration of the option i d a certified copy of the release shall be mailed to the holder upon its recordation. e. Perpetuities Savings Clause. If any of the terms, covenants, conditions, restrictions, uses, limitations, obligations or options created by this Option to Purchase shall be unlawful or void for violation of. (a) the rule against perpetuities or some analogous statutory provision, (b) the rule restricting restraints on alienation, or (c) any other statutory or common law rules imposing like or similar time limits, then such provision shall continue only for the period of the lives of the current duly elected and seated Town Council of the Town of Vail, Vail, Colorado, their now living descendants, if any, and the survivor of them, plus twenty-one (21) years. f. Successors and Assigns. Except as otherwise provided herein, the provisions and covenants containf .1 herein shall inure to and be binding upon the heirs, successors and assigns of the parti,. hereto. g. Modifications. The parties hereto agree that any modification to this option to purchase shall be effective only when made be writing s signed by both parties and recorded with th Clerk and Recorder of Eagle County, Colorado. IX. For additional information, contact the Housing Division of the Town of Vail Department of Community Development. Town of Vail Employee Housing Guidelines Page 10 of 10 MEMORANDUM TO: Town Council FROM: Community Development DATE: October 5, 1999 SUBJECT: A request for a worksession to discuss amendments to title 12, Zoning with respect to Employee Housing Unit Standards, Minimum Lot.Size Requirements in the Primary/Secondary and Two-Family Residential Zone Districts and Site Coverage Standards. Applicant: Town of Vail Planner: Dominic Mauriello 1. DESCRIPTION OF THE REQUEST On June 15, 1999 the Community Development Department presented to the Town Council some potential revisions to the Town Code having impact on the provision of employee housing in the Town's duplex zone districts, Two-Family Residential and Two-Family Primary/Secondary Residential. The Town Council gave staff the direction to move forward with the concepts presented. The PEC has reviewed the proposal at its August 23, 1999 and September 13, 1999 meetings. The PEC recommended several modifications to the proposal which have been incorporated into the proposal. The PEC recommended approval of the proposed changes with 2 minor modifications on September 27, 1999. The changes included allowing EHU's to be separated from the main structure if constructed in conjunction with garage and removal of the provision that would have required both owners of a duplex to sign the application for an EHU. Those changes are included in the proposed text. As part of the Vail Tomorrow and Common Ground processes the community stated that the Town needed to improve its incentives for private developers to create Employee Housing Units (EHUs). Staff has identified some areas of the Zoning Regulations that may need to be modified in order to ensure that the Zoning Regulations are truly "promoting" employee housing rather than acting more as a disincentive. The intent of presenting this is to gauge whether the Town Council agrees that there may be areas that need to be addressed in the code and if staff should work to resolve these issues. The following is a list of what we believe to be disincentives to providing EHUs: • Requiring garage space for an EHU, where code does not require garage space for other dwelling units • Restricting the sale of a Type I and Type II EHU and requiring that it be a rental property Page 1 of 6 F:\EVERYONE\COLTNCIL\MEMOS\99\EHU o05.doc TOROFY AIL 11y • Taking away the right to do a "250" on older homes if an EHU GRFA credit is used • Not allowing enough site coverage to build the EHU on smaller lots • Not providing GRFA credits for multiple-family EHUs (Type III) • Counting Type III EHUs as an impact on density II. ROLES OF THE REVIEWING BOARDS Planning and Environmental Commission: Action: The PEC is advisory to the Town Council. The PEC shall review the proposal for and make a recommendation to the Town Council on the compatibility of the proposed text changes for consistency with the Vail Comprehensive Plans and impact on the general welfare of the community. Staff: The staff is responsible for ensuring that all submittal requirements are provided. The staff advises the applicant as to compliance with the Zoning Regulations. Staff provides analyses and recommendations to the PEC and Town Council on any text proposal. Town Council: Action: The Town Council is responsible for final approval/denial on code amendments. The Town Council shall review and approve the proposal based on the compatibility of the proposed text changes for consistency with the Vail Comprehensive Plans and impact on the general welfare of the community. Design Review Board: Action: The DRB has NO review authority on code amendments. III. RECOMMENDATION No action is requested of the Town Council at this worksession. VI. SUMMARY OF POTENTIAL ZONING TEXT CHANGES Chapter 13, Employee Housing 1. Deed Restrictions/Enforcement (see attachment pages 1-2) This proposal adds a provision requiring that EHUs be rented and not remain vacant for a period of 4 consecutive months. The existing compliance language is being removed so that violations of this chapter can be processed like any other zoning violation. The current compliance statement provides for "publication" of the violation with the Housing. Authority. The proposed language will aid in the enforcement of EHUs by establishing that they must be rented and allowing the Town to cite the owner when they are not Page 2 of 6 F:\EVERY0NE\C0UNCIL\MEM0S\99\EHU o05.doc meeting these requirements. The current regulations are unclear as to the occupancy requirements. Additionally, the current reporting requirement provides that the owner provide a report of rental activity. This proposal requires a sworn affidavit from the owner. This will aid with the enforcement of EHUs. Language has been added to the purpose section allowing for the administrative creation of incentives and the development of the clearing house concept. Staff is currently developing plans for implementation of these.concepts and will present these to the PEC at some point in the future. 2. Development Standards (see attachment page 3) This proposal includes a provision for detaching garages with EHUs on small lots at the direction of the PEC. A standard for occupancy has been added allowing no more than two persons per bedroom to occupy an EHU. 3. Application Procedure (see attachment page 3) This section is proposed to be amended to allow existing dwelling units to be deed restricted administratively. Additionally, this section would allow legal nonconforming units to be deed restricted as long as they otherwise conform to the Uniform Building Code and can meet the Town's parking requirements. This will allow EHUs to be created without going through a lengthy review process and helps encourage the legalization of substandard dwelling units/lock-offs. Additionally, a provision has been added codifying the first come, first serve rule for Type 11 EHUs. The proposal also includes waiving the DRB fees for a project. Other fee waivers can be developed administratively to encourage the development of EHUs. 4. Changes by EHU Type (see attachment pages 5-7) A. Type I (2nd unit allowed on duplex lots less than 15,000 sq. ft.) • Allowed to be sold separately from main residence (currently, both units on lot must be deed restricted to allow sale) • Allowed an additional 500 sq. ft. of GRFA (currently only allowed 250 sq. ft.) • Units allowed to apply for 250s regardless of EHU presence • Site coverage increased 5% and landscape area reduced 5% for lots with an EHU • Removal of age limitations • Removal of requirement that 50% of the parking be enclosed (all parking required on-site) • Addition of 75 sq. ft. storage space credit B. Type II (3rd unit allowed on duplex lots 15,000 sq. ft.) • Allowed as a conditional use (no change) • Maintain as a rental unit and not allow sale • Units allowed to apply for 250s regardless of EHU presence Page 3 of 6 F:\EVERYONE\COUNCIL\MEMOS\99\EHU oO5.doe • Maximum size increased to 1,200 sq. ft. (currently 900 sq. ft. limit) • Removal of age limitations • Removal of requirement that 50% of the parking be enclosed (all parking required on-site) • Addition of 75 sq. ft. storage space credit C. Type III (rental unit in multiple-family, residential cluster) • Provides a 500 sq. ft. GRFA credit (no credit currently exists) • Parking simplified to meet Chapter 10 requirements • Modified to include Type IV EHUs (Type IV category being removed) • Min./Max. sq. ft. modified to allow 300 sq. ft. minimum and 1,200 sq. ft. maximum for dwelling unit or 500 sq. ft. maximum for a dormitory style building • Proposed to not count as density (currently count as 0.5 of a dwelling unit and Type IV as 0.333 of a dwelling unit) • Removal of age limitations D. Type IV (multiple family, dormitory) • Eliminated as a category but rolled into Type III • None exist today F. Type V (Hillside Residential - Spraddle Creek) • Removal of requirement that 50% of the parking be enclosed (all parking required on-site) G. Type VI (New Type for projects like Vail Commons and Red Sandstone) • Allowed on any existing dwelling unit in the town • EHUs must be sold separately (they are for sale units, not rental) Effect of Proposed Changes on GRFA, Site Coverage, and Landscape Area Current Regulations Proposed Regulations 14,000 sq. ft. lot 14,000 sq. ft. lot (dwelling unit plus Type I EHU) (dwelling unit plus Type I EHU) GRFA: 3,560 sq. ft. (base) 3,500 sq. ft. (base) +425 sq. ft. (primary credit) +425 sq. ft. (primary credit) +425 sq. ft. (EHU credit) +425 sq. ft. (EHU credit) +250 (EHU credit) +500 sq. ft. (EHU credit) 4,600 sq. ft. 4,850 sq. ft. Site Coverage: 2,800 sq. ft. (max.) 2,800 sq. ft. +700 sq. ft. (EHU credit) 3,500 sq. ft. (max.) Landscape Area: 8,400 sq. ft. (min.) 8,400 sq. ft. (min.) -700 sq. ft. (EHU credit) 7,700 sq. ft. (min.) Page 4 of 6 F:\EVERYONE\COLNCIL\iiMEMOS\99\EHU oa5.doc 5. Minimum Lot Size in the Primary/Secondary and Two-Family Residential Zone Districts (see attachment page 8) The minimum lot size requirement in the Primary/Secondary and Two-Family Residential Zone districts of 15,000 sq. ft. has an impact on the number of EHUs property owners are willing to develop and an impact on redevelopment and upgrading of these units. The 15,000 sq. ft. minimum lot size requirement dates back to 1973 with the first full- scale re-codification of the Zoning Code (the 1969 Zoning Code required only 10,000 sq. ft. lots). That minimum lot size was applicable to platting occurring mostly in the Vail Village and Vail Valley filings. When the West Vail areas (1986 - 87) and the East Vail (1974) areas were annexed, the Town's zoning was applied to lots platted in Eagle County without regard for the County's lot size requirements of the time. There are approximately 936 lots in the Town of Vail that are zoned Two-Family or Two-. Family Primary/Secondary which are undeveloped, developed with a single-family home, or a two-family residence (i.e., this number does not include properties developed with multiple family projects). Of these 936 lots, staff estimates that 32% (300 lots) of these lots have lot sizes less than 15,000 sq. ft. Staff was not able to break down the number of lots by specific lot size. This ability will be available in the near future with the implementation of our geographic information system (GIS). The PEC and staff believe that by lowering the minimum lot size, even by 1,000 sq. ft., may encourage redevelopment of homes and the creation of Type II EHUs. The majority of lots of less than 15,000 sq. ft. are located in East and West Vail. These lots were annexed to the Town of Vail and applied zoning that did not reflect the plats that were recorded by Eagle County. These lots range from 9,000 sq. ft. to 15,000 sq. ft. The PEC and the staff believe that a change to the minimum lot size requirement of 15,000 sq. ft. might encourage redevelopment of older homes in Vail. The PEC felt that lowering the minimum lot size to 14,000 sq. ft. might be a good idea to test the concept and that lowering the limit might encourage redevelopment. The proposal includes having a provision that any new subdivisions would continue to have a minimum lot size of 15,000 sq. ft. and that any existing deed restricted employee housing units would have to be maintained and not eliminated. 6. Existing Nonconforming Lots with Two Legally Created Ownerships The PEC gave staff the direction not to propose code changes to solve this ownership issue, but rather for staff and the PEC to recognize this ownership as a form of hardship for the purpose of considering density variances. This would allow GRFA expansions to these dwelling units without requiring that one dwelling unit be deed restricted as a Type I EHU. Staff will immediately implement this policy directive. 7. Incentives developed administratively The PEC has recommended that continuing incentives be developed in order to encourage appropriate use of EHUs in Town (i.e., annual ski pass). Also recommended is that these incentives only apply to newer rental EHUs with the current deed restriction. Therefore, if an owner with an older deed restriction would like to take advantage of any new incentives that might be developed, they would have to update the deed restriction. Staff is proposing that incentives be developed administratively and with Town Council Page 5 of 6 F:\EVERYONE\COUNCIL\MEMOS\99\EHU o05.doc approval and not be codified, as they may need to change from time to time. Page 6 of 6 F:\EVERYONE\COUNCIL\MEMOS\99\EHU o05.doc As Revised by the PEC on September 27, 1999 CHAPTER 13 EMPLOYEE HOUSING SECTION: 12-13-1: Purpose 12-13-2: Applicability 12-13-3: General Requirements 12-13-4: Requirements by Employee Housing Unit (EHU) Type 12-13-1: Purpose. The Town's economy is largely tourist based and the health of this economy is premised on exemplary service for Vail's guests. Vail's ability to provide such service is dependent upon a strong, high quality and consistently available work force. To achieve such a work force, the community must work to provide quality living and working conditions. Availability of housing plays a critical role in creating quality living and working conditions for the community's work force. The Town recognizes a permanent, year-round population plays an important role in sustaining a healthy, viable community. Further, the Town recognizes its role in conjunction with the private sector in ensuring housing is available. The Town may pursue additional incentives administratively to encourage the development of employee housing units These incentives may include, but are not limited to, cash vouchers fee waivers tax abatement and in kind services to owners and creators of employee housing units. The Town of Vail or the Town's designee may maintain a registry and create lists of all deed restricted housing units created in the Town to assist employers and those seeking housing. 12-13-2: Applicability. A. Chapter Provisions In Addition: The requirements of this Chapter shall be in addition to the requirements set forth in each zone district where employee housing units (EHU) are permitted by this Chapter and all other requirements of this Code. B. Controlling Provision: Where the provisions or requirements of this Chapter conflict with the provisions or requirements set forth in any zone district or any other requirements of this Code, the provisions of this Chapter shall control. 12-13-3: General Requirements. This section provides general requirements which are applicable to EHUs. A. Deed Restriction, Occupancy Limitations, Reporting Requirements Type I, II, III, and V. 1. No employee housing unit which is GGR8tr, Gted -,GGGrd. Rre with governed by this Chapter shall be subdivided or divided into any form of time shares, interval ownerships, or fractional fee. 2. For EHUs which are leased, they shall only be leased to and occupied by tenants who are full-time employees who work in Eagle County. An EHU shall not be leased for a period less than thirty (30) consecutive days. For the purposes of this Chapter, a full-time employee is one who works an average of a minimum of thirty • 1 (30) hours each week. The owner of each EHU shall rent the unit at a monthly rental rate consistent with or lower than those market rates prevalent for similar properties in the Town. An EHU shall be continuously rented and shall not remain vacant for a period to exceed 4 consecutive months. The T40AVP WGUSiRg Ayiherity will deterwiRe the market rate based OR the study of T-OWR. The market ra4e shall be based GR aR aveFage ef a mipiwurp Pf five (5) _11_1S Ret available at ether peRalties aRd rectrintienc nreerided heroin, ° unit fouRd to he. in 3. For an EHU which can be sold separately, the EHU must be used by the owner of the EHU as a permanent residence. For the purpose of this paragraph, a permanent residence shall mean the home or place in which one's habitation is fixed and to which one, whenever he or she is absent, has a present intention of returning after a departure or absence therefrom, regardless of the duration of absence. In determining what is a permanent residence, the town staff shall take the following circumstances relating to the owner of the residence into account: business pursuits, employment, income sources, residence for income or other tax purposes, age, marital status, residence of parents, spouse and children if any, location of personal and real property, and motor vehicle registration. Thirty (30) days prior to the transfer of a deed for an EHU, the prospective purchaser shall submit an application to the Department of Community Development documenting that the prospective purchaser meets the criteria set forth herein and shall include an affidavit affirming that he or she meets these criteria. 4. No later than February 1 of each year, the owner of each employee housing unit within the Town which is constructed following the effective date of this Chapter shall submit two (2) copies of a FepGA a sworn affidavit on a form to be obtained from the Community Development Department, to the Community Development Department setting forth evidence establishing that the employee housing unit has been rented or owner occupied throughout the year, the rental rate, the employer, and that each tenant who resides within the employee housing unit is a full-time employee in Eagle County. 5. The provisions set forth in this subsection (A) shall be incorporated into a written agreement in a form approved by the Town Attorney which shall run with the land and shall not be amended or terminated without the written approval of the Town. Said agreement shall be recorded at the County Clerk and Recorder office prior to the issuance of a building permit for the construction of an EHU. B. Deed Restriction, Occupancy Limitations, Reporting Requirements Type VI. All Type VI Employee housing unit deed restrictions shall be incorporated into an agreement in a form and substance acceptable to the Town Manager and Town Attorney. 2 C. Development Standards. 1. No property containing an EHU shall exceed the maximum GRFA permitted in Title 12 except as specifically provided in herein. 2. All trash facilities shall be enclosed. 3. All surface parking shall be screened by landscaping or berms as per Chapter 12- 11, Design Review. 4. Each EHU shall have its own entrance. There shall be no interior access from any EHU to any dwelling unit it may be attached to. 5. An EHU may be located in, or attached to, an existing garage (whether located in a required setback or not) pFevided the garage 1° REA IGG°ted Within nnv setbaG4 aRd f i, provided that no existing parking required by the Town Municipal Code is reduced or eliminated. A Type I EHU which has 500 sq. ft. or less of GRFA, may be considered for physical separation from the primary unit if it is constructed in conjunction with a two car garage and is otherwise compatible with the surrounding properties, does not have an adverse impact on vegetation and does not dominate the street. The Design Review Board shall review such requests for separation. 6. All EHUs must contain a kitchen or kitchenette and a bathroom. 7. Occupancy of an of an employee housing unit shall be limited to the maximum of two persons per bedroom. D. Application Requirements. 1. Applicants for a conditional use permit for the purpose of constructing employee housing shall not be required to pay a conditional use permit application fee or Design Review application fee. 2. EHU applications requiring a conditional use permit are subject to review and approval by the Planning and Environmental Commission as provided for in Chapter 12-16, Conditional Use Permits. 3. EHU applications which do not require a conditional use permit shall be reviewed by the Community Development Department subject to a Design Review Application. 4. Applications for a Type II employee housing unit which utilizes a GRFA credit of greater than 250 sq. ft. will be processed on a first come first served basis 5. Any existing legal non-conforming dwelling unit in the Town of Vail may be converted to an EHU administratively by the Town without obtaining a conditional use permit. Dwelling units and lock-off units which exist as of the date of this ordinance but which are nonconforming with respect to density and GRFA may be converted to a conforming EHU administratively by the Town as long as thev 3 otherwise comply with the development standards and parking requirements found herein and comply with the Building Code requirements of the Town of Vail. Upon being converted to an EHU per this section, such dwelling units shall be considered legally conforming EHUs. E. Enforcement Provisions. All employee housing units governed by this title shall be operated and maintained in accordance wit this title. Failure to do may result in enforcement proceedings in a court of competent jurisdiction and in accordance with Chapter 3 of the Title. 4 12-13-4: EHU Requirements by Type. EHU Zoning districts Ownership/ Additional GRFA/Site Additional Site Coverage Garage Parking Minimum/ Density permitted by right or Transference Coverage /Reduced Landscape Area Credit/Storage Maximum by conditional use Requirement GRFA of an EHU Type I Permitted Use: The EHU may be GRFA: Site Coverage: Allowed 300 sq. ft. of Per Chapter 12- Per Zone District. Counts as Primary/Secondary sold or The EHU is entitled to an The site is entitled to an garage area per 10 as a dwelling 2nd unit on Residential, transferred as additional 500 sq. ft. GPPA additional 5% of site coverage enclosed vehicle unit. property. Two-Family Residential separate unit on for E U. space at a maximum (all with lots less than the property. of 2 parking spaces 15,000 sq. ft.) Landscape Area: (600 sq. ft.). (Previously The site is entitled to a required deed ZGRiRg PeO H14AR^ reduction of landscape area by All units not restriction on both 5% (reduced to 55% of site constructed with a units to allow sale) area) for EHU. garage shall be required a minimum 75 sq. ft. of storage area in addition to normal closet space. This 75 sa. ft. shall be a credit for storage only Type II Conditional Use: The EHU shall not The EHU is entitled to an N/A Allowed 300 sq. ft. of 4 paF'dRg epaee 300 sq. ft. min. Allowed as Single-Family be sold or additional 500 sq. h. GRFA additional garage area per bedresfa; 1,200 sq. ft. 3rd unit on Residential. Two-Family transferred credit. if appFeyed-the site for the EH U. IAFtless €HIJ max, property. Residential separately from rhAll A94 ht; All exceeds 690 rq. Does not Primary/Secondary the unit it is iheF4 count as associated with. All units not density. Residential. Agriculture o~n„~ If ocn constructed with a it ~ & Open Space garage shall be paWRO pases. less is required a minimum Per Chapter 12- e , ,;,,theR 260 sq. ,h,, „.,a,,. 75 sq. ft. of storage 10 as a dwelling area in addition to unit. normal closet space. _ This 75 sq. ft. shall be a credit for storage only. 5 dJJ'tion Site Cove EHU Zoning districts Ownership/ Additional GRFA/Site pd /R dItiouUandscape~eea Garage Credit Parking Minimum/ Density permitted by right or Transference Coverage Maximum by conditional use GRFA of an EHU Type III Permitted Use: The EHU may be EH U's are entitled to 500 N/A N/A ee A. Dwellino Not counted Lionshead Mixed Use 1 sold or transferred sq. R. of additional GRFA PeF bedFaeR} unit as density. Lionshead Mixed Use 2 separately. ep r unit format. exseed6 609-64-. " ^s,.~,- R Acne; 300 sg ft. min. Conditional Use: =fFequ*res-2 1.200 sa. ft. pa*iag spaces- max. Residential Cluster Low Density Multiple- Family Per Chapter 12- B. Dormitory Medium Density 0,^-ewever Re format Multiple-Family 2 200 sq. ft. min. High Density Multiple- padiiFig spaGes 500 sa. ft. max. Family f4. Public Accommodation Commercial Core 1 Commercial Core 2 Commercial Core 3 Commercial Service Center' Arterial Business Parking District General Use Ski Base/Recreation Tenn IThe 'W Way be 4A ~A pa*iAg space 290 rqq. '^rrr. 9~Bfa Conditional Uses TTP°Tr N/A U. 600 6q. h. FRa*. ~ sepaFalel5i. dues! paFk'R9 -16 FaR* be de4eFRi{RAd by Medium DeRs4y 'hme PEG. W14'ple Fan* FaH* Gen4eF AAP.riall fi#Fl@&6 PaFkiR§ Dirt" GeReFal Use 6 EHU Zoning districts Ownership/ Additional GRFA/Site Additional Site Coverage Garage Credit Parking Minimum/ Density permitted by right or Transference Coverage /Reduced Landscape Area Maximum by conditional use GRFA of an EHU Type V Permitted Use: The EHU shall not The EHU is not entitled to N/A The EHU is not Per Chapter 12- 1,200 sq. ft. max. Counts as Hillside Residential be sold or additional GRFA. entitled to additional 10 as a dwelling 2nd unit on transferred garage area credit. unit. properly. separately from the unit it is 9014- efreg64ed associated with. paFkjR9 rest be enslesed. Type I Any dwelling unit The EHU may Shall be determined by NSA Shall be determined Per Chapter 12- Shall be Shall be may be designated only be sold or zoning on property. by zoning on 10 as a dwelling determined by determined and deed restricted transferred property. unit. zoning on by zoning as a Type VI separately. Property. on property. Employee Housing Unit, unless already designated as an employee housing unit. Code changes to Two-Family Residential and Primary/Secondary Residential 12-6C-8 and 12-6D-8: DENSITY CONTROL: y A. Dwelling Units: Not more than a total of two (2) dwelling units shall be permitted on each site with only one dwelling unit permitted on lots less than fi#eeR theusaRd (1 nnrn fourteen thousand (14,000) square feet. B. Gross Residential Floor Area: 1. The following gross residential floor area (GRFA) shall be permitted on each site: a. Twenty five (25) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of the first fifteen thousand (15,000) square feet of site area; plus b. Ten (10) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area over fifteen thousand (15,000) square feet, not to exceed thirty thousand (30,000) square feet of site area; plus c. Five (5) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area in excess of thirty thousand (30,000) square feet. 2. In addition to the above, four hundred twenty five (425) square feet of gross residential floor area (GRFA) shall be permitted for each allowable dwelling unit. plaiR, er these Gf less than fifteen theysaRd (15,000) squaFe feet shall be 69 FeStFiGted th~at it r_'_aAAA_t be may be allewed GR lGtG WhiGh aFe less thaR fifteeR theusaRd (15,900) square feet OR aGGOFdaRGe SeWiGR 12 12-4 of fhic T #e C. Employee Housing Units: Notwithstanding the provision of subsections A and B of this Section, a Type I employee housing unit shall be permitted on lots of less than fifteen fhO sand (15,000) fourteen thousand (14,000) square feet in accordance with the provisions of Section 12-13-4 of this Title. F:\EVERYONE\DOM\EHUCODE6.WPD 9 Y ORDINANCE NO. 23 SERIES OF 1999 AN ORDINANCE AMENDING THE TOWN CODE, TITLE 12, CHAPTER 7, SECTION 12, PUBLIC ACCOMMODATION ZONE DISTRICT, CHAPTER 2, SECTION 12, DEFINITION AND CHAPTER 10, SECTION 12, OFF-STREET PARKING/LOADING, OF THE TOWN OF VAIL ZONING REGULATIONSTO ALLOW FOR TEXT AMENDMENTS TO THE DEVELOPMENT STANDARDS PRESCRIBED FOR THE PUBLIC ACCOMMODATION ZONE DISTRICT; PROVIDING DEFINITIONS OF "LODGE" AND "SUBSTANTIAL OFF-SITE IMPACT"; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, an application has been submitted to the Community Development Department of the Town of Vail proposing text amendments to the Public Accommodation Zone District; and WHEREAS, the Planning & Environmental Commission has held public hearings on the proposed amendments in accordance with the provisions of the Town Code of the Town of Vail; and WHEREAS, the Planning & Environmental Commission finds that the proposed amendments further the development objectives of the Town of Vail; and WHEREAS, the Planning & Environmental Commission has voted unanimously to recommend approval of the proposed amendments to the Vail Town Council; and WHEREAS, the Vail Town Council believes that the proposed amendments will result in up-to-date development standards for the Public Accommodation Zone District that allow for flexibility in the development of viable, high-quality lodges and less reliance on Special Development Districts to facilitate development in the Public Accommodation Zone District; and WHEREAS, the proposed amendments will help to insure that the lands set aside in the Town of Vail for guest and guest-types of accommodations will meet the needs of the resort community and the Vail residents; and WHEREAS, the Vail Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to amend the Public Accommodation Zone District. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: NOTE: The proposed text is shown as italics and the deleted text is shown as 1 Section 1 Title 12, Chapter 7, Section 12, of the Town of Vail Zoning Regulations, Public Accommodation Zone District, is hereby amended as follows: CHAPTER 7 COMMERCIAL AND BUSINESS DISTRICTS ARTICLE A. PUBLIC ACCOMMODATION (PA) DISTRICT SECTION: 12-7A-1: Purpose 12-7A-2: Permitted Uses 127-7A-3: Conditional Uses 12-7A-4: Accessory Uses 12-7A-5: Lot Area And Site Dimensions 12-7A-6: Setbacks 12-7A-7: Height 12-7A-8: Density Control 12-7A-9: Site Coverage 12-7A-10: Landscaping And Site Development 12-7A-11: Parking And Loading 12-7A-12: Exterior Alterations or Modifications 12-7A-13: Compliance Burden 12-7A-14: Mitigation of Development Impacts 12-7A-15: Additions to Existing PA Properties 12-7A-1: PURPOSE: The Public Accommodation District is intended to provide sites for lodges and residential accommodations for visitors, together with such public and semi-public facilities and limited professional offices, medical facilities, private recreation, and related visitor oriented uses as may appropriately be located in the same district. The Public Accommodation District is intended to ensure adequate light, air, open space, and other amenities commensurate with lodge uses, and to maintain the desirable resort qualities of the District by establishing appropriate site development standards. Additional nonresidential uses are permitted as conditional uses which enhance the nature of Vail as a resort and vacation community, and where permitted are intended to function compatibly with the high density lodging character of the District. Fey W 12-7A-2: PERMITTED USES: The following uses shall be permitted in the PA District: Lodges, including accessory eating, drinking, re6Feati6Rai or retail establishments located within the principal use and not occupying more than ten percent (10%) of the total gross residential floor area of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace. 12-7A-3: CONDITIONAL USES: The, following conditional uses shall be permitted in the PA District, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Bed and breakfast, as further regulated by Section 12-14-18 of this Title. Churches. Eating, drinking, FeGFeatiGRal, or retail establishments not occupying more than ten percent (10%) of the total gross residential floor area of a main structure or structures located on the site. 2 Fractional fee club as further regulated by Section 12-16-6A7 of this Title. Hospitals, medical and dental clinics, and medical centers. Major arcade, so long as it does not have any exterior frontage on any public way, street, walkway, or mall area. Private clubs and civic, cultural and fraternal organizations. Professional and business offices. Public buildings, grounds and facilities. Public or commercial parking facilities or structures. Public or private schools. Public park and recreational facilities. Public transportation terminals. Public utility and public service uses. Ski lifts and tows. Theaters, eefg-FSe Rs, and convention facilities. Type III employee housing unit as provided in Section 12-13-6 of this Title. Type IV employee housing unit as provided in Section 12-13-7 of this Title. 12-7A-4: ACCESSORY USES: The following accessory uses shall be permitted in the PA District: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Section 12-14-12 of this Title. Minor arcade. Swimming pools, tennis courts, patios, or other recreation facilities customarily incidental to permitted lodge uses. Meeting rooms. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-7A-5: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be ten thousand (10,000) square feet of buildable area and each site shall have a minimum frontage of thirty feet (30'). Each site shall be of a size and shape capable of enclosing a square area eighty feet (80') on each side within its boundaries. 12-7A-6: SETBACKS: In the PA District, the minimum front setback shall be twenty feet (20'), the minimum side setback shall be twenty feet (20'), and the minimum rear setback shall be twenty feet (20'). At the discretion of the Planning & Environmental Commission and/or the Design Review Board, variations to the setback standards outlined above may be approved during the review of Exterior Alternations or Modifications (Section 12-7A-12) subject to the applicant demonstrating compliance with the following criteria: 1. Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. 2. Proposed building setbacks comply with applicable elements of the Vail Village Urban Design Guide Plan and Design Considerations. 3. Proposed building setbacks will provide adequate availability of light, air and open space. 4. Proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties. 5. Proposed building setbacks will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. 12-7A-7: HEIGHT: For a flat roof or mansard roof, the height of buildings shall not exceed forty five feet (45'). For a sloping roof, the height of buildings shall not exceed forty eight feet (48'). (Ord. 37(1980)'2) 3 r. r' 12-7A-8: DENSITY CONTROL: N'Qt MOM t eighty 80) Up to one hundred and fifty (150) square feet of gross residential floor area (GRFA) shalt may be permitted for each one hundred (100) square feet of buildable site area. Final determination of allowable gross residential floor area shall be made by the Planning & Environmental Commission in accordance with Section 12-7A-12: Exterior Alterations or Modifications. Specifically, in determining allowable gross residential floor area the Planning and Environmental Commission shall make a finding that proposed gross residential floor area is in conformance with applicable elements of the Vail Village Urban Design Guide Plan and Design Considerations. Not FneFe thaR eighty (99) sq'WaF8 feet ef @FOSS FesideRtial fleeF aFea shall be PeFMO#8d fe-F uses, and aGGesseFy user-, shall net eNGeed eighty (89) 6eluaFe feet ef OF966 flOeFaFea fe.F e-mrah 9RP- h'61RdFed(400)squaFe feet ef buildable site area Total density shall not exceed twenty five (25) dwelling units per acre of buildable site area. For the purposes of calculating density, employee housing units, accommodation units and fractional fee club units shall not be counted towards density. 12-7A-9: SITE COVERAGE: Site coverage shall not exceed fifty five peFGeRt ° sixty-five (65916) of the total site area, aRd . Final determination of allowable site coverage shall be made by the Planning & Environmental Commission and/or the Design Review Board in accordance with Section 12-7A-12: Exterior Alterations or Modifications. Specifically, in determining allowable site coverage the Planning & Environmental Commission and/or the Design Review Board shall make a finding that proposed site coverage is in conformance with applicable elements of the Vail Village Urban Design Guide Plan and Design Considerations. 12-7A-10: LANDSCAPING AND SITE DEVELOPMENT: At least thirty percent (30%) of the total site area shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen feet (15') with a minimum area not less than three hundred (300) square feet. 12-7A-11: PARKING AND LOADING: Off-street parking and loading shall be provided in accordance with Chapter 10 of this Title. At least seventy five percent (75%) of the required parking shall be located within the main building or buildings and hidden from public view. No at grade or above grade surface parking or loading area shall be located in any required front setback area. Below grade underground structured parking and short-term guest loading and drop-off shall be permitted in the required front setback subject to the approval of the Planning & Environmental Commission and/or the Design Review Board. 12-7A-12: EXTERIOR ALTERNATIONS OR MODIFICATIONS: Review Required: The construction of a new building or the alteration of an existing building shall be reviewed by the Design Review Board in accordance with Chapter 12-11 of the Zoning Regulations. However, any project which adds additional dwelling units, accommodation units, fractional fee club units, any project which adds more than 1, 000 sq. ft. of commercial floor area or common space, or any project which has substantial off-site impacts (as determined by the Administrator) shall be reviewed by the Planning and Environmental Commission as a Major Exterior Alteration in accordance with this Chapter and Section 12-3-6: Hearings. Complete applications for major exterior alterations shall be submitted in accordance with administrative schedules developed by the Community Development Department for Planning and 4 a ti Environmental Commission and Design Review Board review. The following submittal items are required: 1. Application: An application shall be made by the owner of the building or the building owner's authorized agent or representative on a form provided by the Administrator. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent requirements of the condominium association's declarations. 2. Application; Contents: An application for an exterior alteration shall include the following: a. Completed application form, filing fee, and a list of all owners of property located adjacent to the subject parcel. The owners list shall include the names of all owners, their mailing address, a legal description of the property owned by each, and a general description of the property (including the name of the property, if applicable), and the name and mailing address of the condominium association's representative (if applicable). Said names and addresses shall be obtained from the current tax records of Eagle County as they appeared not more than thirty (30) days prior to the application submittal date. b. A written statement describing the proposal and how the proposal complies with the Vail Village Master Plan, the Vail Village Urban Design Guide Plan, the Vail Village Streetscape Master Plan and any other relevant sections of the Vail Comprehensive Plan. c. A survey stamped by a licensed surveyor indicating existing conditions on the property including the location of improvements, topography, and natural features. d. A current title report to verify ownership, easements, and other encumbrances, including Schedules A and B3. e. Existing and proposed site plan at a minimum scale of one inch equals 20 feet (1 " = 20'), a vicinity plan at an appropriate scale to adequately show the project location in relationship to the surrounding area, a landscape plan at a minimum scale of one inch equals 20 feet (1 " = 20), a roof height plan and existing and proposed building elevations at a minimum scale of one-eighth inch equals one foot (118" = 1). The material listed above shall include adjacent buildings and improvements as necessary to demonstrate the project's compliance with the Vail Village Master Plan, the Vail Village Urban Design Guide Plan and the Vail Streetscape Master Plan. f. Sun/shade analysis of the existing and proposed building for the spring/fall equinox (March 21/September 23) and winter solstice (December 21) at ten o'clock (10:00) A. M. and two o'clock (2:00) P.M. unless the Department of Community Development determines that the proposed addition has no impact on the existing sun/shade pattern. The following sun angle shall be used when preparing this analysis: Spring/Fall Equinox Sun Angle 10:00 A.M. 40° east of south, 50° declination 2:00 P.M. 42° west of south, 50° declination Winter Solstice Sun Angle 10:00 A.M. 30° east of south, 20° declination 2:00 P.M. 30° west of south, 20° declination g. Existing and proposed floor plans at a minimum scale of one-fourth inch equals one foot (114" = 1) and a square footage analysis of all existing and proposed uses. 5 r t h. An architectural or massing model of the proposed development. Said model shall include buildings and major site improvements on adjacent properties as deemed necessary by the Administrator. The scale of the model shall be as determined by the Administrator. i. Photo overlays and/or other graphic material to demonstrate the special relationship of the proposed development to adjacent properties, public spaces, and adopted views per Chapter 22 of this Title. j. Any additional information or material as deemed necessary by the Administrator or the Town Planning and Environmental Commission (PEC). The Administrator or the Planning and Environmental Commission may, at his/her or their discretion, waive certain submittal requirements if it is determined that the requirements are not relevant to the proposed development nor applicable to the Vail Village Master Plan, the Vail Village Urban Design Guide Plan, the Vail Village Streetscape Master Plan. 4. Work Sessions/Conceptual Review: If requested by either the applicant or the Administrator, submittals may proceed to a work session with the Planning and Environmental Commission, a conceptual review with the Design Review Board, or a work session with the Town Council. 5. Hearing: The public hearing before the Planning and Environmental Commission shall be held in accordance with Section 12-3-6 of this Title. The Planning and Environmental Commission may approve the. application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the Planning and Environmental Commission may be appealed to the Town Council in accordance with Section 12-3-3 of this Title. 6. Lapse Of Approval. Approval of an exterior alteration as prescribed by this Article shall lapse and become void three (3) years following the date of approval by the Design Review Board unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued to completion. Administrative extensions shall be allowed for reasonable and unexpected delays as long as code provisions affecting the proposal have not changed. 12-7A-13: COMPLIANCE BURDEN: It shall be the burden of the applicant to prove by a preponderance of the evidence before the Planning and Environmental Commission and the Design Review Board that the proposed exterior alteration or new development is in compliance with the purposes of the Public Accommodation Zone District, that the proposal is consistent with applicable elements of the Vail Village Master Plan, the Vail Village Urban Design Guide Plan and the Vail Streetscape Master Plan, and that the proposal does not otherwise have a significant negative affects on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. 12-7A-14: MITIGATION OF DEVELOPMENT IMPACTS: Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the Planning and Environmental Commission in review of development projects and conditional use permits. Substantial off-site impacts may include, but are not limited to, the following: deed restricted employee housing, roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tract/bank improvements, public art improvements, and similar improvements. The intent of this section is to only require mitigation for large scale redevelopment/development projects which produce substantial off-site impacts. 6 J ti 12-7A-15: ADDITION OF GROSS RESIDENTIAL FLOOR AREA TO EXISTING PA PROPERTIES: For any gross residential floor area added to a Public Accommodation zoned property following the effective date of Ordinance No. 23, Series 1999, a minimum of seventy percent (7096) of the added gross residential floor area shall be devoted to accommodation units, or fractional fee club unit subject to the issuance of a conditional use permit. This limitation shall not apply to GRFA being added in accordance with Sections 12-15-4 & 12-15-5. Section 2 Chapter 2, Section 12, Definitions, of Title 12, the Town of Vail Zoning Regulations is hereby amended as follows: Lodge: A building or group of associated buildings designed for occupancy primarily as the temporary lodging place of individuals or families either in accommodation units or dwelling units, in which the gross residential floor area devoted to accommodation units or fractional fee club units , is equal to or greater than seventy percent (70%) of the total gross residential floor area on the site, and in which all such units are operated under a single management providing the occupants thereof customary hotel services and facilities. Notwithstanding the above for properties containing gross residential floor area equal to or less than 80 square feet of gross residential floor area for each 100 feet of buildable site area, such properties shall be defined as lodges provided that gross residential floor area devoted to accommodation units or fractional fee club units exceed the gross residential floor area devoted to dwelling units Substantial Off-site Impact: An impact resulting from development or redevelopment on the surrounding neighborhood and public facilities in the vicinity of a development or redevelopment site having a considerable amount of effect upon the area. For example, substantial off-site impacts may include, but are not limited to the following: deed restricted employee housing, roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tracbbank improvements, public art improvements, and similar improvements. Section 3 Page 6, Section E, Third Paragraph of the Vail Village Design Considerations, Dated June 11, 1980, revised January 15, 1993 is hereby amended as follows This is not to imply continuous building frontage along the property line. A strong street edge is important for continuity, but perfectly aligned facades over too long of a distance tends to be monotonous. With only a few exceptions in the Village, slightly irregular fagade lines, building jogs, and landscaped areas, give life to the to the street and visual interest for pedestrian travel. Given these precepts, for properties within the Public Accommodation Zone District, no less than 50% of a building frontage along a stream tract, vehicular, or pedestrian ways shall be horizontally stepped back an average of 5 feet. In certain cases additional stepbacks may be required. Section 4 If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall .not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5 The repeal or the repeal and re-enactment of any provisions of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or 7 proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6 All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. The repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of September, 1999, and a public hearing for second reading of this Ordinance set for the 21st day of September, 1999, 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 21' day of September, 1999. Ludwig Kurz, Pro-Tern Mayor ATTEST: Lorelei Donaldson, Town Clerk 8 VAIL TOWN COUNCIL - MINUTES TUESDAY, September 7, 1999 7:00 P.M. The regular meeting of the Vail Town Council was held in the Town Council Chambers on Tuesday, September 7, 1999. The meeting was called to order at approximately 7:00 P.M. COUNCIL MEMBERS PRESENT: Rob Ford, Mayor Bob Armour Kevin Foley Mike Arnett Sybill Navas Michael Jewett COUNCIL MEMBERS ABSENT: Ludwig Kurz STAFF MEMBERS PRESENT: Bob McLaurin, Town Manager Tom Moorhead, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Guy Ayrault, a local resident, read an article that was published in the New York Times. He stated he was unhappy with Mayor Rob Ford's comments and said he believed the mayor needed to apologize to the citizens of Vail for the negative press. Josef Staufer, a local business owner, said the contract with the Vail Valley Tourism and Convention Bureau (VVTCB) expires on December 31, 1999. He requested that the Vail Community Chamber of Commerce be part of the conversation on how the information booths should be run. He also said the sign ordinance regulations have discrepancies. He was concerned that the McDonald's restaurant was allowed five signs and the Christmas shop, Noel, was not allowed to have a sandwich board sign, which is not allowed in town. He wants the regulations to be fair to everyone. He would like to meet with the Community Development Department staff to discuss changes to the sign regulations. Council member Mike Arnett said the sign regulations allow additional signs if they are three feet inside of the building. Bob McLaurin, Town Manager, said the town staff would be willing to meet with Josef Staufer on this issue. Hamish Tear, owner of Scotch on the Rockies, stated he wanted the Town Council support in changing the school calendar in Eagle County. He said employees with school age children in Eagle County are under stress because the school holidays come when the'tourists are in town and the parents have to work. He wants to lessen the total days off at Thanksgiving, Christmas and move the Spring Break from March to April. He presently has no time off with his children. He wants the Council and the community to support him. He said that there is a lot of opposition to his idea at this time. 1 Vail Town Council Minutes September 7, 1999 Kaye Ferry, President of the Vail Valley Merchant's Association (VVMA), said the sign regulation issue is on their September 15 meeting agenda. She also stated that the WMA worked with WestFest event organizers and the merchants thought the event was a huge success. She said anything the town and residents could do to encourage them to come back would be appropriate. She also said that the committee for Vail Tomorrow housing has been meeting, and wanted to know what the status is with the Mountain Bell site and would like to have answers. Paul Rondeau, thanked everyone that was involved with WestFest. He would like to see the event come back to Vail. He said the money and time spent should be a litmus test and should have a leveraging effect and be a part of the partnerships In all events. On the lodging tax, he said to leverage the dollars. During WestFest Vail Valley Drive officially became a non- motorized area and would like to redesign Vail Valley Drive as a pedestrian area in the future. He said the road should be closed as a recreation area "bridge" between event areas. He stated he lived in the area and would be inconvenienced as everyone else but would be glad to alter his route during the summer daylight hours. Eric Baumann, owner of Noel, asked the Council what the vote was on the vending cart issue. He wanted to know if there had been a formal vote or an informal vote. Mayor Rob Ford said the vote taken at the work session was a vote to not amend the current regulations, and was not a vote specifically against his vending cart. Eric also said he received a violation notice on his sandwich sign board. He said there are currently five sandwich boards in town that were also in violation of the regulations. He said he wanted to be treated like any other shop owner in town. He wants equality in enforcement of the sign regulations. Kelly Cloutre, a local resident, passed out information regarding the Vail Village traffic flow problems. She said this is a long-standing dilemma in the Village. She said the cars are drawn into town through Vail Road down to Checkpoint Charlie. She said at Checkpoint Charlie, the traffic is redirected through the Village and this is dangerous to pedestrians. She wants Checkpoint Charlie moved and the traffic redirected out of the Village. Carol Hymers, representing the Glen Lyon Homeowner's Association, thanked the Council for bringing WestFest and the Jazz Festival to Vail. She asked the Council for an update on the "Ruins" and the Mountain Bell sites. Mayor Rob Ford said there are on-going discussions with the Mountain Bell site and recommendations of a Fire Station. As for the "Ruins" site, the owners are in charge of that lot at this time. Bob McLaurin, Town Manager, stated there has been discussions with the owners and the town. Mayor Rob Ford said whatever the solution is, it will not be an easy, quick or cheap solution. 2 Vail Town Council Minutes September 7, 1999 The second item on the agenda was the consent agenda. A. Approve the Minutes from the meetings of August 3 and 17, 1999. Council member Mike Jewett asked that the vote for the meeting minutes be done separately. Council member Bob Armour made a motion to approve the meeting minutes of August 3, 1999 with minor changes, and Council member Michael Arnett seconded the motion. A vote was taken and the motion passed unanimously, 6-0. Council member Bob Armour made a motion to approve the meeting minutes of August 17, 1999 and Council member Michael Arnett seconded the motion. Council member Mike Jewett said he had heard there was a concern about the newspaper box issue and said for the record, he would have voted against that ordinance and he said he would vote against the approval of the minutes of August 17. A vote was taken and the motion passed 5-1, Mike Jewett against. B. Adopt Resolution No. 10, Series of 1999, A Resolution Designating a checking Account For Purchasing and Transactions for the Town of Vail, with Steve Thompson, Christine B. Stouder, Bob McLaurin, and Pam Brandmeyer as the Designated Signers on that Account, Permitted By The Charter of the Town, Its Ordinances, and the Statutes of the State of Colorado. Council member Bob Armour made a motion to adopt Resolution No. 10, Series of 1999, and Council member Mike Arnett seconded the motion. A vote was taken and the motion passed unanimously, 6-0. The third item on the agenda was a presentation on the County-Wide Housing Needs Assessment completed July, 1999. Nina Timm, Town Planner, said the Town of Vail participated in the Eagle County Housing Needs Assessment and Chris Cares was here to present the findings of the study and answer questions that Council members may have about the County-Wide Housing Needs Assessment. Chris Cares, representing Rosall, Remmen and Cares (RRC), made a presentation to the Council on the Housing Needs Assessment for Eagle County. RRC was part of a team working on this effort. His company was directly involved in tabulating the results. There is far more in this report than just to report that housing is needed. There are numbers in this study that can be useful for a number if issues. This assessment has been carefully organized under a series of topics, such as population and demographics, age, employment information, job generation ratios, commuting information, traffic, housing marketing conditions, solutions and opportunities, both from resident and employer standpoints, design issues, trends since 1990, growth issues. He said what issues were seen in Vail is now what is being seen down valley and the county as a whole. And the assessment also has conclusions and as well as recommendations. 3 Vail Town Council Minutes September 7, 1999 Suggestions advocated are to continue to monitor the situation. The assessment shows there is a need to develop more rental housing, for-sale housing, develop uniform deed restrictions throughout the county, and to concentrate for-sale development efforts on attached housing and manufactured housing. Eagle County, as a whole, needs to address the special needs of the growing Spanish speaking population. As well as develop county-wide commercial linkage and inclusionary zoning programs, work with employers, particularly the larger ones and private developers to provide housing, and develop affordable housing throughout the county, except for seasonal housing, which should be concentrated in Vail. Mayor Rob Ford thanked Chris for his presentation. Council member Mike Jewett asked Chris if he was proposing that the Town of Vail should be looking at housing down valley. Chris said no that was not what he meant. He stated the rest of the county shares the housing problems with Vail. David Carter, representing Eagle County, said the whole area is losing ground with regard to housing issues. In the assessment there measures to see what has been done and compare it to what needs to be done. The debate is always, have we done enough vs. what needs to be done. Chris said there are a number of different measures that could be taken. One is to measure where the employees work versus where they live, look at the relationship of what the incomes are and what they pay in rent. There are a substantial number of people who have a problem paying rent. The fourth item on the agenda was a discussion of the Five-Year Capital Projects and RETT Budgets. Bob McLaurin, Town Manager, said the staff would run through what is being proposed for the 2000 budget and said staff is not asking for any decisions tonight. Staff would like direction from Council. He said the revenue forecast and capital projects are in this budget. Bob also clarified that last year there was a bi-annual budget approved by the Council and this proposal are the changes to that bi-annual budget. Bob reviewed the revenue figures, most of which comes from sales tax, and gave a summary of items for capital projects, and other items such as, fire station, document imaging, street sweeper, snow removal from the frontage roads, radio system, upgrade to the phone system, upgrade costs to run the dispatch system, street reconstruction, branch library and community room space at the Bright Horizons space at the Vail Commons site, reconstruction of the administration parking lot, way-finding program costs, community facility hub site, streetscape master plan, and creation of a landscape boulevard from the Main Vail Roundabout to Blue Cow Chute, He said staff is not asking for any decisions this evening, and wants input from Council. The general input from Council, questions from Council, and the principal discussion will be held next week at the work session. 4 Vail Town Council Minutes September 7, 1999 t Mayor Rob Ford asked Bob how the public could have their input added. Bob said they could call him, write a letter, e-mail him or come to the work session. Council member Sybill Navas asked Greg Hall how much the Colorado Department of Transportation (CDOT) would pay to have the Town of Vail take over the maintenance of the Frontage roads and expressed that she was concerned about the cost for busses. Greg Hall, Public Works Director, said he didn't have a dollar figure but he knew it wouldn't cover the total costs. Further discussion ensued on the bus system costs and public works items. Council member Sybill Navas was glad to see funding for the Wayfinding program and also for the community room. Council member Bob Armour said he was concerned about the cost remodeling the community room for $250,000 and the library room. He would like to have the library done before the landscape boulevard. He would like to see these items re-prioritized. Council member Mike Arnett agreed with Bob on the library and wants to use the dollars spent on remodeling the existing library. Council member Mike Jewett asked about the library satellite area. Annie Fox, Library Director, said they had looked at a community room outside of the main library because the library is not accessible to several groups. If the present space is turned into a learning center, then a community room is not available anymore. The town needs to find a space for a free community room available somewhere in town. Bob McLaurin said the current space is primarily a meeting room. He said he envisioned the community space larger so more of the community could be accommodated. Council member Mike Jewett said he has been requesting more staff for later hours for the library. He said if this cannot be accomplished at the main library now, how would this work at a satellite area? Bob McLaurin reminded Council this is a proposal only, nothing is final at this time. Council member Sybill Navas said the Community Facilities team was caught unaware and this particular item is part of a bigger picture. She feels Council would be doing a disservice to look at this item at this time. Further discussion ensued. Bob McLaurin said the sales tax revenue is split 50/50 with operations and capital projects and suggested that this may need to be changed. 5 Vail Town Council Minutes September 7, 1999 Council member Kevin Foley said he wants to see remodeling at the library before the landscape boulevard project is done. He also said that the town should consider a vehicle replacement fund each year instead of taking a large hit at one time. Steve Thompson, Finance Director, said the town had never funded it in the past and the staff would have to look into the matter and find a place to fund it out of for the future. Bob McLaurin also reviewed the Real Estate Transfer Tax (RETT) budget. Revenues forecasted $2.9 million. The proposal is for additional design of Donovan Park and construction on the Middle Bench of Donovan Park. This is a first attempt at the RETT budget. This could change depending on the Community Facilities planning process. Further discussion ensued. Russ Forrest, Community Development Director, stated that there have been no discussions about the upper bench of Donovan Park at this time. Mayor Rob Ford said he wanted to have a discussion to add this property added to the open space trust on another agenda when there was time. Council member Kevin Foley said he would like to find a permanent space for the skate park and the tot lot in Lionshead and to have them funded sooner. He expressed concern about doing anything at Donovan Park until things.are resolved on this matter. Additional discussion ensued. Mayor Rob Ford reiterated that this was a first 'shot' at the budget process and they are working through the process. At the September 21 meeting, there will be a Community Facilities discussion and a discussion on usage of RETT funds. He said the community should contact Sybil[ Navas or Bob McLaurin if they had further questions on Community Facilities. He said the next week work session, September 21 would be the first reading, and on September 28 there would be additional discussion. The Council plans to adopt the 2000 budget by the end of October. A 5-minute break was taken at this time. The fifth item on the agenda was first reading of Ordinance No. 21, Series of 1999, an Ordinance Creating the Vail Local Marketing District. Tom Moorhead, Town Attorney, stated the Town of Vail has been presented with a petition for the organization of the Vail Local Marketing District. He said Frank Johnson of the Vail Valley Tourism and Convention Bureau (VVTCB) was responsible for the circulation of the petition to create and organize the District. He introduced Paul Cockrell to explain how this process works. Paul Cockrell, attorney for the marketing district proponents, stated the Vail Town Council would be the first to create a marketing district in Colorado. A local marketing district to promote the area and support public events. He stated that after two public hearings, the town 6 Vail Town Council Minutes September 7, 1999 E could approve a marketing district be organized and approve an election to be held on November 2, 1999. At that time the marketing district would be technically approved. He said that on September 30, 1999 a budget plan would be presented for the 2000 fiscal year. This procedure was approved in 1998 by the state legislature. The petition was signed by over 50% of the commercial property owners in the Town of Vail. Mayor Rob Ford asked for additional background information. Was this district formed purely for handling lodging tax? He asked if the Council adopts the district, what happens if the lodging tax is defeated? Tom Moorhead, Town Attorney, stated the ordinance does not become effective until the voters vote the marketing district in to existence. Further discussion ensued. Frank Johnson said commercial property owners have signed the petition, some may not be necessarily property owners, but business owners. Council member Mike Jewett asked about reviewing the signed petitions. Tom Moorhead responded this petition was handled differently, and it was an over site that Council did not receive copies of the petition. He said the town clerk would get copies of the petition to the Council members as soon as possible. Frank Johnson stated he went door to door, to get the petition signed. Council member Mike Jewett asked if there were any pro and con statements made for this issue. Frank Johnson said yes there were pro and con statements and that the petitioners kept going until they received more than 50% support. Mike Cacioppo said he is not opposed to this issue going to the ballot, but he had a problem with the fact that the town clerk was to give a written summary of the pro and con statements. Rod Slifer, a commercial property owner, stated the request for this petition was in response to the Council request for the business community to do so. Mayor Rob Ford thanked Rod and all those who organized and got this issue before the Town Council. Bob Fritch, a lodge owner, urged the Council to pass the ordinance. He said the community has spent a great deal of time organizing this district proposal and he feels this will be the most equitable and fair process for Vail. Jim Feldhaus, an owner of Colorado Mountain Express, said he wanted to express his opinion as someone outside the community of Vail. He said the greatest percentage of his business is inside the Town of Vail and he encouraged the Council to approve this Ordinance. 7 Vail Town Council Minutes September 7, 1999 Rob LeVine, representing The Antlers, stated they are in support of this ordinance. Council member Mike Arnett made a motion to approve, on first reading, Ordinance 21, Series of 1999, and Council member Kevin Foley seconded the motion. Council member Mike Jewett spoke in favor of the motion. He thanked the petitioners for their efforts and stated the Vail voters will make the final decision. A vote was taken and it was passed unanimously, 6-0. At this time Council member Bob Armour made a motion to move Item Ten, Resolution No. 12, Series of 1999 to be discussed at this time and Council member Sybill Navas seconded the motion. A vote was taken and it passed unanimously, 6-0. The sixth item on the agenda was Resolution No. 12, Series of 1999, a Resolution Submitting To The Registered Electors Of The Town Of Vail At The Regular Municipal Election To Be Held On Tuesday, The 2nd Day Of November, 1999, The Question Of Whether The Town Of Vail Should Be Authorized To Collect A New Marketing And Promotion Tax On The Purchase Price Paid Or Charged To Persons For Rooms Or Accommodations Pursuant To Section 29-25-112, C.R.S., As Amended, At A Rate Not To Exceed 1.4% To Provide Revenue For Organizing And Operating The Vail Local Marketing District And Furnishing Services Therefore. Tom Moorhead, Town Attorney, stated this resolution goes hand-in-hand upon passage of Ordinance No. 21, Series of 1999, establishing the Vail Local Marketing District. The question of an increase in sales tax must be passed by a majority of the general electors of the Town of Vail in the upcoming general election. Upon passage of the Ordinance, the District shall not be established unless a majority of the registered electors voting on the establishment of the District vote in favor of the establishment at the election to be held on November 2, 1999. The ordinance does not go into effect until the voters vote it in. The ballot question will provide for a new marketing and promotion tax on the purchase price paid or charged to persons for rooms or accommodations at a rate not to exceed 1.4%. The revenue generated from the tax increase will be utilized for organizing and operating the Vail Local Marketing District and providing services pursuant to the Local Marketing District Act as passed by the Colorado General Assembly. Paul Johnston, a lodge owner, said he feels it is inappropriate and immoral to impose a tax on people who do not benefit from the tax. He is against it. Council member Sybill Navas made a motion to adopt Resolution No. 12, Series of 1999, and Council member Mike Arnett seconded the motion. A vote was taken and the motion passed unanimously, 6-0. The seventh item on the agenda was second reading of Ordinance No. 20, Series of 1999, Second Reading of An Ordinance To Provide For The Regulation Of Newsracks Located On Public Property and Design Review Guidelines For Newsracks Located On Private Property Within Certain Designated Areas Of Vail Village and Lionshead. 8 Vail Town Council Minutes September 7, 1999 Tom Moorhead, Town Attorney, stated at the public hearing conducted at the first reading Council was presented with the evidence in a summary fashion concerning the health, and safety issues and aesthetic issues which led to the process that has resulted in the ordinance before them. The only addition to the ordinance since the last reading is Section 8-6-4, entitled Permit Required. This section establishes the requirement for a permit in the Vail Village and Lionshead newsrack boundary areas. The permit process does not require a rental or fee to be paid for the ability to distribute but only allows a cost of recovery for construction of cabinets. The final cost of the cabinets is unknown but will result in a cost sharing between the publishers and the Town. This ordinance does not call out the recovery of costs. He said he included copies of a letter from Alice Lucan, representing USA Today and the response letter. They are opposed to any cost recovery. Another letter of concern was from Steve Johansson with the Rocky Mountain News, he has concerns about escalating costs. Tom said that he would provide letters to Council Council member Bob Armour said the cost recovery the Council had been looking at is $65/year per entity. He asked if they were expecting that number to change. Tom Moorhead said the cost that is changing is the cost of constructing the cabinet. As a cost recovery item, the town can change the time of recovery from 10 years to 15 years or more. Mike Cacioppo said WestFest was a tremendous asset for the Town of Vail and looks forward to it being in Vail in future years. He said that regarding the newsrack issue he is still opposed to this ordinance. He feels the Council is trying to violate the constitution. He stated he would sue the town and call for a referendum against this ordinance. This ordinance needs to be reworked with a one-time fee, and no profit for the government. He wants the appeal procedures to go to elected officials not the town manager. He wants to find a way to come up with a plan like Glenwood Springs has for their newspaper boxes. He would like the Council to table this issue and come back with something more fair. Bob Fritch, a lodge owner, said it is critical that the town do something now. He said what the town has now is horrible. He asked the mayor how this ordinance applies to newsracks on private property. Tom Moorhead said they would be going to Council for design guidelines. He said any rack on private property would be consistent with what is approved on public property. The fees would not apply. Tom said if the news racks are on private property, the owner gets to say whether it is there or not. Council member Mike Arnett made a motion to approve Ordinance No. 20, Series of 1999 on second reading, and Council member Sybill Navas seconded the motion. Further discussion ensued. Council member Mike Jewett said it was wrong for the town to dictate where the newsracks go, 9 Vail Town Council Minutes September 7, 1999 i and he agrees with Mike Cacioppo. He said he would vote against the motion. Council member Kevin Foley said this will clean up the news rack mess. Council member Bob Armour stated the town has no intention of regulating what goes in the news racks. A vote was taken and the motion passed, 5-1, Mike Jewett against. Council member Bob Armour made a motion to change the order of the agenda to move item number Eight, Ordinance No. 23, Series of 1999, to be discussed at this time, Council member Kevin Foley seconded the motion. A vote was taken and the vote passed, unanimously, 6-0. The eighth item on the agenda was first reading of Ordinance No. 23, Series of 1999, an ordinance amending Chapter 7, Section 12, Public Accommodation Zone District, Chapter 2, Section 12 Definition and Chapter 10, Section 12 of the Town of Vail Zoning Regulations to allow for text amendments to the development standards prescribed for the Public Accommodation Zone District; providing definitions of "Fractional Fee Club Unit", "Lodge", and "Substantial Off-site Impact"; revising the parking requirement calculation for a fractional fee club unit; and setting forth details in regard thereto. Mayor Rob Ford said this issue has been in front of the Town Council six times and was in front of the Planning and Environment Commission eight times and has been in the process for a year. He asked if there were any changes. Russ Forrest said there were changes on page 7, creating a stepbacks and in the definition section. The changes are in italics in the ordinance. Tom Braun, consultant, said this change would affect a few buildings. Chuck Ogilby, a local builder, said he is not speaking against the ordinance, but would now encourage redevelopment in Vail without an inclusionary zoning in place. Council member Bob Armour made a motion to approve Ordinance No. 23, Series of 1999 on first reading, and Council member Mike Arnett seconded the motion. Council member Sybill Navas thanked Russ for the changes, which were made for clarification, but she is uncomfortable adding things to the Vail Village design plans. A vote was taken, and the motion passed 5-1, Sybill Navas against. Council member Sybil[ Navas clarified she was only against the new changes to the ordinance. Mayor Rob Ford said this ordinance has been in front of Council and the Planning and Environmental Commission for over a year. At this time, 9:55 p.m., Mike Arnett excused himself from the rest of the meeting. 10 Vail Town Council Minutes September 7, 1999 The ninth item on the agenda was first reading of Ordinance No. 22, Series of 1999, first reading of an ordinance amending Title 12 Zoning and Title 13 Subdivisions of the Town of Vail Code, and creating a new Title 14, Development Standards, providing for the establishment of development standards for property in the Town of Vail and providing for the adoption by reference the Town of Vail Development Standards Handbook. Allison Ochs, Town Planner, said the Public Works Department, the Fire Department, and the Community Development Department have been working together to clarify and consolidate the development review process for the Town of Vail. The Development Standards Handbook is the clarification of development standards used by various departments in this process. The Development Standards Handbook includes standards on Residential Access, Driveway and Parking; Residential Fire Department Access; Parking Lot Design; Grading Standards; Geologic and Environmental Hazards; Summary of Zoning Regulations; Gross Residential Floor Area Descriptions and Design Review Standards and Guidelines. Council was introduced to the Development Standards Handbook at the August 3, 1999 work session. Mayor Rob Ford said this doesn't change the standards, it puts it into a booklet form for anyone to pick up from the town and use. This is not codified and it is easier to change by resolution. Harry Gray, a local builder, said he wants a comprehensive plan in place. Council member Bob Armour stated this allows for the standards to be in one place. He said next year other things, such as the content, will be addressed later. Council member Bob Armour made a motion to approve Ordinance No. 22, Series of 1999 on first reading, and Council member Kevin Foley seconded the motion. A vote was taken and the motion passed unanimously, 5-0. The tenth item on the agenda was Resolution No. 9, Series of 1999, a Resolution Acknowledging a Vacancy on the Vail Town Council and Calling a Special Election to Fill the Unexpired Term. Tom Moorhead, Town Attorney, stated Mayor Rob Ford submitted a letter, and has announced his resignation from his position on the Vail Town Council creating a vacancy with two years remaining in his unexpired term. Pursuant to the Vail Town Code, as there are more than 365 days remaining in this unexpired term, it shall be filled by calling a special election. This special election can be held simultaneously with the upcoming general election on November 2, 1999. Section 3.2 of the Vail Town Charter provides that if a vacancy exists, the candidate receiving the fifth highest number of votes shall be elected for a two-year, unexpired term. Council member Mike Jewett asked why it was a special election. Tom Moorhead explained that if a vacancy is more than 365 days, it calls for a special election. 11 Vail Town Council Minutes September 7, 1999 Council member Bob Armour made a motion to adopt Resolution No. 9, Series of 1999, and Council member Sybill Navas seconded the motion. Council member Kevin Foley said he will Rob on the Town Council A vote was taken and the motion passed unanimously, 5-0. The eleventh item on the agenda was the Town Manager's Report. There was nothing further to add to the Town Manager's report. As there was no further business, a motion was made by Council member Bob Armour to adjourn the meeting and Council member Kevin Foley seconded the motion. A vote was taken and the motion passed unanimously, 5-0. The meeting was adjourned at 10:00 p.m. Respectfully submitted, Rob Ford Mayor ATTEST: Lorelei Donaldson Town Clerk 12 Vail Town Council Minutes September 7, 1999 i VAIL TOWN COUNCIL - MINUTES TUESDAY, September 21, 1999 7:00 P.M. The regular meeting of the Vail Town Council was held in the Town Council Chambers on Tuesday, September 21, 1999. The meeting was called to order at approximately 7:00 P.M. COUNCIL MEMBERS PRESENT: Ludwig Kurz, Mayor Pro-Tern Kevin Foley Sybill Navas Michael Jewett COUNCIL MEMBERS ABSENT: Rob Ford, Mayor Bob Armour Mike Arnett STAFF MEMBERS PRESENT: Bob McLaurin, Town Manager Tom Moorhead, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Rick Sackbauer, a Vail resident, stated he is concerned about parking for the Vail Mountain School events. He recently attended a sports event and was issued a "warning" ticket by a code enforcement officer. Several guests and locals received `warning' tickets during this event for parking on the streets near the school. The school parking was full and guests had no where else to park. He was told they should park in the Vail Parking Structure and take the bus. He checked the bus schedule and found the bus runs once an hour and was not a good solution to the parking problem. He suggested that the code enforcement division be changed to guest services. Glen Davis, President of Alpine Bank addressed the Council next. He concurred with the comments by Rick Sackbauer, as there were guests who were ticketed for parking near the Booth Creek Falls parking area. He is also a Vail Junior Hockey board member and said that the Dobson Ice Arena is over-utilized and wants to see increased ice facilities in town. He also stated that if a second sheet of ice is built down valley, people would go down valley. He said this is a great opportunity for another facility to be built in Vail to keep families in Vail. Kelly Cloutre said she had addressed the Council at their last meeting regarding the traffic flow issue in Vail Village and wanted to present an idea to move Checkpoint Charlie to the park on Vail Road and Meadow Drive. Jim Mueller, a resident in Lionshead, stated the community facilities plans would impact him greatly and he wanted to request that the quietness is preserved in his neighborhood. He said the adventure center should be sound insulated. The second item on the agenda was the consent agenda. a. Resolution No. 13, Series of 1999, a Resolution Designating The Signers Authorizing Execution Of Transfer Of Funds On The U.S. Bank Super Now Public Funds Account # 1 Vail Town Council Minutes September 21, 1999 r 122701187298, For The Town Of Vail, Permitted By The Charter Of The Town, Its Ordinances, And The Statutes Of The State Of Colorado. b. Ordinance No. 22, Series of 1999, second reading of an ordinance amending Title 12 Zoning and Title 13 Subdivisions of the Town of Vail Code, and creating a new Title 14, Development Standards, providing for the establishment of development standards for property in the Town of Vail and providing for the adoption by reference the Town of Vail Development Standards Handbook. Council member Kevin Foley made a motion to approve the consent agenda, and Council member Sybill Navas seconded the motion. A vote was taken and the motion passed unanimously, 4-0. The third item on the agenda was first reading of Ordinance No. 24, Series of 1999, an Ordinance Amending Title 12, Zoning Regulations, by Adding a New Zone District as Chapter 9D: Affordable Housing District and Providing For Special Provisions. Council member Kevin Foley made a motion to table Ordinance No. 23 & Ordinance No. 24, Series of 1999 (item no. 4) to the October 5 meeting, Council member Mike Jewett seconded the motion. A vote was taken and the motion passed unanimously, 4-0. The fourth item on the agenda was a recommendation on community facility uses to continue to explore and which design team should be chosen. Council member Sybill Navas said she was chosen to make comments at the podium as an advocate and representative for the community facilities plan. She said she has attended the community facilities meeting from the beginning as a Town Council representative. She said everyone in attendance believed it was important to move forward with this process. One of the questions asked was what was missing from the town. After two years, there has been a better understanding and knowledge of what is needed. The community facilities plan has been moving forward by interested parties and community members. She gave special thanks to Greg Moffet and Kirk Hansen for keeping the movement in process. She also thanked Russ Forrest and Suzanne Silverthorn for helping to bring the process to this point. She said they had made a trip to Green River, Wyoming, a small rural community, and toured their facilities. The facilities in Green River were great. She said it was a shame that a small community has better community facilities that the Town of Vail. The Town Council committed to this process and she encourages the next Town Council to keep this process going. This is an opportunity to leave a long-lasting legacy and to implement common goals of the community. Russ Forrest, Community Development Director, invited the members of the Community Facilities team to speak to the Council and public. Piet Pieters, representing the Vail Recreation District (VRD), said he there was a need for a second sheet of ice next to Dobson Ice Arena. The arena is a host to many tournaments and ice skating events. He said there is also a need for a new gymnastics facility as there are over ,100 kids on a waiting list. There are new locker rooms going in Dobson next April but there is a need to expand the seating capacity and there is a great need for a second sheet of ice. 2 Vail Town Council Minutes September 21, 1999 Y Diane Johnson, representing the Youth Services Department of the VRD, said a family 'fun' center would be a vital facility that needs to be a part of the hub site. She stated that 40% of the guests in Vail do not ski. A variety of activities such as a bowling alley, skateboard park, arcade, senior activities, etc. would enhance opportunities for community residents to come to Vail as well as serve our guests. She said 45% of the children who use the VRD facilities come from families who live here. Greg Moffet said he has been involved in the Vail Tomorrow process. He has children and lives in West Vail. At this time the West Vail area does not have a park within walking distance to the homes. He said this is an opportunity for the town to meet the basic needs of the community. There are many children who live in the town. He invited the Council to the neighborhood to see just how many children live in Vail. With this plan, maybe some of the families down valley will move back to Vail. He said the Council had asked for volunteers to make recommendations. These recommendations are based on lots of public input. Council voted and approved to move forward on the community facilities issue and now he is asking the Council to meet the promise and move this process forward. Tom Steinberg said he was speaking for himself and for the residents who want a performing arts and visual arts facility in town. The amphitheater is only available in the summer and the town needs year-round facilities. A large indoor facility would bring out of town guests from Denver and Grand Junction to Vail as well as locals. He said he knows of people who would be willing to put up millions of dollars to make this facility happen. The Vilar Center in Beaver Creek can accommodate up to 550 seats but we need a larger facility. He said the aging population would support this large of a facility. This facility could compliment the Vilar Center. John Garth, representing the Vail Valley Tourism and Convention Bureau, said whatever is built needs to incorporate meeting facilities. There are many opportunities lost because the town does not have facilities to accommodate large groups. He stated that seven to ten conferences are lost per month because the town doesn't have any accommodations large enough. He said the town is missing a significant opportunity. Council member Mike Jewett asked where conference groups are presently set up. John stated that the Vail Cascade Club or the Vail Marriott are presently where small groups are sent. The Vail Cascade Club accommodates approximately 300 rooms and the Marriott can accommodate around 349 rooms. John Horan-Kates, from the White River Institute, stated they are providing general support and asks Council to approve the recommendations. The hub-site facility represents a crossroads for the community. People are looking for a place to connect and this facility can provide it. He said the key to the success of the facility is how it's packaged and what key elements are included. The public and corporations will contribute if the right elements exist. The Town of Vail shouldn't head up this project. A neutral entity should spearhead this project. He said a Vail cultural center's time has come. ,Chris Moffet, representing the Vail Recreation Board, said she is a resident of West Vail. She said there is a need to provide facilities for the constituents. She said there are not enough playing fields and facilities to provide adequate services. The facilities need to provide services 3 Vail Town Council Minutes September 21, 1999 r for guests and the community. There is a need to provide services to the children of the community in the area of a second sheet of ice and a gymnastics facility. Rod Slifer stated he has been in Vail since 1962 and he summarized what had been said so far. Everyone has a good sense of what has gone before and we have a long way to go. We need to build consensus to build these projects. The timing is perfect, we need to get on track and get these facilities going. We need to work together and be respectful of each other. It's time to stop talking and time to start doing. Russ said an event center at the charter bus lot is a possibility. Funding would be necessary for any type of performing arts center or adequate conference facilities. There is a need for a year-round event facility that could be used for large community events, conferences, or special events that could accommodate over 1000 people. He also said that this type of facility would not be presented for a public funding without having significant private funding in place. The next step is to complete a market analysis and the team is recommending the EDAW design team to move forward with this project. The implementation on some of the ideas could be done within one year, such as the Dobson Ice Arena improvements and the best case time frame for additional facilities construction within the next two to three years. The blue team (EDAM was the highest ranked group among the three teams. For their ideas, proven experience, balance of creativity and practicality, the team is familiar with town codes, and there are lots of experts on the team. Russ also reviewed some possible satellite uses such as a pavilion, youth activities center, recreation fields, gymnastics, and community pool. He also discussed the need for issuing an RFP for a design team for Donovan Park. Council member Ludwig Kurz asked for public input at this time. He requested that people keep their comments to three to four minutes, sign their names on the pad at the podium, and not to be repetitive with their comments. Tom Moorhead stated that the Donovan Park trial was set for June 19, 2000. He said it's appropriate to discuss and explore opportunities, in spite of the pending litigation. Council member Ludwig Kurz thanked the Community Facilities team for all their hard work. He also asked Russ if the use of private lands and condemnation was discussed. Russ Forrest said that the team is not looking at condemnation of any private lands. Jerry Stevens, a resident of Vail for 28 years said he wants less talk and more action, specifically regarding the Dobson Ice Arena. The need has been there for 10 years. Build a second sheet of ice as soon as possible. He asked why is the start date two to three years down the road? Russ said the sooner they can reach consensus the sooner something can be built. It takes approximately 8-12 months to design a building and do the technical work. He said phasing of a building is a possibility. Paul Rondeau, a resident of Vail for over 15 years, stated he is concerned about getting to the ,locations safely and parking. Are these issues going to be addressed? 4 Vail Town Council Minutes September 21, 1999 Russ said that they would be engaging a team to look at the access of the site and parking issues, traffic demands, etc. as they go through the process. Bob McLaurin, Town Manager, said they are talking to the State of Colorado about adding a pedestrian crossing at the Simba Run area. This crossing will be happen regardless of this process. Steve Zorichak stated he has been coming to Vail since 1963 and wants the community to be a great resort. CDOT needs to do constructive improvements, he wants to reduce the speed of large vehicles from East Vail to West Vail, and reduce the noise of brake jakes, and beautify the parkways with flowers, trees, etc. He encouraged the Council to hire the team with Zehren & Associates on it. Brad Hutchison a Vail Recreation District gymnastics coach, stated a gymnastics facility is needed. The facility they now occupy is in very poor shape. There is a waiting list of over 200 children in the valley. Ethan Moore, a resident of four years, stated there are lots of children in Vail. He fully supports the proposals and wants the Council to support the proposals. Council member Mike Jewett asked Ethan what he thinks about a facility at Vail Commons. Ethan said he has no problem with what is proposed. However, any parking would need to be assessed and be accommodated in the City Market parking area. He said the kids love the pocket park and the only concern he has is the potential traffic. Phil Hoversten, a long-time resident, said he doesn't understand why the process is taking so long. He said Vail is dying and facilities are needed as soon as possible. He said if the Council doesn't support this process, the business community will not survive. This plan supports the business community. He wants to take action now, no more studies. Mayor Pro-tem Ludwig Kurz said he doesn't have a comment on why it can't move faster. He doesn't believe Vail is dying but said they should move forward as quickly and efficiently as possible. Moe Mulrooney, representing the Learning Tree and ABC School, said the current proposal is a wonderful dream compared to the nightmares they have been having to raise $500,000 for another facility or move down valley. She thanked everyone for their support and efforts. Steven Kirchner, a 14-year resident, said he is pleased by the community facilities team comments regarding the emphasis on community. He asked if the Bright Horizons space has been explored to remain a child care facility. He said it is important to have affordable child care in Vail. This avenue still needs to be pursued. Diana Donovan, a long-time resident, said to look at the uses at Donovan Park and move some ,of the facilities onto the hub site. 5 Vail Town Council Minutes September 21, 1999 Paul Jeppson, a down valley resident (but also a previous Vail resident), stated it is critical not to overlook the children's needs. Look at what the facilities are doing for the community and for the children. If it becomes too difficult to live here, and the needs of the community are not met, the quality of good employees will be gone also. The reality is that if you don't spend money on the families and employees, guests will not come either. We need to move forward quickly and do something that supports the children's programs. Rick Sackbauer said he has three children that have gone to preschool in Vail. It is getting old driving his children down valley for activities. He supports moving forward with the gymnastics facility because that facility will go away when the Eagle Valley Water & Sanitation District expands. Farrow Hitt, a local resident, said his daughter went to ABC school. A daycare facility needs to be a part of any community facilities plan. He would be willing to help raise funds if the funding is not available. He wants the Council to move forward and support this program. Bob Moroney, a down valley resident, stated he wanted to go on record that the community should not be deceived by the idea that if a community facility is built, it will build community. He said not to mix the two ideas. Community is business leaders leading by example and getting employees involved in the community. That builds community. He encouraged the youth to get involved. Mayor Pro-tem, Ludwig Kurz, said the Beaver Creek community feels that the Vilar Center has helped create a community. Carol Hymers, representing the Glen Lyon Homeowners Association, said they support the development of community facilities in Vail 100%. Jerry Sibley, a long time local, said there is a need to get started with something soon. A second sheet of ice is a good place to start. He said to make sure during the planning stages the streambeds are enhanced and not to get 'nature' buried during the design process. Chuck Ogilby, a local resident, asked if Vail Resorts will be a partner in this process and encouraged them to be active in this process. Russ Forrest stated that Vail Resorts has been active and will continue to be an active team member on the community facilities team. Rod Slifer read a letter from Peter Abuisi from the Vail Mountain School, supporting this process. K. Hurtt, a local resident, stated he was happy to hear the condemnation process was stopped. He urged the Council to maintain what we have already and to properly fund and maintain them. He said the tennis facility in Lionshead is terrible. The Town should have a policy in place to say fix it or tear it down if the facility is privately owned. 6 Vail Town Council Minutes September 21, 1999 Kirk Hansen, a local resident, said he is pleased with what has happened so far but said there is a lot of work yet to be done. He is in support of the team recommended by the community facilities team and would like to see an RFP sent out for Donovan Park. Kelly Cloutre, a long term resident, said she is encouraged by what is happening to create community. It will be a good idea to invest in the future where children and locals and guests can congregate. She said there was nothing to do 25 years ago. A swimming pool is a great idea, the library is good and the schools are a great idea. She said they need to move forward. Council member Sybill Navas said she is excited to see people at the Council meeting and the level of support and the concepts and ideas. She said the maintenance of current facilities is necessary and should be addressed. The goal of the facilities team is to break ground in April of 2000. They could move faster if the hub site facilities didn't have complex issues. A second sheet of ice is possible. She agrees that facilities do not make a community, it is more involved than that concept. She went on record to support the team picked headed up by EDAW, the RFP for Donovan Park, and to move forward on this process. Russ Forrest said they are looking to Council for an overall interest of support for the RFP for Donovan Park, approve EDAW as the team a condition of approval, and move forward on the RFP market analysis. Council member Mike Jewett said he is excited and ready to support this plan. He had concerns about the Learning Tree and ABC School, concerns about the Bright Horizon space at Vail Commons (is it necessary to spend $250,000 to improve this space) and what happened at the end of the lease to Bright Horizons. Bob McLaurin stated that City Market is interested in the same lease agreement as Bright Horizons had in the past. Council member Mike Jewett said he supports this as long as the costs remain low. He also expressed concerns he had at the size of what's being proposed at Donovan Park. He commended Sybill Navas for making the Open Space Committee meeting happen. Council member Kevin Foley stated the first project that should happen is the Red Sandstone Elementary School field. They should address concerns of access and egress traffic to Donovan Park, also he believes that the hub site would be better for the gymnastics facility and the second sheet of ice to better serve guests and locals alike. If the ABC School and Learning Tree are displaced, he said the town should pick up the tab. A second sheet of ice should begin in April of 2000. Mayor Pro-tem Ludwig Kurz thanked the community facilities team for all their hard work and efforts. He also thanked the public at the meeting for their input. He said Sybill summed the community facilities plan up best. The components of the performing arts center at the Vilar Center may not work in Vail. He said 38% of revenues come from ticket sales at the Vilar Center, there needs to be no less than 2,000 to 2,500 seats necessary. He said $11 million is a ,good start but still not there. He asked Russ if a motion should be made for each component separately or together. 7 Vail Town Council Minutes September 21, 1999 i Russ said it could be done together. Council member Sybill Navas made a motion to complete a market analysis of the recommended uses on the hub site, subject to the budget approval; approve the call for an RFP for a separate design team to work on a master plan for Donovan Park, with public input; and acceptance of the team comprised of EDAW, HGA, and Zehren & Associates to complete the design process for the hub site. Council member Mike Jewett seconded the motion. Council member Kevin Foley asked if this meant it was set in stone if this is approved. Russ said various parts of the process needs to be explored and is not set in stone. Council member Sybill Navas gave an example as to why the approval would not set anything in stone, and explained how the approval gives the staff and teams permission to explore options with what has been recommended. Council member Mike Jewett asked what time frame would be in place for removing the dirt at the east end of the Lionshead Parking Structure. Russ said they would have to excavate 45 feet down to an old landfill. Piet Peters from the Vail Recreation District didn't know how long this process would take. Bob McLaurin said the town wants to see a set of design plans before any construction took place. Mayor Pro-tem, Ludwig Kurz, said he appreciated the civility and courtesy shown at the meeting and thanked and applauded the people in attendance at this meeting. A vote was taken and the motion passed unanimously, 4-0. A ten-minute break was taken at 9:45 p.m. The meeting resumed at 9:55 p.m. The fifth item on the agenda was second reading of Ordinance No. 21, Series of 1999, an Ordinance Creating the Vail Local Marketing District. Pam Brandmeyer, Assistant Town Manager, read a list of 33 names to the Council from various lodges and rental agencies stating they were in support of this ordinance. The names were as follows: Vail Resort Rentals, Sitzmark, Lodge at Vail, LionSquare Lodge, Vail Racquet Club, Simba Run, The Wren, Vail Resort Rentals, The Chateau @ Vail, Vail Cascade Condominiums, Homestake Condominiums, Sonnenalp Resort, Vail Realty, West Vail Lodging, Vail International, Apollo Park Lodge, Gore Creek Properties, Vail Home Rentals, Antlers, Destination Resorts, Vail Athletic Club, Manor Vail Lodge, Park Meadows Lodge, Evergreen dodge, Tivoli Lodge, Bighorn Rentals, The Galytn Lodge, Willows Condominiums, LionsHead Inn, Vail Marriott Mountain. Resort, Vail Cascade Hotel & Club, Vail's Mountain Haus, and the Christiania Lodge. 8 Vail Town Council Minutes September 21, 1999 Council member Ludwig Kurz asked if we needed specific owner names to sign. Tom Moorhead, Town Attorney, stated Pam was reading a list of lodges and establishments who are in support of this marketing district, she was not reading the names of who had signed the petition. The petition had to be signed by over 50% of the commercial property owners. Council member Kevin Foley made a motion to approved Ordinance No. 21, Series of 1999 on second reading, and Council member Sybill Navas seconded the motion. Council member Mike Jewett said he has received telephone calls on a couple of issues for this discussion. The questions were 1) was a bond posted to pay for the election, 2) due to the time constraints, can this ordinance be revoked, and 3) can a committee be formed first before the election. Tom Moorhead said there was a bond posted, the timing was tight but the ordinance would be valid and he said the committee and tax can be voted on at the same time. A vote was taken and the motion passed unanimously, 4-0. The sixth item on the agenda was the Town Manager's report. Bob McLaurin, Town Manager, stated the Town Council from Mammoth Lakes, California will be returning to Vail and invited the Council to meet with them a week from Thursday at 6:00 p.m. Also, Pam is heading up a Y2K committee that will be discussing and bringing a contingency plan and recommendations for warming shelters, money for generators for the 911 dispatch center, etc. to Council next week. As there was no further business, a motion was made by Council member Kevin Foley to adjourn the meeting and Council member Mike Jewett seconded the motion. A vote was taken and the motion passed unanimously, 4-0. The meeting was adjourned at 10:05 p.m. Respectfully submitted, Ludwig Kurz Mayor Pro-tem ATTEST: Lorelei Donaldson Town Clerk 9 Vail Town Council Minutes September 21, 1999 MEMORANDUM TO: VAIL TOWN COUNCIL FROM: LORELEI DONALDSON, TOWN CLERK DATE: OCTOBER 1, 1999 SUBJECT: APPOINTMENT OF REGULAR MUNICIPAL ELECTION JUDGES It is my pleasure to suggest the following four prospective appointees as judges for the Regular Municipal Election to be held Tuesday, November 2, 1999: Karen Morter 2985 Booth Creek Drive, P.O. Box 308 Vail, CO 81657 476-5105-W 476-2406-H Jeannie Tilkmeier 5016 Main Gore Drive Vail, CO 81657 476-5801 - H Mary Jo Allen 1956 Cabin Circle, PO Box 861 Vail, CO 81657 476-5894 - H & W Vi Brown 2556 Cortina Lane, PO Box 547 Vail, CO 81658 r ORDINANCE NO. 25 SERIES OF 1999 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, 2000, THROUGH DECEMBER 31, 2000. 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 fiscal year; and WHEREAS, notice of public hearing on the proposed Town budget and capital program was published on the 1s1 of October, 1999, more than seven (7) days prior to the hearing held on the 19`'' of October, 1999, pursuant to Section 9.5 of the Charter; and WHEREAS, it is necessary for the Town Council to adopt a budget and financial plan for the 2000 fiscal year, to make appropriations for the amounts specified in the budget; and 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, 2000, and ending on the 31 st day of December, 2000: FUND AMOUNT General Fund $16,703,915 Capital Projects Fund 11,079,637 Real Estate Transfer Tax 2,751,179 Parking Structure Enterprise Fund 2,479,091 Heavy Equipment Fund 1,850,239 Dispatch Services Fund 1,170,164 Debt Service Fund 2,331,373 Health Insurance Fund 1,227,039 Vail Marketing Fund 340,000 Vail Housing Fund 1,267,290 Facility Maintenance Fund 2,064,108 Total $43,264,035 Less Interfund Transfers (9,007,488) Net Budget $34,256,547 3. The Town Council hereby adopts the full and complete Budget and Financial Plan for the 2000 fiscal year for the Town of Vail, Colorado, which are incorporated by reference herein and made part hereof, and copies of said public records shall be made available to the public in the Municipal Building of the Town. Ordinance No. 25, Series of 1999 1 1 4. This Ordinance shall take effect five (5) days after publication following the final passage hereof. 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 6. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 7. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 8. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 5`h day of October, 1999. A public hearing shall be held hereon on the 19' day of October, 1999, 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 19`h day of October, 1999. Robert E. Ford, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 25, Series of 1999 2 MEMORANDUM TO: Town Council FROM: Steve Thompson DATE: September 30, 1999 RE: Budget Ordinance Enclosed are the budget reports to support the 2000 budget ordinance. Most of these schedules are the same as we have been handing out and discussing in the last month. As you are aware, in the off-budget year, we do not produce the bound budget book. We have tried to provide enough documentation to understand the changes proposed to the original 2000 budget approved by the Town Council last year. Please refer to the bound 1999/2000 budget book for additional information regarding the 2000 budget. Pages 1-3 include the budget adjustments that are proposed to the 2000 original budget approved by the Town Council last year. This document shows by line item where the budget adjustments are occurring. Page 4 is a summary of revenue, expenditures and changes in fund balance for the amended 1999 budget and the proposed 2000 budget. This document does an accurate job of displaying fund balances for each fund at the end of each year. Pages 5-6 show the changes in personnel for the year 2000 by department and a summary of budgeted positions by department for the last nine years. The 2000 budget includes 9.65 less FTE's than was proposed in the original 2000 budget approved last year. This is an approximate savings of $496,000. Page 7 is the five-year financial projection for the General Fund. As you can see, the town begins to operate at a deficit in 2001 and the General Fund balance drops below the minimum fund balance in 2004. Page 8 is a summary of expenditures by fund and the interfund transfers and charges to produce the net expenditure budget. Pages 9-20 is a summary of all funds: 1998 actuals, 1999 original and amended budget, and the 2000 proposed budget. Also enclosed is the five-year summary of revenue and expenditures for the Capital Projects and RETT funds, which includes the changes discussed at the September 28, work session. Please feel free to call me at 479-2116 if you have any questions regarding these numbers. 2000 BUDGET AMENDMENTS General Fund EXPENDITURES REVENUES. INCREASE INCREASE DECREASE DECREASE Reason for Change Sales Tax (27,145 Revised budget estimate Ski Lift Tax (229,577 Revised budget estimate ounty Sales Tax (40,800 Revised budget estimate Federal Grants (119,296 HIDTA grant not available in 2000 Special Assessments 10,370 The Booth Creek bonds were paid off in 1999; all remaining assessments go to the General Fund. Space Rentals 1,567 Hong Kong deck deleted; Platzl deck added Salaries and Benefits (477,255) Revised salary spreadsheet Software 14,400 Community Development software Contract Services 6,000 Colorado State Patrol coverage for holidays Contract Services 4,900 Animal Control Vehicle Costs (11,360) HIDTA grant not available in 2000 Building Rent 3,820 US West contract Bank charges 1,500 Anticipated fees for purchasing cards Special Programs 6,000 Youth Recognition Award Contributions and Arrangements 71,300 Final approved contributions exceeded original budget Transfer to Dispatch Services Fund 2,571 Adjust to match transfer in on Dispatch Services Fund Total Changes 378,124 404,881 Increase (Decrease) in Fund Balance (26,757: Capital Projects Fund EXPENDITURES REVENUES INCREASE INCREASE DECREASE DECREASE Reason for Change Sales Tax (434,069 Revised budget estimate Reimbursement from VRD 36,250 Hub site cost-sharing Capital Lease Proceeds 5,000,000 ease proceeds for fire station construction Projects 5,583,000 Revised project list Total Changes 5,583,000 4,602,181 Increase (Decrease) in Fund Balance (98 t 9 Real Estate Transfer Tax Fund EXPENDITURES REVENUES INCREASE INCREASE (DECREASE) (DECREASE) Reason for Change eimbursements 100,000 VRD cost sharing for Donovan Park Real Estate Transfer Tax 600,000 Revised salary spreadsheet Salaries and Benefits (12,321) Revised salary spreadsheet Miscellaneous 40,500 Adjust for line item missed in 1999 budget Projects (555,000) Revised project list Total Changes (526,821) 700,000 Increase (Decrease) in Fund Balance I 26 821 BUDOOADJ.VJK4 1 2000 BUDGET AMENDMENTS Housing Fund EXPENDITURES REVENUES INCREASE INCREASE DECREASE (DECREASE) Reason for Change Resale Fees 1,000,000 Revise budget to gross sales and gross expenditures Rent Income 23,400 Additional employee housing units under master lease Buildings 1,000,000 Revise budget to gross sales and gross expenditures Rent Expense 27,000 Additional employee housing units under master lease Total Changes 1,027,000 1,023,400 Increase (Decrease) in Fund Balance 3 600 Booth Creek Bond Debt Service Fund EXPENDITURES REVENUES INCREASE INCREASE (DECREASE) (DECREASE) Reason for Change Special Assessments (11,182 The Booth Creek Bonds were Special Assmts Int & Penalty (2,600 paid off in 1999; Principal (10,000) all remaining Interest Expense (4,350) assessments will go fiscal Agent Fees (475) to the General Fund Total Changes (14,825 13,782 Increase (Decrease) in Fund Balance 1,043 Parking Structures Fund EXPENDITURES REVENUES INCREASE INCREASE DECREASE (DECREASE) Reason for Change Village Daily Fees (74,295 Revise budget estimate to 1998 actual revenue ionshead Daily Fees 51,283 Revise budget estimate to 1998 actual revenue Parking Passes 2,075 Revise budget estimate to 1998 actual revenue glue Pass Revenues (34,727 Revise budget estimate to 1998 actual revenue Salaries and Benefits (27,830) Revised salary spreadsheet Total Changes (27,830) (55,664 Increase (Decrease) in Fund Balance 27,834 BUDOOADJ.wK4 2 4 2000 BUDGET AMENDMENTS Heavy Equipment Fund EXPENDITURES REVENUES INCREASE INCREASE DECREASE (DECREASE) Reason for Change HEF Operating Charges (4,860 IMTA grant not available in 2000 Salaries and Benefits (28,692) Revised salary spreadsheet Total Changes (28,692 (4,860 Increase (Decrease) in Fund Balance 23,832 Facilities Maintenance Fund EXPENDITURES REVENUES INCREASE INCREASE DECREASE DECREASE Reason for Change Salaries and Benefits 1,683 Revised salary spreadsheet Total Changes 1,683 0 Increase (Decrease) in Fund Balance 1,683 Dispatch Services Fund EXPENDITURES REVENUES INCREASE INCREASE (DECREASE) DECREASE Reason for Change 911 Board 11,825 Revised expense estimates Dispatching Contracts 378 Revised expense estimates Transfer from General Fund 2,571 Revised expense estimates Salaries and Benefits 10,383 Revised salary spreadsheet Telephone Use Charges 4,250 Revised expense estimates Total Changes 14,633 14,774 Increase (Decrease) in Fund Balance 141 BUDOOADJ.WK4 3 TOWN OF VAIL 2000 BUDGET SUMMARY OF REVENUE AND EXPENDITURES AND CHANGES IN FUND BALANCE Amended 1999 2000 13e~inning Operating Revenue rr Ending Operating Revenue Ending; Fund Cstimated Budgeted Transfers Over(Under) Fund Estimated Proposed Transfers Over(Under) Fund. Fund `Type/Fund Balance Revenue' Expenditures in/ OutExpenditures Balance Revenue Expenditures In/(Out) Expenditures.,::. Balame:: General Fund 4,324,045 15,835,411 16,732,143 (500,333) (1,397,065) 2,926,980 16,709,936 16,242,267 (461,648) 6,021 2,933,001 Special R-ewnue Funds; Capital Projects Fund 2,668,215 8,923,620 4,914,696 (2,032,535) 1,976,389 4,644,604 11,942,250 8,114,372 (2,089,808) 1,738,070 6,382,674 Real Estate Transfer Tax Fund 3,222,944 2,602,849 3,155,806 0 (552,957) 2,669,987 3,304,582 2,751,179 0 553,403 3,223,390 Police Confiscation Fund 116 0 0 0 0 116 0 0 0 0 116 Vail Marketing Fund 0 340,000 340,000 0 0 0 340,000 340,000 - 0 0" 0 Vail Housing Fund 883,233 3,211,302 4,038,355 30,000 (797,053) 86,180 1,237,580 1,267,290 30,000 290 86,470 Debt Service Funds; Town of Vail Debt Service Fund 250,591 106,482 2,334,748 2,244,266 16,000 266,591 92,108 2,331,373 2,239,265 0 266,591 Booth Creek Debt Service Fund 444 15,106 73,550 58,000 (444) 0 0 0 0 0 0 Enterprise_Eund: Parking Structure Enterprise Fund 958,072 1,709,214 2,043,075 (211,731) (545,592) 412,480 1,743,726 1,603,634 (149,457) (9,365) 403,115 Internal Service-"nds; Heavy Equipment Fund 967,971 1,773,578 1,567,879 0 205,699 1,173,670 1,783,998 1,850,239 0 (66,241) 1,107,429 Health Insurance Fund 779,821 1,132,157 1,123,657 0 8,500 788,321 1,227,039 1,227,039 0 0 788,321 Facility Maintenance Fund 272,811 1,854,208 1,848,208 0 6,000 278,811 2,062,425 2,064,108 0 (1,683) 277,128 Dispatch Services Fund 0 740,255 1,130,916 412,333 21,672 21,672 767,375 1,170,164 431,648 28,859 50,531 Totals 14 328 263 38,244,182 -:39,303,033, 0 1658`851 13,269,412 41,211,019 38,961,665 0 2 249 354 IS 518766. FDSUM9.WK4 4 TOWN OF VAIL 2000 BUDGET SUMMARY OF CHANGES IN PERSONNEL 2000 Increase Department (Decrease) Position FTE Administrative Services Human Resources & Safety Assistant (1.00 Receptionist (0.80 Total Administrative Services 1.80 Public Works Department Secretary (1.00 Town Engineer (1.00 Engineering Tech (1.00 Total Public Works 3.00 Police Department Sergent (1.00 Community Development Planner I - GIS Position (1.00 Transportation Transportation Coordinator (1.00 Fleet Maintenance Mechanics Assistant (1.00 Parldng 3 Seasonal Parking Attendants (0.85 Total Decrease in FTE's 9.65 This saves the Town approximately $496,000 PERCH00.WK3 5 09/30/99 TOWN OF VAIL 1999-2000 BIENNIAL BUDGET NINE YEAR SUMMARY OF BUDGETED POSITIONS BY DEPAR'T'MENT 2000 2000 All FTE's (Full Time Equivalent Unit): Positions Revised Increased De ailment 1992 1993 1994 1995 1996 1997 1998 1999 2000 Budget (Decreased) Town Officials 6.60 7.20 7.20 7.20 6.98 6.90 6.90 6.90 6.90 6.90 0.00 Administrative Services 21.68 19.96 19.96 17.96 16.82 16.75 17.42 18.62 18.62 16.82 (1.80) Community Development 15.00 15.50 16.00 16.50 16.48 16.48 16.48 16.48 16.48 15.48 (1.00) Fire 17.50 17.00 17.00 17.00 17.00 18.00 18.00 18.00 18.00 18.00 0.00 Police 59.10 60.10 59.10 58.60 56.50 54.94 61.86 67.52 67.52 66.52 (1.00) Library 10.69 10.95 10.95 10.65 10.61 9.68 9.68 9.68 9.68 9.68 0.00 Public Works 39.54 42.30 43.05 36.89 37.10 36.33 40.04 39.47 41.76 38.76 (3.00) Transportation 38.85 38.04 40.85 41.60 42.56 43.02 43.08 48.80 48.80 47.80 (1.00) Parking 18.63 19.17 20.17 9.08 9.08 7.45 7.45 7.45 7.45 6.60 (0.85) Fleet Maintenance 15.38 15.00 15.00 14.00 14.00 13.00 13.00 13.00 14.00 13.00 (1.00) Facility Maintenance 0.00 21.75 20.83 18.83 19.83 19.83 21.83 21.83 0.00 Risk Management 1.00 1.00 0.40 0.60 0.67 0.00 0.00 Total FTE's 242.97 246.22 250.28 251.63 248.56 242.05 253.74 265.75 271.04 261.39 9.65 2000 2000 Positions Revised Increased De artmat 1992 1993 1994 1995 1996 1997 1998 1999 2000 Bud et (Decreased) Seasonal and Part Time FTE's Only Town Officials 0.65 0.70 0.70 0.48 0.48 0.00 0.00 0.00 0.00 0.00 0.00 Administrative Services 1.13 0.96 0.96 0.56 0.42 0.82 0.82 0.42 0.42 0.42 0.00 Community Development 0.50 0.48 0.48 0.48 0.48 0.48 0.48 0.48 0.00 Fire 0.50 Police 4.60 4.60 4.60 4.60 2.50 3.94 3.36 1.02 1.02 1.02 0.00 Library 0.63 0.78 0.78 1.61 1.61 1.18 0.93 0.93 0.93 0.93 0.00 Public Works\ Transportation\ Fleet Main tenance\Facility Maintenance 40.90 40.51 44.07 37.82 33.57 33.63 32.40 35.55 36.84 35.99 (0.85) Total Seasonal/ Part Time FTE's 48.41 47.55 51.61 45.55 39.06 40.05 37.99 38.40 39.69 38.84 0.85 PERSUM00. WK4 6 GENERAL FUND Five Year Financial Projection . 1'r'eaufed?u ee[ei::`::::: ';Fro eted u'::ds;>:c< '.P. erice 1...;..;:;;::::..:..... 3 VEI?UE laud ttt eat:`:::<::':.. Bt'':'::[`~ud Taxes 13,784,512 14,235,080 14,701,122 15,183,184 15,681,832 Construction Fees 650,000 650,000 650,000 650,000 650,000 Licenses & Permits 60,377 61,279 62,195 63,126 64,073 Intergovernmental 1,379,526 1,425,153 1,472,661 1,522,121 1,5 73,603 Charges for Services 168,414 174,011 179,833 185,887 192,182 Fines & Forfeits 255,699 262,880 270,292 277,943 285,839 Interest Income & Other Revenues 411,408 378,362 355,704 319,035 274 301 TOTAL REVENUE 16,709,936 17,186,765 17,691,807 18,201,296 18,721,831 Percent Increase -1.66% 2.85% 2.94% 2.88% 2.86% EXPENDITURES Salaries 7,288,706 7,580,254 7,883,464 8,198,803 8,526,755 Benefits 2,485,491 2,634,620 2,792,698 2,960,260 3,137,875 New Fire Station 250,000 262,500 275,625 289,406 Insurance Premiums 325,968 334,117 342,470 351,032 359,808 Contributions & Special Events 796,930 812,869 829,126 845,708 862,623 All Other Operating Expenses 2,392,435 2,488,132 2,587,658 2,691,164 2,798,811 Capital Outlay 210,837 200,000 200,000 200,000 200,000 Other One Time Expenditures Contingency 150,000 150,000 150,000 150,000 150,000 Planning Projects 27,000 Transfer to Housing Fund 30,000 30,000 30,000 30,000 30,000 Transfer to Police Confiscation Fund Heavy Equipment Charges Operating 1,148,742 1,262,869 1,316,954 1,373,416 1,432,365 Heavy Equipment Charges Replace 342,906 344,964 344,964 344,964 344,964 Facility Maint 1,073,252 1,269,502 1,417,352 1,407,543 1,460,197 Dispatch Services 431,648 448,549 468,939 490,292 512,655 TOTAL EXPENDITURES 16,703,915 17,805,877 18,626,125 19,318,807 20,105 458 Percent Increase -1.63% 6.60% 4.61% 3.72% 4.07% SURPLUS/(DEFICIT) 6,021 (619,112) (934,318) (1,117,511) (1,383,627) . WID IN;EUNll':BALANCE>:See 1i?) 4,'1"{)x,322 4 ;090,21Q 31,$92r;;:;F Minimum Fund Balance 1,670,994 1,718,677 1,769,181 1,820,130 1,872,183 Dilfeenee.iI Mintm#m: 3,133,32$ 2,371,533 1,3fi;712 ;8;22 t1~17#9 NOTE: Ending Find Balance Includes Health Insurance Fund Balance and Housing Loan $988,000 10FPOO.WK4 7 10/01 /99 TOWN OF VAIL 1999 - 2000 BIENNIAL BUDGET SUMMARY OF EXPENDITURES BY FUND AND INTERFUND TRANSFERS AND CHARGES 1999 1999 2000 1998' ORIGINAL AMENDED PROPOSED FUND ACTUAL 13UDGET' BUDGET BUDGET General Fund 17,718,041 16,980,960 17,232,476 16,703,915 Capital Projects Fund. 9,370,227 8,632,112 7,823,962 11,079,637 Real Estate Transfer Tax Fund 2,072,494 2,240,932 3,155,806. 2,751,179 Police Confiscation Fund 65,161 0 0 0 Vail Marketing Fund 340,086 340,000 340,000 340,000 Vail Housing Fund 2,015,592 543,631 4,038,355 1,267,290 Debt Service Fund 11,956,923 2,334,748 2,334,748 2,331,373 Booth Creek Debt Service Fund 34,527 15,550 73,550 0 Parking Structure Enterprise Fund 2,431,955 2,645,664 2,919,806 2,479,091 Heavy Equipment Fund 1,674,703 1,538,721 1,567,879 1,850,239 Health Insurance Fund 962,821 1,123,657 1,123,657 1,227,039 Facility Maintenance Fund 1,752,817 1,843,143 1,848,208 2,064,108 Dispatch Services Fund 0 1,110,416 1,130,916 1,170,164 Total Before Interfund Transfers 50,395,347 39,349,534 43,589,363 4:3:2: 64 035 Less Interfund Transfers and Charges 9,013,272 8,644,892 8,644,892 9,007,488 NET:EXPENDITURE BUDGET 41;382,075 30;704,642 34y44,47>1;; 34,256;547; Interfund Transfers & Charges Transfer to Housing Fund 1,287,572 30,000 30,000 30,000 Transfer to Police Confiscation Fund 38,590 0 0 0 Transfer to Parking Fund 0 665,000 665,000 726,000 Transfer to Dispatch Services Fund 0 412,333 412,333 431,648 Transfer to Capital Projects Fund 1,542,323 0 0 0 Transfer to Debt Service Fund 1,990,396 2,244,266 2,244,266 2,239,265 Debt Service Between Funds 0 876,731 876,731 875,457 Facility Maintenance Charge 1,642,399 1,809,851 1,809,851 2,028,527 Heavy Equipment Fund Charge 1,574,608 1,647,028 1,647,028 1,623,258 RETT Fund Salary Charge 117,450 15,142 15,142 15,748 Health Insurance Charge 819,934 944,541 944,541 1,037,585 TOTAL INTERFUND TRANSFERS & CHARGES 9,013,272 8,644,892 81644,892 9 007 488 BDSUM99.WK4 8 10/01/99 TOWN OF VAIL GENERAL FUND SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE BUDGET YEAR 2000 1999 1999 1998 ORIGINAL AMENDED 2000 ACTUAL BUDGET BUDGET BUDGET REVENUES: Taxes: Retail Sales Taxes 8,298,951 8,630;909 8,325,409 8,949,000 Property & Ownership Tax 2,078,382 2,168,800 2,168,800 2,255,552 Ski Lift Tax 2,043,210 2,185,860 1,785,860 2,000,000 Franchise Fees 548,385 547,930 552,930 554,960 Penalty and Interest 27,425 25,000 25,000 25,000 Total Taxes 12,996,353 13,558,499 12,857,999 13,784,512 Licenses and Permits: Construction Fees 708,108 650,000 400,000 650,000 Contractors Licenses 40,580 30,300 30,300 30,603 Other Permits and Licenses 36,246 29,191 29,191 29,774 Total Licenses and Permits 784,934 709,491 459,491 710,377 Intergovernmental Revenue: County Sales Tax 483,464 520,000 459,000 500,000 County Road & Bridge Tax 429,385 468,917 468,917 487,674 Additional Motor Vehicle Regis. Tax 28,499 30,160 30,160 31,366 Cigarette Tax 127,669 121,030 121,030 118,609 Highway User's Tax 213,722 220,885 220,885 229,720 Health Inspection Contract 13,157 11,689 12,682 12,157 Transportation Fees 151,966 46,000 48,277 - Federal Sources 109,063 114,708 89,952 - Eagle County E911 61,500 Total Intergovernmental Revenue 1,618,425 1,533,389 1,450,903 1,379,526 Charges for Services: Management Fee - VV Marketing Board 17,076 17,000 17,000 17,000 RETT Contribution for Salaries 102,890 Out of District Fire Response 41,680 29,203 29,203 30,371 Police Alarm Monitoring Fees 53,032 56,160 56,160 58,406 Dispatching Contracts 338,896 42,851 42,851 - Other Charges, Services, & Sales 109,589 80,513 80,316 62,637 Total Charges for Services 663,163 225,727 225,530 168,414 9 TOWN OF VAIL GENERAL FUND SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE BUDGET YEAR 2000 1999 1999 1998 ORIGINAL AMENDED 2000 ACTUAL BUDGET BUDGET BUDGET _nes & Forfeits 235,954 239,868 239,868 255,699 irnings on Investments 277,779 250,000 175,000 250,000 .scellaneous: !ntal Income 152,877 117,576 121,800 120,438 .her 148,296 39,404 304,820 40,970 Total Miscellaneous 301,173 156,980 426,620 161,408 .her Sources of Revenue: )TAL REVENUE 16,877,781 16,673,954 15,835,411 16,709,936 :PENDITURES: -wn officials 877,151 966,531 998,531 983,638 binistrative Services 1,887,849 2,193,155 2,206,211 2,076,209 immunity Development 1,184,326 1,191,059 1,191,059 1,036,081 lice 3,922,530 3,311,638 3,318,589 3,314,195 re 1,306,410 1,403,509 1,407,829 1,439,244 blic Works 2,677,607 2,296,291 2,342,280 2,235,372 ansportation 2,508,040 2,685,805 2,714,941 2,604,042 brary 599,557 647,450 655,450 677,304 ntributions and Special Events 876,038 918,355 972,419 802,930 cility Maintenance 852,371 924,834 924,834 1,073,252 erating Transfers 1,026,162 442,333 500,333 461,648 Total Expenditures 17,718,041 16,980,960 17,232,476 16,703,915 venue Over/(Under) Expenditures (840,260) (307,006) (1,397,065) 6,021 ginning Fund Balance 5,164,305 3,625,823 4,324,045 2,926,980 ding Fund Balance 4,324,045 3,318,817 2,926,980 2,933,001 10 TOWN OF VAIL CAPITAL PROJECTS FUND SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE BUDGET YEAR 2000 1999 1999 1998 ORIGINAL AMENDED 2000 ACTUAL BUDGET BUDGET BUDGET REVENUES: Sales Tax 6,812,416 6,908,720 6,664,220 6,751,000 Federal and State Revenues 1,000,000 - 2,000,000 _ Investment Income 153,269 100,000 150,000 100,000 Leases 50,000 50,000 50,000 55,000 Other 138,125 - 59,400 36,250 Transfer from Parking Fund 220,000 876,731 876,731 875,457 Transfer from RETT Fund 1,000,000 Transfer from Debt Service 322,313 Capital Lease Financing 690,300 - - 5,000,000 TOTAL REVENUE 10,386,423 7,935,451 9,800,351 12,817,707 EXPENDITURES: Projects 7,792,621 5,722,846 4,914,696 8,114,372 Operating Transfers: Transfer to Parking Fund - 665,000 665,000 726,000 Transfer to Debt Service Fund 1,277,606 2,244,266 2,244,266 2,239,265 Transfer to Housing Fund 300,000 Total Expenditures 9,370,227 8,632,112 7,823,962 11,079,637 Revenue Over/(Under) Expenditures 1,016,196 (696,661) 1,976,389 1,738,070 Beginning Fund Balance 1,652,019 1,141,319 2,668,215 4,644,604 Ending Fund Balance 2,668,215 444,658 4,644,604 6,382,674 11 TOWN OF VAIL REAL ESTATE TRANSFER TAX FUND SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE BUDGET YEAR 2000 1999 1999 1998 ORIGINAL AMENDED 2000 ACTUAL BUDGET BUDGET BUDGET :VENUES: !al Estate Transfer Taxes 2,963,496 2,300,000 2,300,000 2,900,000 !creation Amenities Fee 31,766 130,000 30,000 130,000 :her State and Federal Revenues 17,000 - 18,900 - )ttery Revenue 21,137 25,000 25,000 25,000 irnings on Investments 123,489 40,000 88,000 40,000 )lf Course Lease 99,369 105,876 105,876 109,582 .her 40,224 - 35,073 100,000 )TAL REVENUE 3,296,481 2,600,876 2,602,849 3,304,582 :PENDITURES: indscaping - 509,000 549,500 620,669 .1jects 955,044 1,716,790 2,591,164 2,114,762 rerating Transfers: 'ansfer to Capital Projects Fund 1,000,000 - - - !imbursement for Salaries 117,450 15,142 15,142 15,748 Total Expenditures 2,072,494 2,240,932 3,155,806 2,751,179 :venue Over/(Under) Expenditures 1,223,987 359,944 (552,957) 553,403 .ginning Fund Balance 1,998,957 1,746,398 3,222,944 2,669,987 - .ding Fund Balance 3,222,944 2,106,342 2,669,987 3,223,390 12 I TOWN OF VAIL MARKETING FUND SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE BUDGET YEAR 2000 1999 1999 1998 ORIGINAL AMENDED 2000 ACTUAL BUDGET BUDGET BUDGET REVENUES: Business Licenses 340,086 340,000 340,000 340,000 TOTAL REVENUE 340,086 340,000 340,000 340,000 EXPENDITURES: Marketing Expenses 323,010 323,000 323,000 323,000 Collection Fee - General Fund 17,076 17,000 17,000 17,000 Total Expenditures 340,086 340,000 340,000 340,000 13 TOWN OF VAIL HOUSING FUND SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE BUDGET YEAR 2000 1999 1999 1998 ORIGINAL AMENDED 2000 ACTUAL BUDGET BUDGET BUDGET 'VENUES: Busing Rent 67,431 127,150 134,950 141,000 iil Commons Commercial Leases 83,990 89,480 89,480 94,480 irnings on Investments 39,952 - 16,000 - iared Project Costs 625,718 - 1,048,972 - Lscellaneous 25,150 2,100 1,921,900 1,002,100 -ansfer from General Fund 987,572 30,000 30,000 30,000 -ansfer from Capital Projects Fund 300,000 - - - )TAL REVENUE 2,129,813 248,730 3,241,302 1,267,580 CPENDITURES: )using Administration 22,196 55,240 55,240 43,680 )using Projects: :ar 2000 Projects - - - 1,223,610 tblic Works Housing 755,871 - - - :d Sandstone Housing 1,080,764 - 1,600,724 - °st Vail Lots - 278,000 855,000 - )mmon Ground 114,973 10,000 10,000 - .scellaneous Housing Projects 1,821 - - - )y-Down Program - 100,000 1,100,000 - Frame Redevelopment 71 10,000 296,000 - )wn Manager Lots 75 1,000 1,000 - )unty Wide Needs Assessment - - 22,000 - Lster Leased Employee Housing - - 9,000 - :ntal Expenses: tzzard Park 30,750 72,486 72,486 - 'osa A-Frame 1,349 9,874 9,874 - '0 Potato Patch 7,722 7,031 7,031 - Total Expenditures 2,015,592 543,631 4,038,355 1,267,290 venue Over/(Under) Expenditures 114,221 (294,901) (797,053) 290 ginning Fund Balance 769,012 296,374 883,233 86,180 .ding Fund Balance 883,233 1,473 86,180 86,470 14 TOWN OF VAIL DEBT SERVICE FUND SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE BUDGET YEAR 2000 1999 1999 1998 ORIGINAL AMENDED 2000 ACTUAL BUDGET BUDGET BUDGET REVENUES: Received from Eagle County Recreation Authority 90,594 90,482 90,482 92,108 Earnings on Investments 70,562 - 16,000 - Transfer from Capital Projects Fund 1,277,606 2,244,266 2,244,266 2,239,265 Transfer from Parking Fund 712,790 Proceeds from Refunding Bonds 9,495,000 TOTAL REVENUE 11,646,552 2,334,748 2,350,748 2,331,373 EXPENDITURES: Principal 955,000 1,125,000 1,125,000 1,175,000 Interest 1,183,024 1,197,248 1,197,248 1,143,873 Fiscal Agent Fees 966 12,500 12,500 12,500 Other: Refunded Bond Costs 9,495,620 Operating Transfers 322,313 Refunded Bond Costs 9,244,060 Total Expenditures 11,956,923 2,334,748 2,334,748 2,331,373 Revenue Over/(Under) Expenditures (310,371) - 16,000 _ Beginning Fund Balance 560,962 133,011 250,591 266,591 Ending Fund Balance 250,591 133,011 266,591 266,591 15 TOWN OF VAIL PARKING STRUCTURE FUND SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE BUDGET YEAR 2000 1999 1999 1998 ORIGINAL AMENDED 2000 ACTUAL BUDGET BUDGET BUDGET 's VENUES: irking Fees 1,624,210 1,625,750 1,578,875 1,620,086 irking Assessments 531,173 103,564 53,564 62,340 !ntal Income 37,132 35,100 40,775 35,300 irnings on Investments 69,443 25,000 35,000 25,000 :her 4,226 1,000 1,000 1,000 .'ansfer from Capital Projects Fund - 665,000 665,000 726,000 )TAL REVENUE 2,266,184 2,455,414 2,374,214 2,469,726 :PENDITURES: ite Operations 356,502 338,058 612,200 323,359 iintenance Operations 790,028 885,017 885,017 955,275 ipital Outlay 352,635 545,858 545,858 325,000 'ansfer to Capital Projects Fund 220,000 876,731 876,731 875,457 •ansfer to Debt Service Fund 712,790 - - - Total Expenditures 2,431,955 2,645,664 2,919,806 2,479,091 :venue Over/(Under) Expenditures (165,771) (190,250) (545,592) (9,365) .ginning Fund Balance 1,123,844 742,100 958,072 412,480 .ding Fund Balance 958,072 551,850 412,480 403,115 16 TOWN OF VAIL HEAVY EQUIPMENT FUND SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE BUDGET YEAR 2000 1999 1999 1998 ORIGINAL AMENDED 2000 ACTUAL BUDGET BUDGET BUDGET REVENUES: Interagency Charges 1,574,608 1,647,028 1,647,028 1,618,398 Insurance Proceeds - Body Repair 64,894 40,000 40,000 41,800 Earnings on Investments 52,638 20,000 25,000 20,000 Other 5,380 - 1,150 - Sale of Fixed Assets 32,624 23,400 60,400 103,800 TOTAL REVENUE 1,730,144 1,730,428 1,773,578 1,783,998 EXPENDITURES: Salaries and Benefits 574,126 638,583 638,583 668,583 Operating, Maintenance, & Contracts 556,506 572,888 572,888 595,906 Capital Outlay 544,070 327,250 356,408 585,750 Total Expenditures 1,674,703 1,538,721 1,567,879 1,850,239 Revenue Over/(Under) Expenditures 55,441 191,707 205,699 (66,241) Beginning Fund Balance 912,530 848,333 967,971 1,173,670 Ending Fund Balance 967,971 1,040,040 1,173,670 1,107,429 17 TOWN OF VAIL HEALTH INSURANCE FUND SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE r BUDGET YEAR 2000 1999 1999 1998 ORIGINAL AMENDED 2000 ACTUAL BUDGET BUDGET BUDGET EVENUES: ateragency Charges - Premiums 819,934 967,541 967,541 1,060,585 uployee Contributions 116,246 122,366 130,866 132,704 arnings on Investments 44,932 33,750 33,750 33,750 c.her 1,518 - - - DTAL REVENUE 982,630 1,123,657 1,132,157 1,227,039 (PENDITURES: rofessional Fees 128,007 133,678 133,678 140,362 ;alth Claims 833,531 966,979 966,979 1,063,677 sort-Term Disability 1,283 23,000 23,000 23,000 Total Expenditures 962,821 1,123,657 1,123,657 1,227,039 wenue Over/(Under) Expenditures 19,809 - 8,500 - !ginning Fund Balance 760,012 688,662 779,821 788,321 iding Fund Balance 779,821 688,662 788,321 788,321 18 TOWN OF VAIL FACILITY MAINTENANCE FUND SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE BUDGET YEAR 2000 1999 1999 1996 ORIGINAL AMENDED 2000 ACTUAL BUDGET BUDGET BUDGET REVENUES: Interagency Charges 1,642,399 1,809,851 1,809,851 2,028,527 RETT Reimbursement for Salaries 14,560 15,142 15,142 15,748 Rental Income 19,465 18,150 18,150 18,150 Earnings on Investments 17,902 - 8,500 _ Other 5,590 - 2,565 - TOTAL REVENUE 1,699,916 1,843,143 1,854,208 2,062,425 EXPENDITURES: Salaries and Benefits 752,522 818,444 823,509 929,892 Operating, Maintenance, & Contracts 793,863 937,638 937,638 972,155 Internal Service Charges and Trans- fers Out 83,267 87,061 87,061 87,061 Capital Outlay 123,165 - - 75,000 Total Expenditures 1,752,817 1,843,143 1,848,208 2,064,108 Revenue Over/(Under) Expenditures (52,901) - 6,000 (1,683) Beginning Fund Balance 325,713 224,971 272,811 278,811 Ending Fund Balance 272,811 224,971 278,811 277,128 19 TOWN OF VAIL DISPATCH SERVICES FUND SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE BUDGET YEAR 2000 1999 1999 1998 ORIGINAL AMENDED 2000 ACTUAL BUDGET BUDGET BUDGET EVENUES: 311 Revenue - 154,976 154,976 173,000 .iteragency Charges - 569,879 569,879 594,375 ransfer from General Fund - 412,333 412,333 431,648 - :.her - - 15,400 )TAL REVENUE - 1,137,188 1,152,588 1,199,023 {PENDITURES: ilaries and Benefits - 1,014,866 1,014,866 1,068,464 ?erating, Maintenance, & Contracts - 75,550 73,450 81,700 ipital outlay - 20,000 42,600 20,000 Total Expenditures - 1,110,416 1,130,916 1,170,164 ~venue Over/(Under) Expenditures - 26,772 21,672 28,859 !ginning Fund Balance - - - 21,672 iding Fund Balance - 26,772 21,672 50,531 20 Capital Projects Fund Five Year Summary of Revenue and Expenditures Final Draft 2000 2001 2002 2003 2004 Project Information Revenue Sales Tax 6,751,000 6,987,285 7,231,840 7,484,954 7,746,928 In 2000 allocates $250k to GF. Growth at 3.5%. Sales tax split between GF and CPF is 57 %and 43% respectively a change from 55.5% and 44.5% Lease Revenue 55,000 60,000 60,000 60,000 60,000 Lease revenue from City Market CDOT Reimbursement 1,000,000 Reimbursement for the roundabout construction Fire Station Lease Proceeds 5,000,000 Lease purchase the new fire station Project Reimbursement 36,250 Transfer from Parking Structure Fund 875,457 875,098 876,729 876,469 875,752 Parking structures debt service on bonds Interest Income & Other 100,000 100,000 100,000 100,000 100,000 Total Revenue 12,817,707 8,022,383 9,268,569 8,521,423 8,782,680 1 OCIP9A.WK4 1 10/01/99 Capital Projects Fund Five Year Summary of Revenue and Expenditures Final Draft 2000 2001 2002 2003 2004 Project Information Expenditures Equipment Purchases Fire Truck Replacement 550,000 Replace trucks at the end of their useful lives Fire Truck Addition 190,000 190,000 Additional truck for third company Document Imaging 200,000 Estimate to provide imaging hardware and software town wide Sweeper for Village 25,000 "Walk behind" sweeper and trash vacuum Snow Plow 125,000 Snow plow and sander for frontage road maintenance, only required if we take over maintenance of frontage roads Street Sweeper 150,000 Sweeper to enhance service and reliability Technology Upgrade 50,000 50,000 50,000 50,000 Allocate a portion of capital projects fund to keep up with technology Repower Buses 152,000 160,000 Replace transmissions and engines to extend useful life Replace Buses 2,020,000 1,381,000 1,480,000 1,170,000 Replace buses at end of useful lives 800 MHz radio system 152,372 152,372 152,372 152,372 Principal and interest payments to lease purchase radios in 1998 PBX System & OS Upgrade 250,000 Subtotal Equipment Purchases 1,092,372 2,962,372 1,735,372 1,842,372 1,220,000 Capital Maintenance Bus Shelter Replacement 20,000 20,000 10,000 10,000 10,000 Replace 1 old shelter each year and add a new one every other year Street Furniture Replacement 75,000 10,000 10,000 10,000 21,000 Newspaper boxes in 2000 and replace, add street furniture Capital Street Maintenance 200,000 1,150,000 975,000 725,000 740,000 Preventive maintenance, patching, overlays and seal coats Subtotal Capital Maintenance 295,000 1,180,000 995,000 745,000 771,000 l OCIP9A.WIC4 2 10/01/99 Capital Projects Fund Five Year Summary of Revenue and Expenditures Final Draft 2000 2001 2002 2003 2004 Project Information Street Reconstruction Lionsridge Area Vail Valley Drive 75,000 100,000 2,600,000 VV Drive Golden Peak to Sunburst,and Mill Creek Circle, with bike lane West Half of East Vail 200,000 2,700,000 Bridge Rd, Willow Way, Columbine Dr, Spruce Way, Spruce Dr, Lupine, Meadow Dr, Juniper Ln Subtotal Street Reconstruction 75,000 100,000 2,800,000 2,700,000 0 Buildings & Improvements Library Building Remodel 225,000 Remodel of the old community room and VRD space - adds maintenance Medians in Frontage Road 500,000 From roundabout to Blue Cow chute, includes signing, lighting and landscaping - adds maintenence Community Room at Vail Cormnons 250,000 A community room in the Bright Horizons space - adds maintenance Overlay Municipal Bldg. Parking Lot 50,000 Improve parking lot to acceptable standard Way Finding Improvements 250,000 250,000 Includes signs in town, on 1-70, and in parking structures - adds maintenance Town Shop Imp - Storage Project 750,000 Replace the storage at old town shops Town Shop Imp - Retaining Wall 2,100,000 Construction of back retaining wall to create space for expansion Town Shop Imp - Streets building t,725,000 Construction of new streets dept. building Community Facility - Hub Site 116,000 To design the facility at the Hub site Vail Fire Station 5,000,000 Estimated cost to build new fire station - adds maintenance Vail Fire Station - Debt Service 211,000 420,000 420,000 420,000 420,000 Debt service on new fire station Subtotal Buildings / Improvements 6,102,000 1,170,000 1,170,000 2,520,000 2,145,000 10CIP9A.WK4 3 10/01/99 Capital Projects Fund Five Year Summary of Revenue and Expenditures Final Draft 2000 2001 2002 2003 2004 Project Information Streetscape Projects West Meadow Drive 100,000 2,000,000 Construct streetscape plan, drainage lighting public art and landscaping - adds maintenance from Library to Fire Station Subtotal Streetscape Projects 100,000 2,000,000 0 0 0 Property Acquisition Property Acquisition None budgeted at this time Other Improvements ADA Compliance . 10,000 10,000 10,000 10,000 10,000 Allocate money for unspecified projects Lionshead Improvements 250,000 Design costs to implement Town improvements Frontage Road Imp. Mtn Bell Site 400,000 Frontage improvement to mountain bell site dependent on employee housing project Street Light Improvement Program 75,000 75,000 75,000 75,000 75,000 Add new street lights and refurbish residential lighting program Drainage Improvements 100,000 100,000 100,000 100,000 80,000 Continue implementation of drainage master plan I Net Connection 15,000 Contract with TCI to provide fiber optic cable to town buildings Subtotal Other Improvements 450,000 585,000 185,000 185,000 165,000 Total before Transfers 8,114,372 7,997,372 6,885 372 7,992,372 4,301,000 10CIP9A.WK4 4 10/01/99 Capital Projects Fund Five Year Summary of Revenue and Expenditures Final Draft 2000 2001 2002 2003 2004 Project Information Transfer to Parking Fund- Deficit 726,000 657,000 676,000 737,000 858,000 To fund the deficit in the Parking Fund Transfer to Housing Fund 0 500,000 400,000 300,000 300,000 To fund unspecified housing projects Transfer for Debt Service 2,239,265 2,238,909 2,243,991 2,242,229 2,239,605 To fund debt service on all Town bonds Total Expenditures 11,079,637 11,393,281 10,205,363 11,271,601 7,698,605 Revenue Over (Under) Expenditures 1,738,070 (3,370,898) (936,794) (2,750,178) 1,084,075 Beginning Fund Balance 4,644,604 6,382,674 3,011,776 2,074,982 (675,196) Ending Fund Balance 6,382,674 3,011,776 2,074,982 (675,196) 408,879 I OCIP9A. WK4 5 10/01/99 Summary of Recommended Changes to the 2000 Capital Projects Expenditure Budget Additional Amount Projects added Document Imaging 200,000 Estimate to provide imaging hardware and software town wide Sweeper for Village 25,000 "Walk behind" sweeper and trash vacuum Snow Plow 125,000 Snow plow and sander for frontage road maintenance, only required if we take over maintenance of frontage roads Street Sweeper 150,000 Sweeper to enhance service and reliability Community Room at Vail Commons 250,000 A community room in the Bright Horizons space - adds maintenance Library Building Remodel 225,000 Remodel of the old community room and VRD space - adds maintenance Way Finding Improvements 250,000 Includes signs in town, on I-70, and in parking structures West Meadow Drive 100,000 Design costs to construct streetscape plan, drainage lighting public art and landscaping Design Lionshead Improvements 250,000 Design costs to implement Lionshead Improvements Overlay Municipal Building Parking Lot 50,000 Improve parking lot to acceptable standard Community Facility Hub Site 116,000 To design a new facility at the Hub site Street furniture replacement 65,000 Newspaper boxes in 2000 and replace, add street furniture Fire Station 5,000,000 Construct a new fire station Street light improvement program 35,000 Refurbish residential street lights Projects that changed in scope: PBX System & Operating System Upgrade 250,000 Added $50,000 for the OS upgrade Repower buses (55,000) Replace transmissions and engines to extend useful life Projects with Completion Date Changes: Fire truck addition (187,000) Additional truck for third company Vail Valley Dr. (100,000) VV Drive Golden Peak to Sunburst,and Mill Creek Circle, with bike lane and Mill Creek Circle Fire Truck Replacement (377,000) Replace trucks at the end of their useful lives Estimates changed on Projects: Fire station debt service (789,000) Debt service on new fire station was reduced 5,583,000 Original 2000 Budget 5,496,637 Revised Budget 11,079,637 10CIP9A.WK4 6 10/01/99 Real Estate Transfer Tax Fund Five Year Summary of Revenue and Expenditures Final Draft 2000 2001 2002 2003 2004 Project Information Revenue Real Estate Transfer Tax 2,900,000 2,900,000 2,900,000 2,900,000 2,900,000 Golf Course Lease 109,582 113,417 117,387 121,496 125,748 Lottery Revenue 25,000 25,000 25,000 25,000 25,000 Project Reimbursement 100,000 Interest Income & Other 40,000 40,000 40,000 40,000 40,000 Recreation Amenity Fee 130,000 130,000 130,000 130,000 130,000 Total Revenue 3,304,582 3,208,417 3,212,387 3,216,496 3,220,748 10RCIPA.WK4 1 10/01/99 Real Estate Transfer Tax Fund Five Year Summary of Revenue and Expenditures Final Draft 2000 2001 2002 2003 2004 Project Information Expenditures Annual Maintenance Rec Path Capital Maintenance 115,000 120,000 125,000 130,000 135,200 Capital maintenance of the town's rec path system Tree Planting 10,000 10,000 10,000 10,000 Provide additional trees to Vail's public areas Park, Path & Landscape Maintenance 596,179 620,026 644,827 670,620 697,445 Ongoing path, park and open space maintenance Subtotal Maintenance 721,179 750,026 779,827 810,620 832,645 Recreation Path/Trail Development North Trail 100,000 Construction of trail from Red Sandstone Creek to Middle Creek Trailhead Development/ Signage Create trailhead parking and improved way finding to the trailheads N Frontage Rd ( School to Interchange) 500,000 Create a separated path from the pedestrian overpass to the north side of the main interchange N Frontage Rd ( Timber Ridge to Brandess) 450,000 Reconstruct the existing at grade path as a separated path from Timber Ridge to the Brandess Building Katsos Ranch Bike Path Realign 90,000 Repair the path where shallow flooding occurs each year Lionshead Nature Trail 175,000 Construct the trail as part of the Lionshead and open lands Master plans Vail Valley Drive Bike Lane 950,000 The Bike path portion of the Vail Valley Drive street Reconstruction project South Trail 50,000 100,000 100,000 100,000 Design and construction of the south trail per the open lands plan Construct widened 6' shoulders along all frontage roads, first priority is blue cow Frontage Road Bike Trail 1,000,000 500,000 chute to East Vail Subtotal Pathways 365,000 550,000 2,050,000 550,000 600,000 IORCIPA.WK4 2 10/01/99 Real Estate Transfer Tax Fund Five Year Summary of Revenue and Expenditures Final Draft 2000 2001 2002 2003 2004 Proicet Information Park Capital Maintenance Irrigation Control 20,000 Last year of automating the Towns irrigation system Bighorn Park - Safety Imp 60,000 Bring the playground and park up to current playground safety standards Red Sandstone Park -Safety Imp 60,000 Bring the playground and park up to current playground safety standards Booth Creek Park - Safety Imp 75,000 Bring the playground and park up to current playground safety standards Ford Park Projects Connect the parking lot with the lower bench around the alpine garden and athletic Interior Rec Path 325,000 fields Parking Lot 1,100,000 Develop the parking lot and entrance to the park Improvements to the entire frontage of ford park required with the new entry and Frontage Road 1,160,000 parking lot redesign Construction of the east access road to allow loading and delivery to occur away East Access Roads 500,000 from park development Central Trash 105,000 Consolidation of a central trash dumpster location for all the park users Soccer Field Stairs 70,000 Construction of a stairway from Vail Valley drive to the Nature center bridge Nature Center Bridge Repair 40,000 The bridge may need to be replaced rather than repaired. Repair cost is in 2000 replacement cost is 230,000 in 2004 Subtotal Capital Maintenance 445,000 75,000 665,000 1,170,000 1,160,000 1 ORCIPA.WK4 3 10/01/99 Real Estate Transfer Tax Fund Five Year Summary of Revenue and Expenditures Final Draft 2000 2001 2002 2003 2004 Project Information Expenditures (continued) Park Development Buffer Cr Park Expansion Complete construction of the Buffehr Creek Park with tot lot and possible rest room and natural area Donovan Park 170,000 Master planning for the Donavan Park facility (to be determined) Donovan Park - Lower Bench 1,000,000 Construction of a portion of park and access to park Donovan Park - Community Facility Construct community facility and necessary improvements Donovan Park - Middle Bench 250,000 Complete improvements which are more neighborhood related that don't fit on the lower bench Lionshead Park 400,000 Construction of a park to replace the lionshead park and meet the needs of the lionshead master plan Tract A - West 250,000 Park construction per the open lands master plan to meet the needs of the community Subtotal Park Development 1,170,000 250,000 250,000 0 400,000 Open Lands Butell 400,000 Land identified in the open lands plan for acquisition to preserve open space located at the end of willow way Snowberry 135,000 Land identified in the open lands plan for acquisition to preserve open space located at the end of snowberry drive Subtotal Open Lands 0 400,000 0 135,000 0 Project Management 50,000 50,000 50,000 50,000 50,000 Funds a landscape architect/project manager to complete the projects Debt Service Total Projects 2,751,179 2,075,026 3,794,827 2,715 620 3,042,645 Revenue Over (Under) Expenditures 553,403 1,133,391 (582,440) 500,875 178,103 Beginning Fund Balance 2,669,987 3,223,390 4,356,781 3,774,341 4,275,216 Endint: Fund Balance 3 223,390 4,3 56 781 3,774,341 4,275,216 4,453,319 IORCIPA.WK4 4 10101/99 ORDINANCE NO. 26 SERIES OF 1999 THIRD AMENDMENT TO THE TOWN OF VAIL EMPLOYEES' PENSION PLAN WHEREAS, the Town of Vail adopted, effective September 20, 1983, a qualified money purchase pension plan known as the Town of Vail Employees' Pension Plan (the "Plan"), for the purpose of providing retirement benefits for certain of its employees; and WHEREAS, the Town of Vail restated the Plan effective January 1, 1994; and WHEREAS, the Town of Vail adopted the First Amendment to the Plan effective March 19, 1996; and WHEREAS, the Town of Vail adopted the Second Amendment to the Plan effective January 1, 1997; and WHEREAS, the Town of Vail deems it advisable to further amend the Plan to provide for daily valuation of participant accounts invested in options appropriate for daily valuation; and WHEREAS, the Town of Vail deems it advisable to further amend the Plan to comply with various provisions of Federal law; NOW THEREFORE, the Plan is hereby amended, effective January 1, 1999, as follows (1) Section 4.5 Limitations on Allocations (e) Compensation shall be amended as follows: (e) Compensation. For the purposes of this Section 4.5, compensation shall mean compensation as defined in Section 2.6., provided that any taxable compensation excluded under such Section shall be included as compensation, and provided that compensation shall include elective contributions. "Elective contributions" are amounts excludible from an Employee's gross income under a Code Section 125 cafeteria plan, and amounts contributed by the Employer, at the Employee's election, to a Code Section 457 Plan arrangement, a Code Section 403(b) arrangement, or a Code Section 125 cafeteria plan. Section 4.6 Limitation on Benefits and Contributions When an Employee Participates in Both a Defined Benefit and a Defined Contribution Plan of the Employer shall be deleted. Section 5.2 Allocation of Earnings Losses and Changes in Fair Market Value of the Net Assets of the Trust Fund (a) shall be revised as follows: (a) General Rule. Earnings and losses of the Trust Fund and changes in the fair market value of the net assets of the Trust Fund shall be allocated to the Participants as of each regular valuation date and at such other dates as determined by the Retirement Board in the ratio which the total dollar value of the interest of each such participant in the Trust Fund bears to the aggregate dollar value of all of such interests of all such participants as of the last previous regular valuation date. A new Section 5.2 Allocation of Earnings Losses and Chanizes in Fair Market Value of the Net Assets of the Trust Fund (c) shall be added as follows: (c) _Special Rule When Invested in Daily Valuation Accounts. Notwithstanding anything in the Plan to the contrary, if a Participant directs investment of his funds pursuant to Section 5.5, and the Participant directs the investment of the funds into funds which are suitable for daily valuation and represented and approved by the Retirement Board as being valued daily, then daily valuation shall apply. If daily valuation applies, on each business day of the Plan Year, a daily determination of unrealized and realized gains and losses, interest, dividends and capital gain distributions will be calculated and allocated based on the actual activity in each Participant's account rather than the method described in Section Ordinance No. 26, Series of 1999 5.2(a). Activity includes, but is not limited to, allocation of contributions, forfeitures and distributions. A participant's transfers from other qualified plans and voluntary contributions in the general Trust Fund shall share in any earnings and losses (net appreciation or net depreciation) of the Trust Fund in the same manner provided in this Section 5.2(c) if the transfers or voluntary contributions are invested as required by this Section 5.2(c). Section 5.4 Valuation of Accounts (a) Regular Valuation shall be revised as follows: (a) Regular Valuation. The regular valuation dates of the Trust Fund shall be the last day of each calendar quarter (March 31, June 30, September 30 and December 31) at which time the Retirement Board shall determine the value of the net assets of the Trust Fund, i.e., the value of all of the assets of the Trust Fund at fair market thereof, less all liabilities, both as known to the Trustee, and the value of contributions by the Employer for such year. In the event that distribution is made to a Participant, the valuation of such Participant's account shall occur as of the end of the quarter prior to such distribution. Notwithstanding the foregoing, if the Participant's account or a portion of the Participant's account is invested in accordance with Section 5.2(c), then the valuation of such Participant's account or portion of the Participant's account shall occur as of the date of the distribution. For a Participant's account that is not invested in accordance with Section 5.2(c) or for the remainder of a Participant's account that is not invested in accordance with Section 5.2(c), in no event shall valuation take place prior to the end of the quarter in which distribution is requested by the Participant. The following paragraph shall be added to Section 5.7 Leaves of Absence; Military Service: Notwithstanding any provision of this Plan to the contrary, contributions, benefits and service credit with respect to qualified military service will be provided in accordance with Code Section 414(u). Section 7.3 Time of Distribution (c) Distribution Upon Other Termination of Employ and (e) Participant Consent and Deferral Election shall be revised to replace "3,500" and "Three Thousand, Five Hundred Dollars ($3,500)" with "the cash-out limit in effect under Code § 411(a)(11)(A)." Section 9.1 Transfers Between Qualified Plans (3) Definitions (a) Eligible Rollover Distribution shall be revised as follows: (a) Eligible Rollover Distribution. An eligible rollover distribution is any distribution of all or any portion of the balance of a qualified trust to the credit of the distributee, except that an eligible rollover distribution does not include: any distribution that is one of a series of substantially equal period payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated beneficiary, or for a specified period of ten years or more; any distribution to the extent such distribution is required under section 401(a)(9) of the Code; the portion of any distribution that is not includible in gross income (determined without regard to the exclusion for net unrealized appreciation with respect to employer securities); and any hardship distribution described in Code Section 40 1 (k)(2)(B)(i)(IV). (2) If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. BRB\52084\312449.01 (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 of 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 revision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. (5) All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 5th day of October, 1999, and a public hearing shall be held on third Ordinance on the 19th day of October, 1999, 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 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED on this day of October, 1999. Robert E. Ford, Mayor ATTEST: Lorelei Donaldson, Town Clerk BRB\52084\312449.01 1 ORDINANCE NO. 27 SERIES OF 1999 THIRD AMENDMENT TO THE TOWN OF VAIL POLICE AND FIRE EMPLOYEES' PENSION PLAN WHEREAS, the Town of Vail adopted, effective January 1, 1983, a qualified money purchase pension plan known as the Town of Vail Police and Fire Employees' Pension Plan (the "Plan"), for the purpose of providing retirement benefits for certain of its employees; and WHEREAS, the Town of Vail restated the Plan effective January 1, 1994; and WHEREAS, the Town of Vail adopted the First Amendment to the Plan effective January 16, 1996; and WHEREAS, the Town of Vail adopted the Second Amendment to the Plan effective January 1, 1997; and WHEREAS, the Town of Vail deems it advisable to further amend the Plan to provide for daily valuation of participant accounts invested in options appropriate for daily valuation; and WHEREAS, amending the Plan to provide for daily valuation of participant accounts has been approved by the percentage of votes required by law and pursuant to Section 8.3 of the Plan; and WHEREAS, the Town of Vail deems it advisable to further amend the Plan to comply with various provisions of Federal law; NOW THEREFORE, the Plan is hereby amended, effective January 1, 1999, as follows (1) Section 4.5 Limitations on Allocations (e) Compensation shall be amended as follows: (e) Compensation. For the purposes of this Section 4.5, compensation shall mean compensation as defined in Section 2.6., provided that any taxable compensation excluded under such Section shall be included as compensation, and provided that compensation shall include elective contributions. "Elective contributions" are amounts excludible from an Employee's gross income under a Code Section 125 cafeteria plan, and amounts contributed by the Employer, at the Employee's election, to a Code Section 457 Plan arrangement, a Code Section 403(b) arrangement, or a Code Section 125 cafeteria plan. Section 4.6 Limitation on Benefits and Contributions When an Employee Participates in Both a Defined Benefit and a Defined Contribution Plan of the Employer shall be deleted. Section 5.2 Allocation of Earnings, Losses and Changes in Fair Market Value of the Net Assets of the Trust Fund (a) shall be revised as follows: (a) General Rule. Earnings and losses of the Trust Fund and changes in the fair. market value of the net assets of the Trust Fund shall be allocated to the Participants as of each regular valuation date and at such other dates as determined by the Retirement Board in the ratio which the total dollar value of the interest of each such participant in the Trust Fund bears to the aggregate dollar value of all of such interests of all such participants as of the last previous regular valuation date. A new Section 5.2 Allocation of Earnings, Losses and Changes in Fair Market Value of the Net Assets of the Trust Fund (c) shall be added as follows: (c) Special Rule When Invested in Daily Valuation Accounts. Notwithstanding anything in the Plan to the contrary, if a Participant directs investment of his funds pursuant to Section 5.5, and the Participant directs the investment of the funds into funds which are suitable for daily valuation and represented and approved by the Retirement Board as being valued daily, then daily valuation Ordinance No. 27, Series of 1999 i shall apply. If daily valuation applies, on each business day of the Plan Year, a daily determination of unrealized and realized gains and losses, interest, dividends and capital gain distributions will be calculated and allocated based on the actual activity in each Participant's account rather than the method described in Section 5.2(a). Activity includes, but is not limited to, allocation of contributions, forfeitures and distributions. A participant's transfers from other qualified plans and voluntary contributions in the general Trust Fund shall share in any earnings and losses (net appreciation or net depreciation) of the Trust Fund in the same manner provided in this Section 5.2(c) if the transfers or voluntary contributions are invested as required by this Section 5.2(c). Section 5.4 Valuation of Accounts (a) Regular Valuation shall be revised as follows: (a) Regular Valuation. The regular valuation dates of the Trust Fund shall be the last day of each calendar quarter (March 31, June 30, September 30 and December 31) at which time the Retirement Board shall determine the value of the net assets of the Trust Fund, i.e., the value of all of the assets of the Trust Fund at fair market thereof, less all liabilities, both as known to the Trustee, and the value of contributions by the Employer for such year. In the event that distribution is made to a Participant, the valuation of such Participant's account shall occur as of the end of the quarter prior to such distribution. Notwithstanding the foregoing, if the Participant's account or a portion of the Participant's account is invested in accordance with Section 5.2(c), then the valuation of such Participant's account or portion of the Participant's account shall occur as of the date of the distribution. For a Participant's account that is not invested in accordance with Section 5.2(c) or for the remainder of a Participant's account that is not invested in accordance with Section 5.2(c), in no event shall valuation take place prior to the end of the quarter in which distribution is requested by the Participant. The following paragraph shall be added to Section 5.7 Leaves of Absence; Military Service: Notwithstanding any provision of this Plan to the contrary, contributions, benefits and service credit with respect to qualified military service will be provided in accordance with Code Section 414(u). Section 7.3 Time of Distribution (c) Distribution Upon Other Termination of Employment and (e) Participant Consent and Deferral Election shall be revised to replace "3,500" and "Three Thousand, Five Hundred Dollars ($3,500)" with "the cash-out limit in effect under Code § 411 (a)(1 1)(A). " In Section 8.3 Amendment or Termination of Plan and Trust Agreement (a) In General, the phrase "pursuant to the requirements of CRS § 31-30-621" shall be deleted. Section 9.1 Transfers Between Qualified Plans (3) Definitions (a) Eligible Rollover Distribution shall be revised as follows: (a) Eligible Rollover Distribution. An eligible rollover distribution is any distribution of all or any portion of the balance of a qualified trust to the credit of the distributee, except that an eligible rollover distribution does not include: any distribution that is one of a series of substantially equal period payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee acid the distributee's designated beneficiary, or for a specified period of ten years or more; any distribution to the extent such distribution is required under section 401(a)(9) of the Code; the portion of any distribution that is not includible in gross income (determined without regard to the exclusion for net unrealized appreciation with respect to employer securities); and any hardship distribution described in Code Section 401(k)(2)(13)(i)(IV). BRB\52084\312449.01 (2) If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. (3) The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. (4) The repeal of 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 revision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. (5) All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 51h day of October, 1999, and a public hearing shall be held on third Ordinance on the 13th day of October, 1999, 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 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED on this day of October, 1999. Robert E. Ford, Mayor ATTEST: Lorelei Donaldson, Town Clerk BRB\52084\312449.01 ORDINANCE NO. 28 SERIES OF 1999 AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS AND BUDGET ADJUSTMENTS FROM THE TOWN OF VAIL GENERAL FUND, DISPATCH SERVICES FUND, PARKING STRUCTURE FUND, HOUSING FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, FACILITIES MAINTENANCE FUND OF THE 1999 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 1999 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 17, Series of 1998, adopting the 1999 Budget and Financial Plan for the Town 'of Vail, Colorado; and, WHEREAS, the Town has received certain revenues not budgeted for previously; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain supplemental appropriations and budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following supplemental appropriations and budget adjustments for the 1999 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the expenditure of said appropriations as follows: FUND AMOUNT General Fund $166,460 Dispatch Services Fund 20,500 Parking Structure Fund 274,142 Housing Fund 894,000 Capital Projects Fund (1,931,972) Real Estate Transfer Tax Fund 421,024 Facilities Maintenance Fund 5,065 Net Reduction in Appropriations ($150,781) 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded-unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extend only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 5`h day of October, 1999, and a public hearing shall be held on this Ordinance on the 19`h day of October, 1999, 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 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 19' day of October, 1999. Robert E. Ford, Mayor ATTEST: Lorelei Donaldson, Town Clerk C'\orinance99.28 MEMORANDUM TO: Town Council FROM: Steve Thompson DATE: September 30, 1999 RE: Supplemental Appropriations Enclosed is the worksheet of required 1999 supplemental appropriations. This is the second supplemental appropriation for 1999. The majority of the line items in the schedule of supplemental appropriations were discussed with the Town council at the August 24 work session. We have shaded the line items that have been added to the supplemental appropriation since the August 24 meeting. As the schedule of required 1999 supplemental appropriations shows, the town is reducing its appropriation of expenditures for all funds by $150,781. This reduction is primarily due to a decrease in capital project fund expenditures of $1.9 million. The $1.9 million adjustment is mainly due to not purchasing land for $1.5 million and the LionsRidge street project being under budget by $713,500. The housing and parking structure funds need a supplemental appropriation of $863,000 to begin the construction of the A-frame and Arosa-Garmisch housing projects, as well as $274,142 to fund replacement of the parking structure gate equipment. We do expect salary and benefit savings for 1999 to be between $100,000 and $200,000 but at this time do not know the exact amount. Additional overtime may offset some of this savings. We have also reduced our estimate of building revenues by $250,000 on a budget of $650,000. This shortfall is due to the lack of large building projects in 1999. We received another $1 million from CDOT in 1999, we were not expecting this until the year 2000. Therefore, total revenues are expected to exceed budget by $1 million due to CDOT's reimbursements. r, 09/30/99 TOWN OF VAIL SCIIEDULE OF REQUIRED 1999 SUPPLEMENTAL APPROPRIATIONS AND REVENUE ADJUSTMENTS FUND ADDITIONAL REVENUE DEPARTMENT (REDUCED) ADJUSTMENTS EXPLANATION 1999 INCREASE EXPENDITURE OR PROJECT EXPENDITURES DECREASE Revenues: Sales Tax Ski Li ll Tax (305,500) Revised budget estimate - (400,000) Revised budget estimate Franchise Fee/Hot Cross _ _ . _.S 10,000) Revi ed budet estimate Franchise Fe9/TCI _ S 000 Revised budget estimate Construction fcnnits (136 OUO) Rt vised bud ~ estimate Plan Check E see r g'.. t . (92,000) Revised budget csUmate P(C Vanance Fees (22,000) Iteviscdbudget esti... ate . ' County Sales Tax - - - - - m ' Isalth Inspection Contract - (61,000) Revised budget estimate - Other Federal Grants 993 Increase in Sanitarian contract I CRTA Gypsum Route ts 4,550 Bulletproof vest grant HCRT Sales 2,277 Revised budget estimate Miscellaneous Cods Book Sales 1,500 Revised budget -estimate -Building Peace Officer's Ski Race - 1,000 Revised .budget estimate Gy (4,475) sum Route Revised budget estimate Gypsum R Busoute ServFare Fare Box Ch - - - ~ - - - - - ice_B [3 _ - - - (8 _ - - ,222) Revised budget estimate - 10,000 Revised budget estimate - Interest Income Space (75,000) Revised budget estimate Rentals _ Police Miscellaneous 4,224 Revised budget estimate Libra Grants T' _ - - 1,500 Revised budget estimate !y " ' " 8 000 Revised budget estimate Miscellaneous Project Reimbursements/Shared Costs 220,600 Insurance refund and prior year dispatch collections- Other Federal Grants - - - - eneral Fund Portion of VVF 99 Championships Poliee Miscellaneous (29 306) f 11 DTA grant budgeted throw h December was cancelled 8/3 I /99 4,291 Revenue received for TIPS & participating agencies Town Officials and Admin. Services: Professional Fees 32,000 - - - - - Insurance Parking demand study (pay in lieu) Police: 1,000 Extra helipad insurance paid for'99 Championships Overtime 16,100 Increase for West Fest &'99 Championships Prolcssional Development 3,181 Unmfortns _ : _ " Training for outside agencies, reimbursement received from participating agencies 9,100 Contingency - Bulletproof vest grant (31,640) Ii1DTA gran budgeted through Dece be Supplies mr was cancelled 8/31/99 Capital Outlay TIPS booklets - reimbursement received from PariiciPatin n 2,100 . h fund gage cic Reclass from Dispatc . - Police Investigation Fund--- ~ - 7,000 - Fire: - Increase to investigations account Overtime - - 4,320 - - - Reimbursement from VRI - Public Works: - - - - - Overtime 33,489 - - - - - - - - Overtime 2 500 - Increase for West Fest &'99 Championshi Ps _ _ _ Reclassify special events overtime to Facilities Fund SUPPSUM.WK4 _ 1 09/30/99 TOWN OF VAIL SCIII,DUI,F. OF RE(1lIIR14 'D 1999 SIIPPLEMENTAI, APPROPRIATIONS AND REVENUE ADJUSTMENTS FUND ADDITIONAL REVENUE DEPARTMENT (REDUCED) ADJUSTMENTS EXPLANATION 1999 INCREASE EXPENDIT(1RE OR PRO.II'sC'I' EXPENDITURES DECREASE Transit. Bonuses - - - 11,13G _ - Overtime - - - - - . - Bus driver bonuses 9y.-_ ,000 - - - r rar- - - Increase for West Fest LibrarY grants - - - . Contrlbutlonc _ B,QOQ teforgrnnts Aunual estima Skate Board Park 9,000 Contnbutrons 20 00 _ Funded by contribution of $8 000 - Co nlnluhons 0 Contribution approved by Council 9/21/99 l9 0G4 Contributions - - - - InuiaUveTask Force lodging improvements 15,000 Contribution to VVTCB for West Fest SUBTOTAL - GENERAL FUND 166A_ (838-5431 SUPPSUM.WK4 . 2 09/30/99 TOWN OF VAIL SCHEDULE OF REQUIRED 1999 SUPPLEMENTAL APPROPRIATIONS AND REVENUE ADJUSTMENTS FUND ADDITIONAL REVENUE DEPARTMENT (REDUCED) ADJUSTMENTS EXPLANATION 1999 INCREASE EXPENDTTUI2E OR PRO.IECT EXPENDITURES DrCREASE CAPITAL PROJECTS FUND: Revenues: Sales Tax d-,1.,. CDOT rans (244,500) Revised budget estimate Miscellaneous Saps 2,000 000 Portion of $3,000 000 for roundabouts Interest 16,700 Auction proceeds for buses paid by_CPF Pro)ccl Reimbursements/Shared Costs 50,000 Revised budget estimate - 22,700 Revised budget estimate Project Reimbursements/$hared Costs 20,000 Reimbursement from VRD for Hub Site Master Plan G Library Building Remodel Community Development Remodel (225,000) Moved to 2001 -community facility related 25,000 Amount to finish project PBX System - 200,000 - Moved to-2000--- - -75,000 Vail Valle To fund news pa er boxes y Drive (cost share with VA) 25,000 - Roll(orward r P_- Lionshcad Master Plan from 1998 Utilities d Master Plan ng 65'000 Funds to design improvements Land purchase 25,000 Rollforward from 1998 (1,500,000) Taken off list - 1999 World Championships - 35,414 - - - - - - fund '99 Cham Swiss House Pavers pionship improvements --!-5,000 Council a roved - - - - - - Signage Project 1999 - 80,000--- 0,000 - - - - pp- - - Lionsridge Street Project Council approved _ 713,500 - - Street Light Improvement Project - - - - ) - _ Under budget - 15,114 Revised budget-_ _ - - - Rephcc Buses 120,000 Facility Capital - - To fund 2 buses - -p-- - - artiallyfunded by grant - - - 30,000 Fix roof on library _ - Hub Srte Master. Plan I O f 000 Phase l of network upgrade Hub Stte Master Plan ap rcived"by Council 9/21/99 65 000 p SUBTOTAL - CAPITALPROJECTS FUND Phase I of network upgrade _ (I 931 972) 1864 900 SUPPSUM.WK4 3 09/30/99 TOWN OF VAIL SCIIEDULE OF REQUIRED 1999 SUPPLEMENTAL APPROPRIA'T'IONS AND REVENUE ADJUSTMENTS FUND ADDITIONAL REVENUE DEPARTMENT (REDUCED) ADJUSTMENTS EXPLANATION EXPENDITURE OR PROJECT 1999 INCREASE REAL ESTATE TRANSFER TAX FUND: EXPENDITURES DECREASE Revenues: Recreation Amenties Fees (100,000) Revised budget estimate __e_deral Grants Other F----- 18,900 Federal reimbursement fromprior year " Interest Project Reimbursements/Shared Costs 48,000 Revised budget estimate - - Landscaping; - 35,073 RETT portion of VVF -'99 ChamPionshrP s and $6,500 from Alpine Gardens Janitorial 500 Jaisccllaneous This activity was under budgeted 40,000 Projects: This activity was under budgeted Construction Services -'99 Repairs _ 28,573 Alpine Garden pled e - - Championship darn - I Q000 Contribution approved Decemberr 1998 HT Ford Park Playground improvements - - 200,000 - - - - - - - - Ford Park 99 Championship Repairs Improve playground in Ford Park 106,000 - Donovan Master Plan - _ 30 000 Property Acquisition Donovan Master Plan approved by Council 9/21/99 5,951 Revised budget - - SUBTOTAL - REAL ESTATE TRANSFER TAX FUND 421-024 1,973 SUPPSUM.WK4 4 09/30/99 TOWN OF VAIL SCHEDULE OF REQUIRED 1999 SUPPLEMENTAL APPROPRIATIONS AND REVENUE ADJUSTMENTS FUND ADDITIONAL REVENUE DEPARTMENT (REDUCED) ADJUSTMENTS EXPLANATION 1999 INCREASE EXPENDITURE OR PROJECT EXPENDITURES DECREASE HOUSING FUND: Revenues: Coin-Op Revenue 2,200 Revised budget estimate Interest - - Projcct Reimbursements/Shared Costs 16,000 Revised budget estimate Rent 151000 County wide needs assessment revenue Income 7,800 Addttional employee housing units to be sublet to seasonais Damage Revenue _____1,000 Revised budget estimate Projects: - Construction 286,000 Estimated completion for A-Frame to 12/99 Construction - - 577,000 Rental Expense " 9 Estimated completion for Arosa-Garmrsch to 12/99 -.-plo housm unifst besu Additional em .Y. 8.. _ ublet-to_._seas Consultants - 22,000 " " - 000 ee o onals rt - - - _ ------County _ wide needs assessment expense SUBTOTAL - HOUSING FUND: 894,000 42,000 DEBT SERVICE FUND: Revenues: Interest - - - - - 16,000 Revised budget estimate SUBTOTAL - DEBT SERVICE FUND 0 16,000 BOOTH CREEK BOND FUND: Revenues: Special Assessments 3,471 Revised budget estimate Special Assessments interest erest & & Penalty___ - - - - 680 Revised budget estimate_ SUBTOTAL - BOOTH CREEK BOND FUND 4,151 PARKING FUND: Revenues: Village Daily Fees Lionshead Dail (93,100) Revised budget estimate_ Fees - - 74,300 Revised budget estimate _ 13,825 Revised bud et estimate - Value ass Revenues - - - - - 41,900 Revised bud et estimate - - - - Special Parking Assessments - - - - _ --------.g Interest _(5.0,009)_ Revised budget estimate_ - - - - - Late 9,000 Revised budget estimate Interest and Penalties 1,000 Revised budget-estimate _ Parking Structu_re_Leases - - " - - Capital Outlay: 5,675 Excess % sales - " - - - - Capital Outlay 274,142 - - - - - - - - - ew parking equipment _ SUBTOTAL - PARKING FUND 274,142 (81 200) SUPPSUM.WK4 5 09/30/99 TOWN OF VAIL SCHEDULE OF REQUIRED 1999 SUPPLEMFNTAL APPROPRIATIONS AND REVENUE ADJUSTMENTS FUND ADDITIONAL REVENUE DEPARTMENT (REDUCED) ADJUSTMENTS EXPLANATION EXPENDITURE OR PROJECT 1999 INCREASE EXPENDITURES DCCREASE HEAVY EQUIPMENT FUND: Revenues: Interest - 5,000 Revised budget estimate M_ iscellaneous - - - 1,150 Revised budget estimate Gain/Loss on Disposal of Assets 37,000 Auction proceeds - SUBTOTAL - HEAVY EQUIPMENT FUND 0 43,150- HEALTH INSURANCE FUND: Revenues: Cobra Insurance Payments 8,500 Revised budget estimate SUBTOTAL -HEALTH INSURANCE FUND 0 8,500 FACILITY MAINTENANCE FUND: Revenues: Interest 8,500 Revised budget estimate Project Reimbursements/Shared Costs Bld MaintI? onion of VVF -'99 Chamionshi s Expenditures: - g_._~ - .___-p_p Salanes_ 2,565 bvertime - Bldg Maint portion of VVF 99 Championships - 2,500 r - - Reclassify speaal events overtime from General Fund SUBTOTAL - FACILITY MAINTENANCE FUND 5,065 1 1 065 DISPATCH SERVICES FUND: Revenues: M_i_scellaneous Revenue 15,400 Reimbursement for hookup fees Expenditures: - - arm repair & maintenance 2,100 J _ - _ _ _ _ Reclass to Uniformed Services Capital Outlay _ ~ - 22,600 t- - - - - - - gwpment additions SUBTOTAL - DISPATCH SERVICES FUND 20,500 15,400 TOTAL ALL FUNDS (150,781) 1087 396 SUPPSUM.WK4 6 ORDINANCE NO. 29 Series of 1999 AN ORDINANCE DISCONNECTING THOSE PROPERTIES AS OUTLINED IN THE EXCHANGE AGREEMENT BETWEEN THE TOWN OF VAIL AND THE UNITED STATES FOREST SERVICE AS ADOPTED AND APPROVED IN RESOLUTION NO. 3, SERIES OF 1997. WHEREAS, the Town of Vail agreed to disconnect these six properties in the Exchange Agreement with the United States Forest Service as adopted in Resolution No. 3, Series of 1997 and attached hereto as Exhibit A; and WHEREAS, this disconnection will fulfill the obligation of the Town of Vail as pursuant to Exhibit A; and WHEREAS, this disconnection will not prejudice the best interests of the Town of Vail; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: (note exhibits are labeled as properties were identified in the Land Exchange Agreement) Section 1. The Town Council hereby disconnects the following parcels: a. Lot 21, Section 1, Township 5 South, Range 81 West of the Sixth Principal Meridian, County of Eagle, State of Colorado (Exhibit B: S9 Disconnection) b. Lots 3, 4, and 5, Section 18, Township 5 South, Range 79 West of the Sixth Principal Meridian, County of Eagle, State of Colorado (Exhibit C: S1 Disconnection) C. Lots 16, 19, and 21, Section 14, Township 5 South, Range 81 West of the Sixth Principal Meridian, County of Eagle, State of Colorado, or more generally known as Trappers Run (Exhibit D: 01 Disconection) d. Lot 1, Section 2, Township 5 South, Range 80 West of the Sixth Principal Meridian, County of Eagle, State of Colorado (Exhibit E: S3 Disconnection) e. Lot 8, Section 12, Township 5 South, Range 80 West of the Sixth Principal Meridian, County of Eagle, State of Colorado (Exhibit F: S7 Disconnection) f. A part of the NE 1/4 Section 7 and the NW 1/4 Section 8, Range 80 West of the 6 t" Principal Meridian, being more particularly described in Exhibit G. Section 2. The Town Council finds that the above referenced parcels should be disconnected from the Town of Vail and the best interests of the Town will not be prejudiced by such disconnection. It is therefore declared that in accordance with Colorado Revised Statutes 31-12-501 that the above referenced properties are hereby detached and disconnected by the Town of Vail. Section 3. No taxes or other charges are to be imposed on this disconnected property. Section 4. The Town Clerk is directed to record this ordinance in accordance with the Statutes of the State of Colorado. Section 5. The Town Council finds that this action must be taken for the benefit of the public and the property owner as follows: (a) Town funds and resources are presently being used to plan and zone for these areas, and the sooner the areas are disconnected, the less public expenditure, (b) Town funds and resources are presently being used to provide services for the area, and the sooner the area is disconnected, the less public expenditure will be. (c) The Town will fulfill the obligation as agreed to in Exhibit A. Section 6. If any part, section, 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. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 5th day of October 1999. A public hearing shall be held hereon on the this 5th day of October 1999 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 this 19th. day of October, 1999. Robert E. Ford, Mayor ATTEST:. Lorelei Donaldson, Town Clerk Exhibit A: Exchange Agreement as adopted and approved in Resolution No. 3, Series of 1997, between the Town of Vail and the United States Forest Service Jun 04 99 03:43p Lanette 9;0-241-2845 p.2 EXCHANGE AGREEMENT This Exchange Agreement, made this day of~f1997, j between the Tom 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, n Department of Agriculture, in consideration of the appraisals by the parties hereto of the land or interest in land herein described and other good and _ valuable considerations, the receipt of which is hereby acknowledged, do hereby severally agree as follows: WITNESSETH: Ipur uant to the General Exchange Act of March 20, 1922, as amended (42 Stat. 465 and the Act of October 21, 1976 (90 Stat. 2743), the Landowner does hereby agree to convey to the United States of America the real property described in schedule "A" enclosed hereto and made a part hereof. In exchange therefore, the United States of America agrees to convey to the Landowner by Patent issued by the Department of the Interior, the real property described in Schedule "I3" enclosed hereto and made a .part hereof. There will be no need to equalize values pursuant too Section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716) since the values were determined to be equal. The agreed to values f077 this exchange are: Property of the Landowner: $4,502,000 5 Property of the United states: $4,502,000 First, the Landowner agrees to convey.by Warranty Deed in accordance with Department of Justice standards when requested by the Forest Service, the lands or interest in lands described in Schedule "A" to the United States of America and its assigns, together with necessary documents required to convey good title, free fromtiall encumbrances except those set forth in Schedule "A." Second, the Landowner agrees to deliver all necessary documents to the Forest Supervisor, White River National Forest, who will act as escrow holder. Third, the Landowner agrees to furnish title evidence on the real property described in Schedule "A" in a form satisfactory to'the Office of the General Counsel of the United States Department of Agriculture and pay any escrow expenses incurred herein. I. Fourth, t:ne Landcwner agrees to de-annex all remaining- National. For.c_5t System land within the corparate boundary of the Town of Vail within one yea= of the closing of this land exchange. This paragraph ONLY of this Exchange Agreement shah survive closing until the de-annexation h" occured and corsititues a contractual obligation on the part of the Town Qf Vail. When title has been accepted by the Forest Service, the united States of America agrees to convey by patent the real property described in Schedule subject to any encumbrances noted therein. OMB No. 0556-0105 (r _ I111 IN ~615119 0311711997 02:28P 8720 P718 23 1 of 1! R 76.00 D 0.00 N 0.00 l;a91e, Colorado i Jun 04 99 03:43p Lanette 970-241-2845 p.3 2 Both parties agree not to do, or suffer-others to do, any act by which the value of the real property which is the subject of the Agreement may be diminished or further encumbered. in the event any such loss or damage occurs from any cause, including acts of God, to the real property described in Schedules "A" or "B," prior to execution of deed or issuance of patent, either party may refuse without liability to complete the exchange. This Agreement will be terminated in the event that either party cannot convey a good and sufficient title to the real property agreed to be exchanged. This Agreement is legally binding on all parties, subject to the terms and conditions herein and may only be amended or terminated by mutual consent. Pursuant to an agreement between the Landowner and Vail Associates, Inc., the Landowner agrees to include a covenant in regard to ski area operations in all future conveyances of the Federal land (described as Lot 3, sec. 7, T. 5 S., R. 80 W., 6th P_M.) to be acquired by the Landowner. The specific language of the covenant shall be agreed to between the Landowner and Vail Associates, Inc. No member of Congress, or Resident Commissioner, shall be admitted to any share or part of this agreement or to any benefit that may arise therefrom unless it is made with a corporation for its general benefit (18 U.S.C. 431, 433) IN WITNESS WHEREOF, the Landowner, by. its duly authorized representative, and ~j )the,Regional Forester, acting for and on behalf of the Forest Service, USDA, ~.1 have executed this Agreement this day of ~FA 191T. v } TOWN OF VAIL, a municipal corporation BY: TS (Z- 111111111i111111~1111111111111111111111111 5689 03/17/1997 02:28P 8720 P718 23 of 1 of 13 R 76.00 D 0.00 N 0.00 Eagle, Colorado FOREST SERVICE - U.S. DEPARTMENT OF AGRICULTURE ~ r By: 4Tj, E ES.7 LL Regional Forester Rocky Mountain Region, R-2 Public reporting burden for this collection of information is estimated to average 4 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Agriculture, Clearance Officer, OIRM, Room 404-W, Washington, D.C. 20250; and to the Office of Management and Budget, Paperwork Reduction Project (OMB NO. 0596-0105),. Washington, D.C. 20503. Jun 04 99 03:43p Lanette 970-241-2845 p.4 3 ACKNOWLEDGMENT State of SS; County of ) on this t jjn day of Fi°l;'ACl 1997, before me, 1-ka~/ N~e07'(r a Notary Public in and for sa State, personally appeared _(Ipberf kJ. 44cLacuuc as Tmt -N nda~lh for the Town of Vail, Ya ~iit+n~oipal corporation. IN WITNESS WHEREOF, I hereunto set my hand (D AA -,seal. Nota.~C nat .ure . Holly L. McCutcheon OF G My Commission expires: N Ian rTPiihlir.~t= 75 S. Frontage Rd. Vail, CO 81657 My Commission Expires 01/07/99 ACKNOWLEDGMENT 1 State of Colora J ) C T ) SS. County of Jefferson) DA~~ 1 1~rMRnn1 a On this _L f-% day of F &f V 1997, before me, _T Notary Public in and for said State, personally appeared .l.[7 FTR E5~1LL IN WITNESS WHEREOF, I hereunto set my hand and official seal. DAVE DAMRON NOTARY PUBLIC w STATE OF COLORADO Notary Public Signature My Commission expires: 1 110111 ~IIlI X11111 ~lilll Ili l~~lll 111111 III i~l~l 1111 l~~l 616689 03/17/1997 02:28P B720 P718 23 3 of 15 R 76.00 D 0.00 N 0.00 Eagle, Colorado I Jun 04 99 03:44p Lanette 970-241-2845 p.5 4 SCHEDULE A Lands, interest in lands, that the Landowner will convey to the United States of America: Fee title to the following lands in Colorado: Sixth Principal Meridian u\ T. 5 S.. R. 81 W. sec. 11, that portion of the NEl/4SE1/4 lying northerly of the northerly boundary lines of Vail Heights Filing No. 1, according to the Plat recorded June 25, 1969, in Book 215 at Page 438 and Resubdivision or Buffer Creek according to the Plat recorded October 81 1963 at Reception #98077; and that portion of the SW1/4SE114 lying northerly and westerly of the north and west boundary of Vail Das Schone - Filing No. 2, according to the Plat recorded as Reception No_ 110984 EXCEPT the following parcel; I Beginning at the northwest corner of Lot 10 of Vail Das Schone t Filing No. 2; thence N 01 degrees 51 minutes 10 seconds E 248.85 feet; thence S 88 degrees 08 minutes 50 seconds E 70.00 feet; thence S 47 degrees 52 minutes 03 seconds E 181.47 feet to a point being the northeast corner of said subdivision Lot 10; n thence along the north line of said Lot 10, S 59 degrees 36 minutes 06 seconds W 246.47 feet to the point of beginning; and LESS AND EXCEPT a 1.29 acres parcel to be donated by the Landowner (see Schedule C attached hereto and made a part hereof); and sec. 14, Lots 16, 19, and 21. Containing an aggregate of 75.02 acres, more or less, in Eagle County. Subject to-. 111111111111111111111111111111111111111111111111111 I111 616689 03/17/1997 02:28P 8720 P718 23 Reservations: 4 of 13 R 76.00 Q 0,00 N 0.00 Eagle, Colorado 1. Reserving to the Landowner- and its assigns, a right-of-way, for non-motorized traffic only, over the existing north Vail Trail, over and across Lots 16, 1-9, and 21, sec. 14, T- 5 S., R. 81 P1_, 6th P.M., the easement being 10 feet in width, lying equally on each side of the centerline. Outstandinq!Rights: i i. Right of way for ditches and canals constructed by the authority of the United States as reserved in the United States Patent recorded August 3, 1976, in Book 247 at Page 848 and rerecorded March 4, 1977 in Book 253 at Page 79. (Affects T. 5 S., R. 81 W., sec. 14, Lots 16 and 19.) i Jun 04 99 03:44p Lanette 970=241-2845 p.6 5 2. Right of way for distribution line purposes granted to Holy Cross Electric Association, Inc., its successors or assigns as set forth in the Patent recorded August 3, 1976 in Hook 247 at Page 848 and rerecorded March 4, 1977 in Book 253 at Page 79. (Affects T. 5 S., R. 81 W., sec. 14, Lots 16 and 19.) 3. Rights for an access road as granted to Community Television, Inc., its successors or assigns as set forth in the Patent recorded August 3, 1976,. in Book 247 at Page 848 and rerecorded March 4, 1977 in Book 253 at Page 79. (Affects T. 5 S., R. 81 W., sec. 14, Lots 16 and 19.) 4. A perpetual exclusive easement to locate, construct, use control, maintain, improve, relocate, and repair a road as granted to the United States of America and its assigns in instrument recorded August 3, 1976 in Book 247 at Page 849. (Affects T. 5 S., R. 81 W., sec. 14, Lots 16 and 19.) 5. Water and water rights, ditch and ditch rights. 6. Right of a proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises as reserved in United States Patent recorded August 22, 1900, in Book 48 at Page 236. (Affects T. 5 S., R. 81 W., sec. 14, Lots 16 and 19.) 7. Right of way for all water ditches crossing the described property together with the right of ingress and egress for the purpose of r maintaining such ditches, as reserved in deed recorded in Book 188 at Page 225. (Affects T. 5 5., R. 8I.W., sec. 14, Lots 16 and 19.) U 8. Any tax, lien, fee or assessment by reason of inclusion of subject ° property in the Vail Metropolitan Recreation District, as evidenced by •D i° instrument recorded December 17, 1987, in Book 475 at Page 819 and L ° February 2, 1989, in Book 499 at Page 683. (Affects T. 5 S., R. 81 W., 0 sec. 14, Lots 16 and 19.) NOOK N oo~ 9. Right of a proprietor of a vein or lode to extract and remove his are H Q! ® 4 W therefrom should the be found to penetrate or intersect the premises as (L m u~ reserved in united States Patent recorded October 4, 1918, in Book 93 at N m Page 301. (Affects' T. 5 S., R. 81 W., sec. 14, Lot 21.) r m m O~cnn 10. Right of way for ditches or canals constructed by the authority of the - NO United Stat s as reserved in United States Patent recorded October 4, 1918. OMM a~rCD m in Book 93 t Page 301_ (Affects T. 5 S_, R. 81 W., sec. 14, Lot 21.) ro w 63 11. Right of way easement.as granted to Holy Cross lest is Association, Inc. in instrument recorded November 5, 1571, in Book 222 at Page 170. o~ r co (Affects T. 5 S., R. 81 W., sec. 14, Lot 21.) M I 12. Right of a proprietor of a vein or lode to extract and remove his ore W.,., therefrom should the same be found to penetrate or intersect the premises as reserved in United States Patent recorded August 11, 1900, in Book 48 at Page 236.. (Affects a portion of the hereinbefore described land in T. 5 S., R.'81 W., sec. 11.) i 13. Common access easement and water tank affecting subject property as shown on the recorded Plat of Vail Das Schone - Filing No. 2. (Affects a portion of the hereinbefore described land in T. 5 S., R. 81 W., sec. 11) i Jin 04 99 03:45p Lanette 970-241-2845 p.7 6 14. Reservation of an undivided 1/2 interest in and to the oil, gas and mineral rights to the above described land as set forth in Warranty Deed recorded December 30, 1959, in Book 165 at Page 133. (Affects a portion of the hereinbef ore described land in T. 5 S., R. 81 W., sec. 11) 15. Lack of access to a public road or highway. (Affects a portion of the hereinbefore described land in T. 5 S., R. 81 W., sec. 11). 111111111111 HIM 1111111111111111111111111111111111111 616689 03/17/1997 02:28P B720 P718 23 6 of 15 R 76.00 D 0.00 N 0;00 Eagle, Colorado C1 r III4\ I Jun 04 99 03:45p Lanette 970-241-2845 p.8 7 SCHEDULE B Lands, interest in lands, that the United states, will convey to the Landowner: Fee title to the following lands in Colorado: Sixth Principal Meridian T_ 5S_ R. 79 W. I sec. 7, Lot 1; and j sec. 18, Lot 9. T. 5 S. R. 80 W. 11fill[ 11111111111111111III111111111111111111111111Its1 616689 03/17/1997 02:28P B720 P718 23 sec. 2, Lots 1 and 3; 7 of 13 R 76.00 0 0,00 N 0.00 Eagle, Colorado sec. 4, Lot 1; sec. 7, Lot 3; sec. 9, Lots 2 and 3; and sec. 12.1 Lots 4 and B. T. 5 S., R. 81 W. j sec. 1, Lot 23; / sec. 11, a portion of Lot" 13 appoximating the SE1/4SE1/4SE1/4SW1/4_ Containing 62.268 acres, more or less, Eagle County. C~ (NOTE: The hereinbefore legal descriptions and the associated acres may change as a result of approval of. Supplemental Plats issued by the USDZ-Bureau of Land C1 Management. This Exchange Agreement may be amended to any discrepancies as a r. result of the approved plats.) Subject to: Reservations: 1. Reserving to the United States a right of way thereon for ditches and canals constructed by the authority of the United States Act of August 30, 1890. (43 U.S.C. 845). R L'S2rVir14 t0 T_-1 United Sates and its assigi s, a r-ght-of--way for the existing road over and across Lot 9, sec. 18, T. 5 S., R. 79 W., 'nth P.M., the easement being 20 feet is`width, lying equally on each side of the centerline. 3. Reserving to the United States and its assigns, a right-of-way, for non-Motorized traffic only, over the existing trail (Trail 2011) over and across Lot 1, sec. 2, T. 5 SR. 80 W., 6th P.M., the easement being 10 feet in width, lying equally on each side of the centerline. a i Jun 04 99 03:45p Lanette 970-241-2845 p.9 4. Reserving to the United States and its assigns, a right-of-way, for non-motorized traffic only, over the existing trail over and across a portion of Lot 13, sec. 11, T. 5 S., R. 81 W., 6th P.M., the easement being 10 feet in width, lying equally on each side of the centerline. Provided, that if the Regional Forester determines that the roads or trails in paragraph numbers 2, 3, and a, immediately above, or any segments thereof, are no longer needed for the purposes reserved, the easement shall be terminated. The termination shall be evidenced by a statement in recordable form furnished by the appropriate Regional Forester to the patentees/grantees or their successors or assigns in interest. 5. Reserving to the United States and its assigns, a right-of-way over and across Lot 3, Sec. 7, T. 5 S., R. 8o W., 6th P.M., to the junction with Forest Development Road #711 at the new forest boundary, the easement being 22 feet in width, lying equally on each side of the centerline. The right of way is presently provided on the existing Rockledge Road, and the northern end of Forest Development Road $711. If,_ in the discretion of the Landowner, it. becomes necessary to relocate the existing Rockledge Road to I create an 80 x 80 foot building site with at least 15,000 square feet of contiguous land area, both parties hereby agree that the location of the reserved right of way shall be moved. The Landowner agrees to provide notice of such relocation to the Forest Service to allow consultation, and concurrence as to location, between the parties to a continued right of way to Forest Development Road 4711. Said relocation of the right of way, jand all related road construction costs, shall be at the expense of the Landowner. Provided, that if the Regional Forester determines that the road or any segments thereof, are no longer needed for the purposes reserved, the easement shall be terminated. The termination shall be evidenced by a statement in recordable form furnished by the appropriate Regional Forester to the patentees/grantees or their successors or assigns in interest. t2 6. Unless otherwise specified herein, the rights-of-way reserved herein may be relocated, at the patentee's/grantee's expense, by mutual agreement between the patentees/grantees, or their successors or assigns in interest, and the United States or its assigns and the execution of proper legal documents acceptable to the United States. OutstInding Rights: 1. R}ght of way Serial No. C-10482 issued to Colorado Department of Highways on October 15,1969, for interstate Highway Project i-70-2(7)183. (Affects T. 5 S., R. 80 W., sec. 1, Lot 2.3; sec. 12, Lots 4 oa 8.) 2. Right of way Serial No. C-36413 issued to Colorado Department of Highways on May 14, 1982, for Interstate Highway Project I-70-2(38), (Affects T. 5 S., R. 79 W_, sec. 7, Lot 1; and T. 5 S., R. 80 W., sec. 12, Lot 8.) 1 111111111111111111111111111111E 111111111111111111 IN 616689 03117/1997 02;28P B720 P718 23 8 of 15 R 76,00 A 0.00 N 0.00 Eagle, Colorado Jun 04 99 03:4Gp Lanette 970-241-2845 p.10 9 3. Right of way issued to Eagle County Board of Commissioners on August 16, 1971, for Lions Ridge Subdivision Road, being 80 feet in width, lying 40 feet on each side of the centerline, as recorded in Book 222 at page 143 of the official records in Eagle County, Colorado. (Affects T. SS., R. 81W., sec. 1, Lot 23.) Other: i. Landowner shall execute, or cause its successors in interest to execute with respect to such land suitable easements or agreements in favor of the parties now holding Forest Service Special Use Permits listed below. Said easements or agreements shall, as a minimum, authorize those rights, privileges, and obligations currently authorized by Forest Service Special Use Permits. A. special use Permit issued to Colorado RSA 43 Partnership through its General Partner, US West.New Vector Group, Inc., dated May 1, 1994, for managing and operating communications uses (affects T. 5 S., R. 79 W., sec. 18, Lot 9.) - B. Special Use Permit issued to Colorado High Country Cellular Limited Partnership (AKA Cellular One), dated May 1, 1994, for managing and operating communications uses (affects Parcel. T. 5 S., R. 79 W., sec. 18, Lot 9.) C. Special Use Permit issued to Town of Vail, Dept. of Public Works, dated September 19, 1989 for constructing and maintaining a trench-berm (affects T. 5 S., R. 80 W., sec. 2, Lot 1.) p, spe 4 al Use Permit issued to Holy Cross Electric Assn., Inc., dated July 6, 3.984, for operation and maintenance of a transmission line (affects T. 5 S. R. 80 W., sec. 7, Lot 3.) C7 E. Special Use Permit issued to Holy Cross Electric Assn., Inc, dated July 9, 1984, for construction, operation, and maintenance of a transmission line (affects T. 5 S., R. 79 W., sec. 18, Lot 9; T. 5 S-, R. 80 W., sec. 2, Lots 1 & 3; sec. 7, Lot 3.) F_ Special Use Permit issued to Vail Valley Consolidated Water District, (now Eagle River Water & Sanitation District), dated October 19, 1987, for construction, operation and maintenance of water and sanitation systems (affects T. 5 S., R. 80 W., sec. 2, Lot 1; sec. 7, Lot 3; and sec. 9, Lots 2 & 3.) G. Special Use Permit issued to Upper Eagle Valley Sanitation District (now Eagle River Water & Sanitation District), dated November 3, 1982, for construction, operation, and maintenance of buried sewerlines (affects T_ 5 S., R. 80 W., sec_ 9, Lots 2 & 3.) H. Master Permit issued to Mountain States T&T Co. (now US West Communications, Inc.), dated August 1, 1969, for operating and maintaining telephone and telegraph lines (aerial and buried cable) (affects Parcels T. 5 S., R. 80 W., sec. 2, Lot 1; sec. 7, Lot 3; and sec. 9, Lots 2 & 3.) 1111111111111111111!l11111111111111111i 1111111111111111 6166BS 03/17/1997 02:28P 8720 P718 23 Jun 04 99 03:47p Lanette 970-241-2845 p.11 ,A 10 1. special use Permit issued to public Service Company of Colorado, dated March 2, 1988, for construction, operation, and maintenance of natural gas distribution pipelines and related facilities (affects T. 5 S., R. 80 W., sec. 2, Lot 3; sec. 7, Lot 3.) 2. The Forest Supervisor, White River National Forest, shall secure partial relinquishments/waivers of the Special Use Permits listed in #1 immediately above, upon ekecution of the easements or agreements by the Landowner. Such relinquishments may be in the form of a relinquishment document or permit amendment. 3. The Forest Supervisor, White River National Forest, shall secure partial relinquishments/waivers of the following Special Use Permits which 1 do not-require a replacement easement or agreement by the Landowner: A. ski. Area 'T'erm Special Use Permit issued to The Vail Corporation, dated November 23, 1993, for constructing, operating, and maintaining a winter sports resort. (Affects T. 5 S., R. 80 W., sec. 7, Lot 3.) B. Temporary Special Use Permit issued to Vail Recreation District, dated May 1, 1993, for outfitting and guiding services (Affects all land hereinbefore described.) 4. Patent shall be issued subject to the following covenant which shall run with the land: "Grantee, their successors and assigns, doe hereby covenant and agree l to refrain from the construction, erection or maintenance of any structures of any kind, filling of land, reduction in water supply or vegetal diversity, or modification of surface or subsurface flow paths on the acres of wetlands located within an area-ten (10) feet above C2 the normal high water demarcation along both banks of both tributaries of Booth Creek as measured along the slope of the land as well as the lands identified and delineated as wetlands. (Affects T. 5 S., R. 80 W., sec. 2, Lot 1.) (See Figure 5 entitled "Parcel S3 - Wetlands Delineated 10/31/95", attached hereto and made a part hereof.) 5. Patent shall be issued subject to the following covenant which shall run with the land: "Grantee, their successors and assigns, do hereby covenant and agree to refrain from the construction, erection or maintenance of any structures of any kind, filling of land, reduction in water supply or vegetal diversit;., or modification of surface or subsurface flow paths on the acres of wetlands located within an area ten (i0) feet above I the normal high water demarcation along both banks of Red sandstone Creek as measured along the slope of the land as well as the lands identified and delineated as wetlands. (Affects T. 5 S., R. 81 W., sec. 1, Lot 23.) (See Figure 4 entitled "Parcel S9 - Wetlands Delineated 10/31/9511, attached hereto and made a part hereof.) 111111 VIII 111111111111111 !111!1 lIi11111111I111 111 1111 616689 03/17/1997 02:28P B720 P718 23 10 of it R 76.00 D 0.00 N 0.00 Eagle, Colorado Jun 04 99 03:48p Lanette 970-241-2845 p.12 • - 11 6. Patent shall be issued subject to the following covenant which shall run with the land: "Grantee, their successors and assigns, do hereby covenant and agree to refrain from the construction, erection or maintenance of any structures of any kind, filling of land, reduction in water supply or vegetal diversity, or modification of surface or subsurface flow paths on the lands identified and delineated as wetlands. (Affects. T. 5 S., R. 79 W., sec. 7, Lot l.) (See Figure 3 entitled "Parcel S11 - wetlands Delineated 10/31/9511, attached hereto and made a part hereof. Z rl f i I ~ ~~~Ill~~ll! ~~llll ~Illlllll I11~II1I11~IN111111I11111~1 616689 03/27/2997 02:28P 8720 P718 23 11 of 15 R 76.00 D 0.00 N 0.00 Eagle, Colorado Jun 04 99 03:48p Lanette 970-241-2845 p.13 12 SCHEDULE C Lands to be donated to the United States 'of America: j Sixth Principal Meridian T S S.. R. 81 W._ A parcel of land situated in the SW1/4SE1/4 of section 11, Township 5 South, Range 81 West of the Sixth Principal Meridian, County of Eagle, State of Colorado, being more particularly described as follows: Beginning at a U.S. Forest Service aluminum cap on aluminum pipe stamped "AP PLS 18478, whence the U.S. G.L"O. brass cap for the South i one-quarter corner of said Section 11 bears S.01 5111011W. a distance of 779.90 feet, thence N.01a5111011E. 237.49 feet; thence S.88008'5011E. 237.49 feet; thence S.01 0 5111011W. 237.49 feet; thence N.88 08'5011W. 237.49 feet to the point of beginning. Containing 1:29 acres, more or less. Subject to: Reservations: None outstanding Riqhts: None Other: 1. The Landowner shall issue a utility easement, at or prior to closing of Y this transaction, to Eagle River Water and Sanitation District across a C1 portion of the SW1/4SE1/4, sec. 11, T. 5 S., R. 81 W., Gth P.M. I 616689 03/17/1997 02:28P B720 P718 23 12 of 15 R 75.00 D 0.00 N 0.00 Eagle, Colorado i ~ I 1 Exhibit B.m S9 Disconnect'ion (Parcel 1 °,3 ens I B1 ~ em n Ba v iBB ~ n / Wl 3 I s T IYOCK t B 3° TTQV - Lot21 J~ (6 - General Description: Lot 20- Portion of Parcel A, located immediately north POTATO of Vail View Dr. DR I 3 and west of Potato Patch Dr. 7 ~BSMAVIANEI- 1, ST- wP~,,,F~ Ba3 Legal Description: Lot 21, Section 1, Township 5 South, Range 81 West of the 6th Principal Meridian Exhimbimt Dimsconnectimon (Parcel I u j1 ~ z r ' s,ar ~r 5„r L5, s SJ 9,r I a I 6,J1' General Description: sz/ ~'~p ~ _ , 5 a ARE srv r Parcel H located along Gore 5 _C Creek near the I-70 right-of-way 13 «5 7r. VVVaaaRR I ~ oy 5,a 5, 6m ~ i 5 t5 ? _ 5 Ir ~ r ~ 51W ffi ~ I I ~ mss. sui I ~ 5 _ ~j H ~ a I I ~ ( ¦ 5 = Legal Descri ption¦ s Lots 3 4 and 5 Section 18, Township 5 South, Range. 79 West of the 6th Principal Meridian • ii 01 Disconnection (Trappers Exh b t D-. Run) - - - General Description: ~D Trappers Run, located in West Vail, ' ~J=J off of Cortina Ln. and Davos Tr. Lot 16 Lot 19 Lot 21 Legal Description: Lots 16, 19, and 21, Section 14, Township 5 South, a' - Range 81 West of the - 6th Principal Meridian i it E: S3 Disconnection (Parcel L©t 1 General Description: A portion of Parcel F, PARCEL-1 located at the north end of Booth Falls Rd. l I I BOOTH FALLS (SA4005 1 13 W91 5 I 6 ~ W31 3097 ~ 2955 29`5 4 4 0 2915 ~ 2965 3325 1 I i 3oao , 3 \ / 15 I 9 1 2935 \ 2 ~ 8 3021 p ~ 30W 8 r 3115 2 2925 ~4~ 9 16 40 j 3145 O QP 2900 ~1~~ 3140 7 ' LL I ,`p?G1 11 10 S O7H CREEK ` 301 7 1 /O 72 3275 / 6 O 10 31W 3130 I m 3 WNHOLsPs % 18 3155 19 1 / ~ 11 ~ V ~ 9 B 64 3140 2875 / % 31W 3247 14 TS ~_Y//0 TRACT B I/// 3255 I 3245 OS N 11 BB 5 C 3010 12 J 3241 V55 yRp ` i ~ 31W VAIL k=NTAIN SCHOOL Legal Description: Lot 1, Section 2, Township 5 South, - 40 Range 80 West of the 6th Principal Meridian Exhm1bit Fm, S7 Dmisconnection n~ General Description: y, set , UM0\pfaR ~aoo Located in East Vai I, near Spruce Way, ~I in the 1-70 R ht-of Way l o I awl J s~ L, J/ 7 o \ ves re s \ LOt 8 ~'n/ / ua3 ~c\wwu ~'yL 65 °RU- _ Legal Description: - Lot 8 Section 12 - 0 2 ur j O3 F,q[[ N.s5 Township 5 South i S[ry w / .szs ~ -J3 _ _ .525 . Range 80 West of the 6th Principal Meridian Exhibit G: Legal Description of S5 A part of the NE 1/4 Section 7 and the NW 1/4 Section 8, Township 5 South Range 80 West of the Sixth Principal Meridian, said part being more particularly described as follows: Beginning at the Northwest 1/16 Corner of said Section 8; thence S 00°09'00" E 443.20 feet on the westerly boundary of Block 1, Vail Village Fifth Filing, a subdivision recorded in the office of the Eagle County, Colorado, Clerk and Recorder, said boundary also being the west line of the SE 1/4NW 1/4 of said Section 8; thence departing said boundary N 62°28'00" W 628.66 feet; thence S 89°44'00" W 765.21 feet; thence S 89°41'00" W 1472.83 feet; thence N 00°23'00" W 150.00 feet to the Southwest comer of Lot 15, Block 7, Vail Village First Filing, a subdivision recorded in the office of the Eagle County, Colorado, Clerk and Recorder; thence N 89°41'00" E 1472.83 feet on the southerly boundary of said Vail Village First Filing to the North 1/16 Corner of said Sections 7 and 8; thence continuing on said boundary N 89°44'00" E 1322.52 feet to the Point of Beginning, containing 500,868 square feet or 11.498 acres, more or less; and excluding that area defined as Lot 3, Section 7, Township 5 South, Range 80 West of the Sixth Principal Meridian and excluding that area as referred to in Ordinance No. 11, Series of 1998. .ti '-Exhibit H.m s(Parcel General Description: r Parcel C, the property all adjacent to Vail Village e _ Filing 1, excluding the Rockledge Rd. properties L q and Lot 2 . •~,2 -LLi1 I Legal Description: Lo - see Exhibit G or Shaded area to be disconnected' n full description Iv ~y TOWN OF VAIL Office of the Town Manager 75 South Frontage Road Vail, Colorado 81657 970-479-2105/Fax 970-479-2157 TM MEMORANDUM TO: Vail Town Council FROM: Robert W. McLaurin, Town Manager DATE: October 1, 1999 SUBJECT: Town Manager's Report October 5"' Council Meeting Due to a previous personal commitment I will not be in attendance at either the work session or the evening meeting. I will be in Denver attending a parenting class in order to enhance my skills as parent. If you have questions regarding any of the agenda items I will be in Town until Tuesday morning so please feel free to give me a call. I will return to the office on Wednesday morning. UPCOMING MEETINGS 10/12/99 WS PEC/DRB Report E-91 I Board presentation 10/19/99 WS Donald Gallegos - 20 years Mike Rose - 20 years Off-street parking 10/ 19/99 TC I S` read Ord. re: Model Traffic Code 2"a read Ord. 23, re: PA Zone Amend 2"d read Ord.29, re: de-annexation 2"d read Ord. 25, budget 2"d read Ord. 28, supplemental 2"a read Ord. 27, police & fire pension 2"a read Ord. 26, employee pension RECYCLED PAPER u ~y TOWN OF VAIL Office of the Town Attorney 75 South Frontage Road Vail, Colorado 81657 970-479-2107/Fax 970-479-2157 TM MEMORANDUM TO: Vail Town Council FROM: R. Thomas Moorhead, Town Attorney DATE: October 1, 1999 SUBJECT: Vacation From October 5, 1999, through October 15, 1999, I will be out of the office on vacation. I will be able to be reached at (808) 879-6649 and will be checking my voicemail at 479-2107. If an emergency arises please let Anne Wright know and she will be able to reach me very quickly. Thanks you. RTM/aw £Acouncil.mem toow RECYCLEDPAPER +m0;F+* WO +i *+0TV +ON 4XOtWJ*t6X~ ~Qrrtt 4%~ AX~ OVt *OM O! tees rot *UM 40+lr#t c9 Di o *6V *0*4U *iV00*0 "..a ?t?wts? tirtr ~ccX'' a-1d FAX Date: Saturday, October 02, 1999 Time: 4:11:00 PM 1 Pages To: Town Council From: Caleb B. Hurd Town of Vail Fax: 479-2157 Fax: 970-476-5294 Voice: Voice: 970-476-5294 Comments: Dear Council Members as a property owner on W Meadow Dr and effected by the Faessler Public Accomodation Zone District amendment we object to its passage in its present form. We feel that if approved it will substantially impede protections provided all property owners under the Vail Village Master Plan. We also object to inceasing residential & commercial densities & the possible expansion of commercial uses in established residential neighborhoods. Caleb Hurtt 10/03/1999 17:21 516-287-1710 ITTLESON PAGE 01 Sabo plantation poco October 4, 1999 Town Council Town of Vail 75 South Frontage Road Vail, Colorado 81657 d t on zone District Amendment Re: Dear Mayor Ford and Town Council Members: I am a vaii village property owner who will be affected by the above- referenced amendment. I am writing to you at this time to express my objection to,th6 passage of this ordinance in its present form and to the procedures being used for its consideration. Any and all changes being proposed by this amendment should be considered within the context of the Vail Village Master Plan. Imposition of design standards and any other deviations from or changes to the plan, must be amended to the Master Plan after being adequately addressed and subject to timely public comment and review. I am also against the increase in residential and commercial densities, the potential for store-front retail uses and the expansion of commercial uses in established residential neighborhoods, and the use of impact fees to finance improvements which are prohibited by covenant on stream tract land. Issues regarding parking, loading and delivery, traffic congestion, architectural design standards, employee housing, and associated, public improvements should also be carefully considered within the context of the Vail Village Master Plan prior to the adoption of these or similar amendments. I, therefore, request the Town Council to reject the amendment on second reading. Thank you for your attention to this matter and.I look forward to learning the result of the hearing. S1185 Poco Sabo Lane, Gren Pond, S.C. 29446 TeL (843) 844.2600, FaL (Sq 844.8024, a Md: 1tt@10W00®try e0M 02/26/1999 08:44 5162871758 ROY PLUM PAGE 01 M Roy R. Plum 6 Isle Ridge West Hobe Sound, FL 33455 TEL: 561 546-7646 FAX: 561 546-7646 Dear Mayor Ford and Town Council, As President of the Riverhouse Condomuium Association, a group of ten condominium owners, l must object on behalf of our association to the Faessler Accomodation Zone District Amendment due to its future impact on our building (the Riverhouse) in Willow Place. It is our position that the magnitude of changes being proposed should be considered within the context of the Vail Village Master Plan. Deviations i from or changes to the plan must be amended to the master plan after timely public comment and review. We further object most strenuously with the use of impact fees to finance improvements, which are prohibited by covenant on stream tract land. We therefor request the Town Council to reject the amendment on the second reading. S4ce y y o rs, Rlum Pre sident Riverhouse Assn. OCT-01-99 FRI 01:28 PM BRANDESS-CADMUS REAL EST FAX NO, 9704763188 P. 01 A (I . G~ 2 e S(wd 'Condo-zn* rn. a,a a_ 281 gy&ke skeet Vag, "uw& 89657 9d.- (970) 4764450 Sax. (970 476--3988 October 1, 1999 Dcar Mayor Foixi and Torun Council Members: On hr.half of the 13riclge Street Condominium Association, as its president, please accept this letter as Our objectioli to the Facssler Public Accommodation Zone District. As proporty owners, we believe that these remarkable and unusual proposed changes should be considored within the context or the Vail Village Master Plan. The proposed changes to the r(rin froni our understanding should be adequately talked about, They should be subjcei to public input and criticism before being adopted into the Master Plan. Portlier, we arc 7g,Miust ille Proposed increase in residential and commercial densities and thr.. poic.ndal for expansion to store front retail and commercial uses in existing residential neighborhoods. Also, issues relating to parking, loading and delivery, and (tic location of on street retail commercial need to be carefully considered within th housing context of the Master Plan prior to any adoption of the Facssler amendment or any other similar aniendmcnls. We request tltc Town Council reject the amendment on second reading. Sincerely, ~V Mark Cadmus Bridge Street Condominium Association t, SEP-30-99 THU 16:24 000000000000000000000000 9709494385 P.01 The ' C HAMBE, Of'-'Commerce FOR IMMEDIATE RELEASE Colatact: Robin Zeigler, (970) 949-5189 I CORRECTION AVON Please disregard previous fai about Chamblcr Mixer. Sorry for the ionfusion and thank you for your patience. ARROWIIBAD CH,A.MBER BUSINESSAFTER HOURS MIXER SET FOR &TOBER 20" • 'EEAV>rR PEEK ' (AVON, CO)...October` L. 1999-, This molrth's Chugber of Commercb 13u$iness, CORDILLERA After Hours Mixer will be held at Lake Creek Village Apartments, 4923 Lake Creek Village Drive, EdwArds, from 5:39 to 7.10 p.m. ova Wednesday, October 20th. I y ' EAGLE-VAIL meet meet Chamber members and their guegs and learn mare about the terrific bgnefits the Chamber has to offer. Light appetizers.a4beverages are,served. For more information ple4se call (970) 949-5199. EDWARDS , I ' M1NrUM , VAIL ' WOLCOTT Parr Oi FtCB Box 1437 AvoN. CoLoBADD 81620 (970) 949519 • FAX (970) 949-4385 f E-Mall: chamberevall.net • btty: //Wimmail.Aet/chamber SEP-30-99 THU 15:35 000000000000000000000000 9709494385 P.05 The . .•CHA,MBE ' Of Corn'rher'ce- 1 FOR IMMEPIATE RELEASE Contact: Sea Brown, (970) 949-5189 ' , "BUILDING WEALTH", AN INJ'ORP4ATIONAL SEMINAR QN pROTECTION'AND D)EBT MANAGEMEN'T'. - AVON (AVON, CO, Qctober ,1st)..,This month's Chamber''Valley Business Forum ' r $rokfasl' Focuses on creating strategies to help build wealth ana'financial security. ARROWHEAD Pri; ted by Aletha parreV, Personal Nj ia*Icial An#lyst for Primerica,, the Breast will take place on Tuesday, October 26'h, 1999, froln 7:30-9 a-m,, at the Chamber ti conference 8t training roam in Avon. BF.AVk)Z CREEK Aletha will'givo suggested strategies that will help you asses your current financial position and plans for r6tirement. She will alto help you with advice on income and coRDILLERA rise) protection; life insurance aid bow ~o avoid the'cre~ iftrap, Chamber members and guests and Invited to attend this freF seminar made possible by BAGLI<VAa Alpine Bank, the Columbine Bakery, Starbucks Cpffee, The Comfort Inn and KTUN- a The a$le. To prepare for adequate t6od and seating,,RSV~ by fij ay, October 22to 949-5189. r _ fiDWA)tAs MINTURN + VAIL WOLCOTT POST` Omu BOX 1437 AVON, COWRAW 81620 (970) 94!-5149 • FAX (970) 9494385 ~ E-Mail: 6arrbergvall.net • http. //www.vail.net/ch9mbgr SEP-30-99 THU 15:33 000000000000000000000000 9709494385 P.02 The ' - ` CHAM Ek ,'4f ommerce, FOIE YMMEDIA'l(' REI~E,,SE ' Contack; Robin 7•eigler, 949.-5189., , CHAMBER ftW RESIDENTWELCOME AVON ! RWUES VALLEY NEWCOMERS (AVON, CO-October Ist)...T'he, Chamber pf Commerce invites all new residents of ARROWHEAD tho Vail Valley to attend our frbe monthly "New Redident Welcome" on October' Vd; 4:00-5;00 p.m: at the Ch tuber of Commerce Visitor W'ormatign Center, in Avon.' Visitor's Center staff will be on' hand to answer questions and provide D>iAVSR CREEK information on anything from utilities to, daycare and schools to bow to btcome more , involved in the cotnnlunity. ` ' Light snacks and beverages )will. be served, For more information, please call the 60RDILL9RA C44ipber of Commerce at 949-5189, ; i % $AaE-VAIL ' 1;DWARDS MINTURN V&L WoLcari i i Poor OFks Box 1437 AVON, CoLoRk* 81620 (970) 949-5189 1FAx (970) 9,49-4385 , E-Mali: Oambcr®vail.net i hV; //www.vatl.net/chamber, SEP-30-99 THU 15:34 000000000000000000000000 9709494385 P.03 The,. , Of Commerce QR JMMFDIA RELEASE, . ' Contact: Jen gown, 949-5189 i ; CHAMBER CO-HOSTS VAH, CANDIDATE 'FORUAi AVON (AVON, CO...October 1, 1999), The Chaniber of Come rce Daily Trail, Vail Daily ahd Vail Symposium are jointly hosting a Vail Town Council Candidate Fonun ARROWHEAD -on MondeY, ~ October I e fro • m 7:00 to 8:30 p.m, at the Vail Town Council Chambers. ' With no council seats open for the ToWn of Avon this year and no major ballot issues BEAvu cRErx for the eouhtY, the outcome of the Vail Municipal Election will gold a great' deal of , impact for'Vail's future. ` + Terms expiring on the Vail Council include Mike Jewett, Kevin Foley, Bob Armour CO~DrI,r ERA (four years), Michael Arnett (two-year te=) and Rob Ford who announced his resignation earlier this year. )EAGLE-vAlt For c information about the Forum, contact the Chamber of Commerce at 949-5189. ' EDWARDS I 1W1NTURN VAIL WOLCOT:r PgSr (?MCE BOX 1437 . Avow, COLOR W 81620 (9701 949-5189 • PAX (970) 949-4385 E-Mpil: chamberQvail,net • http: //Wwwvail.net/charhber• SEP-30-99 THU 15:34 000000000000000000000000 9709494385 P_04 ' CHAMBER, Of C;p'Mmerce - , News Release ~ September 29, 1999 Coutact: , Jen Brown, 9495189 Beth Slifer, 926-800 Craig Struve; 479-0800 AVON It's Custo>npter Satisfaction! f Chamber Sponsors Publid Forum ARROWHEAD (Avon, CO...) The Chamber of Commerce Serving the Vail,Valley.is hbsting a brown r ; bag lunch and 'public Forum on Friday, --October 8 from .noon-1: 10 ,p.m, at. i LiQnsquare Lodge in the Wildwood conferefice room. The purppse of the event is to ; BEAVER CREEK provide a community dialogue about imprbving the perceptions and reality of Vail in the minds of our winter guests, CORDILLERA 'Charnbef board 'miember Craig Struve will facilitate the discussion and briefly review ; ' survey results that were revealed last January at the Chamber's Community Meeting held at, Gatlon's. The focus ofOctolier's discussion will be on winter i'provements ~Gl~-VAIL and how customer -vbtisfactio?f dictates -the succes's' of our businesses and our f economy. Regardless of;tbe industry or business any of us are in, we all drpend on ' " EgwARDS the success ofour ski areas to kenerate revenue for our locA1 businesses. We, the eommunity, are the. only ones who` call enhance a guest's expenence and provide ; { incentive for thm,tb return. We are too"pries who co create' a positive experience r ~ .,and have a direct im aot on the guest's perceptions of Vail: r tvmaruRN The Oars ber encourages eveiybne to join us for this town reheat'meeting and- come ` armed with your ideas and enthusiasm. Bring a brown bag lunch and the Chamber is VAIL providing sodas, water and coffee. For morg informa Pion please contact'the Chamber r J, at 949-518.9. ' WOLCOTP 1 , Posr On rb Wx 1434 Avgrl, C=ItAnb 81620 (970)'449-W9 FAX (970) 4494385 - r , 'VM4 diamb&Wall.net rttp: //www.vail.nethhamber . I CHAMBER*JSINESS AFTER HOURS 1V~I + R SET FOA OCT01ER 20 AVON . I (AvoN, CO)...August 3,1999.._ -Thus month's Chamber of Commerce Business ARRO"aMAD After Hours Mixer will be beld at the Vail Daily Building in Eagle-Vail (Highway 6) , from 5:30 to 7.30 p.roE. Qn Wedngsday, August 19tk The Mixer is being'co-hosted by ` the Vail Daily, Brill tsurance and Skin Deep. , BEAVER CRE~u Come 'Teet Chamber Members and their guests and ' j~arl3 more about the tccrific benefits the Chamber has to offer. Light appetizerp and beverages are starved. For CORDILLERA more information'oease call (970) 949-5189. EAGLE-VAIL EDWARDS ' I I ' / ~ I ~ 14111~iNIiN ' VAIL r y I 1 - ftT OFws Box 1437 AVON, COLORADO 816M (97Q) 949-5189 - Fax (970) 949-4385 E-Mall: chaw*e aitnut 0 hitp: //Ww~vvag-net/chamber Printed by Pam Brandmeyer ' 9/27/99 6:02pm X C~ ~Q11~t From: Elaine Turnbull CONFIRMED To: EVERYONE GROUP Subject: YAHOO! THE PARTY IS AT VENDETTA'S!!! ===NOTE====------=====9/27/99==5:llpm== Wow... Vendetta's offered us a~~ fantastic fare for the 5-year employee ~I dinner... plan on bringing your , `'IIA significant other and/or buddy/pal to ~•30 Yet. Vendetta's on October 28 to break bread with those wonderful DYNAMIC DOZEN who have made the 5-year mark this year! The way this works is: TOV pays for dinner for the 5-year honorees and their spouses/SO, also pays for dinner for each TOV employee. You only have to pay for your spouse/significant other/friend/whatever. Cost: $10.00. This is a SIT-DOWN dinner (they don't want their pasta to get "limp" in a buffet line - how professional!), and you will get salad, bread, a choice of: Penne a la Vodka (with scallops) Lasagne Smoked chicken pasta and tiramisu (sp?).for dessert, and iced tea and/or hot tea and/or coffee. What a nice time! Now, of course, .1 will need RSVP's for such a special evening... so start talking to your pals now to see if you can come. I will get an invitation/menu out to each of you soon - very soon, so you can make your selections and get back to me a.s.a.p. Just wanted to let you know that all systems are go!!! - - Page: 1 .9~5~fr..~. , ~ -rr,i-, 1'•1:-.5 The Daffy, Tuesday, September 2a, 1999- Page 89 ' oet'•~ r .R,t. kill, Y2K bug concern for touri st towns By Elizabeth Mattern f; 77 """------Daily Sratt Writer ' VAIL - Perhaps no area needs a to be more prepared for the year 2000 than a ski resort town that swells to seven times its year-round size over the New Year holiday. Anticipating roughly 30,000 peo- ple to be in Vail at any given time , duri ng the winter holiday period, the s S. ;?i, n ' i : ~i• f - Vail Town Council is considering making arrangements to help offset r \e zt~ ` , ii r 4 any system glitches that might affect ? • r , the town during the turn of the new millennium. Today at its 2 p.m. work session, j1 d v the council will look at funding mea- $ ; R sores to prepare for Y2K. • "We realize that if the power goes ;r,.'„ ,I~ out, we can't provide shelter for the t entire community, especially includ- ing all the people at the lodging facil- : C ities," said Suzanne Silverthom, the Town of Vail's community infonna- lion officer. r6 "But the question that the council t laces is whether they want to provide' _ some shelter for those that are in dire need,.,~~. Y2K, also called the millennium hug. refers to an outdated two-digit l coding mechanism in many comput- as M = cis that could make them unable to w C understand the year 2000. To save memory space, programmers used the last two digits to encode years, making 2000 read the same as 1900. Despite international interest in solv- ing the problem, many fear the year g'I 2000 could cause system break- t downs in areas such as transporta- tion, utilities and banking. ~tt• The town staff is reconuncnding the Vail Town Council provide at least $10,000 for Y2K preparedness :v b n , g Sup measures. The fundin would . - port back-up heat and lighting for police and bus services. ~ _ _ _ - ~,y~-"~~,,1"" ' r Further funding of up to n r Daily file photo $192,000, if approved, could pay for Vail's population typically swells to about 30,000 over the New Year holiday. shelter space with power generators for families at the 2,500-person- emergency. capacity Dobson Ice Arena-Vail's "We can't depend upon outside period at the end of the year - largest pact facility. The county government has taken resources, meaning federal or state meaning they should have a 72-hour That money would pay for a gem- the lead in getting the area prepared resources, because this is going to be supply of food, potable water, alter- ernT tor, 9,000 h t money meals and 3,000 age sleep- for Y2K and has arranged for warm- a global event," Fedrizzi said. native heating, lighting, cooking and ing shelters at Battle Mountain High `"therefore we need to be self-suffi- refrigeration sources. ing pads and blankets. School and Eagle Valley High cient throughout the county. Individ- "We're not saying Y2K is the big Jeff Fedrizzi, Eagle County emer- School. Each shelter will accommo- uals, towns and businesses need to event. This is an opportunity to get gency management coordinator, date about 400 people, and the coon- be prepared for this" our community aware of emergency looks at Y2K as an excuse for the ty has outlined a $250,000 budget Fedtzzi encourages people to preparedness in general," he said. community to get prepared for any for shelter operation. prepare for a 72-hour emergency "Anything can affect us at any time." Senate panel predicts local disruptions, no disasters WASHINGTON - The Sen- It said doctors' offices, school for smaller businesses and public about the thousands of physicians' ate's Y2K panel, in its final report systems, local government functions functions that haven't had the money offices, nursing homes, inner-city before the dawning of the new year such as 911 services and small busi- or technical ability to fix their com- and rural hospitals and some bio- 100 days from now, predicted last nesses are the most vulnerable to puters, the report said. medical devices. week the nation will escape nation- computer breakdowns. Dodd said It noted that Y2K has been com- ¦ The telecommunications wide crises from computer failures there was concern that some states pared to a winter storm, and that peo- industry has spent billions to ensure bill individual Americans can expecf are not yet ready to handle Medicaid ple have been told to make similar smooth service, but lagging Y2K some inconveniences. - claims that the nation's poorer citi- kinds of preparations. readiness in some small domestic "This is sort of a fender-bender, zens depend on. The problems could come from carriers could affect services in rural we don't see any major wrecks Overseas, where many countries older computer systems that use only communities. here," Sen. Christopher' Dodd ,of have lagged behind in fixing com- two digits to designate years. They ¦ Air traffic control systems Connecticut, ranking Democrat on paters, the situation "will certainly could thus mistake the year 2000, or should function without trouble, but die Y2K panel, said at the release of be more tumultuous." "00," as 1900, causing malfunc- some of the nation's 670 airports are the 228-page report. The Senate report, the result of lions or breakdowns. Disruptions from computer fail- nearly 30 hearings b the at risk to areas such as jetway se Y by panel, Specifically, the report conclud- rity systems and runway lighting. . arcs, concurred Sen. Robert Bennett, emphasized that national prepara- ed: R-Utah, chairman of the panel, "will lions have gone well - that federal ¦ A prolonged nationwide power ATM machinessw ll wok and banks not occur across the nation. They agencies are ready, air traffic control blackout will almost certainly not will have money on hand if, as esti- will occur across the street." systems are fixed, nationwide power occur, but local and regional outages mated, each American household The report stressed that while grids will work, banks will have "remain a distinct possibility." withdraws an average of $500. problems will be mostly localized, plenty of money and Medicare ¦Large-scale hospitals and phar- ¦ The federal government will "disruptions will occur and in health claim payments should go out maceuticaf manufacturers have spend more than $8 billion to fix its some cases those disruptions will on schedule. made considerable investments to fix computer networks. be significant." The prospects are less predictable Y2K problems, but concerns remain The Associated Press _ A C ' WU.Lt.RJ~ SEP-29-99 WED 10:24 000000000000000000000000 9709494385 P_01 Th ER CSI 0f Cnimeree Septelmber 29, 1999 j Mews Release , Contact: jell Brown, 949-5189. Beth Slifer, 926-8700 Craig Struve, 479-0800 AVON i ft's Cu§tomer Satisfaction! Chamber $ppnsor9 ]Public Forum AMOWHMO ` (Avon, CO,..) The Chamber of Commerce perving the Vail.Valley is hosting a brown bag lunch and public forum on Friday, October 8' frozl4 noozl-1: 30 p.m. at BEAVER CREEK Lionsquare ®Lodge in the Wildwood conferefice room. The purppn of the event is to provide a community, dialogue about improving the perceptions artd rea~ityof Vail in b the tninds of our winter guests, CORD)1.UiRA Chamber board membu Craig Struve will facilitate the discussion and, briefly review survey results that were revealed last January at the Chamber's Community Meeting -held at Oarton's. The focus of Oct4er's discussion will be on winter improvements Ercl,a-, and how customer satisfaction dictates .the • success' pf our businesses and our economy. regardless of the industry of business any of us, are in, we all depend` on ' the success of our ski areas to gexaerate reyenue -for our local businesses. We, -the EDWARDS community, are the only ones who' can enhance a guest's experience and provide } 0ceuOve for them to return. We are t4c'~un6s who can create a positive experience and have a direct impact on thb guest'* perceptions of Vail, MZffLMN j , The Chamber encourages everyone to join us for this town retyeat meeting and come li armed with your, ideas'and enthusiasm: Bring a brown bag lunch and the Chamber is van providing sodas, watei and coffee. For motg information please contact the Chamber , ' at 949-5189. % WOLCOTt POR OM a Box 1437 AvgN, Cowmub 81620 (970) 949-5189 • FAX (970) 149-4385 ~ 1l-Mail: chamberevail.net • tarp: //www.vaiblat/chamber At TOWN O WAIL 75 South Frontage Road Vail, Colorado 81657 970-479-2100 FAX 970-479-2157 FOR IMMEDIATE RELEASE September 28, 1999 Contact: Bob McLaurin, 479-2105 John Gulick, 479-2253 Vail Town Manager Vail Fire Chief GULICK PROMOTED TO VAIL FIRE CHIEF AFTER SERVING 3 MONTHS AS ACTING CHIEF, 17 YEARS AS ASSISTANT CHIEF (Vail)--John Gulick, a 23-year veteran of the Vail Fire Department, serving 17 years as Assistant Chief, has been promoted to the rank of Fire Chief by Town Manager Bob McLaurin. Gulick, 46, had been serving as Acting Chief following the retirement of Dick Duran in July. Duran had held the department's top post for 18 years. As Chief, Gulick will manage a $1.2 million budget and a staff of 15 within the department's two divisions: fire prevention and fire suppression. In addition, Gulick will oversee the department's student-resident training program which offers on-the-job experience and housing for up to 14 trainees per year. The fire students provide the department with the additional personnel needed to combat structural fires, wildland fires and to respond to hazardous materials incidents as well as vehicular accidents along 1-70. Gulick also will coordinate planning for an expanded fire station budgeted for design in 2000 with construction planned for the yet-unnamed site in 2001. Gulick's appointment is effective immediately. In making the announcement, McLaurin praised Gulick for his excellent technical firefighting skills as well as his exceptional interpersonal skills. "Not only will John be an effective leader of the Fire Department, he is going to be an integral part of the town's senior executive team," McLaurin said. "His compassion and commitment are contagious." (more) RECYCLEDPAPER t Add 1/Gulick Named Vail Fire Chief A former wildland firefighter with the U.S. Forest Service, Gulick came to Vail in 1973 and signed up with Vail's Fire Protection District as a volunteer firefighter. Three years later, Gulick was hired as a full-time firefighter by the district, which later became the Vail Fire Department. From 1974 to 1977, Gulick was promoted from firefighter to fire engineer and then to lieutenant. He also earned a captain's position after completing a dual degree in fire protection technology from Red Rocks College in Denver. Gulick was appointed Assistant Fire Chief in 1982. He holds an Associate in Applied Science degree from Colorado Mountain College's fire science technology program and is a recent graduate of the National Fire Academy's four-year executive fire officer program based in Emmitsburg, Maryland. Gulick says he welcomes the appointment and looks forward to the challenges ahead. He credits retired Chief Dick Duran for helping to lay the framework for a smooth transition. "Dick worked closely with me to assure that I was prepared to lead this department into the next century," Gulick said. "Some of the challenges ahead include working with the architect and consultant on our proposed new fire station facility. I also see this department as community- based and customer-focused, where we reach out to help more often." Gulick says that outreach begins with the schools, then moves to the hotels and commercial properties in which the message of fire safety will be the department's number-one priority. He says he also envisions the department playing an expanded role of mutual cooperation with all emergency services throughout Eagle County. Gulick says an evaluation and reorganization of the department will take place in the coming weeks. Earlier this summer, Gulick won accolades from his peers for a presentation he gave to members of the national Firehouse Emergency Services Expo in Baltimore, Maryland. His presentation focused on lessons learned during the 1998 Vail Mountain fires and was judged (more) r s Add 2/Gulick Named Vail Fire Chief one of the top three presentations out of 60 programs. Over the past 25 years, Gulick has worked for four previous fire chiefs in Vail: Fran Bush, Mike Carlisle, Gordon Swanson and Dick Duran. Gulick lives in Eagle with wife Audrey and their two daughters, Alisandra, 9, and Raina, 7. Gulick is one of three senior managers to receive promotions from within the Town of Vail organization during Bob McLaurin's tenure as Town Manager. Earlier in the summer, Greg Hall was promoted from Town Engineer to Public Works/Transportation Director/Town Engineer, while Russell Forrest was promoted from Senior Environmental Policy Planner to Community Development Director in 1998. At TOWN OF VAIL 75 South Frontage Road Vail, Colorado 81657 970-479-2100 FAX 970-479-2157 MEDIA ADVISORY September 29, 1999 Contact: Suzanne Silverthorn, 479-2115 Community Information Officer VAIL TOWN COUNCIL HIGHLIGHTS FOR SEPTEMBER 28 Work Session Briefs Council members present: Armour, Arnett, Foley, Jewett, Kurz, Navas --PEC Report During a review of Monday's meeting of the Planning and Environmental Commission (PEC), the Council inquired about the status of the Vail Plaza Hotel redevelopment proposal. Monday's PEC discussion focused on the percentage of employee housing units to be required by the town. Next steps in the Vail Plaza Hotel review process include reviews by the Design Review Board, PEC and ultimately the Vail Town Council. For more information, contact George Ruther in the Community Development Department at 479-2145. --Berry Creek Fifth In an attempt to break a stalemate between the Town of Vail (60 percent ownership) and its Berry Creek Fifth Filing partners (40 percent ownership) regarding Eagle County's $2 million offer to purchase the property, the Council heard a proposal from Rick MacCutcheon, chairman of the Eagle County Recreation Authority. Acknowledging the authority's approval of the sale of 5.5 acres of the 105 acre parcel to the Upper Eagle Regional Water Authority for $495,000, as well as the Town of Vail's interest in creation of affordable housing on a portion of the property, MacCutcheon proposed consideration of a counter-offer to the Eagle County bid as follows: • apply Eagle County's $2 million purchase price to retire the debt of the remaining partners • use the $495,000 in proceeds from the sale of land to the Water Authority to help fund recreational uses on the remainder of the property (instead of reimbursing the partners based on percentage of ownership as the Town of Vail had originally proposed) • enable the Town of Vail to enter into a contract to purchase the parcel's affordable housing component, 16 acres for $500,000, contingent upon county zoning of a minimum of 160 units (instead of retaining the 45%-55% unit control as originally proposed by the Town of Vail) The proposal, MacCutcheon said, would enable Vail to sell the affordable housing acreage to the Lake Creek Affordable Housing Corporation which has expressed interest in acquiring the land, providing a "win-win" for all parties involved. During discussion, Council reaction was mixed regarding possible approaches, although all agreed retention of an affordable housing component is essential. Because the town would be unable to predict the outcome of the county's density and zoning process, Town Attorney Tom Moorhead suggested the Council may (more) S~~ RECYCLEDPAPER Add1/TOV Council Highlights/9-28-99 wish to remain involved in the project if the town's priority is to see affordable housing units allocated to Vail. In that case, he said it would take time for land exchanges to occur between the authority and the school district as well as zoning and other issues. Following the public session discussion, the Council convened in executive session to determine a course of action for the next meeting of the Eagle County Recreation Authority, which is scheduled for 9 a.m. Oct 1. Ludwig Kurz will represent the Town Council's position at the meeting. For more information, contact Tom Moorhead at 479-2107. --Other/Election Matters Councilman Michael Jewett asked for clarification regarding the timing of Council's approval of the lodging tax/local marketing district ballot issue and the Tabor requirements for submission of pro-con statements. Town Attorney Tom Moorhead indicated the state provision had been met. Also, Jewett asked for clarification regarding a personal financial disclosure form which has been included in the Vail Town Council candidate packets issued by the Vail Town Clerk's Office and supplied by the Secretary of State's Office as part of the Fair Campaign Practices Act. Town Clerk Lorelei Donaldson explained the financial disclosure form applies to district court judges and above, but not to town council members. Jewett asked that potential Vail town council candidates be notified in writing for clarification. Assistant Town Manager Pam Brandmeyer stated that every individual who picked up a packet would be notified by phone in person and in the event a phone contact could not be made, a letter of explanation will be posted on the home residence. --Final Review of Capital, RETT and Operating Budgets In preparation for first reading of the town's 2000 budget on Oct. 5, the Council reviewed the 5- year schedule for projects funded by the capital and Real Estate Transfer Tax (RETT) funds and made the following adjustments to a work sheet presented Sept. 14: • moved a $225,000 capital project for remodel of the Vail Public Library community room and former Vail Recreation District space in the building's basement from 2001 to 2000 • retained a $250,000 capital project to relocate the Library community. room to the Bright Horizons space at Vail Commons in 2000 contingent on a satisfactory lease agreement with City Market • moved a $500,000 capital project for medians along South Frontage Road from 2000 to 2001 For more information, contact Finance Director Steve Thompson at 479-2116. --Review of 1999 Core Area Parking Analysis The Council reviewed a parking generation analysis for Vail Village and Lionshead that incorporates external factors such as hourly variations in business activity and other factors into the mix of supply and demand. Currently, town parking regulations do not account for the external factors and assess parking requirements strictly by land use type and square footage. As a result, the consulting firm of Felsburg, Holt & Ulevig recommends using requirement formulas that will net a total of 2,897 spaces for the core areas, many of which are supplied through a parking-pay-in-lieu program, rather than the 4,723 spaces created by the current parking requirements. The consultant then suggested decreases in the calculation of residential, retail, office and bank/finance land uses and an increase in the calculation for restaurant uses based on national standards and the local parking generation analysis. Councilmembers asked numerous questions about the reliability and practicality of statistics used to formulate the recommendation. Also yesterday, Kaye Ferry of the Vail Village (more) Add 2/TOV Council Highlights/9-28-99 Merchants Association questioned why parking impacts caused by guests accessing Vail Mountain weren't part of the parking equation. She said it is unfair for Vail businesses to carry the full load without Vail Resorts paying its fair share. Most Councilmembers said they agreed. Also yesterday, Jim Lamont of the East Village Homeowner Association raised questions about how the town would handle potential decreases in the formula. Next steps in the process include additional detailed studies and an evaluation of the town's parking pay-in-lieu program. For more information, contact Brent Wilson in the Community Development Department at 479- 2140. --Y2K Preparedness After reviewing a staff memo on Y2K preparedness, the Council agreed to spend up to $10,000 for generators and other equipment to maintain heat and electricity to the Vail Communications Dispatch Center and the east end of the Public Works Shops (fueling and fleet maintenance). Rather than allocate dollars for a third warming shelter (Eagle County will have 2), Councilmembers asked to spread the word on a self-preparedness plan. For more information, contact Commander Joe Russell in the Vail Police Department at 479-2329. --Information Update Councilmembers received an update on a complaint from a citizen who said the Police Department is too zealous in its enforcement of traffic codes during the off-season. Police Commander Joe Russell said the department's service delivery policy is to be friendly and helpful to locals. Results of the community survey are reflective of that, he said. Councilmembers said they were satisfied with the department's approach. Following updates from Public Works Director Greg Hall, the Council agreed to leave the lower bench of Donovan Park as-is (rather than re-seed and remove thistles as suggested by a neighbor) due to the soon-to-be expected snowfall and the potential spring 2000 ground breaking for community facilities. The situation will be re-evaluated in the spring. Also yesterday, Hall indicated the 1-70 bypass at the Main Vail roundabout would be completed soon and that ribbon cuttings (as suggested by Michael Jewett) haven't traditionally been used for Vail projects. In addition, Hall said the Lionsridge Loop street project would be wrapped up by Oct. 15. As a follow up to a question from last week's meeting, he said placement of a park bench funded by the Dancing Bear would be concluded soon. Councilmembers received an invitation to attend the town's 5-year employee recognition dinner on Oct. 28 in which 12 employees will be honored. Sybill Navas inquired about the status of the loading and delivery study (coming soon) as well as installation of the skier sculpture (planning is underway). Also yesterday, the Council received an update from Greg Hall on the status of the town's interest in relocating Checkpoint Charlie, which is tied to the Lodge at Vail redevelopment. In addition, Hall received approval to proceed with a $200,000 project funded in 1999 with Real Estate Transfer Tax monies to raise the Manor Vail bridge as part of the Ford Park Management Plan. Ludwig Kurz noted the sod area in Slifer Park near the 10th Mountain Division sculpture is worn out and possibly needs a change in its surface. Sybill Navas, who represents the Council on the Art In Public Places Board, said the board had been waiting to see how people access the (more) A Add Wail Town Council Highlights/9-28-99 sculpture before creating a more permanent surface. It was noted that dinner with officials from Mammoth Lakes, Calif., would take place Thursday at 6 p.m. --Council Reports Sybill Navas reported on a recent meeting of the Northwest Colorado Council of Governments in which a legislative update from Colorado Municipal League was given. Navas also clarified a question with Town Attorney Tom Moorhead regarding vested rights legislation. Michael Jewett shared a letter he received from Bruce Gillie, a representative of the Lodging Quality Initiative, regarding Council's denial of the group's funding request for 2000. UPCOMING DISCUSSION TOPICS October 5 Work Session Clarification and Potential Changes to the Town of Vail Employee Housing Guidelines Employee Housing Unit Residential Zoning Amendments Discussion Off-Street Parking Deannexation Ordinance FY 2000 Budget Discussion October 5 Evening Meeting Review of Youth Recognition Award Winners' Trip to Australia First Reading, FY 2000 Budget First Reading, Pension Plan Amendment First Reading, Pension Plan Amendment for Police and Fire First Reading, Supplemental Appropriation First Reading, Deannexation Second Reading, Public Accommodation Zone District Amendments October 12 Work Session PEC/DRB Report E-911 Board Presentation # # # SEP.29.1999 9:35AM i N0.7911 P. 1/4 i X0_ : TC Va g NE'iWs RELEASE Media Contacts: FOR IMMEDIATE RELEASE Kristin Yantis, (970) 479-3001, laistin@vailresorts.com: Paul Witt, (970) 845-5720, paulw@vailresorts.com VAIL ANNOUNCES "BLUE SKY BASIN" EXPAN;;YON TO OPEN THIS SEASON > Category III Area Named Blue Sky Basin ? Vail Expansion to Open Jan. 6, 2000 ? Three New Nigh Speed Quad Chairlifts To Open Th;s Season As Part of Expansion ? Grand Opening Kicks Off Star-Studded Charity Weekend VAIL, Colo. - Sept. 29, 1999 - Vail Resorts today annou'etced construction in the Category III ski area expansion has progressed sufficiently to allow the in-,sort to open three-fifths of the 885 acres of new terrain to skiers and snowboarders during the 19SP-2000 season. In addition, three of the four new high-speed quad chairlifts planned for the expa anion also will open this season. The expansion area, formerly known as Category III, now wi 11 be called Blue Sky Basin - a name inspired by Colorado's brilliant blue skies. The official g'"and opening of the new area is scheduled for Jan. 6, 2000. "Our crews have been working very hard throughout the summer. We stuck close to our- schedules and we also got a little lucky that some things gave gone better than anticipated," said Andy Daly, president of Vail Resorts. "Opening Blue Stir Basin is an exciting event as we usher in a new millennium of skiing on Vail Mountain. This nqrw area will bring adventure skiing and snowboarding in bounds, providing a true wilderness experience for intermediate and advanced skiers and riders. It's skiing and snowboarding unlike anything else found at Vail." Blue Sky Basin is located to the south of Vail Mountain's Back Bowls, on the south side of the Two Elk Creek. The area was apart of Vail's initial master plan developed by Vail founder Pete Seibert in 1962. Construction of the new area began in O(:tober 1998 and after the winter recommenced on July 1, 1999. -more- Post Office Box 7 • Vail, Colorado 81658 ? 137 Benchmark Road' ? Avon, Co 81620 VA, RESORTS- SEP.29.1999 9:36AM NO. 7911 P. 2/4 BLUE SKY BASIN 2-2-2 The area includes gladed and naturally open terrain, as 1 (ell as conventional trails in Pete's Bowl and Earl's Bowl. Facilities, amenities and services avail able to skiers and snowboarders this season include: ? 520 acres of terrain, or nearly 60 percent of the total project. ? 73 percent intermediate and 27 percent advanced ter. •ain. Two high-speed quad chairlifts. The first high-speed quad will run from the bottom of Tea Cup Bowl up the ridge between Pete's Bowl and Ear's Bowl providing the main access to terrain in the area. The second high-speed quad will un up the east side of Pete's Bowl where skiers and riders can access acres upon acres of glade rd terrain. Y A third high-speed quad chairlift, the Tea Cup Expre ss, has been built in Tea Cup Bowl to provide better skier circulation to the west wall of Cl dna Bowl and access from the bottom of Blue Sky Basin back to the front side of Vail Mountain. ? A warming hut, ski patrol outpost and restroom facilities will be located at the top of the ridge between Pete's and Earl's bowls, near the tops c f the chairlifts. This vantage point provides some of the most spectacular views at Vail, including Mount of the Holy Cross. When the project is complete it will offer 885 acres of terrain, a fourth high-speed quad chairlif, picnic decks and more. The remaining terrain will open t) skiers and snowboarders during the 2000-2001 season, "Opening Blue Sky Basin is a major event not only in Vail's history, but also in that of skiing in North America," said Adam Aron, chairman and chief executive officer for Vail Resorts. "It's important because this area is different. We've given it a unique identity through signage, structures and trail development. The skiing and snowbo arding experiences are unmatched by any other in ski country with incredible powder found on the north-facing slopes of Pete's Bowl and Earl's Bowl, as well as a trail network that takes advantage of the natural glading already in the area. This creates an experience similar to that found out of bounds, yet guests still have the service and world-class amenities they've come to expect at Vail." -more- SEP. 29. 1999 9:36AM NO. 7911 P. 3/4 BLUE SKY BASIN 3-3-3 Although the area will feature gladed, tree skiing, it will. also provide guests with a number of groomed trails, making it more attractive to intermediaW skiers and snowboarders. To help create the feel of the wilderness, buildings, bridges, lift structures and other facilities in Blue Sky Basin were designed using materials and styles; similar to what might have been used in the 1800s when settlers first came to the area. Rock, wan wood, asymmetrical designs and rusted tin roofs are used on the lift houses, warming hut, restrooms and ski patrol outpost to minimize the visual impact on the area and to differentiate the experience from any other ski resort. Blue Sky Basin "Blue Sky Basin is a name inspired by our guests," comr-iented Aron. "When people visit Vail, they marvel that the sky seems bigger, deeper, bluer and more spectacular than it does elsewhere." Since its inception, Vail has used the blue sky as an important element of its identity. The resort's first logo was blue, black and white - blue for the sky, black for the exposed rock of the mountain peaks and white for the snow. The two other to.,sores used in the new area - pete.'s Bowl and Earl's Bowl - were developed to pay tribute to Pete Seibert and Earl Eaton who founded the ski area in 1962. Vail 2000 Celebri Sorts Invitational The opening of Blue Sky Basin kicks off a weekend-long celebration that features star-studded celebrity activities and ski races during the Vail 2000 Spt;rts Invitational Ian. 6-9, 2000. Celebrities from the worlds of entertainment and business are expected to attend this benefit for the Water Keeper Alliance, a non-profit organization established by Robert F_ Kennedy Jr. dedicated to protecting community ecosystems. -more- SEP.29.1999 9:37AM N0.7911 P. 4/4 BLUE SKY BASIN 4-4-4 Three local organizations also will benefit from the wee tend: Bravo! Colorado, the Vail Valley International Dance Festival; and the Steadman-Hawkins Sports Medicine Foundation. The general public will be able to watch the stars partici)ate in a variety of events surrounding the fundraiser such as a broomball tournament and tubing at Adventure Ridge and ski races at Vail'9 Golden Peak. Tickets also will be available for ths Saturday night gala fundraiser. Vail Resorts is the premier mountain resort operator in I%rorth ,America, operating the Colorado resorts of Vail, Beaver Creek, Breckenridge and Keystone, as well as the Grand Teton Lodge Company, located in Jackson, Wyoming, Statements in this press rctease, other than atatemente of historical information, arc ft Mard looking statements that are nmde pursuant to the safe harbor provisions of the Private Securides Litigadon Reform Act of 1995. Such forv ard4ooking statements anc subject to certain risks and uncerrainties that could cause actual results to differ materially from tbo&c projected. Readers are cautioned not to place undue reliance on these forward4ooking statements which speak only as of the date hereof. Such risks and u tcertaindes include, butane not limited to, general busineas and economic conditions; competitive fachors in the ski and resort industry; and the v eather. Investors are also directed to other risks discussed in documents filed by the Company with the Securities and Exchange Commission. 10/04/99 16:25 12940 725 5594 GUNN OIL COMPANY 0 002 OFFICE 940 761.2407 800 679-9916 e I I SIXTH STREET FAX 940 723-S5B4 WICHITA FALLS, TEXAS T63l01 R13BERT D. GUNN PETROLEUM GEOLOGIST ~'C' K .rid P. O. Box 0000 WICHIT^rALL9,TrcxAB 76307 c October 4, 1999 Mayor Ford and Town council members Town of Vail 75 South Frontage Road Vail, Colorado 91657 Dear Mayor Ford and Town Council Members: As a property owner effected by the Faessler public Accommodation Zone District amendment, we object to the passage of this ordinance in its present form and to the procedures being used for its consideration. It is our position that the magnitude of changes being proposed by the Faessler amendment should be considered within the context of the Vail Village Master Plan. Deviations from or changes to the plan, including the imposition of design standards, must be amended to the Master Plan after first being adequately addressed and subject to timely public comment and review. We further object to the degree of increase in residential and commercial densities, the potential for store, front retail uses and the expansion of commercial uses in established residential neighborhoods, the use of impact fees to finance improvements which are prohibited by covenant on stream tract land. It is our desire that issues regarding parking, loading and delivery, traffic congestion, architectural design standards, employee housing, associated public improvements and the location of on- street retail commercial be carefully considered within the context of the Vail Village Master plan. prior to the adoption of these or similar amendments. We request the Town Council to reject the amendment on second reading. Sincerely, I Robert D. G RDG/1 Sent by: HPB ASSOCIATES 212 664 0990; 10/04/99 3:47PM; tFa: #388;Page 2/2 YC . ~ HOWARD BERKOWITZ October 4, 1999 Mayor Ford and Town Council Members Town of Vail 75 South Frontage Road Vail, CO 81657 Dear Mayor Ford and Town Council Members: As a property owner effected by the Faessler Public Accommodation Zone District amendment, we object to the passage of this ordinance in its present form and to the procedures being used for its consideration. It is our position that the magnitude of changes being proposed by the Faessler amendment should be considered within the context of the Vail Village Master Plan. Deviations from or changes to the plan, including the imposition of design standards, must be amended to the Master Plan after first being adequately addressed and subject to timely public comment and review. We further object to the degree of increase in residential and commercial densities, the potential for store front retail uses and the expansion of commercial uses in established residential neighborhoods, the use of impact fees to finance improvements which are prohibited by covenant on stream tract land. It is our desire that issues regarding parking, loading and delivery, traffic congestion, architectural design standards, employee housing, associated public improvements and the location of on-street retail commercial. be carefully considered within the context of the Vail Village Master Plan prior to the adoption of these or similar amendments. We request the Town Council to reject the amendment on second reading. incerely, Howard and Ju th Ber owitz 315 Mill Creek Circle Vail, CO 81657 HPB:sf cc: fast Village Homeowners Association, Inc. 11 TOWN OF VAIL 75 South Frontage Road Vail, Colorado 81657 970-479-2100 FAX 970-479-2157 MEDIA ADVISORY October 1, 1999 Contact: Lorelei Donaldson, 479-2136 Vail Town Clerk VAIL TOWN COUNCIL CANDIDATE FIELD SET FOR NOV. 2 ELECTION Twelve candidates have filed to run for the five open Vail Town Council seats in the Nov. 2 election. Vail's election also will include a 1.4 percent lodging tax question as well as a question on formation of a Vail Local Marketing District. Today (5 p.m. 10-1) was the deadline for council candidates to submit nominating petitions containing the names of 10 or more valid signatures from registered Vail voters. The field of council candidates, pending certification on Monday by Vail Town Clerk Lorelei Donaldson, is as follows (in alphabetical order): Michael Arnett* Chas Bernhardt Dick Cleveland Diana Donovan Kevin Foley* Tom Gargan Harry Gray Carol Hymers Greg Moffet Chuck Ogilby Rod Slifer Tom Steinberg *incumbent Lots will be drawn at 9 a.m. Oct. 11 in the Vail Municipal Building to determine ballot position. The election will fill five of the town's seven council positions. Those seats are currently held by Bob Armour, Michael Arnett, Kevin Foley and Michael Jewett. A fifth member will be selected to fill the unexpired term of Rob Ford, who has resigned at mid-term. Only Kevin Foley and Michael Arnett are running for re-election. In all, a total of 15 people requested nominating petitions; 3 of the 15 did not return petitions. Vail's Nov. 2 election will take place at the polls, while the Eagle County coordinated election will be a mail ballot. The at-the-polls voting will take place at the Vail Municipal Building. ~ow RECYCLED PAPER Vail Town Council elections are nonpartisan. The top 3 vote-getters will receive 4-year terms; the fourth and fifth highest vote-getters will receive a 2-year term, one of whom will finish out Ford's unexpired 4-year term. Also on the Nov. 2 Town of Vail regular municipal election ballot will be the following questions: Question No. 1 Shall the Vail Local Marketing District be established within the legal boundaries of the Town of Vail? Question No. 2 Shall Vail Local Marketing District taxes be increased up to $1.725 million annually in the first full fiscal year, and by whatever additional amounts are raised annually thereafter, from a new marketing and promotion tax on the purchase price paid or charged to persons for rooms or accommodations pursuant to section 29-25-112, C.R.S., as amended, at a rate not to exceed 1.4%, to provide revenue for organizing and operating the district and furnishing services; and effective as of January 1, 2000, shall the proceeds of such taxes, investment income thereon, and all other revenue received from any source constitute voter approved revenue changes and be collected and spent by the district each year without regard to any spending, revenue raising, or other limitation contained within Article X, Section 20 of the Colorado Constitution or any other law? Vail voters have until Oct. 4 to register to vote or establish residency for the election. Early voting begins Oct. 21. In the 1997 election, 379 votes were cast, or about 12 percent of the 3,266 registered voters. In that election, Rob Ford, Ludwig Kurz and Sybill Navas were elected to four-year terms, while Michael Arnett was elected to a two-year term. Y, 10/04/1999 15:39 612-404-0805 JANE R BLANCH PAGE 01 JANE ROBERTSON BLANCH TEL: 612- 475-3623 FAX: 612-404-0805 FACSIMILE TRANSMITTAL SHEET To:MAYOR FORD de TOWN PROM: COUNCIL MEMBERS Jane Blanch - Edehreiss HameOwner 103 Willow Place, #406 (Part time resident) COMPANY: DATE: 10/04/99 PAX NUMBER: TOTAL NO. OF PAGES INCLUDING COVER: 970479.2157 PHONE NUMBER: RE: Faessler Public Accommodation Zone District Amendment ? URGENT ? FOR REVIEW Q PLEASB COMMENT ? PLEASE REPLY ? PLEASE RECYCLE NOTES/COMMENTS: I object to the passage of this ordinance in its current form and to the procedures being used for its consideration. The magnitude of changes being proposed should be considered within the contest of the Vail Visage Master Plan. Deviations £rom the plan must first be adequately addressed and subject to timely public comment and review. I also abject to the increase in residential and commercial densities, the potential for store front retail uses and the expansion of commercial uses in established residential neighborhoods, the use of impact fees to finance improvements which are prohibited by covenant on stream tract land. Issues regasdingparldn& traffic congestion, employee housing, etc., should be carefully considered within the context of the Vail Village Master Plan prior to the adoption of these or similar amendments. I request that the Town Council reject the amendment on the second reading. cerely,0 Jane R. Blanch 644 INDIAN MOUND EAST WAYZATA, MN 55391 USA OCT-05-99 05:51 AM MINKA,INC. 303 321 8508 P.0111 ton y Town Council Town of Vail 75 South Frontage Road Vail, Colorado 81657 Dear Mayor Ford and Town Council Members: As lon ti October 5, 1999 g time property owers in Vail to be effected by the Faessler Public Accommodation Zone District amendment we object to the passage of this ordinance and to the procedures being used for its consideration. We object to an increase in residential and commercial densities. Issues regarding parking, loading and delivery, traffic congestion, architectural design, employee housing, and the location of on-street retail commerciaa d~?h}ic improvements, within the context of the Vail Village Plaster g carefully considered P an. We request the Town Council reject the amendment. Sincerely, Mr• an re. John L. Tyler (Nancy and Tim) 223 Beaver Dam goad 383 Beaver Dam Circle Vail,, Colorado - 1n off. g s a e s tax row Slow th'. g County- prompts- budget.** cuffs BY KATHY HEICHER Ingstad. "We're not cutting services, Ingstad said the county is not having Doily DWI Staff and don't anticipate cutting employee the robust sales tax growth it has expe- Don't expect to see any new Eagle benefits:" rienced over the past five years. During County staff positions to be added next In the first round of review, budget that period, sales tax growth hit the 20- year. requests from various county depart- 25 percent mark in some months. A slow-down in sales-tax growth has inents tallied $73 million. However, Recently, that number has dropped county officials wielding a budget knife revenues for next year are estimated at down to about 2.5 percent. - - during the early stages of organizing $59.4 million. Ingstad and county County leaders are projecting a 5- their 2000 finances. Administrators are finance director Terry Lowell have percent overall sales tax growth next also looking to replenish fiord balances already stripped $6 million from the year, and a-6-percent growth in proper- that have been drawn down by some requests;-and they're looking at even ty tax. They're also looking to replenish aggressive capital improvement pro- more cuts. fund balances. jects in recent years. - "It was quite a surprise when we Ingstad noted that a 5-percent growth That's not to say the county is in dire finally ran the numbers last week. I rate is considered "rapid" by govern- 7 financial straits. Nearly $60 million in thought we would have.a lot of money went standards. In the past, auditors J revenues are anticipated next year. for discretionary decisions," Ingstad have warned the county not to carry "That is very healthy for a county our said "We found out we need another $8 excessive fimd balances. size," said county administrator Jack million in cuts to balance the budget." SEE BUDGET PAGE 6 BUDGET way it has been, and we would be The county budget will be in flux FROM PAGE 3 able to replenish fund balances," over the next month, as department Ingstad said. - heads and the commissioners meet in Currently, county fund balances Now that sales tax growth has work sessions. are either at or below the required 15- slowed, building up those balances is Ingstad will present a proposed percent reserves. more difficult. Ingstad said the budget to the commissioners -on During the past two years, the changing budget picture will likely Oct. 12. The commissioners have county has funded $13 million -in force the county to cut back spending scheduled full-day work sessions on capital projects out-of-pocket, below the 1999 levels. Oct. 26 and Nov. 2 and 9. A final including the remodel of the old Still, Ingstad said the budget is budget hearing will be scheduled in court house, the construction of new healthy enough that county residents December. grandstands at the fairgrounds and a don't need to be overly concerned. Ingstad said public input is most new -building housing the District "You have- to operate within your effective in the early stages of budget Attorney's offices and probation revenues," he said. "We're taking a planning. departments. hard look at everything that we're "It's a lot easier to make an impact Previous decision-makers thought spending: I think the, public expects early rather than when the budget is the economy was going the stay the that." about to be adopted," he noted. l/ TOWN OF VAIL 75 South Frontage Road Vail, Colorado 81657 970-479-2100 FAX 970-479-2157 MEDIA ADVISORY October 4, 1999 Contact: Lorelei Donaldson, 479-2136 Vail Town Clerk VAIL TOWN COUNCIL CANDIDATE FIELD CERTIFIED FOR NOV. 2 ELECTION The nominating petitions for all 12 candidates who have filed to run for the 5 open seats on the Vail Town Council were certified this morning (10-4) by Vail Town Clerk Lorelei Donaldson. The field of candidates for the Nov. 2 election stands as follows: Michael Arnett* Chas Bernhardt Dick Cleveland Diana Donovan Kevin Foley* Tom Gargan Harry Gray Carol Hymers Greg Moffet (Moffet's name was misspelled in Friday's release; please accept our apologies) Chuck Ogilby Rod Slifer Tom Steinberg * incumbent Lots will be drawn at 9 a.m. Oct. 11 in the Vail Municipal Building to determine ballot position. The remainder of the election calendar for Nov. 2 is as follows: Oct. 4 Last day to register to vote Oct. 21 Walk-In Absentee Balloting Begins Oct. 29 Last day to request absentee ballot Last day to vote walk-in absentee Nov. 2 Election Day! 7 am to 7 pm RECYCLED PAPER 10- 5-99 10:42 ;612 6260665 0347;# 1/ 2 vG , Tc_ UNIVERSITY OF MINNESOTA Twin Cities Campus Department of Obstetrics, Gynecology, and Box 395 Women's Health 420 Delaware Street S.E. Medical School Minneapolis, MN 55455 Fax: 612-626-0665 5 October 1999 Tom Ford, Mayor Town of Vail 75 South Frontage Road Vail, Colorado 81657 By FAX to 970.479-2157 Dear Mayor Ford: As a property owner affected by the Faessler Public Accommodation Zone District amendment, I object to the passage of this ordinance in its present form and to the procedures being used for its consideration. It is my position that the magnitude of changes being proposed by the Faessler amendment should be considered within the context of the Vail Village Master Plan. Deviations from or changes to the plan, including the imposition of design standards, must be amended to the Master Plan after first being adequately addressed and subject to timely public comment and review. I further object to the degree of increase in residential and commercial densities, the potential for store front retail uses and the expansion of commercial uses in established residential neighborhoods, and the use of impact fees to finance improvements which are prohibited by covenant on stream tract land. It is my desire that issues regarding parking, loading and delivery, traffic congestion, architectural design standards, employee housing, associated public improvements, and the location of on-street retail/commercial, be carefully considered within the context of the Vail Village Master Plan prior to the adoption of these or similar amendments. I request your active support for a rejection of the Faesler amendment on second reading. Sincerely, Konald A. Prem, M.D. Owner, Apartment 401, (y~~ Mile Creek Court 10- 6-99 10.42 ;612 6260666 0347:# 1/ 2 T C_ UNIVERSITY OF MINNESOTA Twin Cities Campus Department of Obstetrics, Gynecology, and Box 395 Women's Health 420 Delaware Street S.E. Medical School Minneapolis, MN 55455 Fax: 612-626-0665 5 October 1999 Tom Ford, Mayor Town of Vail 75 South Frontage Road Vail, Colorado 81657 By FAX to 970.479-2157 Dear Mayor Ford: As a property owner affected by the Faessler Public Accommodation Zone District amendment, I object to the passage of this ordinance in its present form and to the procedures being used for its consideration. It is my position that the magnitude of changes being proposed by the Faessler amendment should be considered within the context of the Vail Village Master Plan. Deviations from or changes to the plan, including the imposition of design standards, must be amended to the Master Plan after first being adequately addressed and subject to timely public comment and review. I further object to the degree of increase in residential and commercial densities, the potential for store front retail uses and the expansion of commercial uses in established residential neighborhoods, and the use of impact fees to finance improvements which are prohibited by covenant on stream tract land. It is my desire that issues regarding parking, loading and delivery, traffic congestion, architectural design standards, employee housing, associated public improvements, and the location of on-street retail/commercial, be carefully considered within the context of the Vail Village Master Plan prior to the adoption of these or similar amendments. I request your active support for a rejection of the Faesler amendment on second reading. Sincerely, Konald A. Prem, M.D. Owner, Apartment 401, c y~~ Mile Creek Court Poms-hopn 416 VAIL VALLEY DRIVE. PHONE (970) 476 5646 VAIL. COLORADO 81657 FAX (970) 476-0301 October 5, 1999 Town Council Town of Vail 75 South Frontage Road Vail, CO. 81657 Dear Council Members The attached letter was read and submitted to the Town Council at one of the earlier meetings regarding the Public Accommodation Zone District Amendment. The position of the Board of Directors and the members of the Rams Horn Condominium Association has not changed regarding this issue. The potential for major increases in residential and commercial densities will have a significant impact, not necessarily positive impact, on the character and aesthetics of Vail Village. Since we have seen no significant changes in the amendment from its original submission, we encourage you to reject the amendment as presented. ` Sincerely Norman D. Kurtz, President r ATT: V 416 VAIL VALLEY DRIVE PHONE (970) 476.5646 VAIL, COLORADO 61657 FAX (970) 476.0301 April 20, 1999 Vail Town Council 75 S. Frontage Road Vail, CO. 81657 Dear Council Members The proposed amendments to the Public Accommodation Zone District were discussed at length at the annual meeting of the Board of Directors and Membership of the Rams horn Condominium Association. The vote was unanimous to go on record in opposing the proposed zoning changes. The Association is very concerned about the impact the proposed changes will have on the character and aesthetics of the Town. The increase in density, the elimination in calculating common space, changes in site coverage, open space around buildings, and set backs will have a significant impact on the way the Village appears and feels to its now current and future property owners. We are not opposed to redevelopment per se as it often enhances the value and appearance of structures and in some cases should be encouraged. However, carefully planned and reviewed development is more the issue. Many projects have been completed in recent years that have had to undergo difficult and tedious review. The projects needed review and approval beyond what developers perceived as being regulations flexible enough to accommodate their plans. It is our opinion that this review in many cases resulted in a much improved end product. It caused the developers to rethink and plan more creatively to meet the requirements. The end result was better than the original plan. A tedious process is not cause for wide sweeping changes ni zoning. If the proposed amendments to the Public Accommodation Zone District are approved as being presented, there is little chance of going back. The density and the character will have changed forever. In some neighborhoods such as that occupied by the Rams Horn, its unique residential atmosphere would be seriously impacted. It is understood that developers may find the process tedious when they need to apply for exception or changes, however, we firmly believe that the end result is better planning and a better community overall. Please understand that as an Association we do not take these proposed amendments to the Public Accommodation Zone District lightly, and that we are unanimous in our opposition. Respectfully Submitted Norman D. Kurtz, President 11 TOWN OF VAIL 75 South Frontage Road Vail, Colorado 81657 970-479-2100 FAX 970-479-2157 MEDIA ADVISORY October 5, 1999 Contact: Russell Forrest, 479-2146 Community Development Director VAIL'S OPEN SPACE COMMITTEE TO MEET OCT. 7 TO REVIEW PRESERVATION RECOMMENDATION , (Vail)--The Town of Vail's 3-member Open Space Board of Trustees will meet at 7 p.m. Oct. 7 in the Vail Town Council Chambers to review the status of its open space recommendation which was rejected earlier in the summer by the Vail Town Council. At the time, the committee (Councilmember Sybill Navas, Planning and Environmental Commissioner Galen Aasland and Town Manager Bob McLaurin) forwarded 4 town-owned properties to the Town Council for consideration as designated open space. Those properties, representing about 12 acres, included: 1) the portion of the Arosa-Garmisch property that is being developed as a neighborhood park; 2) Buffehr Creek Park (lots 40 & 34); 3) a stream tract parcel in the Bald Mountain neighborhood; and 4) an undisturbed meadow near the East Vail water tract. On July 6, the committee's recommendation was turned down on a 5-2 Council vote (Michael Jewett, Kevin Foley against). The ordinance had needed a super majority (6 out of 7) to pass. If passed, the parcels would have received designated open space protection in perpetuity unless voters decide otherwise. This week's public meeting has been called at the urging of Councilman Michael Jewett who has previously suggested inclusion of portions of Donovan Park in the committee's recommendations. Also, Councilman Kevin Foley, who voted against the measure in July, had asked for additional explanation from the committee as to the rationale surrounding its recommendation. The Open Space Board of Trustees was formed following public approval of a Vail Town Charter Amendment in 1995 requiring a vote of the people before certain designated parcels of open space can be sold or significantly changed. Since then, the Council has placed 14 town-owned parcels totaling 382 acres into the open space designation. The most notable parcels include Bighorn Park, Katsos Ranch Park and the stream tract in Vail Village. Thursday's meeting is open to the public. For more information, contact Russell Forrest, Community Development Director, at 479-2146. Iy RECYCLED PAPER