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HomeMy WebLinkAbout1999-10-19 Support Documentation Town Council Evening Session , ' VAIL TOWN COUNCIL EVENING MEETING TUESDAY, OCTOBER 19, 1999 7:00 P.M. IN TOV COUNCIL CHAMBERS REVISED 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. Ordinance No. 26, Series of 1999, second reading of an Ordinance, Third Amendment To The Town Of Vail Employees' Pension Plan; B. Ordinance No. 27, Series of 1999, second reading of an Ordinance, Third Amendment To The Town Of Vail Police and Fire Employees' Pension Plan; C. Ordinance No. 29, Series of 1999, second reading of 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. 3• Ordinance No. 30, Series of 1999, first reading of an Ordinance Tom Moorhead Authorizing the Conveyance of Fee Title to the Following Land Owned by the Town of Vail and Located on Rockledge Road, More Fully Described as Follows: That portion of Lots 2, 3A and 36 (Resubdivision of Lot 3, Block 7), 4, 7, 8A, 9A, 10A and10B (Resubdivision of Lot 10, Block 7), and 13B (Resubdivision of Lot 13, Block 7), Block 7, Vail Village First Filing, lying South of the North Line of Lot 2 of the Raether Minor Subdivision (formerly Government Lot 3), and North of the North boundary of Rockledge Road and/or North of the North boundary of Tract A East of the East end of Rockledge Road, as described in the Final Plat of A Replat of a Portion of Block 7, Vail Village First Filing, and Lot 2 of Raether Minor Subdivision, Section 7, Township 5 South, Range 80 West, 6th Principal Meridian prepared by Thom pson- Langford Corporation and dated September 7, 1999, (as that plat may be modified with the consent of the Town of Vail), together with all interests of the Town of Vail in all easements and other appurtenances associated with said Purchased Property as shown on said Final Plat. In addition, pursuant the Agreement Creating Restrictive Covenants, attached as Exhibit B, the Town of Vail agrees to create restrictive covenants, which shall be covenants running with the land, for the benefit of the owners of Lots 2, 3A, 36, 4, 7, 8A, 9A, 10A, 10B and 136, which Restrictive Covenants shall be on the following described real estate in the Town of Vail, County of Eagle and State of Colorado, to wit: Tract A, Final Plat of A Replat of a Portion of Block 7, Vail Village First Filing, and Lot 2 of Raether Minor Subdivision, Section 7, Township 5 South, Range 80 West, 6th Principal Meridian prepared by Thompson-Langford Corporation and dated September 7, 1999, (as that plat may be modified with the consent of the Town of Vail) paseyojnd pue t, 10-1 leui6iap yoiyN? 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In addition, the Town of Vail will establish and transfer to the Eagle Valley Land Trust a conservation easement, on the terms and conditions set forth in the Deed of Conservation Easement, attached as Exhibit B, which Conservation Easement shall be on the following described real estate in the Town of Vail, County of Eagle, and State of Colorado, to wit: (1) Tract "A", a portion of Government Lot 3, Section 8, Township 5 South, Range 80 West, 6th Principal Meridian, which contains 9,333 square feet; and (2) Government Lot 4, Section 9, Township 5 South, Range 80 West, 6th Principal Meridian which contains approximately 4.252 acres (See attached Exhibit A- Final Plat of Replat of Lots 1-6 Block 5 of Vail Village Seventh Filing; Replat of Lot 4 Vail Village Tenth Filing, and Government Lot 3, situated in Sections 8 and 9, Township 5 South, Range 80 West, 6th Principal Meridian prepared by Thompson-Langford Corporation and dated September 1, 1999.) (15 mins.) ACTION REQUESTED OF COUNCIL: Approve, modify or deny Ordinance No. 31, Series of 1999, on first reading. BACKGROUND RATIONALE: In the early 1990s the Vail Town Council directed staff to begin working with the Forest Service to address private and public encroachments on Forest System lands and to identify ways to discourage private exchanges around the Town of Vail. In 1994 the community completed the Vail Comprehensive Open Space Plan which identified properties that should be considered for land exchange. In June, 1995, the Town of Vail and the United States Forest Service signed and agreement to initiate a land exchange. The land exchange involved three parcels of Town of Vail land totaling 76 acres and 11 parcels of United States Forest Service land totaling 62.2 acres. This exchange essentially removed the Forest Service lands from within the Town of Vail by acquiring or de-annexing U.S. Forest lands. The transfer of the property from the Town of Vail to the Forest Service was approved in Ordinance No. 5, Series of 1997. The Town has been negotiating in good faith with the residents on Ptarmigan Road to convey land where residents now have encroachments and to create a buffer between Ptarmigan and the forest on what was United States Forest Service lands and now are Town of Vail owned lands. The value of this land has been calculated on a per square foot basis. The Town of Vail will realize $1.2 million for the sale of property on Ptarmigan Road. It is hoped that it will reduce the likelihood of private exchanges of Forest Service lands in and around the Town of Vail. The Town continues to maintain a strong posture in regard to opposing private land exchanges that could allow additional development around the Town of Vail. STAFF RECOMMENDATION: Approve Ordinance No. 31, Series of 1999, on first reading. 4. Ordinance No. 32, Series of 1999, first reading of an Ordinance to Russell Forrest Designate Five Properties in the Town of Vail as Open Space as per Section 13.11 of the Town of Vail Charter (see Exhibit A). (15 mins.) ACTION REQUESTED OF COUNCIL: Approve, modify or deny Ordinance No. 32, Series of 1999, which would, if approved, place 5 properties in the designated open space status. BACKGROUND RATIONALE: On April 301h, the Town of Vail Open Space Board of Trustees met and unanimously approved a recommendation to the Town Council to consider designating land in the Town of Vail as designated open space as per Section 13.11 of the Town of Vail Charter. On May 25, 1999, the Town Council, at a regularly scheduled work session, reviewed the proposed properties and a majority of the Town Council directed staff to move forward with the designated open space process for the four properties identified in Ordinance 16. One of the major reasons for initiating this process is to fulfill the Town's commitment to place the portion of the Arosa-Garmisch property that will be used for a park in the designated open space status. On July 6t" the Town Council voted 5-2 on Ordinance 16, which failed because a super majority is required (6-7) to approve a designation. On October 7`h the Open Space Committee held a public hearing and received community input on other lands that should be considered. At that meeting, the Committee unanimously decided to add 2900 Manns Ranch Road to the 4 properties the committee would recommend for inclusion into the designated opens space status at this time. STAFF RECOMMENDATIONS: Approve Ordinance No. 32, Series of 1999 on first reading. 5. Ordinance No. 25, Series of 1999, second 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. (15 mins.) ACTION REQUESTED OF COUNCIL: Approve, modify or deny Ordinance No. 25, Series of 1999, on second reading. STAFF RECOMMENDATION: Approve Ordinance No. 25, Series of 1999, on second reading. 6. Ordinance No. 28, Series of 1999, second reading of an Ordinance Steve Thompson 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. (15 mins.) ACTION REQUESTED OF COUNCIL: Approve, modify or deny Ordinance No. 28, Series of 1999, on second 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 second reading. ~ . ~ 7• Resolution No. 14, Series of 1999, a Resolution Approving The Law Joe Russell Enforcement Assistance Fund (Leaf ) Contract # L-22-00. (5 mins.) ACTION REQUESTED OF COUNCIL: Approve or deny Resolution No.14, Series of 1999. BACKGROUND RATIONALE: The Town of Vail Police Department has received funding in the past from the Colorado Department of Transportation for the enforcement of laws pertaining to the driving under the influence of alcohol or drugs. Once again, the State has approved an application from the Vail Police Department to provide $21,000 in funding. This Resolution will authorize the Town Manager to enter into the contract which will provide for the payment. The contract shall begin on January 1, 2000 and shall terminate on December 31, 2000. STAFF RECOMMENDATION: Adopt Resolution No. 14, Series of 1999. Town Manager's Report. (5 mins.) 9• Adjournment - 9:20 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, 10/26/99, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE FOLLOWING VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 11/2/99, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, 1112/99, 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. CA,4GENDA.TC COUNCIL FOLLOW-UP TOPIC QUESTIONS FOLLOW-UP SOLUTIONS 1999 9/21/99 TCI FRANCHISE FEE TOM: In a request before the Council at the 9/21199 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. 9/28199 LEASE ON BRIGHT HORIZONS BOB: With the Y2000 capital projects approval of $250,000 Bob spoke with John Caldwell and will have details in the Town Manager's Mike JewetUCouncil for the renovation of Bright Horizons to replace the Report. 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. 10112/99 SNOWFLAKE LADY FROM NANCY: Please attach copy of response re: receipt of See attached letter. MARLISE drawing for the above. , Bob Armour October 14, 1999, Page l ~y TOWN OF VAIL 1309 Tjail ifalley Drive Art irt Puhlic Places vail, Colorado 81657 970-479-2344 Fax: 970-479-2166 September 28, 1999 Ms. Amaryllis Bataiile 68, Bd. Carnot #223 06400 Cannes FRANCE Dear Ms. Bataille, Thank you for your interest in the Town of Vail public art program. Your proposed design has been reviewed by the Art in Public Places Board, comprised of eleven board members appointed by the Town of Vail, Town Council. tt is our mission "to enrich our community through public exposure to the arts." We have an active Temporary Art Program designed to encourage the placement of artwork in public spaces on temporary loan, as well as, an exhibition program we sponsor during the summer months. Unfortunately, we do not have an acquisition budget allowing us to purchase scufpture for permanent display. Therefore, most of our sculpture is on temporary loan from the artist. Considering you are in France and the costs associated with the production and shipping of artwork, the temporary art program wou{d not be a viable option for the exhibition of your work. We have enjoyed this opportunity to review your proposal for the Spirit of Vail. Your ideas captured everyone's imagination. fn particular, Mr. Bob Armour is extremely grateful for the consideration you gave this project and the inspiration you found here in Vail. Please feel free to contact me during your next visit to Vail should you wish to discuss our public art program in more detail or need more information. Sincerely, TOWN OF VAIL Nancy Sweeney AIPP Coordinator C,s~ RECYCLEDPAPER . ~ Memorandum To: Town Council From Nina Timm Date: October 19, 1999 Subject: Revising the Employee Housing Guideline 1. Introduction On October 5, 1999 staff asked Council for direction on specific issues within the Town of Vail Employee Housing Guidelines. Based on that discussion staff has incorporated . the changes into the EHLT Guidelines in bold, italic letters. Staff would request that Council review these changes and provide direction on whether the changes should be incorporated into the EHiJ Guidelines. . U. Income Caps For Council's consideration on October 19`h staff has included some income and asset guidelines from other communities. This information may be helpful as Council discusses whether to create income and asset caps for Town of Vail units that must comply with the Employee Housing Guidelines. Staff has found from other communities that verifying income and assets is problematic and staff intensive. Aspen/Pitkin County's Guidelines Aspen/Pitkin County has 4 categories of income and asset caps related to the sales price of units. Staff has included all of the categories. Categories 3 and 4 relate most closely to Town of Vail sales prices. Category 1 which they consider "Equivalent to low income level." Dependents GHI Unit Twe Max. Sales Price 0 Dependent $25,000 Studio $29,000 1 Dependent $32,500 1 Bedroom $36,400 2 Dependents $40,000 2 Bedroom $43,800 3 or More Dependents $47,5 00 3 Bedroom $51,000 Total Net Assets Not in Excess of $150,000 Category 2 which they consider "Equivalent to lower moderate income level." Dependents GHI Unit Tvne Max. Sales Price 0 Dependent $39,765 Studio $66,000 1 Dependent $47,265 1 Bedroom $78,300 2 Dependents $54,765 2 Bedroom $89,700 3 or More Dependents$62,265 3 Bedroom $100,300 Total Net Assets Not in Excess of $175,000 1 \ Category 3 which they consider "Equivalent to upper moderate income level." Dependents GHI Unit Tvpe Max. Sales Price 0 Dependent $64,877 Studio $109,600 1 Dependent $72,377 1 Bedroom $120,800 2 Dependents $79,877 2 Bedroom $132,200 3 or More Dependents$87,377 3 Bedroom $143,000 Total Net Assets Not in Excess of $200,000 - For Vail Commons only the two-bedroom units would have fit into the maximum sales price and in Red Sandstone Creek only the one bedroom units would have fit into • the maximum sales price for Aspen's Category 3. Category 4 which they consider "Equivalent to middle income level." Dependents GHI Unit Twe Max. Sales Price 0 Dependent $104,540 Studio $185,400 1 Dependent $112,040 1 Bedroom $196,000 2 Dependents $119,540 2 Bedroom $208,200 3 or More Dependents $127,040 3 Bedroom $226,900 Total Net Assets Not in Excess of $225,000 When these income levels were created in 1998 the median household income in Pitkin County was reported to be $40,000. In Aspen, "applicants must demonstrate that their income/earnings are earned primarily in Pitkin County (75%). Applicants must demonstrate that they pay Colorado Income Tax as a Colorado resident." Household Income - Combined gross income of all individuals who will be occupying the unit regardless of legal status. Adjustments to the gross for business expenses can be made for persons who are self-employed. Gross Income - The total income to include alimony and child support derived from a business, trust, employment and from income-producing property, before deductions for expenses, depreciation, taxes and similar allowances. Net Assets - Gross assets minus liabilities. Retirement accounts will be reviewed on a case-by-case basis to determine whether or not they shall be included as a net asset. "Maximum net asset limits for households which consist of at least one citizen of retirement age are 150% of the applicable income category." . :.~.r . . 2 a Eagle Counry Down Payment Assistance Program Guidelines This program provides a loan to help with down payment, closing costs & prepaids. The maximum pwchase price to qualify for this program is $225,000. Eagle County Max Gross Income Max Income Allowed HUD Income Requirements 1 Person $59,300 $33,450 2 Persons $59,300 $38,250 3 Persons $68,195 $43,000 4 Persons $68,195 $47,800 5 Persons $68,195 $51,600 6 Persons $68,195 $55,450 Maximum Assets allowed are 1% times the household income. Town of Telluride/San Miguel County Monthlv Household Income Limits bv Unit Type 1 Bedroom $4,532/month $54,384/Year $54,384/Person/Year 2 Bedroom $9,064/month $108,768/Year $54,384/Person/Year 3 Bedroom $13,596/month $163,152/Year $54,384lPerson/Year Total personal net worth for the persons renting or purchasing affordable housing units shall not exceed two times the allowed purchase price of the unit (excluding non-occupant co-borrowers). The Monthly Household Income Limits by Unit Type specified above shall be adjusted annually pursuant to the Average Annual Wage (ES-202) for San Miguel County as reported by the Colorado Department of Labor and Employment. No more than 25% of any individual's ineome may be derived from non-employment sources. III. Staff Recommendation Staff would recommend requiring that an applicant verify that over 90% of their income is derived from working at an Eagle County business. Both Aspen and Telluride require that 75% of an applicant's income be derived from within their counties as well as having income and asset caps. At this point in time staff does not feel that there are a plethora of wealthy individuals living in Town of Vail Deed Restricted housing units. A requirement that 90% of household income be derived from working at an Eagle County business would help prevent wealthy individuals from being able to purchase Deed Restricted housing. 3 : THE TOWN OF VAIL EMPLOYEE HOUSING GUIDELINES - 10-19-99 Town of Vail Employee Housing Guidelines Page 1 of 11 ~ 1. PBJRPOSE 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. U. MAXIMUM RESALE PRICE An owner may desire to sell a deed-restricted Employee Housing Unit provided that tfie 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 conceming a sale. Unless otherwise provided in the Master Deed Town of Vail Employee Housing Guidelines Page 2 of 11 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 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 ensure 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 af 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 inembers 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 initiai 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 11 ~ 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 I1 ~ 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 pwchaser 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. W. RESALE LOTTERY CRITERIA A. There are six 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. ~ rrt,e ,,...,i;,. ....a> < ..„o+ s;a~ +ii l estate in Eagl r t 4 rr +1.o r;,„ .,F a,.p1;...,+:.,,,, ^ + 1. tl.m r-eal deed , 3. Neither the applicant nor any member of the applicant's immediate family (including, but not limited to, spouse and children under 18 years of age) may own residential real estate in Eagle Counry at the time of application, except where that real estate is deed restricted as a Town of Yail employee housing unit with a resale appreciation cap. A current residence may not be deeded to a corporation or other entity in order to qualify the applicant for a Town of Vail deed restricted unit. 4. The applicant must be prequalified with a mortgage lender. 5. For all Town of Vail deed restricted three bedroom units, ~Sandstone, the applicant must have a household size of 3 or more persons. Town of Vail Employee Housing Guidelines Page 5 of 11 r 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 continuously 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. A pregnancy may be counted towards the family size requirement as long as a note fram an Eagle Counry doctor is provided 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 deternuned as follows: 1. 2. n~nnz~nrn ~rEnrtin Coiin4y, 1. All current years of employment in Vail shall be weighted at 3:1 over years of employment in Eagle County. 2. All current years of residence in Vail shall be weighted at 3:1 over years of residence in Eagle Counry. C. Notes: 1. The physical place of residence and employment is what counts, not the mailing address. 2. Employment pbysically 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 Town of Vail Employee Housing Guidelines Page 6 of 11 work and part time work alone may not be adequate to meet the 30 hours/week average annual requirement. This type of work mav need to augment other employment to meet the minimum eligibility. 5. For the pucposes 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. 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 andlor residency shali use his or her record for the purposes of deternuning 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 deternuning your longevity. 9. If there is a sole applicant in the inp tier of the Ivttery, the scheduled lottery will not be conducted and the unit will be awarded to the top tier applicanz A drawing to establish the reserve list will be held in the Communiry Development office during regular business hours and shall be witnessed by the Town Clerk. 10. The application and any accompanying documentation shall become the property of the Town of Vail and will not be returned to the applicant. D. For all resales of existing Town of Vail deed restricted units, a permanent reserve lottery list will be used The reserve list will be created using the exact same criteria outtined above. 1. The first person on the list will be offered the unit available for resale. If that person chooses not to take the unit, they will be dropped to the end of the list and the next person will have the option to purchase the available unit and so on, until a buyer is found 2 The list will be updated by an annual lottery. 3. Separate reserve lists will be created for two bedroom and three bedroom units. Town of Vail Employee Housing Guidelines Page 7 of 11 V. OCCUPANCY REQUIREMENTS Once an Employee Housing Unit has been purchased, it must continue to be occupied in a manner that 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 ma.y be granted for one year, subject to clear and convincing evidence which shows a reason for leaving and a commitment to return to the VaiUEagle 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 pernvssion 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. 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 Town of Vail Employee Housing Guidelines Page 8 of 11 ~ , 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 aate). 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 interests 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. Town of Vail Employee Housing Guidelines Page 9 of 12 ~ I. 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 (including 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 ma.nner: 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: Housing Division 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. 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. Town of Vail Employee Housing Guidelines Page 10 oE: l l.'.. . , ~ 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 of the describe covenants affecting the Property which appear in said records in Book at Page . Such release shall be placed of record within 14 days after demand therefor by the holder following expiration of the option and 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, Colarado, 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 contained herein shall inure to and be binding upon the heirs, successors and assigns of the parties hereto. g. Modifications. The parties hereto agree that any modification to this option to pwchase shall be effective only when made be writing s signed by both parties and recorded with the 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 11 of i l ~ ORDINANCE NO. 30 , SERIES OF 1999 AN ORDINANCE AUTHORIZING THE CONVEYANCE OF FEE TITLE TO THE FOLLOWING LAND OWNED BY THE TOWN OF VAIL AND LOCATED ON ROCKLEDGE ROAD, MORE FULLY DESCRIBED AS FOLLOWS: That portion of Lots 2, 3A and 3B (Resubdivision of Lot 3, Block 7), 4, 7, 8A, 9A, l0A and10B (Resubdivision of Lot 10, Block 7), and 13B (Resubdivision of Lot 13, Block 7), Block 7, Vail Village First Filing, lying South of the North Line of Lot 2 of the Raether Minor Subdivision (formerly Government Lot 3), and North of the North boundary of Rockledge Road and/or North of the North boundary of Tract A East of the East end of Rockledge Road, as described in the Final Plat of A Replat of a Portion of Block 7, Vail Village First Filing, and Lot 2 of Raether Minor Subdivision, Section 7, Township 5 South, Range 80 West, 6th Principal Meridian prepared by Thompson-Langford Corporation and dated September 7, 1999, (as that plat may be modified with the consent of the Town of Vail), together with all interests of the Town of Vail in all easements and other appurtenances associated with said Purchased Property as shown on said Final Plat. In addition, pursuant the Agreement Creating Restrictive Covenants, attached as Exhibit B, the Town of Vail agrees to create restrictive covenants, which shall be covenants running with the land, for the benefit of the owners of Lots 2, 3A, 3B, 4, 7, 8A, 9A, 10A, lOB and 13B, which Restrictive Covenants shall be on the following described real estate in the Town of Vail, County of Eagle and State of Colorado, to wit: Tract A, Final Plat of A Replat of a Portion of Block 7, Vail Village First Filing, and Lot 2 of Raether Minor Subdivision, Section 7, Township 5 South, Range 80 West, 6th Principal Meridian prepared by Thompson-Langford Corporation and dated September 7, 1999, (as that plat may be modified with the consent of the Town of Vail). (See attached Exhibit A- Final Plat of A Replat of a Portion of Block 7, Vail Village First Filing, and Lot 2 of Raether Minor Subdivision, Section 7, Township 5 South, Range 80 West, 6th Principal Meridian prepazed by Thompson-Langford Corporation and dated September 7, 1999.) WHEREAS, the Town of Vail is the owner of certain property particularly described in Exhibit A, attached hereto; and WHEREAS, the land being conveyed herein was acquired by the Town of Vail from the United States Forest Service in the Land Ownership Adjustment Agreement; and WHEREAS, the Land Ownership Adjustment Agreement and the conveyance of this land is consistent with the Vail Comprehensive Open Space Plan adopted in 1994; and WHEREAS, it is contemplated that this conveyance will be concluded through a series of transfers to adjoining property owners on Rockledge Road that will assist removing private encroachments from publicly owned land, providing a boundary between the Town of Vail and the United States Forest Service property, and return to the Town of Vail the purchase price for Trappers ~ yr Run, which land in West Vail is being preserved as open space and has been transferred to the United States Forest Service. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. The Town Council hereby approves the sale of property for a total purchase price of $1,400,000. 2. The Town Manager is hereby authorized and directed to execute such instruments of conveyance as are appropriate to convey fee title from the Town of Vail to adjoining property owners. 3. 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 declazes 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. 4. 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. 5. 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. 6. 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. r rt INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19' day of October, 1999, and a public hearing shall be held on this Ordinance on the 2°d day of November, 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 2nd day of November, 1999. Robert E. Ford, Mayor ATTEST: Lorelei Donaldson, Town Clerk c:\orinance99.30 FrNAL I Jia r or A 1tEPLA'1' l)1? A PU1tT(UN.UF BLOCti 7_YA1L YLLLAGE FIHST FILINC,_ AIVD LOT 2_OF RAETHER MINOR 3UB~DMSION SECI'IOIV 'T, TOWN$HIP 5 SOUTH, RANG 80 WE$T, 6th PRiNCIPAL MERIDIAN ~ ~ oh„ ~a nu ~ ia . . r i . 7 ~ , i , ~ h i,or:u , ~ i ,/.lll'I.tU 1 Ipi'IOU LfYI'IUA ~ ~ L~ • fOTdtl ' a ! ~ L11T T ~ IAl!' 4 y~, i,/ ~ MNWYY ~ ~ 311 ~,/~^uCd i e G '~aL'" ~ ~ xwM'1 ~ Iiy~O 1`_i0_laE4l "AT ;p•5it nt[[~ - 77uLTA YlWdl171~Bd9'j'U78I4fd9JVdA'dA1Ld~1(DR'1B~d' I ` x'°0tla~~ ~ra>'~.°u'~`=-y, ' ~-"'4 ~ i ~"';•,~.~~a,~gy: ~ nu~ieia •~a MOIW'I>Y'~VYIp• { ti.7AT~o WhWln$finM1U 1(J1*J`IAVl.IN~~lr Y r I ; 'Y Ji M II+A w. Iv~n~IH~tl~MUi IKI '45~iYx I i IJNC TAtlIG EA56NfNT I1ME/CUNVf TAtlIE ' II L IG WC I~I.T~lill' I F ' fIWNY'pCIRIN4 kC X~UIII> 11 1[HOPU 1 I:l m41 N .i. ii iv~l~ SL~II ~ ~ I iui~~ N it eY. 1 f. t r~.r•I~~ i ~iira. lt~ • ~ 1 - _ 1 ~P~ w rwvw wan ~n ~~.r ur~ n ~r ~ a I~~ ~~~rinq~w~r u,~1mn M w~n ur lie r„~rn vn.l~. i~~ I CIINVI: TAIILY, v , Ed~EI~-S1M7 ' UMVI' ~jry' ~II OAIi ill U pG I; I. il~li F a W ' 1 w. . 1Y IL~B RdJt t EPLA7' OF A PoR'fION UF BLOCK 7 ~ 3. 1 kll - ; VAIL VILlAG6 FIRST FII,ING I,D'' 2 RAE1'HER MINON SUDDIVISIO SEC 7, T. 5 S., R. !SO W 611i P, M. s.O swo Ae-n: nioue m~~ TNOMPSON-LWCFOflD COAPOflATlON 529 z, iiz nono # e-zto •~~m•~-•~e k , , ~ ~ ' Grantl lunclion CO 01505 U701 243-6067 OIV-NS, •1Yi.r~~RPf 1: ~~il 1 7 : rxh;d~~ 14 . ~ ORDINANCE NO. 31 SERIES OF 1999 AN ORDINANCE AUTHORIZING THE CONVEYANCE OF FEE TITLE TO THE FOLLOWING LAND OWNED BY THE TOWN OF VAIL AND LOCATED ON PTARMIGAN ROAD, MORE FULLY DESCRIBED AS FOLLOWS: That portion of Lots 1-6, Block 5, Vail Village Seventh Filing, lying South of the North line of Government Lot 3, and North of Ptarmigan Road, hereinafter referred to as the "Purchased Property", which Purchased Properly is combined with Lots 1-6, Block 5, Vail Village Seventh Filing (according to the original plat), as Lots 1, 2, 3 and 4, Block 2, as described in the Final Plat of Replat of Lots 1-6 Block 5 of Vail Village Seventh Filing; Replat of Lot 4 Vail Village Tenth Filing, and Government Lot 3, situated in Sections 8 and 9, Township 5 South, Range 80 West, 6th Principal Meridian prepared by Thompson-Langford Corporation and dated September 1, 1999 (as that plat may be modified with the consent of the Town of Vail); and That portion of Government Lot 3 which is situated on the east lot line of Lot 4, Vail Village Tenth Filing, (which lot is hereinafter referred to as the "Original Lot 4"), and lying East of the West line of Government Lot 3, West of the East line of Government Lot 4, and North of Corners 3 and 4 of Government Lot 3, containing 5,074.5 square feet more or less, which portion is hereinafter referred to as the "Purchased Property-1 which Original Lot 4 and Purchased Property-1 are combined as Lot 4, Block 1, as described in the Final Plat of Replat of Lots 1-6 Block 5 of Vail Village Seventh Filing; Replat of Lot 4 Vail Village Tenth Filing, and Government Lot 3, situated in Sections 8 and 9, Township 5 South, Range 80 West, 6th Principal Meridian prepared by Thompson-Langford Corporation and dated September 1, 1999, (as that plat may be modified with the consent of the Town of Vail). In addition, the Town of Vail will establish and transfer to the Eagle Valley Land Trust a conservation easement, on the terms and conditions set forth in the Deed of Conservation Easement, attached as Exhibit B, which Conservation Easement shall be on the following described real estate in the Town of Vail, County of Eagle, and State of Colorado, to wit: (1) Tract "A", a portion of Government Lot 3, Section 8, Township 5 South, Range 80 West, 6th Principal Meridian, which contains 9,333 square feet; and (2) Government Lot 4, Section 9, Township 5 South, Range 80 West, 6th Principal Meridian which contains approximately 4.252 acres (See attached Exhibit A- Final Plat of Replat of Lots 1-6 Block 5 of Vail Village Seventh Filing; Replat of Lot 4 Vail Village Tenth Filing, and Government Lot 3, situated in Sections 8 and 9, Township 5 South, Range 80 West, 6th Principal Meridian prepared by Thompson-Langford Corporation and dated September 1, 1999.) WHEREAS, the Town of Vail is the owner of certain property particularly described in Exhibit A, attached hereto; and WHEREAS, the land being conveyed herein was acquired by the Town of Vail from the United States Forest Service in the Land Ownership Adjustment Agreement; and WHEREAS, the Land Ownership Adjustment Agreement and the conveyance of this land is consistent with the Vail Comprehensive Open Space Plan adopted in 1994; and WHEREAS, it is contemplated that this conveyance will be concluded through a series of transfers to adjoining property owners on Ptarmigan Road that will assist removing private encroachments from publicly owned land, providing a boundary between the Town of Vail and the United States Forest Service property, and return to the Town of Vail the purchase price far Trappers Run, which land in West Vail is being preserved as open space and has been transferred to the United States Forest Service. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: . 1. The Town Council hereby approves the sale of property for a total purchase price of $1,212,000. 2. The Town Council specifically agrees that the purchase price to be paid by Roy May . shall be paid as follows: The purchase price for the May property is One Hundred Twenty-Eight Thousand Eighty-Nine and 00/100s Dollars ($128,089.00) and the May donation for the Conservation Easement is Six Hundred Eighty Thousand and 00/100s Dollaxs ($680,000.00) for a total payment of Eight Hundred Eight Thousand Eighty-Nine and 00/100s Dollars ($808,089.00) (the "Total Payment"), payable as follows: °a. Five Thousand and 00/100's Dollars ($5,000.00) upon contract acceptance; and b. Two Hundred Sixty-Five Thousand Eighty-Nine and 00/100s Dollars ($265,089.00), payable at closing; and c. The Mays shall sign a negotiable promissory note in the amount of Five Hundred Thirty-Eight Thousand and 00/100s dollars ($538,000.00) payable to the Town of Vail in consecutive annual installments of Two Hundred Sixty-Nine Thousand and 00/100s dollars ($269,000.00) plus interest at the rate of 8% per annum on the unpaid balance beginning one year from date of closing. The Mays shall have the right to prepay this note in any amount at any time without penalty. Said note shall be secured by a first deed of trust on the May property. The note a.mount and the annual payments will be adjusted proportionally at closing to reflect any changes in purchase price as set forth in subparagraph d., below. d. A portion of the above stated Tota1 Payment being paid by the Mays, includes those funds unpaid by the owners of Lot 5, Vail Village l Oth Filing (said lot is also known as 975 Fairway Drive). In the event that the town of Vail should receive any funds from said owners from the sale of Lot 5, Block 1, as identified and depicted on Exhibit A, within 10 years of date of closing of this transaction, the Town of Vail will promptly pay said funds in full to the Mays without interest. 3. The Town Manager is hereby authorized and directed to execute such instruments of conveyance as are appropriate to convey fee title from the Town of Vail to adjoining property owners. 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 declazes 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. 5. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 6. 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. 7. 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 19`h day of October, 1999, and a public hearing shall be held on this Ordinance on the 2"d day of November, 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 2nd day of November, 1999. Robert E. Ford, Mayor ATTEST: Lorelei Donaldson, Town Clerk c:\orinance9931 I17NALPLATOF ' I11~PLA'1' OF LO`9 OI' VAIL VIL~LACE1'ENTH FILINC CAND,GOVERNMENT IAT ~ ~ ~ 3. O.a .IIp' ~•ieoa 0I, T7V0 M6'IP! I le.ll p' LOT I uITZ (QTS Wr4 , ~•imw ~IiCM]' 011 Y A lMI~ ' n~w"' Y ,r ~f`.•~ui R.. _ -.n'rJ7i,vl~ . .;'inw,mn~ ; .'u.. «n., ~o~mi .z \ R,. _,..nR+y.ly4•~ _ . j-W ~ ~ ry~~--.~___I U'U.tI1fiA!`!fIlDAlly QJ~19lD ` rnnrrA ' , p •MI[J'N~ OM16 ~n; clb~ F y ie.~a yI; 4 8 ~ l.l~ I ~~er~' dl(4~J'h;:1AC',L"1:';:.ie~'i':.a:91~Gi.`,?L;i1J.t1~; n{~r~u+ q IY i~ecnr ~ 5 M-Yr. a'I, ~ . J1~11'i A.Illw)' I y 1' Ig I k ~ N corv I ~ cawe-sire wuH¢ uu[ r.~o~ o a ~p 170 NIIY[ fltli qsn tl[wiwv n ~n urM wan ~mm ~ era a~ ~ eNxy lol ] Inlml ltrirwi1! 1Mn~M1V N On~ i n ti~ 1 N ~ ~ MC WN9 iUl WORO AGdMC [ipPU n ~ i ~ r, . . . . F . . ~ . IS! ' - ~ . . ~ LOT HUYM.IRY TAlI1L 4 - b rPrO M KWN~iOYfSfY I~n~~ ~ v ~ub 4Mt w4n i5 ~OM1O k i ia; i RRPIAT OF IOPS I-6 BLOCK 5 ,w~~ " ',I~~w na~°"•~ ,~M,.,.„„~~d~.,,,,, OF VAIL VILLACE SEVENTH FILINC, y IMx~i fn ~1 I) iM~~ire~l' 1Y.. . •~~mi~rniq upmiWW ~nlrRtin. ' LOT 4 OF VAIL VILLACE TENTH . ' FILINC, ANU COVERNMENT LOT 3. TOWN OF VAIL ~nwni Knroiw. srn THOMP90N-WNCFORDCOAPORATION 529 25 112 ROAO 1 8-210 Grantl Jun[Llon CO 81505 (970) 243-6067 a. a us u.nn ~si ,m w. mv-ar Slg` tWl} Iw\51 01I'a9 1, IV3Y SMI 1 ei 2 ~ X,~/ / (3 f T ~ ~ TO: Vail Town Council FROM: Community Development DATE: October 19, 1999 SUBJECT: Land Exchange/Rockledge and Ptarmigan Staff: Russ Forrest & Tom Moorhead INTRODUCTION: The purpose of Ordinances 30 and 31, are to authorize the Town Manager to enter into a contract to convey Town of Vail land acquired in the Land Exchange to property owners on Rockledge and Ptarmigan Roads where there are now private improvements on public land. With respect to Ptarmigan Road, Ordinance 31 would also allow the Town Manager to convey the development rights to the Eagle Valley Land Trust in consideration of the full appraised value of the land. PURPOSE OF EXCHANGE: The basic purpose of the exchange is to remove Forest Service lands from within the Town boundary and to acquire Forest System lands that have public or private improvements. The reasons for this exchange include: 1) Reducing the likelihood of private exchanges of Forest Service lands in and around the Town of Vail. 2) Eliminate Town of Vail zoning of National Forest Service lands. 3) Address numerous private and public encroachments on Forest Service lands. 4) Improve opportunities for local governments to acquire and preserve lands for open space and other public uses including housing. 5) Create an open space buffer area around the Town of Vail. BACKGROUND ON EXCHANGE In the early 1990s the Vail Town Council directed staff to begin working with the Forest Service to address encroachments on Forest Service lands and to identify ways to discourage private exchanges around the Town of Vail. In 1994 the community completed the Vail Comprehensive Open Space Plan which identified properties that should be considered for a land exchange. In June, 1995 the Town of Vail and the U.S. Forest Senrice signed an agreement to initiate a land exchange. The land exchange involved 3 parcels of TOV land totaling 76 acres and 1 parcels of USFS lands totaling 62.2 acres. The appraised value of the USFS lands was $4.5 million and the value of the TOV lands was also $4.5 million. This exchange essentially removed Forest Service lands from within the Town of Vail by acquiring or deannexing USFS lands (this action still needs to occur). 1 r ROCKLEDGE AND PTARMIGAN The potential revenue from this exchange comes from seliing the land the Town has acquired on Rockledge and Ptarmigan roads to property owners that had encroachments on U.S. Forest Service land. The value for Rockledge Road did significantly increase from $800,000 in the draft appraisal to $2,400,000 in the final appraisal. The changes from the draft to the final appraisal also included an increase in value on Trappers Run from $2,850,000 to $3,675,000. The appraised value of Ptarmigan was $1.2 million for 5.4 acres of land. In January and February of 1997, the Town Council reviewed the costs and benefits of moving forward . with the land exchange after reviewing the final appraisal. The Council, after reviewing the risks and the benefits directed staff to move forward with the exchange and create a framework for selling the land back to property owners on Rockledge and Ptarmigan. FACTS ON ROCKLEDGE • The Town has been negotiating in good faith with the residents on Rockledge to corrvey land where residents now have encroachments on what was USFS lands and are now Town of Vail owned lands. The value of this land has been calculated on a per square foot basis. No improvements can be constructed on this land but homeowners will benefit from the GRFA and site coverage from having a larger lot. Staff received direction from Council in 1997 to move forward in this direction. There is the potential to see a return of $ 1.4 million on the sale of properties on Rockledge Road. • Land on the south side of Rockledge would be retained by the Town of Vail with a deed restriction to . provide a buffer between Rockledge Road and USFS lands. The Town has already conveyed land to Mr. Raether in 1998. • If the Town Council approves Ordinance 30, the Town Manager will sign contracts with applicable property owners on Rockledge Road, complete the replatting process, the PEC and Town Council would consider a rezoning similar to the Raether property to rezone property that would be corneyed to property owners as Primary/Secondary. FACTS ON PTARMIGAN • The Ptarmigan property involves two areas on what is known as Parcel C. The first area is an L shaped property totaling 22,644 feet in size that contains the land where there are private improvements. The other larger area is approximately 4.3 acres and is currently undeveloped land zoned Agricultural Open Space and has severe snow avalanche hazards. • This land was appraised at fair market value based on the highest and best use. The appraisal did factor in that the site is in a snow avalanche influence zone and that to increase building potentiat on the site would require hazard mitigation (or additional hazard studies), subdivision, and rezoning. • The Town has negotiated in good faith with the residents on Ptarmigan to convey land where residents now have encroachments on Town of Vail land. The value of this land has been calculated on a per square foot basis. The total potential return to the Town is approximately $1.2 million. No improvements can be constructed on this land but homeowners can benefit from the GRFA and site coverage from having a larger lot. Staff received direction from Council in 1997 to move forward in this direction to maximize the economic return to the Town. 2 1 • The Town gave the option to residents to acquire approximately 4.3 acres of undeveloped land on the south side of Ptarmigan Road. Severai residents expressed strong interest to preserve this land as open space. Based on this interest, the Town acquired the entire parcel with the commitment that the Town would be compensated fairly for the land. As proposed, the Town would corney the development rights for this land to the Eagle Valley Land Trust and would be compensated for the full value of this land based on the appraisal. The Town would retain ownership of the land. • If the Town Council approves Ordinance 31, the Town Manager will sign contracts with appiicabte property owners on Ptarrnigan Road, complete the replatting process, the PEC and Town Council would consider a rezoning similar to the Raether property to rezone property that would be corneyed to property owners as Primary/Secondary. BENEFiTS OF MOVING FORWARD WITH THE SALE OF ROCKLEDGE AND PTARMIGAN LANDS • The Tovm preserves open space on Ptarmigan Road and Rockledge Road and receives a fair market value on the land based on the 1997 appraisal. The total value of Rockledge Road and Ptarmigan Road based on the 1997 appraisal is $2.6 million. • This action will resolve a long-standing encroachment and access issue on Ptarmigan and Rockledge Roads. • 7he Town receives compensation for the 4.3 acre undeveloped Ptarmigan lot but only corneys the development rights (and keeps fee simple titie to the tand) to the Eagle Vaiiey Land Trust. In addition, the Town of Vail land that was conveyed to the USFS to acquire Ptarmigan and Rockledge should remain as open space based on the agreements that exist today between the Town and the USFS. • The Town is executing the conveyance of these lands consistent with the Land Ovmership Adjustment Agreement with the USFS. F:\EV ERYON E\COUN CI LVNEMOS\99\EXCHFACT.doc 3 TOWN - 4VAIL ~ 75 South Frontage Road . . Vail, Colorado 81657 970-479-2100 . FAX 970-479-2157 TM October 7, 1999 Mayor. Rob Ford Vail Town Council 75 Frontage Road Vail, CO 81657 Dear Mayor Ford a The undersigned Open Space Board of Tustees submits the attached list of properties for consideration by the Vail Town Council to be designated as open space. These properties meet the criteria found in Secfion 13_11 of the Town of Vaii Charter and are critical to protect as open space either for recreation or because of their natural resource value. The Open Space Board of Trustees has reviewed this list and unanimously agrees that the properties listed in Attachment A should be placed in a designated status as per Section 13.11 of the Town of Vail Charter. Sincerely, ; E ; r ` ~ ~ , . ~ , ; . ; : G . ~~j~bill Navas Galen Aasl r~d` Robert McLaurin ~Vail Town Council Planning Environmental Com. Town Manager RECYCLED PAPER Attachment A for Ordinance riumber. 32, Series of 1999 Property & Legal Zoning Natural Acres Remarks Descri tion Features 1) Unplatted portion Outdoor Natural hill 2.66 This will be the site of a of the SE '/4 SE '/4 SE Recreation side new park and trail '/4 SW % of Section 11,Township 5 South, Range 81 West, generally, located on the north side of Arosa Drive, and butting Sunlight North to the east and the Town Manager's , house to the west (see map). 2)Buffehr Creek Outdoor Landscaped 1.1 This is an existing park Park, Lot 40 of R.ecreation park - Buffehr Creek Subdivisions 3) 2900 Manns Outdoor Booth Creek 3.06 This is an existing park - Ranch Rd, Lot 11, Recreation Park Block l, Vail Village 13 4) Tract B, Vail NAPD Riparian 3.89 This is a high quality Village 13`h Filling Area/Sooth riparian area and 100 Creek ear flood lain. 5) Unplatted land NAPD Undisturbed 4 There is possibly 1 acre south of Main Gore Lodgepole and of buildable area on this Drive, County Parcel meadow site number 2099-182- environemnt, 00-002, 5176 Main upland Gore Drive. wetlands. 4 ORDINANCE NO. 32 Series of 1999 (Revlsed on October 19, 1999) AN ORDINANCE TO DESIGNATE FIVE PROPERTIES IN THE TOWN OF VAIL AS OPEN SPACE AS PER SECTION 13.11 OF THE TOWN OF VAIL CHARTER (SEE EXHIBITS A) WHEREAS, the voters of the Town of Vail approved a Charter Amendment to create a process to freeze the zoning on properties that met specific criteria outlined in Section 13.11. of the Town of Vail Charter; and WHEREAS, the Town Council has approved an Open Lands Pian that included a provision to require voter approval before the use or ownership of a Designated Open Space parcel could be changed; and WHEREAS, the Town Council believes that it is appropriate to maintain open space zoning on certain designated properties in perpetuity unless, and until, a majority of the Town of Vail registered electors decided to remove the a Designated Open Space classification; and WHEREAS, the Town of Vai! Open Space Committee unanimously voted to designate all 5 properties in Exhibit A as open space; and, WHEREAS, the Town Council finds that the 5 properties in Exhibit A meet the criteria outlined in Section 13.11 of the Town of Vail Charter. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1 The Town Council hereby finds, determines and declares that the properties identified in exhibit A will be designated open space. Section 2 The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 3 The repeal or the repeal and reenactment of any provision of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation 1 that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 4 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, this 19th day of October, 1999. A public hearing shall be held hereon on the this 19th 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 2nd day of November, 1999. Robert E. Ford, Mayor ATTEST: - Lorelei Donaldson, Town Clerk 2 Attachment A for Ordinance number. 32, Series of 1999 Property & Legal Zoning Natural Acres Remarks Descri tion Features l) Unplatted portion Outdoor Natural hill 2.66 This will be the site of a of the SE %4 SE %4 SE Recreation side new park and trail '/4 SW % of Section i 1,Township 5 South, Range 81 West, generally located on the north side of Arosa Drive, and butting Sunlight . North to the east and the Town Manager's house to the west (see map). 2)Buffehr Creek Outdoor Landscaped 1.1 This is ari existing park Park, Lot 40 of Recreation park Buffehr Creek _ Subdivisions 3) 2900 Manns Outdoor Booth Creek 3.06 This is an existing park Ranch Rd, Lot 11, Recreation Park Block 1, Vail Village 13 . 4) Tract B, Vail NAPD . Riparian 3.89 This is a high quality Village 13`b Filling Area/Booth riparian area and 100 Creek year flood lain. 5) Unplatted land NAPD Undisturbed 4 There is possibly 1 acre south of Main Gore Lodgepole and of buildable area on this Drive, County Parcel meadow site number 2099-182- environemnt, 00-002, 5176 Main upland Gore Drive. wetlands. 3 W5 10•14• 9l U*4t,,0 S ¦ ¦ r / I' i~~~~Iy- Town~~ .117: . V ~ Recommended Designated Open Space Designated Open Space TOV-owned l ands TO: Vaii Town Council FROM: Community Development DATE: October 19, 1999 SUBJECT: Proposed Parcels for Designated Open Space Staff: Russ Forrest 1. PURPOSE: The purpose of this hearing is to review 5 properties the Open Space Board of Trustees is unanimously recommending to the Town Council for consideration as Designated Open Space. Council may reject the list, accept certain properties on the list, or accept the entire list. Approving a property for designation requires at least a 6-7 vote for approval. Attached is Ordinance 32, Series of 1999 for the Council's consideration. 11. BACKGROUND The.Vaii Voters approved a Charter Amendment in November of 1995 that created a process to maintain open space zoning on critical open space parcels. The margin of voter approval was 90% voting in favor of the amendment. This was a key next step in the Town of Vail Comprehensive Open Lands Plan to create a process to go beyond zoning controls to protect Town-owned open space. An issue raised during the development of the Plan was that, Town- owned open space parcels can be rezoned or sold with the approval of the Vail Town Council. Section 13.11 of the Town Charter provides procedures for: 1) Designating parcels as open space; and 2) Removing parcels from a designated status. In November of 1996, the Town Council approved 14 properties for designation. This was the first review process for designated open space after approval of Section 13.11 of the Town Charter by the Vail voters. This is an ongoing process and the Open Space Committee can meet at any time to consider lands for designation. On April 30th, the Town of Vail Open Space Board of Trustees met and unanimously approved a recommendation to the Town Council to consider designating land in the Town of Vail as designated open space as per Section 13.11 of the Town of Vail Charter. On May 25, 1999, the Town Council, at a regularly scheduled work session, reviewed the proposed properties and a 1 majority of the Town Council directed staff to move forward with the designated open space process for four properties. One of the major reasons for initiating this process is to fulfi{I the Town's commitment to place the portion of the Arosa-Gamsish property that will be used for a park in the designated open space status. On July 6th the Town Council voted 5-2 on Ordinance 16, which failed because a super majority is required (6-7) to approve a designation. On October 7th the Open Space Committee held a public hearing and received community input on other lands that should be considered. At that meeting, the Committee unanimously decided to add 2900 Manns Ranch Road to the 4 properties the committee previousty recommended for inclusion into the designated opens space status. III. SUMMARY OF THE DESIGNATED OPEN SPACE PROCESS Quali4ications for designation Characteristics of Designated Open Space. To qualify as Designated Open Space, the designated parcel must be owned bv the Town of Vail and zoned naturai'area preservation, outdoor recreation, or aqriculture open space and be either: 1) Environmentally sensitive lands (wetlands, riparian areas, critical habitat identified by the Division of Wildlife, or the Natural Heritage Program); 2) High natural hazard areas inctuding the 100-year flood plain, red avalanche hazard area, high rock fall hazard area, and high debris flow hazard area; or 3) Town of Vail parks that provide passive outdoor recreation opportunities. Steps to designate open space Step 1: Unanimous recommendation from the open space board of trustees concerning a parcel of land which meets the characteristics as set forth in section 13.11. Step 2: The town council shall consider an ordinance to include such parcel as Designated Open Space. Step 3: Every ordinance designating open space as per section 13.11 of the Town Charter shall require the affirmative vote of three-fourths of the entire council for final passage. Steps to eliminate designation Step 1: Town council may consider the sale, lease, trade, alienation, partition, granting of an exclusive license or permit, use or zone change other than one of the open space zone districts identified in Section 13.11 only upon receiving a unanimous recommendation of such action from the open space board of _ trustees. 2 Step 2: The town council shall consider an ordinance referring such question of disposal of Designated Open Space to the registered electors at a town election for their acceptance or rejection. The ordinance shall give the location of the land in question and the intended disposal thereof. Every such ordinance shall require the affirmative vote of three-fourths of the entire council for passaQe. Step 3: The vote of the town on proposed disposal of Designated Open Space shall be held not less than thirty days and not later than ninety days from the date of the final council vote thereon. If no regular town election is to be held within the period prescribed in this subsection, the council shall provide for a special election; otherwise, the vote shall be held at the same time as such regular election, except that the council may at its discretion provide for a special election at an earlier date within the prescribed period. V. LIST OF RECOMMENDED PARCELS The following table lists the parcels and the natural or recreational features related to each property. ~ Table 1 Property & Legal Zoning Natural Acres Remarks Descri tion Features 1)Unplatted portion Outdoor Natural hill 2.66 This will be the site of a of the SE '/4 SE '/4 SE Recreation side new park and trail %4 SW %4 of Section 11,Township 5 South, Range 81 West, generally located on the north side of Arosa Drive, , and butting Sunlight North to the east and the Town Manager's house to the west (see map). 2)Buffehr Creek Outdoor Landscaped 1.1 This is an existing park Park, Lots 40 & 34 of Recreation park Buffehr Creek Subdivisions 3) 2900 Manns Outdoor Booth Creek 3.06 This is an existing park _ Raneh Rd, Lot 11, Recreation Park Block 1, Vail Village 13 3 4) Tract B, Vail NAPD Riparian 3.89 This is a high quality Village 13`h Filling Area/Booth riparian area and 100 - Creek year flood plain. 5) Unplatted land NAPD Undisturbed 4 There is possibly 1 acre south of Main Gore Lodgepole and of buildable area on this Drive, County Parcel meadow site number2099-182- environemnt, 00-002; 5176 Main upland Gore Drive. wetlands. VI. STAFF RECOMMENDATION: The five properties identified above meet the necessary criteria and it is recommended that these properties be designated as open space. After a public hearing on October 7th, the Open Space _ Committee unanimously recommended the five properties identified in attachment A of Ordinance 32. These properties are owned by the Town of Vail and have appropriate open space zoning. The total acreage of these properties is approximately 14.75 acres. As the Open Space Board of Trustees has unanimously approved the abo8~e properties for designation as open space, the Vail Town Council must now consider an Ordinance to place the suggested properties in such designated status. A 3/4 margin of approval is required for passage of this ordinance. Staff would further recommend that in the future the format for Open Space Committee meetings include site visits to the considered sites and then an advertised public hearing. 4 ORDINANCE NO. 32 Series of 1999 AN ORDtNANCE TO DESIGNATE F1VE PROPERTIES IN THE TOWN OF VAIL AS OPEN SPACE AS PER SECTION 13.11 OF THE TOWN OF VAIL CHARTER (SEE EXHIBITS A) WHEREAS, the voters of the Town of Vail approved a Charter Amendment to create a process to freeze the zoning on properties that met specific criteria outlined in Section 13.11 of the Town of Vail Charter; and WHEREAS, the Town Council has approved an Open Lands Plan that included a provision to require voter approval before the use or ownership of a Designated Open Space parcel could be changed; and WHEREAS, the Town Council believes that it is appropriate to maintain open space . zoning on certain designated properties in perpetuity uniess, and until, a majority of the Town of Vail registered electors decided to remove the a Qesignated Open Space classification; and ~ WHEREAS, the Town of Vail Open Space Committee unanimously voted to designate all 5 properties in Exhibit A as open space; and, WHEREAS, the Town Council finds that the 5 properties in Exhibit A ineet the criteria outiined in Section 13.11 of the Town of Vail Charter. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1 The Town Council hereby finds, determines and declares that the propertiss identified in exhibit A will be designated open space. Section 2 The Town Councii hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vaii and the inhabitants thereof. Section 3 The repeal or the repeal and reenactment of any provision of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action 1 or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shai{ not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 4 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 repea?ed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 19th day of October, 1999. A public hearing shall be held hereon on the this 19th day of October, 1999 at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Bui4ding of the Town. Robert E. Ford, Mayor ATTEST: Lorelei Donaidson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 2nd day of November, 1999. Robert E. Ford, Mayor Al-T EST: Lorelei Donaldson, Town Clerk 2 Attachment A for Ordinance number. 32, Series of 1999 Property & Legal Zoning Natural Acres Remarks Descri tiun Features 1) Unplatted portion Outdoor Natural hill 2.66 This will be the site of a of the SE '/4 SE '/4 SE Recreation side new park and trail % SW %4 of Section . 11,Township 5 " South, Range 81 West, generally located on the north side ofArosa Drive, and butting Sunlight North to the east and the Town Manager's house to the west (see map). 2)Buffehr Creek Outdoor Landscaped 1.1 This is an existing park Park, Lots 40 & 34 of Recreation park Buffehr Creek Subdivisions 3) 2900 Manns Outdoor Booth Creek 3.06 This is an existing park Ranch Rd, Lot 11, Recreation Park Block 1, Vail Village , 13 i ` 4) Tract B, Vail NAPD Riparian 3.89 This is a high quality Village 13`h Filling Area/Booth riparian area and 100 Greek year flood plain. 5) Unplatted land NAPD Undisturbed 4 There is possibly 1 acre south of Main Gore Lodgepole and of buildable area on this Drive, County Parcel meadow site number 2099-1 82- environemrit, 00-002, 5176 Niain upland Gore Drive. wetlanus. . 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 l, 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) Comnensation. 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 Emplovee Particinates in Both a Defined Benefit and a Defined Contribution Plan of the Emplover shall be deleted. Section 5.2 Allocation of Earnin s Losses and Chanes 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 Earnin s Losses and Chanes in Fair Market Value of the Net Assets of the Trust Fund (c) shall be added as follows: (c) Snecial Rule When Invested in Dailv 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; Militarv 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 Emplovment 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 Oualified 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 401(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 welfaze 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 S`" day of October, 1999, and a public hearing shall be held on third Ordinance on the 19`h day of October, 1999, at 7:00 4RobeE uncil Chambers of the Vail Municipal Building, Vail, Colorado. ``cr ~ : _ ~ E~~' d, Mayor = t - ATTEST: ~0 LGRP~',~~~~'`, ~ ~ elei onaldson, 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. 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) Comnensation shall be amended as follows: (e) Comnensation. For the purposes of this Section 4.5, compensation shall mean compensation as defined in Section 2.6., provided that any taacable 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 Emplovee Participates in Both a Defined Benefit and a Defined Contribution Plan of the Em lo er shall be deleted. Section 5.2 Allocation of Earnings Losses and Chanves 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 wl2ich 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 Dailv 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 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; Militarv 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) Particinant 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)." In Section 8.3 Amendment or Termination of Plan and Trust A2reement (a) In General, the phrase "pursuant to the requirements of CRS § 31-3 0-621 " shall be deleted. Section 9.1 Transfers Between Oualified 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 401(k)(2)(B)(i)(IV). BI2B\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 Sth day of October, 1999, and a public hearing shall be held on third 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. G'F ,~O tii~ ~ _ E A L = RobertE. Ford, Mayor W ; , . ATTEST: OLCi;? •<'u: r,:; m::n;r,C:~» 7 L ei onaldson, 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\520841312449.01 t ORDINANCE NO. 29 , Series of 1999 AN ORDINANCE DISCONNECTING TFlOSE 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'/, Section 7 and the NW'/4 Section 8, Range 80 West of the 6th Principal Meridian, being more particularly described in Exhibit G. 1 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 S. 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. , . , ` ~ Lf • . : EA L = Robert E. Ford, Mayor ; ~ , C~ CO'L i 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 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 Mat2ager prepared and submitted to the Town Council a proposed long-range capita.l 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 15S 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 yeaz beginning on the first day of January, 2000, and ending on the 31 st day of December, 2000: FUND AMOUNT General Fund $16,803,915 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 2.064108 TotaI $43,364,035 Less Interfund Transfers (9,007,488) Net Budget $34,356,547 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 shali be made availabie to the public in the Municipal Building of the Town. Ordinance No. 25, Series of 1999 . 1 i I 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 af 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' day of October, 1999. A public hearing shall be held hereon on the 19r'' 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 READIIVG AND ORDERED PUBLISHED in this 19' day of October, 1999. Robert E. Ford, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 25, Series of 1999 2 ORDINANCE NO. 28 , SERIES OF 1999 AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS AND BUDGET ADJUSTMENTS FROM THE TOWN OF VAIL GENERAL FUND, DISPATCH SERVICES FL1ND, PARKING STRUCTURE FUND, HOUSING FUND, CAPITAL PROJECTS FLJND, REAL ESTATE TRANSFER TAX FUND, FACILITIES MAINTENANCE FLTND 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 COLTNCIL 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 $225,460 Dispatch Services Fund 48,500 Parking Structure Fund 274,142 Housing Fund 894,000 Capital Projects Fund (1,911,972) Real Estate Transfer Tax Fund 421,024 Facilities Maintenance Fund 5.065 Net Reduction in Appropriations 43,781) . 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 declazed invalid. 3. The Town Council hereby fmds, 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. INTRODI7CED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 5"' day of October, 1999, and a public hearing shall be held on this Ordinance on the 19'' 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:brinance9928 ' e • /1 Tou~v oF vArr, . 75 South Frontage Road . ~ Vail, Colorado 81657 970-479-2100 . FAX 970-479-2157 TM Memoimdm _ To: Town Council From: Christine Stouder ~ Date: 10/14/99 Re: 10/19/99 2nd Reading of 1999 Supplemental Budget Ordinance Attached is a summary of revisions made to the supplemental budget ordinance. New and revised amounts are shaded. There have been changes to 3 funds since the fust reading of this ordinance. The $59,000 increase in General Fund expenditures is lazgely offset by $56,000 of additional General Fund revenues including grant and reimbursements for services. Capital Projects Fund expenditure increases of $20,000 are a result of additional amounts needed for Library remodels. The newness of managing the expanded dispatch function has led to additional budget adjustments. Changes to the Dispatch Fund expenditures of $28,000 result from $17,000 in employee turnover costs and $11,000 in additional capital outlay. These expenditures are offset by revenue of $6,500. There is also a correction for bus overtime from the '99 Championships that we discovered had to be adjusted from several departments. The net effect on the General Fund for this correction is zero. z s S" ' ''A~n RECYCLEDPAPER 10/14/99 TOWN OF YA[L SCHEDULE OF REQUIRED 1999 SUPPLEMENTAL APPROPRIATIONS ' AND REVENUE ADJUSTMENTS ADDITIONAL REVENUE FUND (REDUCED) ADJUSTMENTS EXPLANATION DEPARTMENT 1999 INCREASE EXPENDITURE OR PROJECT EXPENDITURES DECREASE , GENERAL FUND: Revenues: Sales Tax _ __~305,500)_ Revised budget estimate Ski Lift Tax (400,000) Revised budget estimate ^ Franchisc Fee/Holy Cross 000) Revised budget estimate ^ Franchise Fee/TC[ 15,000 Revised budget estimate ~ Construction Permits _ (136,000) Revised budget estimate Plan Check Fees (Q,000)_ Revised budget estimate ~ PEC Variance Fees (22,00 Revised budget estimate ~ Count Sales Tax (6i,000) Revised bud et estimate ' - - Health (ns ct~on Contract 993 Increase in Sanitarian contract _ Qfhcr Siatc-Reveriues: ~ _ 26 000 - ~ _l.eaf~ant for 1999_ Other Federal Grants Bulletproof vest grant ECRTA Gypsum Route___ 2,277 Revised budget estimate ^ Miscellaneous Safes 1,500 Revised budget estimate Building Code Book Sales 1,000 Revised budget estimate ` Peace Officer's Ski Race _ (4,475) Revised budget_estimate - - Gypsum Route Fare Box , ~ TTT ^T~ ?,~Sg2~ Revised budget estimate Clianer Bus'Serv~cc ; _ u 23,0(l0 ....,Revisedbuil et estimate' ~ - ~ace Rentals 4,224 Revised budget estimate ~ ~ ~ - - - - - - Police M~scellaneous I 500 Revised budget estimate . , _ -77 Library Grants _ _ 1 ~QO(I Revised budgei estimate! Miscellaneous Insurance refund and prior ~ar dis~atch collections~ Pro ject Reimbursements/Shared Costs 31,025 General Fund portion of VVF -'99 Championships _ _ Other Federal Grants29,306)_ HIDTA grant bud eted throug- h December was cancelled 8/31/99 Police Miscellaneous 4,291 Revenue received for TIPS- artici ating agencies Town Ofticials and Admin. Services: - - Professional Fees _ 32,000 Parking demand study (pay in lieu) [nsurance_ 1,000 Extra helip Police ad insurance paid for'99 Cham~onships . ~ Qvertim c 7,Ipp Inorease for West Fest & cQrreet~on for'99 Ch$m_pionships w-~-- ; 77 Overtime _26,000 l.ea~ant far 1'9A9 Professional Development ~y 3, 18 1 Training for outside agencies reimbursement received from participating agencies~ Uniforms - - - 9,100 Bulletproof vest grant - - - ontingency_ (31,640) HIDTA grant budgeted through December was cancelled 8/31/99 - Su Qies_ TIPS booklets - reimbursement received from partici ating agencies _ - - - Capital Outlay Reclass from Dispatch fund - _ o ice Investigation Fund Fire: Increase to investigations account - O _ . vert~me 4 320 Reimbursement from VRI -m _m~ ~ - FireProtective.Clothing=.__: ildland_firef~hhnggear SUPPSUM.WK4 1 10/14/99 TOWN OF VA[L SCHEDULE OF REQUIRED 1999 SUPPLEMENTAL APPROPRIATIDNS AND REVENUE ADJUSTMENTS ADDITIONAL REVENUE FUND (REDUCED) ADJUSTMENTS EXPLANATION DEPARTMENT 1999 INCREASE EXPENDITURE OR PROJECT EXPENDITURES DECREASE ~ Public Works: Uvertime : 29,465 ' Inc~ease for West Fastcorzecfion to'99 Championshi~c amount Overtime (2,500) Reclassify secial events overtime to Facilities Fund ~Transit• - - - - PTOfess~o~ral Fees ~ _ g;$2Q _ Bus SPeed mo~titonngzrecru!ttri , funde db Bonuses y ~ncreased Charter Bus Iievenue - ' - - _ 11,136 Bus dnver bonuses Increase For West Fest; Charter Revenue,!and correction ta'99 Chamqionships Librar~~ 'I~ibrary Annual estimate- for grants'T~' 777977777 Contributfons• " - Skate Board Park 9,000 Funded by contribution of $8,000 Contributions 20,000 Contribution to Vail Community Chamber approved by Council 9/2 V99 Contributions 19,064 Lod m ualit InitiativeTask Force - lod in im rovements Contributions - - B Q- - ---~-~-p - - 15,000__ _ _Contribution ro VVTCB for West Fest SUBTOTAL - GENERAL FUND 225.460 (792,543) SUPPSUM.WK4 2 10h 4/99 TOWN OF VAIL SCHEDULE OF REQUIRED 1999 SUPPLEMENTAL APPROPRIATIONS AND REVENUE ADJUSTMENTS ADDITIONAL REVENUE FUND (REDUCED) ADJUSTMENTS EXPLANATION DEPARTMENT 1999 INCREASE EXPENDITURE OR PROJECT EXPENDITURES DECREASE CAPITAL PROJECTS FUND: Revenues: Sales Tax (244,500) Revised budget estimate CDOT Grants _ 2,000,000 Portion of $3,000,000 for roundabouts Miscellaneous Sales _ 16,700 Auction ~eeds for buses paid by CPF Interest 50,000 Revised budget estimate - Project Reimbursements/Shared Costs 22,700 Revised budget estimate--- Project Reimbursements/Shared Costs 20,000 Reimbursement from VRD_for_Hub_Site_ _Master Plan Expend(tures: Libr Buiidin Remodel - - - - - ~---P - 22( 5,000) Moved to 2001 - commum~y facihtx related Libracx,Work Area Remodcl ; 10 40, , Smalter rpn ect planned for remainder of 1999 l,ibrary ,000 wor Lcvei Canversion 10 _ ~ Con Lo vert old URD s ap Ce tp seascanal housing Community Development Remodel 25,000 ~ Amount to finish p%iect _ PBX System (200 000) Moved to 2000 Street Furniture Replacement 75,000 To fund newspa~ boxes - Vail Valley Drive (cost share with VA 25,000 Rollforwazd from 1998 Lionshead Master Plan _651000 Funds to design improvements - Utilities Under ounding_____ ! 25,000 Rollforward from 1998 ~ Land purchase JI,500,000) Taken off list ----J----- 1999 World Cham ip onships 35,414 To fund'99 Championship im~rovements Swiss House Pavers 45,000 Council approved Sipznage_ Project 1999 - - 80,000 Council approved-_- - ionsndgeStreetPro'~t - - - - - - - Underbudget--_ - - - treet Light lmprovement Project_ I5,114 _ Revised budget__ _ - - ep ace Buses _ 120,000 To fund 2 buses partially funded by grant__ - - - Facilit Ca rtal ---Y-p----------- 3Q000-- Fix roofon library.-- Hub Site Master Plan 101,000 Hub Site Master Plan approved by Council9/21/99 Phase I of network up~rade_ 65,000 Phase I of network u rade SUBTOTAL - CAPITAL PROJECTS FUND - ---------p~ - - - - (1,911,972) 1,864,900 SUPPSUM.WK4 3 ~ 10/14/99 TOWN OF VAIL SCHEDULE OF REQUIRED 1999 SUPPLEMENTAL APPROPRIATIONS AND REVENUE ADJUSTMENTS ADDITIONAL REVENUE FUND (REDUCED) ADJUSTMENTS EXPLANATION DEPARTMENT 1999 INCREASE EXPENDITURE OR PROJECT EXPENDITURES DECREASE REAL ESTATE TRANSFER TAX FUND: Revenues: Recreation Amenties Fees __~IOQ000) Revised budget estimate Other Federal Grants 18,900 Federal reimbursement from prior e~_ Interest 4800 0 Revised budget estimate Project Reimbursements/Shared Costs 35,073 RETT portion of VVF -'99 Cham ip onships and $6,500 from AIQne Gardens____ Landsca ing: - - Janitorial 500 This activit was under bud eted Miscellaneous Projects• - 40,000 This activiry was under budgeted Construction Services -'99 Repairs28,573 '99 Championship dama _ge paid from RETT_____ Alpine Garden Pledge _ 10,000 Contribution approved_December 1998 Ford Park Playground Improvements 200,000 [mprove playground in Ford Pazk Ford Park'99 Cham ionship Repairs 106,000 To fund'99 Championship improvements Donovan Master Pian Donovan Master Plan ap roved by Council 9/21/99 Property 5,951 - - Revised budget SUBTOTAL - REAL ESTATE TRANSFER TAX FUIYD 421.024 1,973 HOUSING FUND: . Revenues: Coin-Op Revenue 2,200 Revised budget estimate_ Interest budget estimate ~ Project Reimbursements/Shared Costs 15,000 Countywide needs assessment revenue ^ Rent [ncome 7,800 Additional employee housing units to be sublet to seasonals Damage Revenue I,000 Revised bud~et estimate ProJects• - - Construction 286,000 Estimated com letion for A-Frame to 12/99 Construction - - ------p - - - 577,000____ Estimated com letion for Arosa-Garmisch to 12/99 Rental Expense_ 9,000 p- - - - - Additional employee housing units to be sublet to seasonals Consultants - - - - - - - - ,000 County wide needs assessment e~ns_e_____ _ SUBTOTAL - HOUSING FUND: _ 894,000 42,000 DEBT SERVICE FUND: ' Revenues: Interest 6,000 - -Revised budpet estimate - - - - - - - - SUBTOTAL - DEBT SERVICE FUND 0 16,000 SUPPSUM.WK4 4 10/14/99 TOWN OF VAIL SCHEDULE OF REQUIRED 1999 SUPPLEMENTAL APPROPRIATIONS AND REVENUE ADJUSTMENTS ADDITIONAL REVENUE FUND (REDUCED) ADJUSTMENTS EXPLANATION DEPARTMENT 1999 INCREASE ~ EXPENDITURE OR PROJECT EXPENDITURES DECREASE r BOOTH CREEK BOND FUND: Revenues: Special Assessments 3,471 Revised budget estimate Special Assessments Interest &_Penalty 680 Revised budget estimate SUBTOTAL - BOOTH CREEK BOND FUND 0 4,151 PARKING FUND: Revenues: Village Daily Fees _ (93,100)_ Revised-budget estimate - - Lionshead Daily Fees _ 74,300 Revised budget estimate Parking_Passes 13,825 Revised bud eg t estimate - - - Value Pass Revenues (41,900) Revised budget estimate - - - - - - - - Special Parking Assessments_ _ Revised bu-dget estimate - - - - - - - - - - Interest _9,000Rev-isedbudgetestimate - - - - - - - - - - Late Interest and Penalties 1,000 Revised bud et estimate _ Parking Structure Leases ~ o - - - - - - - - - 5 Excess /o sales - - - - - - - CapitalOutla - - - - ' - - - - - - - - - Capital Outlay ----------274,142 ---New parking equipment-- SUB'f'OTAL - PARKING FUND 274,142 (81,200) HEAVY EQUIPMENT FUND: Revenues: Interest 5,000 -----Revised budget estimate Miscellaneous I,I50 Revised budget estimate ai Loss on Disposal of Assets Auction_ roceeds SUBTOTAL-HEAVYEQUIPMENTFUND 0 43,150 HEALTH INSURANCE FUND: Revenues: Cobra Insurance Pavments 8,500 Revised budget estimate _ SUBTOTAL - HEALTH INSURANCE FUND 0 8,500 SUPPSUM.WK4 5 10/14/99 TOWN OF VAIL SCHEDULE OF REQUIRED 1999 SUPPLEMENTAL APPROPRIATIONS AND REVENUE ADJUSTMENTS ADDITIONAL REVENUE FUND (REDUCED) ADJUSTMENTS EXPLANATION DEPARTMENT 1999 INCREASE EXPENDITURE OR PROJECT EXPENDITURES DECREASE r FACIWTY MAINTENANCE FUND: Revenues: Interest 8,500 Revised bud et estimate Pro'ect Reimbursements/Shared Costs 2,565 Bldg Maint portion of VVF -'99 Championships ~ Expendltures• - - Salaries ` _ 2,565 Bldg Maint portion of VVF -'99 Championships Overtime 2,500 _ _Reclassi special events overtime from General Fund SUBTOTAL - FACILITY MAINTENANCE FUND 5,065 11,065 DISPATCH SERVICES FUND: Revenues: Miscellaneous Revenue 21 90U Reuiibursement for hook u fees;and miscellaneous revenue~ Expenditures• - ~ „O,~p,erations 14 g~ ~OQ Pnmaniy recruitiM& overtime dunn trsinin 33;bQQ _ Additional e u~ ment furniture; and connections for inc reased~erations size SUBTOTAL - DISPATCH SERVICES FUND 48.500 21,900 ~ TOTAL ALL FUNDS (43,781) 1,139 896 SUPPSUM.WK4 6 RESOLUTION N0.14 . SERIES OF 1999 A RESOLUTION APPROVING THE LAW ENFORCEMENT ASSISTANCE FUND (LEAF ) CONTRACT # L-22-00. WHEREAS, the Vail Town, on behalf of the Vail Police Department, has submitted an application to the Colorado Department of Transportation, Office of Transportation Safety for funding a LEAF project for enforcement of laws pertaining ta the driving under the influence of alcohol or other drugs, pursuant to Section 43-4-401 through 404, CRS and to LEAF Rules at 2CCR 602.1; and WHEREAS, the State has approved an application and has prepared LEAF Contract which provides #21,000; and WHEREAS, the Town of Vail has the authority and responsibility to fund the Vail Police Department and to sign contracts on behalf of the Vail Police Department; and WHEREAS, a resolution by the Town of Vail formally approving the LEAF Contract and authorizing the proper signature to be affixed to the Contract indicating such approval is required by the State of Colorado. NOW, THEREFORE, be it resolved the Town Council of the Town of Vail, Colorado hereby approves the terms, condition and obligations of LEAF Contract and hereby authorizes: 1. The Town Manager to sign the LEAF Contract on behalf of the Town of Vail. 2. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, AppROVED AND ADOPTED this day of October, 1999. Robert E. Ford, Mayor ATTEST: Lorelei Donaldson, Town Clerk C:\RESOLU99,14 STATE OF C4LORADO DEPARTMENT OF TRANSPORTATION Office of Transportation Safety 4201 East Arkansas Avenue OT* Denver, Colorado 80222-3400 (303) 757-9462 (303) 757-9067 (fax) oerAnrHan or•rawnsMxrnnon E-Mail: Paul.Helzer@dot.state.co.us L-22-00 September 20, 1999 Sergeant Mike Bulkeley Vail Police Department 75 South Frontage Road Vail, CO. 81657 Dear Sergeant Bulkeley: The Colorado Department of Transportation has completed its review of Law Enforcement Assistance Fund (LEAF) applications for the year 2000. We had to cut nearly $1.3 million dollars from what was requested by the 45 applicants. The application from the Vail Police Department was approved for $21,000. I have attached a copy of the budget section of your application showing what was funded. In the next week or two you will get three copies of the contract, a resolution form and a cover letter outlining the process which needs to be completed by the City of.Vail. We will be conducting a 2000 LEAF Pre-work Managers' Conference to go over the contract requirements and give the representative from the Vail Police Department their copy. Please mark your calendars for: December 7, 1999 - 9:00 AM to 4:30 PM CDOT Main Auditorium 4201 East Arkansas Avenue in Denver Please give me a call at 303 757-9462 if you have any questions. ~ Paul S. Helzer State LEAF Administrator attachment ~ SEP-01-1999 WED 01:38 PM FAX K10, P. 06 C- 6EAF PERSONAI. SERVlCES VA PART LEAF Salaries L' Number of Position Base Pey eenefits Total u^its (Mo^ths, LEAF COST working the grarlt Total LEAF salaries I1-WMNW LEAF Overtime Position Dvertime retc Numb6r ot hours LEAF COST py • $3026 O ~.t p a t mRS Z A1-L Total LEAF overtlme PX4 I G~ LEAF Gantractuaf Services Contractor Services 1.EAF COST Colorado Departrnent of HCalth 6lood alcohol analys!s ($15 for each ~i8~ analysis, $1540) . ~ Total LEQF contractusii 5ervices $14M/~ 006 Total LEAF personat services (cocal of all mree sec;ions on thls page) / SEP-01-1999 WED 01;38 PM FAX N0, P. 07 . ~ PartD- LEAF OPERATING EXPENSES (Cost per unit under $3,000) Number pescriptton Of units Cost per unit LEAF COST Blood alcohol test kit 90 $3.60 $324 Postage to mai) blood alcoh0l test kits for anatysis 90 $3.67 $330.30 Mouihpieco for breath test 135 $_23 $31.05 Silica gel tube fo* br9ath test 135 $2.05 $276.75 Totai LEAF operating expense $8W 1 U Part E- LEAI= CAP(TAL EQUIPMENT (Cost per unit $3,000 or more) Numb6r Dsscripqon of units Cost per unit LEAF COST oar. 7otai LEAF capital equipment , Part P- LEAF TRAVEL AND SUBSISTENCE Purpase LEAF C05T Total LEAF travel and subsistence $ SEP-01-1999 WED 01:39 PM FAX N0. P. 08 PART G- LEAF BUDGET SUMMAFiY (categary tatals trom Previous pages) Cost Category LEAF COST Personal Servtces ~ ~O QO O Operating Expenses $W f Qc) D Capital Equipment $B#dpw Travel and Subsistence $ ~ Total LEAF Funds Requested O Q O ~ PART H- EVALUATION: Evaluatlon and reporling requiremeMS wilt be incorporated in the contract. PART I- LEAF PROJECT CONTACTS 1, Project Responsibility 3. ProJect payments mailed to Name Name Chiei Greg Morn$on ar his designee. Linda Wolz Address AddfeSs 75 South Fronlage Road 75 Soutlh Frontage Aoad Yaa, CO 81657 Vail, CO 81857 Telephone 970.479.2200 Taiephcna 570.479.2210 Fax 970,479•2216 F3u 970.479.2216 E-mail addrgss E-malt address 2. Accounting records responsibility 4. Correspondenoe mafled to Name Name unda Wolx Otficer Michee! 6ulkeley Address AddresS 75 Seuth Frvnlage Road 75 Soulh Frornage fioad Vail. CO 81637 Vali, C,p 81657 TelephOn9 97Q•479.2270 Telephone 970,479.2200 Fex 970,4792216 Fax 970.479.2216 E-mail address . E-mai{ address APpROYED AS WRITTEN APPROVED WITH MOQIFICATIONS DISAPPROVED State LEAP Administrator ~ Dafe ~ ^ 6 . DEPARTMENT OR AGENCY NUMBER: L-22-00 CONTRACT ROUTING NUMBER: CONTRACT THIS CONTRACT, Made this day of , 199_, by and between the State of Colorado, for the use and benefit of the Colorado Department of Transportation, Office of Transportation Safety, 4201 East Arkansas Avenue, Denver, Colorado 80222 (hereinafter referred to as "the State") and the City of Vail, for the Vail Police Department, 75 South Frontage Road, Vail, CO. 81657 (hereinafter referred to as "the Contractor"). WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 403, Appropriation Code 307, ORGN 0858, Contract Encumbrance Number 9586, FEIN# 84- 0571385 and GBL WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, the Legislature has created the Law Enforcement Assistance Fund (LEAF) for the prevention of drunken driving (43-4-401 through 43-4-404, CRS, replacement edition); and WHEREAS, LEAF has been established to provide funds to aid in the prevention of drunken driving and the enforcement of laws pertaining to driving under the influence of alcohol and drugs; and WHEREAS, pursuant to §43-4-404, C.R.S., the State is authorized to allocate LEAF funds by contract to local authorities (cities and counties) to benefit the health and safety of persons in Colorado by the implementation of local programs developed by the local authorities for drunken driving prevention and law enforcement improvements; and WHEREAS, the Contractor has submitted a LEAF project funding Application, which has been approved by the State; and WHEREAS, the Contractor has established a qualified program, consistent with current State Highway Safety rules at 2CCR 602-1, to coordinate efforts to prevent drunken driving and to enforce laws pertaining to driving under the influence of alcohol and drugs within its jurisdiction; and WHEREAS, the Contractor has available the technical ability to properly perform the project as described in the Approved Application and to address the LEAF objectives of the Legislature; and WHEREAS, this Contract is executed by the State under authority of 29-1-203, 43-1-106, 43-4-402 and 403, and 24-42-103 CRS, and by the Contractor under sections 29-1-203 and 30-11-101, 31-15-101 CRS or home rule charter, as applicable, and the attached resolution. Page 1 of 7 Pages . NOW THEREFORE, it is hereby agreed as follows: 1. The Contractor's Approved LEAF Application, the LEAF Contract Management Manuai dated August 1, 1992 and LEAF Application Guidelines dated July, 1992, the State Highway Safety Rules at 2CCR 602-1, and Attachments A, B and C are incorporated herein by this reference as terms and conditions of this contract. The Contractor acknowledges that it has received copies of the LEAF Contract Management Manual, the Application Guidelines, and the State Highway Safety Rules. The Contractor shall comply with all terms and conditions of this Contract. In the event of a conflict between the terms of this Contract and the terms of the incorporated materials, the following priority shall be used to resolve such conflict: A. State Highway Safety Rules; then ' B. LEAF Contract Management Manual and Guidelines; then C. This Contract; then . D. Attachments A, B, C, in that order; then - E. Approved Application. 2. The Contractor shall carry out the program and shall perForm the activities which are specifically described in the Approved Application and are generally described in Attachment A(collectively, "the project"). 3. The Contractor shall submit quarterly reports to the State detailing the performance of this Contract according to the reporting criteria described in Attachment B. 4. Project Funding Provisions. The total budget amount authorized by this Contract for the actual costs of the project work is $21,000, as described in Attachment C. The State shall participate in the payment as provided herein. State's maximum (from LEAF) $21,000 TOTAL AMOUNT $21,000 The State shall use LEAF funds exclusively to pay for the actual costs incurred by the Contractor for the project work up to the State's maximum. If the Contractor incurs project costs which exceed the Attachment C budget amount without first obtaining an approval in that amount by written contract amendment, the Contractor shall be solely responsible for the payment of such excess costs. The State budget amount will be provided solely from LEAF funds. Any obligation of the State under this Contract is contingent upon LEAF funds being available for this Contract. The State will pay the Contractor for actual costs incurred on a quarterly basis, subject to prior review and approval by the State of work perFormance and pursuant to payment procedures contained in the LEAF Contract Manual. The Contractor shall maintain an itemized accounting of all billings and other records to support all costs charged to the Contract and shall present same to the State upon request. 5. The effective date of this contract shall be the date the Controller of the State of Colorado approves this contract, or such later date specified herein. The Contract shall begin January 1, 2000, and shall terminate on December 31, 2000. Page 2 of 7 Pages . " 6. The Contractor agrees that any subcontracts entered into by the Contractor under this Contract must meet all applicable State and Federal requirements and must be approved by the Office of Transportation Safety prior to execution by the Contractor. 7. a) Termination Due to Loss of Fundin . The parties hereto expressly recognize that the Contractor is to be paid, reimbursed, or otherwise compensated solely with certain funds provided to the State for the purpose of contracting for the services provided for herein. Therefore, the Con- tractor expressly understands and agrees that all its rights, demands and claims to compensation arising under this Contract are contingent upon receipt of such funds by the State. In the event that such funds or any part thereof are not received by the State, the State may immediately terminate this Contract. b) Termination for Cause. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner the obligations under this Contract, or shall violate any of the covenants, agreements or stipulations of this Contract, the State shall thereupon have the right to terminate this Contract for cause by giving written notice to the Contractor such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports of other material prepared by the Contractor under this Contract shall, at the option of the State, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materiafs. Notwithstanding the above, the Contractor shall not be relieved of liability to the State for any damages sustained by the State party by virtue of a breach of the Contract by the Contractor, and the State may withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the State from the Contractor is determined. c) Termination for Convenience. The State may terminate this Contract at any time that it determines that the purpose of the distribution of monies under the Contract would no longer be served by completion of the Project. The State shall effect such termination by giving written notice of termination to the Contractor and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. 8. The Contractor shall adopt a resolution substantially in the form presented by the State, which approves this Contract and authorizes a signatory to execute this Contract. A copy of such resolution shall be attached to and made a part of this Contract. 9. The contractor shall perForm its duties hereunder as an independent contractor and not as an employee. Neither the contractor nor any agent or employee of the contractor shall be, or shall be deemed to be, an agent or employee of the state, and they shall have no authorization, express or implied, to bind the state to any agreements, settlements, liability, or understanding except as expressly set forth herein. The contractor shall be responsible to the state for the ultimate results of perFormance required hereunder but shall not be subject to the direction and control of the state as to the means and methods of accomplishing the results. The specifications in this contract of particular performance standards the state deems essential to proper performance and contract value shall in no event be deemed to alter this relationship. Contractor shall pay when due all required employment taxes and income tax withholding, including all federal and state income tax on any moneys paid pursuant to this grant contract. Page 3 of 7 Pages The contractor shall provide and keep in force worker's compensation (and show proof of such insurance) and unemployment compensation insurance in the amounts required by law, and shall be solely responsible for the acts of the contractor, its employees and agents. The contractor acknowledges that contractor and its employees are not entitled to the benefits of worker's compensation insurance or unemployment insurance unless the contractor or a third party provides such coverage and that the state does not pay for or otherwise provide such coverage. 10. The Special Provisions are attached hereto and hereby made a part hereof as terms and conditions of this contract. 11. Pursuant to CRS 24-30-202.4 (as amended), the state controller may withhold debts owed to state agencies under the vendor offset intercept system for: (a) unpaid child support debt or child support arrearages; (b) unpaid balance of tax, accrued interest, or other charges specified in Article' 22, Title 39, CRS, unpaid loans due to the student loan division of the department of higher education; (d) owed amounts required to be paid to the unemployment compensation fund; and (e) other unpaid debts owing to the state or any agency thereof; the amount of which is found to be owing as a result of final agency determination or reduced to judgment as certified by the controller. Page 4 of 7 Pages ' IN WITNESS WHEREOF, the parties hereto have caused the foregoing contract to be executed by their duly authorized officers the day and year first above written. STATE OF COLORADO City of Vail BILL OWENS, GOVERNOR Contractor: Position: Mayor By: Tom E. Norton Contractor: Executive Director Position: Chief Colorado Department of Transportation By: APPROVED AS TO FORM: TOM E. TALMADGE Director of Staff Services Colorado Department of Transportation City of Vail Attorney ATTEST ATTEST City of Vail Chief Clerk Clerk Colorado Department of Transportation APPROVALS FOR THE STATE CONTROLLER KEN SALAZAR Clifford W. Hall Attorney General By: By (WAl VED ON 4-17-98) GEORGE MCCULLAR, Controller BARRY B. RYAN Colorado Department of Transportation Assistant Attorney General Civil Litigation Section Page 5 of 7 Pages _ SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1. This concnct shail not be deemed valid antil it shall 6ave becn approvcd br the Ca?troller of the Sate of Colorado or sue6 assistant as Ae may daitnate. 7'Ais provision is applicable to any convact invoiving the payment of money by the Snte. FUND AVAILABILiTY 2. Financia) obliEations of the Sute of Colondo payable after the turcent fiscal rcar are coetinaent upon funEs for thst purposc bein= appropriated. budjetcd. aod aherwiie made available. BOND REQUIREMENT 3. If this conuact involves the payment of more thaa fifty thousand dollan for the coestruction, erection, rcpair, mainteaantt. or improvemeat of sny lwildieg. rosd, brid6e. viaduct, tuanel, exeavation or other public work tot this Sate, the contraaor thall, before entering opon t!?e perforaance of aay sueA wotk iaeluded ia this eoattu4 duly exeente and deliver to the State offcial who will sibn the eontraet, a Eood aad sufficien[ bond or otAa atteptsple sutety W be approved by said official in a penal sum not less thaa onc-6alf of the toul amount payable by the ternu of Wis conaam Such boad shall be dolr exeeoted by a qualified eorporate wfety eondicioaed apon the [aithlul peifoRaaaoc o[ the eoatcaet and ia addieioa, sAall provide thae i[ tAc eonecsecor oc his wbeoatraetoa tail w dalr pa7 toc an;r labor, matcri:ls. team hirc, sustenancc, pmvisions, provendor or other supplies uud or eonsumed br such eontractor or his snbeoauaaor ia performsnee of the wrork conaacted to Pe done or fails to pay anv petaon who supplies reetal machinery, tools, or equipment in the proxecution of the worlc the surcty will pav the same in an amount not eacecding the sum speeified ia We boad, to6ether with incercst at the nte of eiEht per cent per anaum. Ueless weA bond.it exetuted. Aelivercd and filod. oo elaim in favor of the contraetor uisin; aader snch contnct shall be audited, allowed or paid. A eertified or eashier's eheek or a bank moaey otder paraWe w dhe Trcasunr of tAe Snte of Colorado may be aeeepted ia lieu of a Eoad. This pmvisioa it in eompliaace with CRS 38-26-106. INDEMNIFICATION 4. To 1be extent anthorized by law. tLe toutnctor shall iodemaify. uve, aod hold 6umless the Stam its employea aad ateats. saainst aoy aod all elaims. . damaEes, liability aod eourt awrards ineludiaa oosts. axpeasm and anoraer tees iacnrred as a eesnit of anr act or omissioo by the oonaactor. oc its employoes. aaests. wbcontraetom or assiaoces pnssoant to the taws of t6is eoatraet DISCRIMINI[TION ANID AFFIRMATIVE ACTiON S.'ILe aontraeta aEeees to oompy with We kuu aod spitit of the Cotocado Aatidisaimioatioa Aa of 1957. as ameoded. and otLer +Poiabie !aw Rspeaiue diacrimma8on .na mrajr aaploymeoe vaeaoes (e:RS 24-344o2), .od ss reqaired br Ex«nwe orda Fqoal oppwamih .aa Atfumative wetioa a.cea Apiit 16. 1975. rwsMOat thtnto. Nu followina proristoas skaft bc eoataFned Ge al[ State eontrueu or snb-eonooets. Duriag the paformance ot ttus oonaam the ooauacta agrees as follwvs: . ' (a) The eonuaetor wi81 not discciminate aaainst aay employee or appliant fos employmeat because of ram eroed. color. oational origia. sex. IDilltil ftitllS. tClt$Im a10estry. -l Or phytlCtl bandicaP~ OC age. The OOOQaClCt Nln WoC iffttnf4w wWGR q Wm tm[ appliqtlti m empb'y4 iAd Imt emPioyoes we LKated dtmg emPloyme+s. witbm aEad W Ibe above meatiooed dwaemnsba. SuCh action sfiall bleWdo. bat Oot bC 6mifed q 16C toIIO'wiv pmooymew upgmdin& demoopn. ar transfa. ranatmeac or rernnmKac advaosings: bp-0Hs or tamimaaas; eroes of pay a aha fams of oompasium md selation for srainun& includinb Wmndocsbip. T6e oooaaccor a8recs; to Post in coWicuous Placm available a eaiployees ad applicants ta employmrat. no6ca to be provided by the coatraaiaE ot5ca sating torth prorisiau of tLis aon-0isaimiaaaon elaiae. (b) The coaaactor will, in aU solieitatioos ar advertisanents for employea placed by or on befialf of the contraator, snte tbat all qualifud applicants will receive eonsideration tor emptoymeot wnthont rcaud to nce. ereed. color. auianal origin. sex. marial satus. oeliEiao. aooestrY• meanl or physieal6andiap. or age. (e) The eontraccor will sead to each labor aoioa or repraentative oi worlcers wich wdieh he has a eolkctive bargainiag aEroement or ot6a eoauaa a wAersnading. naice co be provided Dy the connac[ing offiou. ad.ising the labor nnioa or workers' repraenadve of the conautor's eommiuueac aodu the Ezeeutivc Order. Eqwl Oppatuaity wd At'tusnacive Actiati. dued Apsil 16.1975. and of the tula. nLtuluiau. and `ckrant Orders of We Govecnor. (d) The connacta and labor unians will furaish all infortnation and tepats requircd by Ecetutive Order. Eqwl Oppoecunity and AfFirondve /letioa d April 16. 1975. and by the ruta. regulations aM Orders of the Governor. or pucswnt thereto. aad wiU permit aocat w lus books. reoords. aad aaounts by tie eontraainE aaency and t1x offiee of ebe Govemor or his designee for purpoaes of investigation to ascertain eomplianoe with such rula. oeanlatians and ocde+'t. (e) A labor otganiutron will not ezclude any individual othenvise qualifted from full membership rigAu in such labor organizaeion, or ezpel any such iadividual trom membership in wch labor organizatioe or discrimieate aitainu any of its members in the (ull rnjoymem of work opportwuty bocause of nce. era& tokr. sex, national origin, or unceury. . (n A labor or~tanization, or the employees or memben thercof will noc aid. abec. ineite, compel or ooerce the doiag of any act dcfaned in this Conttan w be discriminatory or obstruct or prcvent any person from eort+plyiag with the provisions of this contract or any ordu iuued thereunder: or utanpt. eitha diratly or indiratly. [o commie any aa defined in this eonvact to be discriminatory. Feem 6-AC-038 Revised 1/93 395-53-01-1022 pagc1_ of ,2_ pafcs •(g) In the event of the contnctor's non-compiiance with the eon-diurimination clauset of this contnct or with any of such tules, regulations, or ordets, this contncc may be canceled. terminated or suspcnded in w•holc or in patt and the contrac[or may be dcclared ineligible for funher State contracts in sccordance with procedures, authorized in Executive Order, Equal Opportunity and Affirmativc Action of April 16, 1975 and the rules, regulacions, or orders promulgated in accordance thercwith. and such other sanctions as may be impoted and rcmedies as may be iovoked as provided in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, or by rules, regulations, or ordea promulgated in accordance thetewith, or u otherwise provided by law. (h) The contractor will include the provixions of paragraphs (a) through (h) in cvcry sub-concraci and subconcracior purchase order unleu e:empted by rules. reEulations, or orders issueA pursuaat to Ezecutive Order. Equal Opyonunicy and Affirmaiivc Accion of Apri! 16, 1975, so that such provisions will be binding upon each subeomractor or vendor. The eontnctor will akc such action with respect to any sub-eontracting or purchau order as the convaeting agency may dircct, as a means of entorcing such pmvisions. including sanctions (or non-compliance: provided however, that in the event the eontnetor -4ecomes involved in, or is threatened with, litigacion, with the subcontractor ar vendor as a result of such direction by the contraeting agenty. the eontnnor jnay rcyuest the Sute of Colorado to enter into such litigation to protect the interest ot the State of Colondo. _ COLORADO LABOR PREF£RENCE tu. provisions of CRS 8-17-101 & 102 for preference of Colorado labor arc applicable to this contnct if public works wiehin the State ue uodenakeo Aereunder and are finuued in whole ot in part by Siate funds. b. When a construction contnct for a public projett is to be awudeO to a bidder, a resident bidder shall be allowed a preference against a non-rcsideat bidder from a<tate nr f..reign country equal to the prcference given c+: requircd b}• the suie or (orcien coumrv in which the non-rcsident bidder is a rcsident. If it is detetmined Dy the ofticer Kcponsible for a..•a:dinF the bid thsc eomplience with :hi. +ubscc-fiun .lM may rau.c venu: oi kderal fcnds which would othcrwise Ee a.•ailable or urould atherv+ise be inconsistent witA rcquirements of Federal law, this subsection shall be suspended, but only to the extent necessuy to prevent denial of the moneys or w eliminate the inconsistency with Fedrnl requircments (CRS 8-19-101 and 102) GENERAL 7, The laws of the State of Colorado and rules and reLtuluioas itsued pursuant thereto shall Oe applied ia the intetpretation, uecution, and eaforcement of tdis eonaact. Aay pivvisioa of this eonvut whetber or uot irteocpocatcd herein by refeeeaee whieh providu for arbitrarion by any extra judieial body or penon or a6ich /f OWCfMIItC 10 COIIIIICI MIfII fild IiWt, rules, and rcguluians s6al1 be considercd nnll and void. Not6iag coatained ia any provision incorporated bereia by refer;oee wrhieb purports to aeaate this or any other spoeial provisioa ia whok or in part s6a11 be valid or eaforcuble ot availabk ia any aetion at law w6ettrcr by wny of eomPlaiat, defence, or othrnvise. Any provision •readaed nnll and void by the operation o[ this provision wiU not iavalidau the cemaiader of this eondaec w the exteat that dK eonaaa is capable of sxecution. E. At all times darinE We paformaaee of this toatnet. the Convxtor shall strictty adherc to all appliubk foderal and stsrc laars. rulm aod reanluioas thas Oave beeu or may hereafter be established. . 9. The signatoria aver that they are famiGar with CRS 18-8-301. a. seq.. (Bribery and Comipt 1nAuences) and CRS 18-8-401. e.t. soq.. (Abuse of Public Offioe). and that no valatioa of suc6 provisions is present. 10. The siEnatocies wer t6at to tbeir kaowkdEe, ao sate employte lias any peaonal or beaeficial intercst w6atsoever iu the suviee or property dauibed berein: W'iTNFSS WHEREOF, the parties lrcreto have execnted this Coatract on the day tirst above writun. Convacto . (FuN Legal Nart?e) . STATE OF COLORADO ROY ROMER, GOVERNOR By •c EXECUTiVE CiOR p~ition <rtk> . soeiil seeouy Nwnber « Fesenl LD. t+ne0er DEPARTMENT 1t Corpontion:) OF Atteat 1Seall B7 • Curpon~s Seereury, or Eqa'walmi. TmrNCiry nry Clerk APPROVALS ATTORNEY CEhER COfv7ROLl.ER By as Form 6-AC-03C Revised I93 p~~ 2 whieh is the 1a<t uf_Z pages • 3"-51-0I -1030 COLORADO DEPARTMENT OF TRANSPORTATION LEAF CONTRACT ATTACHMENT A LEAF OBJECTIVE PLAN LEAF project # L-22-00 Responsible Agency Vail Police Department Contract Period 1-1-00 through 12-31-00 Project Coordinator Sergeant Mike Bulkeley LEAF Objective: L-22-00: To increase and improve the enforcement of the laws pertaining to alcohol and drug related traffic offenses within the City of Vail by perForming the activities described in the Approved Application and summarized below. Activity # Activity Description 1 Provide officers through out the term of this contract to perform DUI/DRE enforcement duties and activities within the City of Vail as stated in the Approved Application. 2 Conduct at least TWO sobriety checkpoints or saturation patrols during 2000. This can be in cooperation with a nearby agency, the State Patrol or solely by the Vail Police Department. 3 The Vail Police Department will be actively involved in CDOT's DUI enforcement public awareness campaign by participating in the joint efforts. This includes, but not limited to, obtaining media interviews and media outreach, hosting media ride alongs and similar activities. The Vail Police Department will report back the requested data to CDOT by the specified times. 4 Make all reasonable efforts to increase the DUI alcohol and drug related arrests within the Vail Police Department by 8% from the 1999 level. COLORADO DEPARTMENT OF1'RANSPORTATION LEAF CONTRACT ATTACHMENT B LEAF REPORTING CRITERIA [LEAF Project # L-22-00 - Vail Potice Department 1). Each quarter the Contractor shall submit a report to the Office of Transportation Safety in accordance with the LEAF Contract Management Manual. The Quarterly Reports will state all activity accomplishments as required by Contract Number L-22-00 during the reporting period. The Vail Police Department will use the provided LEAF Grant Manager software package when compiling data and submitting the required reports. All recipients are required to use the software so the Colorado Department of Transportation can better manage the statewide LEAF program. 2). No payment for cost incurred during the reporting period will be reimbursed by the Office of Transportation Safety if such Quarterly Reports are not current or are not compiled using the LEAF Grant Manager software program. 3). Upon completion of all LEAF activity the Vail Police Department will submit a Final Report in accordance with the LEAF Contract Management Manual. COLORADO DEPARTMENT OF TRANSPORTATION LEAF CONTRACT ATTACHMENT C LEAF Project # L-22-00 - Vail Police Department REVENUES TOTAL LEAF Funds $21,000 EXPENSES Category LEAF Funds Personal Services $20,000 Operating expenses $1,000 Capital equipment $0 Travel expenses $0 TOTAL $21,000 S I ~ Iy TOWN OF YAIL ~ ~ O,~ce of the Town Manager • 29 75 South Frontage Road Yail, Colorado 81657 . 970-479-2105/Fax 970-479-2157 MEMORANDUM TM TO: Vail Town Council FROM: Robert W. McLaurin, Town Manager DATE: October 15, 1999 SUBJECT: Town Manager's Report Bright Horizons Lease Attached to this memorandum is a photocopy of the section which addresses the Bright Horizons space at the City Market complex. As indicated in the attachment, the lease provides that City Market will rent the space far the cost of maintenance, utilities, etc. for a five year period. This initial five year period commenced on November,1995 and will terminate November, 2000. The lease provides that at the end of first five year period that if the Town of Vail continues to provide land for the day care operation at a nominal rent, the day care component rent shall not exceed taxes, insurance, utilities and maintenance costs for a second five year period. The lease goes on to provide that at the end of each five year period a similar review shall be made, as was made at the end of the first five years of the lease. The lease also provides that at no time shall the rent exceed fifty percent of comparable leases in the facility. I spoke to John Caldwell this week regarding modification of the lease to accommodate a community room/public branch library. Mr. Caldwell indicated that they would be willing to modify the lease to reflect that they would essentially give us this space for the cost of maintenance, utilities, etc. (approximately $10,000 annually) for the next ten years. At the end of the ten year period a rental rate will be negotiated and agreed to at that time. If this is acceptable to you please let me know and I will ask Tom Moorhead to draft the necessary changes to the lease agreement. The Old Sewer Plant As we have discussed on several occasions the Upper Eagle Valley Water & Sanitation District desires to acquire a portion or all of the old sewer plant site on the South Frontage Road. They have prepared an appraisal and we have begun initial discussions to address this issue. The Water & Sanitation District is interested in acquiring this property in. order to provide additional sewer capacity for properties east of the plant. It is the Water District's desire to initiate construction next spring. , RECYCLEDPAPER UPCOMING MEETINGS 10/26/99 WS PEC/DRB Report (w/VVI update) Disc. re: 2 year budget process 11/2/99 WS 11 /2/99 TC 2°a read Ord. 31, re: Ptarmigan Road 2°a read Ord. 30, re: Rockledge Road 2 °a read Ord. 32, re: open space , ,/~t? / time of sale. Any purchaser from such assignee shall have the obligations set forth in Section 9 to sell such unit on the terms and conditions set forth in Section 9. E. Rule Against Pemetuities. It is intended that the affordable housing restriction of Section 9 remain in effect for a period of time which is no less than the applicable term of this Lease. Accordingly, the lives to be used to ~ Counc1 membe s, To t of Vail Mana;er Perpetuities shall be the lives of the current Vail To and Town of Vail Town Attorney plus twenty-one (21) years after the death of the last survivor of the now living descendants of such persons. F. Enforceabilitv. The restrictions in Section 9 shall be covenants running with the Residential Component and each unit thereof. Vail shall have the right of specific performance of Section 9. In the event of specific performance l~tige~onable attomeysr feesing party shall recover all costs and expenses, including such party s Section 10: Dav Care Component City Market shall rent the Day Care Component to a day care operator, which s~h~eSl not be City Market. Rent for the first five (5) years of this Lease shall not exceed t , insurance, utility and maintenance costs allocated to the Day Care Component. At the end of such five-year penod, if Vail continues to provide land o nlot exceed operations nominai charge, rent for the Day Care Component sha11 be set o . utility and maintenance costs allocated to the Day Care Component for the following five (5) years. Thereafter, at the end of each five-year period of this Lease, a similar review shall again be made as was made at the end of the first five-years of this Lease. If Vail continues to provide . land owned by Vail to day care operations for nominal charge, then rent as set forth above shall continue. At any five-year review,.if the conditions set forth above d bu~the r ntCch g d by Caty continue to rent the Day Care Component for a day care center, . Market shall not exceed fifty percent (50%) of rents charged by City Market for rental space in the adjacent commercial space of the Commercial Component excluding space rented or licensed to banks. At such time as City Market charges rent oeaho ~e Da C e Component, it shall . taxes, insurance, utility and maintenance costs allocat Y account for such rent in excess of such amounts and at such time as such portion of the rent equals the cost to City Market of construction of the Day Care C $1 0.0. Vail shall have he right at any time thereafter to purchase the Day Care Component for ri?ht at any time to purchase the Day Care Component from City Market at the cost to City :Viarket of construction of the Day Care Component. 10 M l. ToHWNN oF vArr, 75 South Frontage Road Vail, Colorado 81657 970-479-2100 FAX 970-479-2157 FOR IMMEDIATE RELEASE October 14, 1999 Contact: Bob McLaurin, 479-2105 Steve Thompson, 479-2116 Vail Town Manager Finance Director TOWN OF VAIL ANNUAL BUDGET PROPOSAL MAINTAINS SERVICES, INCLUDES PLANNING FOR FIRE STATION AND COMMUNITY FACILITIES IN 2000 (Vail)--The Town of Vail fiscal year 2000 budget, which will be considered for final approval at the Oct. 19 evening meeting of the Vail Town Council, maintains existing service levels and provides for $13 million in capital projects. While the $34.3 million budget proposal is balanced for 2000, Vail Town Manager Bob McLaurin says projections continue to show a deficit in the general fund beginning in the year 2001--assuming a new fire station is constructed--unless significant changes are made. "Unfortunately, some hard times could be headed our way unless we continue efforts to address this problem proactively," he said. The problem is caused by expenses out pacing revenues due, in part, to Vail's flattening skier base. More than half of the town's revenues are derived from sales tax, with 70 percent of it collected during the five months of the ski season. In response to disappointing revenue trends of the past several years, McLaurin announced a departmental reorganization in June which cut 10 full-time positions and trims the town's general operating expenses by approximately $500,000 annually. The cuts, which have already been implemented, focused on consolidation of middle management positions and were intended to cause minimal impact to the town's delivery of municipal services. "While we've dodged the bullet for 2000, this community will need to come together to make some critical decisions for (more) RECYCLEDPAPER R . ~ Add 1/TOV Proposed Annual Budget 2001 and beyond," McLaurin said. Unless sales tax collections show increased growth or new revenue sources are created, McLaurin says cuts in municipal services will be required and will likely be more visible to the public than previous reductions. Highlights of the proposed 2000 budget are as follows: 2000 Estimated Revenues estimated sales tax collections of $15.7 million, a 5 percent increase from 1999 budget . estimates; the Town of Vail sales tax on retail sales is 4 percent • estimated ski lift tax collections of $2 million, a 12 percent increase from 1999 budget estimates and representing a 5-year average of actual collections; the 4 percent ski lift tax is assessed on lift tickets for Vail Mountain and is used to help fund operation of the Vail transit system • estimated Real Estate Transfer Tax collections of $2.9 million, no increase from 1999 budget estimates; the 1 percent RETT tax is assessed on all transfers of real property within the Town of Vail except for deed-restricted housing • estimated property tax collections of $2.1 million, a 4 percent increase from 1999 budget estimates; the Town of Vail mill levy for 2000 will be established by the Vail Town Council in December • a reallocation of $250,000 in sales tax revenues from the Capital Projects Fund to the General Fund; this represents a 4 percent reduction in the Capital Projects Fund revenue from 1999 2000 Expenses • $11 million in projects funded by the Capital Projects Fund, including $5 million for construction of a new fire station; $250,000 for designing infrastructure improvements in Lionshead; $100,000 for design of streetscape improvements along West Meadow Drive; $200,000 for a townwide document imaging system; $350,000 for street maintenance equipment purchases; $250,000 for creation of a community room in the former Bright Horizons space above City Market at Vail Commons; $225,000 for remodel of the Public Library; $116,000 for design of a community facility at the Civic Center site in Lionshead; and $250,000 for vehicular and pedestrian wayfinding improvements • $2.8 million in park and recreation path maintenance projects funded by the Real Estate Transfer Tax fund, including $170,000 to master plan a park and other facilities on Donovan Park; and $1 million for development of a community park on a portion of Donovan Park's lower bench • $1.1 million ($100,000 net subsidy) in the town's housing program to continue the "buy- down" of housing units on the free market; once purchased, the units are deed-restricted and resold to qualified buyers at a reduced price for a total annual program subsidy by the town of $100,000 • approximately $300,000 to offset continuation of the Park Free After 3 program in the Vail Village and Lionshead parking structures • $720,000 in contributions to community agencies and organizations • $9.6 million for employee salaries, including an average adjustment of 4.5 percent . Programs and Services • provides for no new programs or new services (more) . , Add 2lTOV Proposed Annual Budget Staffinp • provides for 261 full-time equivalent employees, down from 271 full-time equivalent employees approved for 2000 in the 1999-2000 biennial budget The 2000 budget represents year-two of a biennial budget process. Preparation of the biennial budget for 2001-2002 will begin during the summer of 2000. For more information on the Town of Vail budget approval process, contact McLaurin at , 479-2105 or Finance Director Steve T-fiompson at 479-2116. 4 • ~ ~ ~ . County balances budget, wlll . su mit:to com.rnlssloners today' . By Randy Wyrick Daily Swff Wricer - Eagle County Administrator Jack - " ? Ingstad today will submit the coun- - ,i. ty's balanced budget for fiscal year 2000 to the Board of County Com- _ missioners. _ The total budget for all funds is $62 million in projected revenues, with expenditures also totalling $62 million, including ECO and a$5.6 million ailport b ant. In PreParing the budget, InQstad b : , said it requires the county to live within its means while still maintain- ing its current service levels. No new employees will be added who•are - ~ - paid from the county's general fund, and county administrators have • f~ _ - - placed a hiring hold on several exist- ing approved, but unfilled, positions. "Sheriff A.J. Johnson was a sig- - - nificant player in balancing our fiscal year 2000 budget," Ingstad said. "He Daily file photo released nine FTEs (full cime equiv- The Eagle County Board of Commissioners broke ground for.the alenc posi[ions), all funded by grancs, new maintenance facility recently. and currendy unfilled positions." Ingstad said the Assistant County The rotal number of county percent the next. ~Administrator position also remains employees was reduced by 12.4 full- ¦ In the past few years, the coun- . unfunded. County Engineer George time positions, to a total of 354.22 ry has spent some of its fund balances ' Roussos has agreed to fulfill part of excluding ECO, which anticipates 53 to cover operating losses. By the end'-' the assistant administrator duties full-time employees. of the current fiscal year, the county until funds become available for the Budget Highlights: will have spent close to $13 million. position. ¦ The county's assessed valua- in fund balances, leaving it at or "It was my goal to match general tion has grown 17 percent, to below its desired 15 percent in fund operating expenditures to oper- $1,569,972,780. The assessment for reserves. ating revenues," said Ingstad. "I am 1999 new construction is County departments submitted ~ pleased to report this budget contains $42,503,730. more than $7=1 million in budget a positive general fund operating bal- ¦ The budget ca]culates a 6 per- requests. Durins the budget process, ance of $111,175." cent increase in property taxes to [hey had to cut more than $12.8 mil- The $22 million in projected gen- $10,855,330 in 2000. lion from their wish lists. . eral fund revenues is matched by an ¦ A 5 percent increase in sales tax "Reducino more than $12 miilion identical $22 million in expenditures. revenue is calculated, makin_ the was not an easy exercise." said The largest chunk of that goes to per- projected total $12,862.530. In2stad."It took more than six weeks sonnel, at 58 percent (or ¦ Since January, sales tax to accomplish our goals." $13,129,795), and purchased ser- receipts have fluctuated wildly, up 20 Raltdv 6VYrick c-oi-ers Eagle vices at 24.74 percent ($5,530,092). percent in one month, and down 17 CnuntY and the Tovrii of Gipstrm. .-q]YI' BY : EAGiE, CO ;10-10-99 ; 6:M ; 974 928 7247- 1/ 9 ' OFfICE OF THE COUNTY ADMINtSTRATOR « (970) 328-8604 FAX (470) 328-7207 JACK W. INGSTAD TDf] (970) 37R.8797 Adminiscracor Email: Eagleco@vail.net http: /Jvrww.eagle-counq.com EAGLE COUNTY, coLoRAao Octobcr 12, 1999 Eagle Board of County Commissioners . P.O. Box 850 F.agle, CO 81631 Honorable Chairnnan and Members of the Board: Pursusnt to Golorado State Law, I ptesent ta you Eaglc County's Hudbet fnr FY 2000. it will accomplish the following: • require the c:ounly to live within its means; • maintaia our current level of county %ervicss; . allow the Board flexibility in setting the prorerty tax mill levy • add no new employees fundexl by general fund dallars; • place a hiring hold on several existing approvcd unfilled positions; • create a capital improvement committee and criticul stdffing carnmiitee to prioritizc eapital projccts and staffing recommendationti to the Roard nf County Commissioncrs. • allows the county ta rcmain in a strong financial position this yr.ar and f.uture years BUDGET HIGHLIGHTS A detailed bucigel surnmary follows this letter. I am also providing each ['.qmmig4ioner a coPy nf the detailed budget on. green bar paper to allow each tyf you the opportunity for a line by line budget review. Eagle County Building, S00 Hroadvvay, P.O. Box 850, Eagle, Colorado 81631-0850 SElYI' BY: EAGLE, CO ;10-10-99 ~ 6:27PM ~ 970 328 7207- 2/ 9 - This detailed budget is also availa6le for public review ia the Financc office during regular business hours. Some of the more notablc items az+e highlighted bciaw; • No new employees were included (with the exception of the ECO budget which we trat in a sepatatc sumrnffiY) . • Total stsffmg aras ieduoed from FY 1999 by 12.4 FTEs to a tabl employee comt of 354.22 FTE excluding ECp , • Staff'mg for ECO is prnposed at 53 FTE . • A merit pool is budgeted at 3°/u of wagcs • Piur.hesed services demase-d bg? 5.69/0 • Thc Tree Farna governnlent facility and community center was fimded at $2,855;000 • • Thc Avan Annex Qffice purchase is fiwded at $1,297,314 • Dcsign/Conshuciion fbr Edwards Intersection is funded at $435,000 • Several county mad improveincnts are fmded in this budget REVENiJE5 Saiee Taz Eagle County's sales tax i~venucs have been strong for years. However, sinoe this Jsauary, saEes . tax rweipts have perfoaned L7ce a roller coaster, one month numbers 8re up 20 pcrcent and the very next month receipts 8re dawa 17 percent ovcr previous year acivsls. Sales tax gowth slo nt. . In this era of uncertain sales tax grawth, we are p,~ojecting a modest 5 mmt incressc in year 2000 sales tax collections. Sales tsac revenues in FY 2000 are estimated a# 512.862L530 (including ECO sales tax). Property Ta= The County's asmscd valtiation of cutrent progga hes own 17 p~ercent to $1,559,972,780. The assessod valuation for 1999 New Constzvction is $42,503,730. Pretirni»ary total assessod valuation for FY 2000 is S1 _612.476,5Il0_ 'I'hanks Ro an increase in the countY'S prOPertY tax base, the Board will have flexibility in sctting this year's propcrty tax millage rates. The Couaty's mill levy is currently set at 7.463. This bud$et is assiwiing a 6 percent increase in property tax revenues from current tatal rcvenue. FY 2000 county property tax revenucs are estimated at $10,855,330 in 2000. 2 - SF1Yf BY TAG.E, CO ;10-10-99 ; 6:27PM ; 970 328 7207- 9/ 9 Requested Ezocnditnr+ea Cotmty depa=ents and elected'vfficials tequesbed $74 835 732 in goenditures for fiscal year 2000. This nusnber did not include a pabential market salary adjustnent for county e.mployees. In prcvious years fimd balenccs were eued to coveR operating losm. Yn the last two yem' budgets, we spent or plan w spend close to $13 millioa of.our fund balancc. Fund balanccs arc now either at vr below the desired 15 percent reserves. • Gontol Fnnd Ogeratiom It was my goal ta match general fund operating expenditures to opcradng tevenues. The majur opportumities for reductions in this fvnd werc in thc catcgory of personneI services and parchased . services. I have Iisted a summary of expcnditures, am gLleascd td reoort t6ia budLe-t sontains a positive general fnnd opem.tinQ b2l2nca of SI l 1.1.75. General Fund Revenues: $ 22, 470,294 General Fund Expenditures 2 359119 . General Fuad Operating Haiance 111,175 Genera! Fund Expenditures -by category Personnel Services $'13,I29,795 58.75% Supplies 950,736 4.25% Purchased Services 5,530r,092 24.741/6 Building Matesials 7,000 0.03% Fixed Charges 515,625 2.31 % Debt 5crvice 0 0.001YO Csrants 8t Trdtlsfets 152,079 0.680/9 Intergovernmentel Support (N[otat Poo1) 1,987,957 8.900/0 caPital oudaY 75,835 0.340/a A summary of genertsl fund expenditures by Departnicnt and general fund revenues are includcd in thc aitached budget summary book. fludget Ructiona In ordet to Pnoritize funding for core services and balanve the budget, it s t more gm$12.9 million warth of spend•tng reductiotts from inihW budget reque, s. Although some of these reductions wete pain{ul fpr some departments and elected ofEcials, I believe they were pnident to restliet spending habits aad bring spending in liac with the realities of Eagle Crnmty's revenues. 3 =BY : EACdE, t,0 :10-10-99 ; 6:27PM ; 970 928 7207- 4/ 9- . , The giaund ruies for the spending redtctions were as follows: . . ~ a11 departrneats and cleCted officials tr+eated equally - including coimty commissioners and edministration; • a11 new programs eliminated; • no new personuel; . + employce merit 8nd hcaIth beucfits would aot be t+educxd; + ewployee incxntives centraiized in humaa resources to assiu,e equal beatment of employecs; • • business ttips, ttavel and training vvould be carefully sciutinined; • Coasultant services would be prioritiud and reducod; ~ capital purcloses approved on an immcdiata nccd bases; • capital projects with major public bencfit such as the Avon Anncx purc.hasc, Tree Faim, _ Edwards intersection improvements aad road pmjecxs would be given top priorrty in the + capital impe+ove~aent budget. Even with these rcductions, it was not possible to balance general fund revcnue;s to expenses . without additional reductions to personnel and tavel aud training. Hiring Hold Seueral appmpriated, but unfilletf, employee positions wec+e removed from the budget. They includc tbe Assistant County Adminisirator, Planning Technician, Building Inspcctar, Facility . Management Flaggers and Sheriff anployees. Hopefuily, these will be the first positions to be restored if our revenues exceed expectations. ' To pui this hiring hold in perspec6ve - let me review some of the cun-ent staffmg ievels ofthose depaitments th8t lost appropriated unfilled positions. Community Development has received a stalY'ing increase of 5.5 employees since 1998, bringing the department to a cucrent sfiaPfing lcvel of 32.3 F'I'Es. The FY 2000 budget funds ihe following . employees by division: Planning 12.5 . Building Inspections 125 Fnvimnmental Health 7.3 Total ' 32.3 FTE Sheriff A.J. Johnson was also a significant player in balancing our FY 2000 budget. He releasod 9 FMs - alI funded by grants and cumently unfilled positions. The Assistant County Adnunistrator position is also unfiinded. Although the.position is badly needed - George Roussoa has agreed ta continue in the mle of Acting Assistant County Administrator until ow reventte picture improves. 4 . SENf BY: EAGLE, CO ;10-10-99 ; 6:28PM ; 970 928 7207- 5/ 9 . . ' . Travel sna Training lluring the initial budget review significant r8ductions were mede to business trips, travcl and training. An additianal 1/3 across the board reduction was ncxssary to balance our operating budget. It is my hope the Board a?ill restore this 1!3 reduction if ow revenue collecdons improve. . Totsl BudW hll Funds . Revenues $62,044,660 . Expendihues 62,569,624 (includcs ECO and S5,682,651 Airport grant) CaM Fnward . Final andited numbers havc historieWly yieided a 10 to 12 percent of budset cany forwsrd. If this oocurs in FY 2000, the Board may wiah to revisit some ProIosed budSct reductions. Caoital Ezdi ures. - Exoenses Fimd Balance l 2-3 l-00 C.apital Improvement Fund $5,539,365 g2,770.467 Capital Fxpenditure Fimd 252,276 614,292 Aiiport Runway Improvements ' 5,682,651 n/a Hoard Prio 'ties , . I am pleased to repoit many of the Board's priorities are funded in thc FY 2000 budgct. They . include: • SeniarLvcworkoffpmgram $ 29,850 ~ Tree Farm govcrnmerrt facility $2,8557000 . • Avon Annex purchase 1,297,310 + Phone upgrades 44,000 • J$il locking sYstem 70,000 • DesignlConsttvction Edwards intersection 435,000 ' Risk numagement studY 15,000 Lad overlsys are fuuded for the Frying Pan Rivcr Road, Fendcr I.ane, Upper Cattle Creek, and Blue Creek as we11 as $ 100,000 for bridge work. 5 SMI' BY :EA(LE, CO ;10-10-99 ; 6:28M ; 970 928 7207- 6/ 9• Duc to revenue restrunts several important prnjecta remam unfunded; • • Youth grant Progzam s 50,000 • Frw snish crock $1,500,000 • Mintim rre pmt 25,000 • rrofile took 20,000 . . • soara/Adminisfttion copier 12,000 • xioh R=a copicr 86,000 • Emplayec Life Cycle Plan 472,648 • • Echibit hall repairs 200,000 • Planning consultanis 155,000 • Housing regulations consultant 50,000 + Road/Bridge sits housing consultaat 100,000 • Attorney office remodel 222,500 • CIFGA 100,000 • USGS Grant 75,000 Eagle County Maintenance Facility and ECO The ncw ]Eagle County joint maintenance facility center bas had a subetential impact on FY 2000 opcrational expenses for the entice organization. Fleet rental ydtes increased 30 peccent across the bosrd impacting the organization in the amount of $1,245,757. This increa.ge covcra part of the debt service. The Eagle Cawriy Traasportatiofl Authority (ECO) and the Road and Bridge Department cover the remaining debt. ECO is moving from conCracting fer services tD providing for those services in-house. ECO's budget was developed by the transportation seithority board . and is submitted to you as proposed Capital Impravement and Critipti StaMgng I ha,ve created a Capital Improvement Committee to bcgia review of future capital needs with the goat of developing a new county five year capital plan. A critical staffing committee will also he appoinbed ta review fuiure personnel requests with the . goai of matinga priority gaffmg recommcadation for the County Admintstrator and Board. Acting Assistant County Administraior George Roussos is completing a review of our existing, statft lcvels. His repar/ will be available during your bttdget review sessions. 6 . SE]Yf BYTA(LE, CO ;10-10-99 ; 6:29PM ~ 970.328 7207- 7/ 9 1999 A YEAR OF ACCOMPLISHMCNTS It is ffiir to say 1999 was a year of accomplishmenLs. Some of the year's highlights include: . Purchssc of Berry Creek 51 in Edwards for open space, recreation and affotrlable housing Compledon of a new fairgroimd grandstaud Piur.ha.se of Ttiverview Aparhnents ' Design a:td constnwfion of ECO/ Road and Bridge}oint maintena.nce centet • Canstruction scheduie for Tree Farm governmeat facility and comrnumity center Board adoption of comparison wage study which resulted in a 4 percent salary inc,rea,~e for empIoyees ~ Counh' cmPZoYms received "on average" merit iacreases of 3 percent of wages Animal Sheher holds attdona.gia rate to less 9= 5 pmm • Eagte County Fair and Rodeo wins "Most Improved PRCA Rocieo" Couaty Newsletter wins nationai SAWy award County website adds Assessflr data County e,mpIoyee training vidco completed Purchase of seveml statc owned open space parcels Deveioped the "Westera Living Guide" More then 3500 lane miles veated in F.,agle County ia au effort to pmbect private & public lands fmm the sprcad of naxiaus weeds . A pattnershiP Program v+?ith BLM resulted in teamaent af 240 acres of musk thistle . Completed a comprehensive senior needs assessmeat Remodel af Clerk and Recorder offices . Treasurer's ofrico received 2 National Association of Counties Achievemeut Awands Tax collections im,proved to 49.99 percent Intmduced voluateer medial transportation program for seniors and disabled adults Began start up far Early Head Starc Iniiiated a Regional Child Care project Upgraded 60 computer work stations Initiatcd telecanferenciug far Sheriff and Gourt Implementation of new Land Use Regutations White Rivcr Fvrest Plan tcview Completion of the Road Impact Fee and School Land Stndy Initiation of Housing Linkage Ragu,lation prograut Continuation of Dovm Payment Assistamce program Continuation of the 1Vlortgage Credit Certificate program F.aglc County Hausing Needs Assessmcnt completed Adoption of the 1999 Building Resolution . Completed impinvemeirts to the Hill Crest River Park (next to Lake Creck Village) f f Completed (to date) 419 food service inspections Pracessed (to date) 1901and usc applications 7 ;F. SEVT BY : EAGLE, CO ;10-10-99 ; 6:29P1! ~ 970 328 7207- 81 9 . Processcd (to date) 86 Individual Scvvagc Disposal System permits . Prncessed (to date) 240 code enforeement oomplaints Engineering received National Assa:iation of Caimties Achiavement Award for access contral Ptmiing Completion of an Airport Interchange Cancept Study for I-TO Devclopment of an Access Control Plan for the Eagle Spur Road and State Highway 6 betwecn Eagle and Gypstun Completion of planniYtg for RFRI-IA owned railroad corridor betwecn Woody Creek and - Gleawood Springs • Asphalt overlay: Hotnestead • Old Edwgrds Estates Lake Creek Replaced road base: Cottflnwovd Pass Road . Hooks Spur Road • Trnugh Road Spriag Creek Rroetd Sweetwater Roacfl East Brush Creek Road F.ast Brush Creek Road Completed centerIine striping Completed guat+drail nplacetnent and repair Implemerrtation of aew sign post system Modification of snow renoval schedute to improve response time and coveragc Construction of landfill module Z waste dispvsal area Construction and installation of new 1and5U trUck scale Aitport reoeived FAA approval to impirove arrival rate Airport locatizer navigaiioual sysbem was upgWed . ECO ridership -14 perccnt increase in ridership Y2K EmGrgency Plaa Thc 1999 rax roll was transmitted to the 'rreasurer priar to December 12, 1998 A new computer assisted mess appraisal system was installed ia Novembe.r of 1998 Completaon of 100% GIS of the acxial photagraphy project which inctudes 730 digital ortho- recti$ed aerial pliotos covering alI incorpordted and imincorporated private land Completaon of 70%. of the GIS land besc mapping of private lands within the county Completaon of 100% of the mapping for thc following county-widc QIS da1.a layers Built 16 bus shelters Awarded a pational marketing award for our system mme ECO and subsequent advcxhising Constructed 3 miles of paved 10 R wide Eagle Valley Core Trail in Edwarrl srea by ECO and ECO's pafters including F.agle County and private developers Implemented an Internet web site at Sheriff s office EmergemcY Maaagement coordinated Eagle. County System for X2K prepatedness SheriYf-s off ce established a juvenile work progtam where juvenile offenders perform community service tasks as an alternative conssquence . ` ~ 8 f~ r~. . . , ~ , SENf BY:EAGLE, CO ;10-10-99 ; 6:30PM ~ 970 328 7207- 9/ 9 . Sluxifrs office re-mstituted and enhancxd the victim ass,staacx program for victim af crime withia Eagle Coemty Sheriff s offlce estabIished a substation lacmd in the Rivewalk at Edwards Sheriff's office establisW a pwwership with tbe sclaol within Esglc Couaty allowing for a dePutY to stive in the schools Shmiffs office established electronic fmgeip~intiug system. BUDGET REVIEW AND ADUPTION CALENDAR Hoard of Cousrty Comm,issioners/3taff Bndget Review Sessions - Octobcr 26, November 2, Novernber 9,1999. Pubiic Hcaring on Proposed FY 2000 Budget - de#,e to be announced. Mill Levy Cettification and Budget Adopdan, Monday, December 13, 1999. • Conclpsion I wish to thank our entire management team and elxteci officials for their assistancc ia ideIItifying priorities and spending rtductions to develop a responsible opeiating budgct. Reduciag more thea $12.8 million was not an easy exercise. It took moro daa six wceks to rea,ch our goals. AlI in ai1,1999 was a yesr of achievemcnt aad stticoess for Eagle County government Now, a new-yeer is upon us, as well es maqy new cballenges. In such a diverse county, our biggest challenge lies in thc efficient and cest-effective day-to-day . delivery of the kinds of services that residents And visitors cxpect frora local gwerament in a quality community. Sincet+ely, ~ . C W. Ingstsd, Coumty Administrator cc: Elected Qfficials, Department Directors, Eagle Caunty Empioyees Attacbment • JQf/lxf . . . . . ; . ~ , 9 . 1~ ~ . ' . . f . ~ , % . , . 10/07/1999 14:45 9789265271 M&T IMBER PAGE 01 . ~ JANE S. IMBER 511 Biq Dipper Road, PO 8ox 165 Phone/FAX (970) 828-5271 Woloott CO 81855 FAX: 5 pages October 4, 1999 Pam Brandmeyer Town of Vail Dear Pam: I'm sending a copy of the release as well as the flyer we will be using to promote a symposium featuring Greg Morrison. Please encourage town employees to attend and participate. Thank you for your heip. Yane Imber Vail Syrnposium Board of Directors N ~ m xi~a kMV; ~ x~3 ~ ~ Vai1 Syrnposium Presents A Comrnunity Forum io ence In Our Community - ~ On October 21 st, the Vail Sympasium will explore the roots and evolution of Vialence in ~ our vammunity, featuring CU Researc.h Associate Jen Grotpe#er and a panet of local ~ officials, including Vail Police Chief Greg Morrison, the Reverend Jack Van Ens and Eagte County Commissioner James Johnson, who will serve as moderator. Don't miss this important discussion about thegrowing occurrence af violence in our community and what we can da to neverse this 14 r- dangerous trend. ~ LO N T ~j WHEN: Thursday, October 21, 7 p.m. 9 p.m. Ln ~ WHERE; Singletree Community Center -4 CC~ST: FREE ~ ~ For more infarmation, call the Vail Syrnposium at 478-0954 , ~ I 1ls7GibtlYciY!lAtK~G1tYAti!i~M~'!l~N~'VirAtlt3ta8F:7fMtltabzGS!F./; .L dklrilt!14M.V1trail~tYo1'O.Y.hpti%a'lfr7A7Ari1tNVA7t7kiK~pR~Y4kM~MA~A1aLXKOQi~UaMMMi~ti'~oOA~'Rk7l~iati~qlY.~/A183Wici[6A71iiqic m I \ m ~ ~ . I 10/67/1999 _14:45 9789265271 • M&J IMBER PAGE 03 C vaL sYMPoswM PO 8ox 3036 Vail. CO 818b8 Vioience in Qur Gommunity For Immedfate Release Thursdsy, October 07, 1959 Con+act Jane qnber (970) 826-6271 - VaIl---Bangl Bangl You're Dead. A hamtiless phmse that oncs ewked plsesant memaries of childhood now brings on a shudder of tear. What hes changsd? On Odober 21 st the Vail Symposium will expbre violsnce in our community; Ws rvots, k's evalution and stretegies for reslorirtp the Amerk:e of our Imsginations. The fsetured spesker is Jen Grotpster, e research essoclate at the CsMer for tha Study and Prevention ai Vblence at the Unhrersity o( Cdorado. Grotpeter is currenty working on two pr+o)ects deslgned to evaiuafe vblence proveMion proprams. She has pubiished artides in Child Deve/opmsr,t and Devolopmenf end Psyvhopethdogy. Gnvtpstsr Is also a contributing author of Lonellness in Chfldhood end Adolescence, published by Cambridge UnNersity Press. The panel elso includes Town of Vell Porice Chlef Grsg Nbrrison. Monison vm'N represent bcal law enbr+cemeM's tadce on trends and stratepies. Monison senres on the Resource Board ot the Netional CommunMy OrieMed Popclnp Institute and on the Board of Executive Diredors of the Coloredo Crime Infortnation Center. Eegle County 5hertff A.J. Jbhnson and Tawn o't Avon Police Chief Jeff l.eyman both see e boneRt in oontinuing oon7munity dialvgue. L,aymn polnts out that 'enytime you increase awareness of a problem, you've taken the flrst step in prvblem solving. If people ars mor+e oognaant of the consequences, they may thtnk iwice befex+e getting invalved in what msy escalets Into a violent sKuation." Lacal 10/07/1999 14:45 9789265271 M&J IMBER PAGE 84 ! ~ . lew snforoemeM has sesn a sligrit increase in vblsM txime In reoert years. LayrnAn points to the irdluence of abolai Snd cxowds as weM as e pensW frusVation thst sometimes Usnsletes into roed rags type inddents. A. J. Johnson edds that 'rrqst violemt dime in Eagle County la belween psople who are connscted in some waY, either socistly, through waic or in domestlc situMlons. Rendvm vblencas ls a reritY here' The first tlme most people beoorns ect+vsy dr'Oh?sd In this issue is In rssponse to or9e perticuler vblent situation such aa the shoodhtps et Cdumbine. Johnson betleves there ts greeter beneflt in dtlzens workin9 on creating oammunNy, the best prevontathve to cxime, rather than gettfng invohred in specft lnc)dunts aRer the fed. Also joininp the panel wlq be Reverend Jadc Van Ens, a graduets of the Princeton Thealogical Semhiary who, In addRfon to his psatoral dutles, is bcRh a columnist and producer of Window On The Wbrld for lacel talsvlslon. The panel wql be moderated by Caunty Commtssianer James Johnson. Why do we remain untouchsd untfl an irx:i~dent happens In our own beckyard despite the fact that children hmne been dyinp in the streeta oi L.A.. Chicepa, and N.Y. for years, and in much grseter numbers? VYhy did vblence hwe to reaGh the schoolrooms of whne, afflueM Americe before wre reelited we had a problem? B1ame has been flung in many diredions. Sorne point their fingers at mwiea and telsvisbn, video flarraes, computer games, fsRed repgion, parents, schods, govemmeM, the NRA, feminists and a permissive soclety. Vrluely the entiro Ametic:an culture. Heve we the people really chenged that much? Vlolence has been an integml psrt of theatrical drama since the GrBeks. The difference now Is that the greatest petpetntars of vkAence are portreyed as the heroea Insteed oi the vlNains. IYs the heroes who heve the most buRets, the biggest puns, and the skiNs to use them. We encourape our children to hone their skills as lallers vYtth interaCtinre games that eqtlate a high body . 10/07/1999 14:45 9709265271 M&J IMBER PAGE 05 ~ aouM with winning. A spokesman Ibr ths US Amty sttttes thet durinp WWM Wer tl. only 15% of new reaults were reedy and w06ng to kii. The kHlsr instlnc:t hsd to be tsugM. Today, 9596 of new recruits ere ready to 1u11. We tum killsrs Into medis stars. 1"lams and Klebold im'g be rememberod bng aRer the namss of thsir viciims ane fargaRten. Did they get their scxipt from Hollywood4 The scene in 8saketbaN Dlerisa in whkch Leanerdo DlCaprio enters school In a bladc trendtooat end puns down his dsssmdes was not part of the book on whlch the movie was besed. Should we biame the producers for edding it, or the sudiences for wenting !t? As we approech the Helbwaen holiday. fun houses aro betng planned e8 over ths country that fseture women es vidims of murder and toRure. Is this just good. cisen fun7 An AmerCan traditlon9 The Vail Symposium panelists will of(er dhrerse perspedNes on these issues. The Symposium is scheduled for 7:00-9:00 PM at the Singletnee Community Centsr In Edwar+ds, on Odaber 21 st. Audtence partWAWion is enoouraged. Admission is free. For more infortnellon, plaese caA 476-0954. ~ . . _ ~ - • r . . TO WN'pF VAIl ~ l`t'`~' . u L7Respcnse R,xcrd . ~ . ine at;ac;1ec cc~~ e:;tswe:z rzc_r:.~y r a . r°side;:ts a.zC nf the losvn cf V ~..ests to c ve ~ s~c:~ in ~ a~. We eacour~ y ~JJF~: ;5 F's~ azd we s~ve fo r ~aIej •.'1$t ~ CO~~ CON ~ zzS yyT_~?~N 17+ c WOR~IGDAYS v~s~s. FI j-= : ORU rp p~.:~ B~~~tD ~ R:F'N'n. ~c DE 7 i0' ati . . IttQLM,Y , . . l~z vMI . QUL~Y L~i ~(r~ ~ . ~~-TGVZ;~=-- ~ r r1 . . , / ~L LM1 D • 13• qy . ' . ' . . 7~7- - _ c~e~l ~`~-e- - ~ • . -~r~"` n` •<=:~n~-- - . e . i . ' " =Q EN:: C,~ '(:nd'.c =a date) . ;fA v ~ ' - - • ~ ~ ~ . 70 . , . ? 77-7 C~ ~ :--yin est =1e a[ L4r • . . C:'IS:G~~~! RECEIVED OCT 6 1999 ` RoN BYRNE & ASSOCIATES ` REAL ESTATE R~= October 4, 1999 vAi 2co o~o e sR LSS 970/476 -9 987 Mayor Rob Ford Town of Vail 75 South Frontage Road Vail, CO 81657 Dear Rob: I needed to bring to light a situation that I believe needs attention from all aspects of town planners and city officials. Over the past few years, the Town has made great efforts and strides and should be complemented on their management of traffic flow into and out of the Vail Village core area. Most of the traffic coming into the roundabout and coming up Vail Road has been funneled into not only the Lodge, but also all of the residents and guests that are staying in Vail Village, which has been handled very well. The problem that I believe needs immediate attention is the growth and success of the Sonnenalp Hotel, which I also very much applaud. However it has brought with it a special set of problems relating to the safety issue that I am hopeful you will all be able to resolve in the near future. I want to encourage all of the town officials and planners to look very carefully at all future expansions so that on a long-term basis, we will not have similar additional problems. The problem is as follows. On most any given morning and particularly after busy business times, such as weekends or holiday periods, it is necessary for the Sonnenalp Hotel to bring in many service vehicles. These vehicles all seem to enter the building from a very small service area located directly across from the Chapel on Vail Road. Many mornings when I am taking my two children to school at approximately 8 o'clock, I will find sometimes as many as four service trucks parked on both sides of the road. This completely closes the northbound lane causing all cars to have to go over the double lines into the oncoming traffic lanes to go around the service trucks. Many times it is a situation of Cisco trucks, milk service trucks or beer delivery that are blocking off the one lane entirely. Recently is also been trucks parking on both sides of the bridge where they attempt to pull half of their load off the road and up on the sidewalk. I know from being a taxpayer, I am not enthused to see extremely heavy trucks sitting on sidewalk pavers that the Town spent a very high amount of money paving and laying bricks that make the walkwavs look wonderful. The thin slab and the brick veneer were never meant to accommodate multi-ton, service trucks and vehicles. The fact is that it still blocks the bridge and therefore people are pulling out into oncoming traffic. , ~ Town of Vail October 4, 1999 Page Two There are also many instances when the vehicles are picking up and dropping off trash and they are using extremely large containers, which then literally closes off both lanes for a few minutes. This is totally unacceptable, as there is no fire and/or ambulance egress in or out of the Village. The purpose of my letter is not to cause any difficulties for the Sonnenalp Hotel, which I. believe, is a wonderful asset to the core of Vail Village. I wanted to draw the safety and planning people's awazeness to a very dangerous situation. I am positive that in all of the guidelines that are published for safe driving, it is not listed to crossover double lines when a beer truck is blocking the other lane. Therefore I would ask that the Town of Vail immediately have the practice of blocking the lanes, while the deliveries are made changed to some other safer form of delivery system. If the trucks cannot pull off of the street and into the delivery bay, I might suggest they need to determine another off load area or staging area. Either the Sonnenalp may have to pick up their supplies or the trucks need to stager their delivery times to be able to do to drop off in a safer manner so that the Vail public is not exposed to a hazardous situation. Further I would ask that you look very carefully at all future planning so that we do not create other major arteries being choked off by commercial service trucks. I do accept and fully understand that this is a process that we all must work together, as it certainly is beneficial to the Town of Vail to have such wonderful assets as the Sonnenalp. However, at the cost of safety, I think more review needs to be made. Having been a 20-year resident and a proponent of good control in arowth throughout our Village, I know this problem is not an easy one. I am hopeful that the wisdom of the police force, the council and future planning staff will work to eliminate any potential hazards that we may accidentally create. Please don't hesitate to call for further discussion on this issue. ~ ~incerely, . + Ron Byrne ~ ~ . ~ I& ~y TOWN OF VAIL 75 South Frontage Road Yail, Colorado 81657 970-479-2100 FAX 970-479-2157 MEDIA ADVISORY October 11, 1999 Contact: Lorelei Donaldson, 479-2136 Vail Town Clerk . BALLOT ORDER SET FOR VAIL ELECTION, NOVEMBER 2 Lots were drawn at 9 a.m. today (10-11) to determine ballot position for the 12 candidates running for 5 seats on the Vail Town Council. The names will appear on the ballot in the foilowing order: Tom Steinberg Michael K. Arnett Harry C. Gray Thomas J. Gargan Chuck Ogilby Greg Moffet Kevin R. Foley Carol L. Hymers Chas Bernhardt Rod Slifer Dick Cleveland Diana M. Donovan 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. Vail's Nov. 2 election will take place at the polts, while the Eagle County coordinated election will be a mail ballot. The at-the-polls voting will take place at the Vail Municipal Building. 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. (more) RECYCLEDPAPER Add 1 /Ballot Position Also on the Nov. 2 Town of Vail regular municipal election ballot will be the following questions: Question No. 1 Shall the Vai! Local Marketing District be established within the legal boundaries of the Town of Vail? Question No. 2 Shal/ Vail Local Marketing Distrrct 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 fumishing services; and effective as of January 1, 2000, shal/ the proceeds of such taxes, investment rncome 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? Absentee balloting begins Oct. 21. To request an absentee ballot, contact Vail Town Clerk Lorelei Donaldson at 479-2136. # # # 4VAIL TOWN 75 South Frontage Road Yail, Colorado 81657 970-479-2100 FAX 970-479-2157 FOR IMMEDIATE RELEASE , October 12, 1999 Contact: Kris Cureau, 479-2207 Police Records Manager Mark Your Ca/endars... ANNUAL VAIL POLICE AUCTION MOVES TO FALL EVENT (Vail)-The Vail Police Department is breaking with tradition and organizing its annual auction of unclaimed property in the Fall. The transition will take place next month when the auction will be held from 9 a.m. to 1 p.m. Saturday, Nov. 6, in the Vail Town Council Chambers. ThaYs when items such as skis, bicycles, jewelry, cameras and other equipment will be sold by silent auction. These items were originally received by the department as "lost and found," parking collateral or evidence items, but have never been claimed. The department has sponsored the event on an annual basis since 1991. In the past, the event has been held during the Spring or Summer with bargain hunters coming from as far away as Grand Junction to participate. Auction organizers say the change in the annual date provides an opportunity to welcome seasonal workers to Vail with some incredible bargains. "When Spring comes, we realized there aren't as many people around who really appreciate the kinds of items that are offered," said Kris Cureau, the departmenYs police records manager. "We decided a Fall date would be a great time to welcome new residents with a fun, local activity to help get the ski season kicked off on a positive note." A listing of the items to be sold during the silent auction will be released later in the month. For more information, contact Cureau at 479-2207. # # # ~,5~ RECYCLEDPAPER c 1 11 . TOWN OF VAIL 75 South Frontage Road Yail, Colorado 81657 970-479-2100 FAX 970-479-2157 MEDIA ADVISORY October 13, 1999 • Contact: Suzanne Silverthorn, 479-2115 Community Information Officer . VAIL TOWN COUNCIL HIGHLIGHTS FOR OCTOBER 12 Work Session Briefs Council members present: Armour, Foley, Jewett, Kurz, Navas` `Navas left the meeting early. --Emergency Telephone Services Authority Board Presentation The Council heard a presentation from Steve Miller, representing the Emergency Telephone Services Authority Board. The countywide authority collects a 55-cent surcharge on monthly telephone bills which has been used to fund expanded-911 services. Also known as E-911, the technology provides dispatchers with the physical location of incoming 911 calls. Miller said the authority also is working on an E-911 system for cell phone users. In addition, Miller said since June 1998, the authority has contributed more than $450,000 to help fund salaries and equipment for the Vail Public Safety Communications Center. That's because the center has been providing regional dispatch services to 5 police agencies, 2 ambulance districts, 5 fire departments, the U.S. Forest Service law enforcement officers and peripheral duties involving the Colorado State Patrol and the Town of Vail Public Works/Transportation Department. The expanded services began in June 1998 following the relocation of the Colorado State Patrol dispatch center in Eagle. Yesterday's presentation also marked the beginning of an awareness campaign, Miller said, to assist local agencies in a proposed process for evaluation and review of new street names and addresses. The purpose is to avoid confusion and duplication throughout the region. For example, 13 roads start with the word Eagle; those roads are located in 7 municipalities or districts throughout the county. Duplication of street names can be a problem for a visitor in the area who calls 911 with a street name, but no knowledge of what town they're in, Miller said, which presents a critical dilemma for dispatchers. Miller said the authority has proposed a 3-step process in which street addresses would be entered into an Eagle County master street address guide as a clearing house to avoid duplication of street names and addresses. For more information, contact Miller at 748-0621. --PEC/DRB Review During a review of the most recent Planning and Environmental Commission (PEC) and Design Review Board (DRB) meetings, the Town Council inquired about: PEC's denial of a site coverage variance request for a home at 1007 Eagle's Nest Circle; DRB's review of a (more) RECYCLED PAPER 1 TOV Council Highlights/10-12-99/Add2 --Other Bob Armour commended the Vail Fire Department for its response to the West Vail fires. Michael Jewett inquired about the follow-up status regarding a constituent concern about loading and delivery issues on Vail Road; a lease contract for the former Bright Horizons space; and Council attendance at the Nov. 2 work session. Noting he had received some inquiries from the public, Kevin Foley thanked Library Director - Annie Fox for issuing a news release regarding some temporary changes in use of the Library Community Room. • UPCOMING DISCUSSION TOPICS October 19 Work Session ~ Donald Gallegos, 20 Year Employee Anniversary Mike Rose, 20 Year Employee Anniversary Off-Street Parking Proposed Revisions to EHU Guidelines October 19 Evening Meeting First Reading, Ptarmigan Road Ordinance First Reading, Rockledge Road Second Reading, De-Annexation of U.S. Forest Service Lands Second Reading, TOV Annual Budget -Second Reading, Supplemental Appropriation Second Reading, Police & Fire Pension Amendments Second Reading, Employee Pension Amendments Resolution No. 14, LEAF Contract October 26 Work Session PEC/DRB Report Update on Employee Generation Community Discussions Discussion, regarding 2-Year Budget Process # # # ; TOV Council Highlights/10-12-99/Add1 development plan for an unplatted parcel east of the Potato Patch Ciub; an application to the DRB for exterior painting by Vail Snowboard Supply which was tabled; a DRB request by Vail Mountain School to amend a previous condition of approval regarding the exterior finish of a temporary structure; staff approval of a new sign Iocation for City Market; an outdoor dining deck application by Los Amigos; and a conceptual review by the DRB of the town's wayfinding directional sign program. --PEC/DRB Review with Vail Village Plaza Update Senior Planner George Ruther presented an overview of the PEC and DRB reviews of the revised Vail Village Plaza (Vail Village Inn) redevelopment proposal. The project proposes 98 _ hotel rooms, 44 fractional fee club units, 1 condominium, 214 new parking spaces, a full service spa and health club facility and conference space. To date, Ruther said the board discussions have focused on employee generation rates, proposed setbacks, building height, greenspace/pedestrian circulation, the building entrance on Vail Road and accommodation unit requirements. During discussion, Councilmembers raised concerns about plans for a loading and delivery area to be accessed from the South Frontage Road, saying it would be too difficult to make a left-hand turn in and out of the property. Also, Councilmember Sybill Navas said she was disappointment the proposal provides for an increase of only 20 more hotel rooms above and beyond what exists today. During public comment, Diana Donovan, a council candidate, said it was unfair to the Gateway Building to be dwarfed by the adjacent development. The scales of the building, she said, should be more in keeping with one another. Also yesterday, Jim Lamont of the East Village Homeowner's Association, said he was preparing comments from his membership regarding loading and delivery issues. In addition, Joe Macy of Vail Resorts expressed the need for redevelopment of the property. The next step in the development review process is a second conceptual review by the Design Review Board on Oct. 20. Also, the Planning and Environmental Commission will review the loading and delivery plan, as well as other issues at a third work session on Oct. 25. A final recommendation from PEC to the Town Council could occur at PEC's Nov. 8 meeting. For more information, contact George Ruther in the Community Development Department at 479-2145. --Information Update Announcements included a target date of Nov. 1 for the signing of an Intergovernmental Agreement befinreen the Vail Town Council and Eagle County regarding a 50-50 partnership in developing housing on a portion of the Berry Creek 5th property. Also yesterday, Assistant Town Manager Pam Brandmeyer presented an update on the upcoming census count. She said the Census Bureau is sensitive to Vail's needs and has targeted a door-to-door enumeration process to begin after Feb. 15, 2000. --Council Reports Kevin Foley, who represents the Town Council at meetings of the Vail Recreation District, provided an update on community facilities discussions. Foley said the VRD Board is interested in pursing construction of a soccer field at Red Sandstone School and other recreational facilities on the lower bench of Donovan Park. --Ludwig Kurz, who represents the Town Council at meetings of the Eagle County Recreation Authority, reported on a meeting of the board which was held last week. , (more) u ~y ToWv oF vALL 75 South Frontage Road Yail, Colorado 81657 970-479-2100 FAX 970-479-2157 FOR IMMEDIATE RELEASE October 12, 1999 Contact: Annie Fox, 479-2184 Vail Library Director VAIL LIBRARY COMMUNITY ROOM TO BE RECONFIGURED DURING OFFICE REMODEL (Vail)--Beginning Oct. 13, the Vail Library Community Room will be reduced in size to accommodate the remodel of staff offices across the hall. The room will be divided in half, teaving a public space for up to 40 people. It will return to its original configuration, which holds up to 90 people, by mid- December. Library Director Annie Fox says she regrets any inconveniences caused by the temporary space reduction. During the interim, users will be encouraged to reserve the Vail Town Council Chambers for meetings of 40 or more people; however, most groups will continue to be accommodated in the library space due to their small size, she said. The relocation of staff offices to the Community Room, as opposed to the former Vail Recreation District basement space, is driven by the town's interest in using the basement space to construct temporary housing for seasonal bus drivers, Fox said. Community Room users and artists whose shows have been affected have been notified of the changes, according to Fox, and have been extremely understanding. The Community Room opened in 1983 and has been used for meeting space by as many as 200 non- profit groups as well as gallery displays by 24 local artisans. In 1998, the room was booked for community events almost every day of the year with groups ranging from avalanche awareness programs to Internet seminars. Once completed in December, the office remodel will include new wiring to allow connectivity to all library systems and new work areas for increased customer assistance. For more information, or to book an event in the Community Room, contact the circulation desk at 479- 2195. # # # RECYCLEDPAPER . u ~y TOWN OF VAIL 75 South Frontage Road Yail, Colorado 81657 970-479-21 DO FAX 970-479-2157 MEDIA ADVISORY ' October 12, 1999 Contact: John Gulick, 479-2253 Vail Fire Chief PROPERTIES IMPACTED BY WEST VAIL FIRE RETARDANT SHOULD CONTACT VAIL FIRE DEPARTMENT (Vail)--With mop-up operations completed and the West Vail fire now controlled, Vail Fire Chief John Gulick and Fire Management Officer Phil Bowden of the U.S. Forest Service are canvassing the Circle Drive and Chamonix neighborhoods this afternoon. This, following a question from a property manager regarding the presence of fire retardant residue in the area. The fire retardant is a phosphate fertilizer-based chemical and is not dangerous to human health or water quality; however, it may discolor rocks. The chemical is a mixture of fire retardant, phosphorous, fertilizer, grass seed and water. It will decompose in sunlight. Its red color comes from an iron oxide additive. Anyone impacted by Saturday's use of the fire retardant should contact the Vail Fire Department at 479-2250. Gulick says the department will recommend an appropriate clean-up procedure. . Officials say the chemical should be removed as soon as possible from metal and aluminum surfaces, in particular, to avoid corrosion. # # # RECYCLEDPAPER ~ u ~y TOWN OF VAIL 75 South Frontage Road Yail, Colorado 81657 970-479-2100 FAX 970-479-2157 MEDIA ADVISORY October 12, 1999 Contact: John Gulick, 479-2253 Vail Fire Chief PROPERTIES IMPACTED BY WEST VAIL FIRE RETARDANT SHOULD CONTACT VAIL FIRE DEPARTMENT (Vail)--With mop-up operations completed and the West Vail fire now controlled, Vail Fire Chief John Gulick and Fire Management Officer Phil Bowden of the U.S. Forest Service are canvassing the Circle Drive and Chamonix neighborhoods this afternoon. This, following a question from a property manager regarding the presence of fire retardant residue in the area. The fire retardant is a phosphate fertilizer-based chemical and is not dangerous to human health or water quality; however, it may discolor rocks. The chemical is a mixture of fire retardant, phosphorous, fertilizer, grass seed and water. It will decompose in sunlight. Its red color comes from an iron oxide additive. Anyone impacted by Saturday's use of the fire retardant should contact the Vail Fire Department at 479-2250. Gulick says the department will recommend an appropriate clean-up procedure. Officials say the chemical should be removed as soon as possible from metal and aluminum surfaces, in particular, to avoid corrosion. # # # , RECYCLED PAPER \ 1t TOWN OF vA1L 75 South Frontage Road Yai4 Colorado 81657 970-479-21 DO FAX 970-479-2157 FOR IMMEDIATE RELEASE October 12, 1999 Contact: Kris Cureau, 479-2207 Pofice Records Manager Mark Your Ca/endars... ANNUAL VAIL POLICE AUCTION MOVES TO FALL EVENT (Vail)-The Vail Police Department is breaking with tradition and organizing its annual auction of unctaimed property in the Fall. The transition will take place next month when the auction will be held from 9 a.m. to 1 p.m. Saturday, Nov. 6, in the Vail Town Council Chambers. That's when items such as skis, bicycles, jewelry, cameras and other equipment will be sold by silent auction. These items were originally received by the department as "Iost and found," parking collateral or evidence items, but have never been claimed. The department has sponsored the event on an annual basis since 1991. In the past, the event has been held during the Spring or Summer with bargain hunters coming from as far away as Grand Junction to participate. Auction organizers say the change in the annual date provides an opportunity to welcome seasonal workers to Vail with some incredible bargains. "When Spring comes, we realized there aren't as many people around who really appreciate the kinds of items that are offered," said Kris Cureau, the departmenYs police records manager. "We decided a Fall date would be a great time to welcome new residents with a fun, local activity to help get the ski season kicked off on a positive note." A listing of the items to be sold during the silent auction wifl be released later 'sn the month. For more information, contact Cureau at 479-2207. # # # ~,s• RECYCLEDYAPER r~ 10112199 TUE 17:39 FAX 9709499227 SHA3SROCK Town Councfl Mem ROQl r +ij , ****~I'le L:,e note that our regular monthly meeting has been rescheduled due to a . conflict with thi '-urn it Up! management seminars. Our meeting will not be held on ' October I3t"bu tvill be moved to October 200' located at the Colorado Ski Museum at . 8:30am. There r,ill be mana.gement training sessions at CMC on Tuesday, October 12'h from 8-1 0am at c~ 5:30-7:30pm and Wednesday, October 13`h fram 8-IOam and 5:30- 7:30gm. To -ej is ter calt 476-4040. A.iso, please note that Vail Village 1Vierchants' Association ctuc s letters are being sent out. Let us know if you do not receive one in the next week *:k*: OTES FRUM SEPTEMBER 15,1999 MEETING p N VAIL CHAhIB T'he first meeting wiil be held on October 14,h. Check with Joe Staufer with tin o and location. The Vai! Chamher will be putting an ad in the NY Times ski publicatiun. .,tlso instalIing information phones located at the Vail Information ~ Center for cust( r<<ers to get in touch with the Iodges. , VOTER REUT: R.ATION: Please make sure all your employees who live in Vail • register to vote. one only has to be a resident for 30 days before they ase eligible to vote. _ The Lodging T, needs to get passed and there are many Town Council seats to fill. TUKN IT LTf'! ; ;7:;MINARS: Tum it Up! customer service training sessions will be starting soon. I.1;w.agement sessions will begin in October and front line sessions will start in Novemi This year if you attend a Turn it Up! seminaz by January 16'' ski passes will b 1599.00, if you do not attend ski passes will be $845.00. For more ~ information ur r... register, call 476-4040. UNDER 30 tvg E TINGS: What the "under 30" group reaily wants from us is respect and . recognirion. Tl awners/managers must listen to their employers needs and wants and the work envirc nent will be better for everyone. They aIso want better lncentive and benefits progra c:;. Tlzey want to feel like ihey are more invoived in a community_ The new sld pass pr -?c;ram, Wednesday night parties, "Under 30" Group, and "Newcomer to Vail" packet:s a•c; all worki.ng towards the goats set up from these meetings. SIGN CUDF; R E; JIJLATIONS: Some merchants have been given citations and fines for , violating the si; ;ci code ordinance. Many of the merchant a# the meeting feit that if restaurants a nd _s!al estate companies can advertise outside of their establishments then the merchants ! L•;ould have the same rights and be able to put signs up outside their stores s advertising thei!• :nerchandise. If the merchants want this changed we will have to make ` a proposai to tY ; Town Council which many feel we should - OCT-12-1999 22:55 P.02 MMVLrES woRxsEssrorr VAIL PARK AND RECREATTON D15TRICT d/b/a VAII, RECREATION DISTRICT BOARD OF DIRECTORS 9:00 A.M. Tuesd.ay, Augusc 24,1999 Krueger Room, Golf Clubhouse, Sea.sons at the Crteea Resstisezrant 1778 Vail Vatley Drive Called to Order at 4:02 a.m. MEMBERS PRESENT Ross Davis, Bart Cuomo, Nancy Stevens. Chris Mofett and Stevt Simonett camc a$es the call to ac+der. MEMBERS ABSENT None. QTHERS PRESENF Piet Pieters, Bob Traesti, Sharon Geankoplis, Diane Johnson, M'ike Octiz, Jim Sanders, Tm Heber, Jim Myers, Susanne Chardoul, Chris Fiicks, Ken Wilson, Wamen Graboyes, 3ohn Crottleib, Colleen McCarthy, L,ou Meskimen, George Knox, Lenay Bloom, Geoff Binney, and Rhonda Hiclmaa. PUBLIC INPI1'T ON ITEMS NOT ON AGENDA Thc Chairnsan aclaiowiedged the cantingency of peaple supparting those desisnated as sPe'akers. Warren Cnaboyes read a letter outtining his concerns an aceessibility of t,ee times for locals and the eombative attitude of the Board and staff at the golf club. He expressed questions conceming the golf club fiuuiing all of VRD's other progrmw at the expense of local players. He also had a letter from Btizm Wagner stating the policy had changed without notice regarding the 50/50 access of hotel guests vecsus local players, and the confrontive atatude by an etected board nat being productive. Grdfts attd charts showing VRD's 1998 boitom line and rcvenue souroes were included in this letter. The biggest probiem is aocess w the golf course. Thc Y'TD rado of local vs. visitor play is 61% ta 390/a. •Several options on how to continl locaE access weie discussed. Upon 1 OCT-12-1999 22:56 P.03 - recommendations from the Board, a graup of volunteers will make suggestions for any new solutions to the Board after the golf season. SLEIGHRIDES/CROSS COUNTRY SKIING Jim Myers brought recommendatians he hopes w implement this winta to the attentian of the Directors ta unprove the golf course condition ae:ct surnmer. These would include eliminating the sleighrides and changing the Nordic track to only be an the cart paths. Steve suggesbed getang the user groups involved to come up with a compmmisc. Bab said the contract for each vcndor states it is up to the discretion of the golf course manager and the Direcbor only to set the cowrse/traii in the best interest of the golf caurse. Jim, however, stated he will contact the users befare any decision is rnade. USGA GREENS On Steve's request,lim has put together a preliminary schedule aud estimate of what it wouId take to get the greens up to USGA standards. If the Directors want to do all the greens, he wauld recommead closing the course in late August. This could pQSSibly cost one million dollars for the work aione, approximately S50,000 per areen. He does aot think all the greens need to be redone, but would like to see several nreas impraved with better drainage, etc. John Gottleib inquired as to what was the sta.ff's/Board's long term solutions for golf cotuse as condidons were very bad, and the overall friendliness ofthe staffwas also very bad. Ken Wilson siated the golf course is in the wvrst condition it's ever been in. Piei stmd four years ago only $100,000 w3s used for capitd improvcrnents at the golf coarse and cumentty, anywhere from $300,000 to $400,000 is apprapriated. Jim renarked the conditioas were due to late cold weather in spring. "Ihe discussion continued on ways to alleviate winterkilL At the conc[usian, it was suggested by Piet to have a committee , of a11 facets, incluciing lodging, be Pormed to advise the Board on golf policies. 84AltD/EX-BOARD MEMBER PRMLEGES After the last Board meeting, at which Kea Wiison brought up the ctrreat Board's family members receiving VRD benefits, Piet contacted the attorney. He stated ttzere are gray areas, however, he doubt he could win if challenged in courc ander the Tabor laws. Several former Board membets expcessed concern about extendi.ag VRD privileges tp enrrerit I?ireetors and their families. After cliscnssivn, the Board decided the current policy should be kept for now. Ken defeaded the poliay in piace and his position while he was on the Board of Directors. During disCUSSion, Steve indicated the Director and staff has been hostile towards current and former Board members. 2 . OCT-12-1999 22:56 P.04 CON94UNI'IY FACIGITY UPDATE Piet said if the iitigatifln issue on Donovan Park could bc resolved at ' today's Council mecting, the next me.eting should be put back tn Sept. 2?. ATHLETiC FIELD RENOVATION Jim Saaders had an analysis done by a comsultant He rxommcnds the optimal thing to do would be to go to a depth of 12 inches far repairs. ]'im thinks a combination of a 6-inch renovation along with heavy top dressing would be perfect for the Athietic field. The second week in September, after Weskfest, would be s perfect tirne to start this projed at a cost of approximately $100,000. Because the next meeting is not until5eptember 14°i, and this is not curently in this year's budget, Piei woutd Iike the Dit+cctors to think about approving moving fimds slated for pobson to do the fields. Piet told the Boatd Westfest has gotten a$100,Q00 letter of crcdit for damage to the field and adjoining areas, however, for the most part, the cost of renting out the field does not cover upkeep needed. ADIQURNMENT Meetiag adjoumed at 12:I5 p.m. ~ Nancy Stevens, Sec Rhanda Hickman, Adrnin. Assistfutt woonod/&zam?a 3 OCT-12-1999 22:57 P.05 MiNL1TES REGULAR MEET"ING VAII. PARK AND RECREATION DISTRICT d!b/a VAIL RECREATION DISTRiCT BOARD QF DIRECTORS 9:00 A.M. Tuesday, September 14,1999 Krueger Rovm, Golf Clubhouse, Seasons at the Green Restaurant - 1778 Vail Valley Ihive Called ta Order at 9:00. a.m. MENIBE1tS pRF-gENT Ross Davis, Bart Cu+omo, Chris Mofett, Steve Simonett, and Nancy Stevens. . OTHERS PRESENt Piet Pieters, Bob Trautz, Sharon Geankoplis, Susan Hoddcr, Joel Rabinowitz, Mike Qrtiz, J'un Saaders> 3'un Myers. J'un Heber, Kcn WiLgon, 1eff Benny, and Lenny Bloom. APPROVAL OF AUGUST l 0O'AND 24~" MII~IUI~S Steve motioaed W approve August 10'u minutes. C~is seconded• Passed unanimously, Steve motioned to not approve the August 24°t minute.s br,causc they don't reAect accurately what uanspired. He wanted staff ta contact the attomey on what the obligatioru are in providi.ng minutes/4ranscripts of ineetings. Bob said he would comact Jitn Coilins reg"ng this. Approval of August 24i° minutes is postponed. PUBLIC iNPUT QN ITEMS I'JOT ON AGENUA None. VRD FEES FQR 2000 Piet stated this is the first r~.?ading of fees and sraff would appreciate inpuc from D'u+ectors so adjustmerns to next ycar's budgct can begin. He had each of the departIIteut heads availahle to cpdate the DireccoYS on the fe*e changes and any qvestions. Youth Services bepn by explaining some vendocs wauld be raising their fees for the Rave in the New Year party dw to the mallenium and themfore thcy would have to also t'aisc the price. Thc daily dt+op-in fees for 20BeIow would be up $1.00; however, the locais would not be affected by this increase as they usually purchage a$15 ycar round cmmrd. IvGke stated most adult sports would stay the same, and some 1 . OCT-12-1999 22:57 P.06 youth sports mmps would decrease due to the use of local coache.s versus out of town people who might need overnight accommodaiions. Nancy questioned the difference in touraament fees. Mike said this reflects thc demand for each specific sport as weil as cost for esch one, which varies. He stated facility rentals and field fees have changed for Nadonal events. Bart wanted to l-now if we limit vehicle access on felds. Mflce saicf this is monitored closely and they are notified tfiat deposits will be forfeited if this is not adhered to. Chris wan,ted to know if there would be a chance of losing some toumaments? Mike dicWt know, but for the larger tournaments, we provide a lot more services, i.e. scheduliag, trash, ebc. We might lose some, but our fields are in such bad shape now and there are safery conceins due to the fields needing to be re-graded. Because af this, he feels we are giving the fields away. Ken Wilson wanted to laww if gymnastics is a maney Ioser, break even, or revenue producing program. Mike said this year money was lost, but he anricipated a small gain next year. Most youth progtams are projected to Iose money. For gynnastics, the new fees have 6een in place for a couple of months. Sharvn stated the orily change co goIf fees is a$ 10 increase in group play. Bart feeLs that out of towa group rates should be significandy higher_ Steve suggested to modify what defines a .Jroup from 27 to five 4somes (20 players). Bart thought the local hotel rate should be markedly tower thm the out of town hotels, plus, no reservations stiould be accepted from out of Wwn hotels until a oertain date to help improve access to loeal hotels. Piet s4ted staff needs a clear differcatiation between in town versus out of town players. After discussion, Ross summcd up various points: $ 10 inemase in groups. 20 peapie coastitutes a gmup, we neec2 cards to advise residents af beaeFts, out of District eroups should be $150. Piet advised the Boara the Nature Crnter fees are ap, but have not beea raised in a long time and are still very tow. The phatography class was raised sibnificantly because it was in high demand and sold out. He also stated we will publish these t'ees arid this will be an agenda item for the next wocksession. Nancy questioned how the buy-in progatn was going. Piet thought everything wauld remain status quo. Bart and Steve thought Avon wAS not iiviag up to their portion of the agreernent and wanted to reevaluate it. Piet said Avon reatized the imptications of non-participatian and well aware of the political ramifications. Nancy thought another lett,er to non-participants shauld go out. NORDIC TRACK LAY-OUT Jim Myeis met with the Nordic track and sleighride people stnnd feels a happy medium can be worked out so. aIl entities can cancinue to use the facility. Tim will let them know when they c,an start and end their pcograms, and will evaltrate the changes at the end of the winter season. CAPI1'A L EXPENSE Bob explained alf dep:utments anticipated expenses for the rest of the yeat and discussed in detail golf maintenance. The irrigation system was also discussed. Bart motioned to approve an adciitional $150,000 for golf 2 OCT-12-1999 22:58 P.07 coum maintenaace capitat expense. Chris seconded. Passed unaninaously. BOARD MEMBER INPUT Piet said he was approached by the TOV to have Westfest on the sofUbsll fields next yeaz. Tim Sanders brought up the options of a 6-inch versus 10. inch aaaeadment of the field. The Board discussed RET'T funds for aew fields as well as renovaring curnent fields. If we hold off on the complebe renovataan of the field and just re-grade and re-sod we can then not restrict . vsage. Bart fels we shoutd re-do the field now and restiict the usage to sports only events. Chris motioned to only re-grade aad re-sod up to $50,000 with the current contractor. Steve seconded. PassEd ttnanimously. - in general discussion, the Board wanted to lrnow if staffwas going tn th,e TOV for $150,000 in RETT fz,nds for additivnal fields as well as renovation of cunent fietds, and issues on parking. ADJOUItNMENT Steve motioned to adjourn. Chris seconded. Passed unanimously. Meeting adjourned at i I:30 am. 7he next meeting will be the worksession on September 2I'. Nancy Stevens, SecretrY Rhonda Hicktnan, Admin. Assisent R/996odJ944min 3 . OCT-12-1999 22=58 P.08 ' MINUM WORKSESSION VAII. PARK AND RECREATION DISTRICT d/b/a VAIL RECREATION DISTRICT . BOARD OF DIRECTORS 9:00 A.M. Tue.sday, Septemper 28,1994 Krueger Room, Golf Clubhouse, Seasons at the Grecn Rcstaiuant 1718 Vail Valley Drive Called ta Order at 9:05 a.m. MEMBFkS pRESENT Ross Uavis, Chris Mofett, and Nancy Stevens. MEMBERS ABSENT $art Cuomo was absent with notice, Steve was absent with out notice. OTHERS PRESENT Piet Pietem Bob Trautz, Tom Gaylord, Susarme Chardoul, Mike Ortiz, Kirk Ketly (Kirby), .fim Myers, Chris Chase, Kevia Foley, Jim Sanders, Sharan Geankoplis, Diane Johnson, Adam Betz, and Rhonda Hickman. PUBL[C INPUT QN ITEMS NOT ON AGENDA None. PUBLiC INPUT ON FEES FOR 2004 B[JDGET Pict vranted tlie Direciors w ksiow the fees have been published in the Vail Daily newspaper twice aitd wil! be tun oace more this Friday. COMMUNITY FACILITY PLAN Piei thanked Chris and Kevin for all their hard work on this. All the pirectors commeated on how positive everyone was aboui this project at this meetiitg. in the future, Piet will need direction ta set aside $136,0(}0 in the contingeacy fiuid for this. Already, $20,000 has been set aside for the Hub Sits concept design. VRD aLso needs to have this be a staged pmjcct in order to facilitate the second sheet of ice and $ctivity room/family center capable of being built without approval for a conveution center or perfomiing arts building being a condition of constuction. Bob stated lohn Seif, from Norvhesc woutd attend the next mecting to cducaie the Directors on diffetectt funding options available. 1 + OCT-12-1499 22:58 P.09 • LITTME LEAGLJE As Bart is not here, and he is the one who requested this be on the agenda, it will bc movcd to the mt meeting's ageada. Bart's suggestion is to stact an ali-star team, and have the seasoa cun fiom June ttaough Septcmber• Mike explained his point of view was W do away with the all-star team, have the season swt later, snd use Little League as they pravide pecsonal *Jur7' ~ wWm VR.D dnes not VAiI. NORDIC CLUB Adam Betx presented W the Directors a praposal for VRD to subsidize ldds ranging Fmm 5 to 10 yesrs of agc that would like to be in his pro8ram. Ross recom~nends a struchu~e analogoas to the Hockey program wherein VRD provides a$ I00 voucher for the secoad half of their season to patems with an in-Y7istrict I_D. Chris recommends participants pay something for the pmgram and not have it be totally fr+ee ta them. Piet wa,nted to know if the Board is cornfortable having VRD pay $75 per fcid, up to $2,000 not inciudinb dawn-valley kids. After discussian, a preliminary proposai was to pay 549/6 of the cost, not to exceed $100 pec kid up to S2,000 no matter what age or level. Rass told Adazn, the Board would need a formal stnucture to vote on at the next meeting- VARIEONCE REPORT Bab azticulated the fibures within the varisnce rePort Piet noted there would be $840,0)0 +n the cap/ex budget for next year. Dobsoa being $200,004 of tlat tigure. Four yeacs ago, only $200,000 to $400,000 vvw used for cap/ex. DEPAItTMENT UPDATES Piet introduc.ed.the new members of the staff. Chris Chase is the Assistant GolfCourse SuperintenderiC Hc comes from thc Riviera Country Club in California with a degee in soil/turf management He has worEced for VRD for a ytar priar to this. Kirk KeIIy replaces Billy in the Sports depaRment He worked for VA in the past- Also, Keci Corbin will replace Susan Haddcr in the Youtti Services department beginnictg in October- She has worked with VRD far 9 years. Tom Gaylord stated they have had ars increase of 1 d% in Nature Center prosrdms, however, not in wallc throughs. The new photogcaphy and nature drawing lxograms will be expanded upon next summer, as they were very popular. Visiu from school groups are up from last year and are mostly from Gypsum and Easle. They wi[l be expanding on winter programs and utilizing the Nature Center building since heatinb the building will not be au; issue. Jim Myers confirmed the irrigation upgrade work would be fiuished next week. T-box zetiovation statts aext Monday, and ali other projects for wintcrizing tt?e course are near completion. 2 . . . , ..:'i r _ ~ ' . . , OCT-12-1999 22:59 P.10 a Tim Sandets not,ed the Athtetic field renovatioa started yesterday. He esamates it will be approximately $50,000. His crew will be worldM 1 through October on fa1l projects. Susanne Chardoul said the Madceting department is looking ahead to winter a,ctivities anci how to increase sponsorship monies for speci$c activities. . Nfike OrtiZ inE'aaned the D'uectaffs the Evergold I OK rumming race had 127 participants and gifts for those who entered the race seiies were preseated. He said the market is much mane campetitive and the series will aeed to be restructured. He is looldng to get mote coiporate utte,rest and posmbly iiave cash prizes. Wiffic baII league is new; soccer, volleybatl, and flag football are a!1 up and running. Thc gymnasdcs program Bas a.dded particigants since Joshua Dcnmarlc came on. He stated there has been nothing but positive feed back on the hiring of him. 3ason has also added several patt-time people to the gymnast staff, and is stikl iooldng for a pemsanenc assistant Diacee Johnson said Camp Vail did well dus summcr. Pianet Fun, which is programs in a 2-3 hour time &ane, howevcr did not do well. Before aad After school is also doing urell. They wil[ be piggybacking on Nature - Center pragr.uns and possibly doing a community fimd caising party at Dobson All the saff has new and cxeiting ideas for new programming and revitalizing existing programs, . Shaton Geankoptis wanted the Directocs to know this has been the best Sc:ptember the course has had and (ots of people came from Denver and the Front Range area. The shape di the course ha.s impcoved with all the wock Jim aW his crew have done. Lots of hocels and staffl'local tournatnents have been booked in Octobec. She thanked the Directors for approving the buddy program, it has helped with public eelations, and many punch cards have been compieteIy used. TEie driving range is closing October I81' snd they are aer6atg the course the 6°i through 8". Roof repaics will be done this weekend. BOARD MEMBER INPUT Piet stated the budget meetinss ane usually seheduled for two haIf-days, however, it would be fe:,sibte to get everything done in one full clay. After discussion, it was decided to have the budgec meeting Novembcr 0 from 9:00 a.m. to S:Od p.m. Due to scheduling, Bob informed the Directors that approvai of the budget would need to be done at the Novembec meetiag. He contacted .Tim Collins, the attomey, cvnceming the proQer manner ia which to change the minutes. Any objeciions or changes mttst come from a motion with the Directocs discussing what specifically needs tfl be changed and a majority vote is nceassary for approval. Bob also stated the 3 OCT-12-1999 22:59 P.11 • A minut,es liave been done in a timely manner and have teen very complete compared with other Districts. Piet noted this year's NRPA trip will be made by relatively aew staff members: Bob, Diane, Tom, Amy, Lisa, and Greg. anrouRvMErT Chris motioned to adjoum. Nancy seconded. Passcd tmanimously Meeting adjouraed at 10:40 a.m. Zhe next meeting will be October 12m. r ~,./Ilv~yve.^ Nancy 5tevens, Sec tary Rhonda Hiclansn, Adanin. Assistant Wqqhwfl9-2Amin 4 TOTAL P.ii 10/18/99 MON 21:08 FAX 9709499227 SHAMROCK Town Council Mem fa001 ,•a~ ~ • ommanzeat. ton ~ . V ~ MEETING ~ VVEDlq[J'SDAY9 OCTOBER 20,1999 8:30AM I CSKI MUSEUM AGENDA • TURNITUF! • LODGING Z'AX • SEAS4N '~~-'Th':I PASSES • MEET THF; ':;ANDIDATE S Ch*ldcare L Clt* PS Created by the Childcare Resource & Referral of Eagle & Garfield Counties A program of The Resource Center of Eagle County October and November, 1999 Volume 2, Issue 5 "Peace on Earth Begins at Home " Attention Parer?ts, Providers and anyone in- The Eagle County Family Child Care terested in early childhood! Association meets monthly. To learn more about Please attend the becoming a member or about the training's they offer, please contact Carol at 524-9581. Early Childhood Council Meeting pre-licensing Training will be held in Glen- Tuesday, October 26th wood Springs on October 22 and October 23. This 6:30 at Avon Elementa be the last pre-licensing training offered by pm ry Dana Damm until January 2000. This class is of- fered free of charge. Please call 970/945-7121 for more information. Topics of discussion include: Head Start needs assessment and training Child Find- Do you have any concerns about any schedule for 1999-2000, Eagle County Learn- of the children wiXh whom you are working? Do ing Cluster Grant, Developing CAEYC in any of your parents have concerns about their Eagle County, Consolidated Child Care Pilot child's speech and language development? We Program, CMC offerings for Early Childhood know that the early childhood years are the critical AA and licensing requirements, Overview of time to support a child's development. Child Find is Early Childhood Connections, Child Find a community service that provides a FREE hearing, vision and developmental screening for any child overview. from birth through five years of age. It is held twice monthly on Friday mornings between 8:30am and Input from community members is strongly 12:00pm. Parents can schedule appointments by encouraged! calling the Child Find voice mail at 845-5999 or by calling Sharon Thompson at 825-6370. Please RSVP to Jeanne McQueeney at 328_ The dates through 1999 are: Avon: Oct.15 Eagle: Oct.22 1375. Piaa will be provided based on the Nov.12 Nov. 19 number of people who RSVP! Dec. 10 Dec. 17 Child Care Referrals for Eagle & HELP END FAMILY VIOLENCE! Garfield Counties: 1-800-513-8859 The Resource Center of Eagle County provides a 24-hour crisis line. Help someone in crisis by sharing this number: 949-7086 A CORRA IOPARTNER TEMPER TANTRUMS - eventually will win out. Do not give any attention Children need to learn to distinguish between A TOOL FOR LEARNING to manipulative tantrums. Either ignoring (in feelings and actions. All feelings are OK, but public places) or walking away (in your home or actions may or may not be OK. For instance, a It's hard to think of a good side to temper in another safe place) is the most etfective child may feet angry, but you would not want tantrums. We've all witnessed a child losing technique. Or children should be told to go into him to express that feeling by biting. We don't control over a puzzle piece that won't fit in place another room if they want to stage a tantrum. As need to put up with inappropriate forms of or being told (for the fifth time), "No cookies always, it 1s important that the parent remain expression, but we should be responsive to the before supper:' When tantrums occur, most calm. This is one way to teach children self- emotions that triggered the explosion. Children parents feel helpless, embarrassed and control - by modeling it ourselvesl need to know that it is okay to have their sometimes angry. feelings, but that they are expected to use . When you're ANGRY and appropriate means for their age to express Temper tantrums are an expected and normal know it, stamp your foot. those feelings. behavior at certain stages of development. _ During the toddler and two-year-old stage, ' Parents can use tantrums as teaching tools by: children are beginning to make an important , • Assuring the safety of the child. journey towards independence. Eager to take If you ~e SAD, • Acknowledging the feelings, "IYs OK to be control and make choices for themselves, you can show mad." young children become frustrated by restric- it and go on. • Clarifying the limits, "I will not let you (hit your tions placed on them by adults and by their own brother; kick the dog)." limited abilities. • Teaching stress reducing skills, "I'm so upset, I'm going to put on soft music for a What young children need most during these while." times are parents who are in control and are If you're FRIGHTENED, let me • Encouraging cooperation, "You calmed able fo remain calm. After the storm, offer know it and I'll help. down all by yourself." comfort by cuddling and reassuring them that things are OK now. Trying to reason with Young children may enjoy learning about ; children in the midst of a tantrum never works. feelings through song and actions. One idea is: { Tantrums I "When you're happy and you know it clap your ~ genera ly are of two types. One is the When you're , hands (clap your hands), (repeat), when you're temperamental version, a letting off of steam. t HpppY, let's happy and you know it, then your face will This is true of most toddler and two-year old ho! ho! it surely show it; when you're happy and you tantrums. It may be a puzzle piece that won't fit, CELEBRATE! - know it, clap your hands." (Clapyour hands). or a sock that won't go on a foot. Offering .o Other verses may be When you,re angry and empathy or help, making a game of the task or you know it, stamp your foot," (accompanied by distracting the child may work here: Be careful not to deny children's feelings, but vigorous foot stamping), or "If you're frightened, rather help them find words to express their let me know it and I'll help," (accompanied by The other type of tantrum is the manipulative feelings. By age four or five, temper tantrums hiding your face in each other's neck), or "When tantrum where children have discovered that if should cease as children develop the words to you're tired, let me know it and 1'll help," they throw a fit they will more than likely get their express anger. Help children learn to express (accompanied by pretending to sleep.) You way, or at least the attention they desire. The feelings by themselves saying things such as,."I can use your imagination and your child's only message that will counteract this form of get so mad at myself when I can't figure out the frequent areas of stress to make up other tantrum is "It won't work." Giving in only sends directions," or, "You're disappointed that we verses. the message that bigger and better tantrums can't go to the park." ?l f-~ Gvt,.- ~ S l~1 ~ ~e ~f w1 l~?.c~ l ~t ~l. 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Box 2558 _s ® 5 ~m Avon, CO 81620 v = 0 0 ' L MAILED FROM ZIP CODE ~~own Council Members Town of Vail 71; c Fnnn+.,.,e Dt4 ~ u ~y TOWN OF YAIL 75 South Frontage Road Yail, Colorado 81657 970-479-2100 FAX 970-479-2157 FOR IMMEDIATE RELEASE October 14, 1999 • Contact: Bob McLaurin, 479-2105 Steve Thompson, 479-2116 Vail Town Manager Finance Director TOWN OF VAIL ANNUAL BUDGET PROPOSAL MAINTAINS SERVICES, INCLUDES PLANNING FOR FIRE STATION AND COMMUNITY FACILITIES IN 2000 (Vail)--The Town of Vail fiscal year 2000 budget, which will be considered for final approval at the Oct. 19 evening meeting of the Vail Town Council, maintains existing service levels and provides for $13 million in capital projects. While the $34.3 million budget proposal is balanced for 2000, Vail Town Manager Bob McLaurin says projections continue to show a deficit in the general fund beginning in the year 2001--assuming a new fire station is constructed--unless significant changes are made. "Unfortunately, some hard times could be headed our way unless we continue efforts to address this problem proactively," he said. The problem is caused by expenses out pacing revenues due, in part, to Vail's flattening skier base. More than half of the town's revenues are derived from sales tax, with 70 percent of it collected during the five months of the ski season. In response to disappointing revenue trends of the past several years, McLaurin announced a departmental reorganization in June which cut 10 full-time positions and trims the town's general operating expenses by approximately $500,000 annually. The cuts, which have already been implemented, focused on consolidation of middle management positions and were intended to cause minimal impact to the town's delivery of municipal services. "While we've dodged the bullet for 2000, this community will need to come together to make some critical decisions for (more) RECYCLEDPAPER 'v , , Add 1/TOV Proposed Annual Budget . 2001 and beyond," McLaurin said. Unless sales tax coilections show increased growth or new revenue sources are created, McLaurin says cuts in municipal services will be required and will likely be more visible to the public than previous reductions. Highlights of the proposed 2000 budget are as follows: 2000 Estimated Revenues • estimated sales tax collections of $15.7 million, a 5 percent increase from 1999 budget estimates; the Town of Vail sales tax on retail sales is 4 percent • estimated ski lift tax collections of $2 million, a 12 percent increase from 1999 budget estimates and representing a 5-year average of actual collections; the 4 percent ski lift tax is assessed on lift tickets for Vail Mountain and is used to help fund opera±ion of the Vail transit system • estimated Real Estate Transfer Tax collections of $2.9 million, no increase from 1999 budget estimates; the 1 percent RETT tax is assessed on all transfers of real property within the Town of Vail except for deed-restricted housing • estimated property tax collections of $2.1 million, a 4 percent increase from 1999 budget estimates; the Town of Vail mill levy for 2000 will be established by the Vail Town Council in December • a reallocation of $250,000 in sales tax revenues from the Capital Projects Fund to the General Fund; this represents a 4 percent reduction in the Capital Projects Fund revenue from 1999 2000 Expenses • $11 million in projects funded by the Capital Projects Fund, including $5 million for construction of a new fire station; $250,000 for designing infrastructure improvements in Lionshead; $100,000 for design of streetscape improvements along West Meadow Drive; $200,000 for a townwide document imaging system; $350,000 for street maintenance equipment purchases; $250,000 for creation of a community room in the former Bright Horizons space above City Market at Vail Commons; $225,000 for remodel of the Public Library; $116,000 for design of a community facility at the Civic Center site in Lionshead; and $250,000 for vehicular and pedestrian wayfinding improvements • $2.8 million in park and recreation path maintenance projects funded by the Real Estate Transfer Tax fund, including $170,000 to master plan a park and other facilities on Donovan Park; and $1 million for development of a community park on a portion of Donovan Park's lower bench • $1.1 million ($100,000 net subsidy) in the town's housing program to continue the "buy- down" of housing units on the free market; once purchased, the units are deed-restricted and resold to qualified buyers at a reduced price for a total annual program subsidy by the town of $100,000 • approximately $300,000 to offset continuation of the Park Free After 3 program in the Vail Village and Lionshead parking structures • $720,000 in contributions to community agencies and organizations ~ $9.6 million for employee salaries, including an average adjustment of 4.5 percent Proctrams and Services • provides for no new programs or new services (more) r Add 2/TO\! Proposed Annual Budget Staffin4 • provides for 261 full-time equivalent employees, down from 271 full-time equivalent employees approved for 2000 in the 1999-2000 biennial budget The 2000 budget represents year-two of a biennial budget process. Preparation of the biennial budget for 2001-2002 will begin during the summer of 2000. For more information on the Town of Vail budget approval process, contact McLaurin at . 479-2105 or Finance Director Steve Thompson at 479-2116. # # #