HomeMy WebLinkAbout2001-05-15 Support Documentation Town Council Evening Session
VAIL TOWN COUNCIL
EVENING MEETING
TUESDAY, May 15, 2001
7:00 P.M.
TOV COUNCIL CHAMBERS
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 min.)
2. Approval of April 3, 2001 minutes
Approval of April 17, 2001 minutes (5 min.)
3. Police Week Proclamation (5 min.)
4. Local Licensing Authority Appointments - 3 vacancies. (5 min.)
David Chapin
Robert Rothenberg
Kathy Vieth
Mary Zarba
5. ITEM/TOPIC: First Reading of Ordinance No. 11, Series of
Scott Jansen 2001, amending Title 7, Motor Vehicles and Traffic to include Chapter
8, An Ordinance Regulating Neighborhood Electric Vehicles.
(30 min.)
ACTION REQUESTED OF COUNCIL: Consider adoption of
Ordinance 11.
BACKGROUND RATIONALE: The Town of Vail has had no
Municipal Ordinances regulating the use of electric vehicles or golf
carts within the Town of Vail. There has been a traditional use at the
golf course for golf course maintenance and for players on the course.
The Sonnenalp has used these vehicles in their loading and delivery
plan. This item was addressed in response to a request by the Vail
Mountain Lodge to transport skiers to the lifts at Golden Peak.
As a result of that discussion, while it was determined that it is not
appropriate to increase the use of these vehicles for delivery of skiers
to Golden Peak, it is appropriate to adopt regulations consistent with
the present use at this time in the Town of Vail.
STAFF RECOMMENDATION: Adopt the Ordinance
7. ITEMITOPIC: Year-End Financial Report. (20 min.)
Steve Thompson Enclosed is the year financial report for the year 2000. These
numbers have been audited. The audited financial statements will
be presented on June 19th.
8. Town Manager's Report. (5 min.)
Bob McLaurin
9. Adjournment (8:15 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, 5/2201, BEGINNING AT 2:00 P.M. IN TOV COUNCIL
CHAMBERS.
THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION
WILL BE ON TUESDAY, 6/05/01, BEGINNING AT 2:00 P.M. IN TOV COUNCIL
CHAMBERS.
THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING
WILL BE ON TUESDAY, 6/05/01, 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.
ENVIRONMENTAL IMPACT STATEMENT
FOR
PROPOSED LIGHT AT MAIN GORE BRIDGE
• Would ruin a romantic leaning rail and evening conversation spot
• Would wash out the stars
• Would wash out the shimmering of the rising moon on Gore Creek
• Would flood light Red Fox's alley
• Would expose King Albert Ermine's castle
• Would confuse the trout
• Would upset bedtime at the trout hatchery
• Would keep Pam & Tom awake (Carmen too)
• Would disturb the many families nesting on Humming Bird Island
• Would turn the Dipper Bird's nighttime into daytime
• Would expose Sammy da Snake to unfriendlies
• Would constitute light pollution
ENVIRONMENTAL IMPACT STATEMENT
FOR
PROPOSED LIGHT AT MAIN GORE BRIDGE
• Would ruin a romantic leaning rail and evening conversation spot
• Would wash out the stars
• Would wash out the shimmering of the rising moon on Gore Creek
• Would flood light Red Fox's alley
• Would expose King Albert Ermine's castle
• Would confuse the trout
• Would upset bedtime at the trout hatchery
• Would keep Pam & Tom awake (Carmen too)
• Would disturb the many families nesting on Humming Bird Island
• Would turn the Dipper Bird's nighttime into daytime
• Would expose Sammy da Snake to unfriendlies
• Would constitute light pollution
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VAIL TOWN COUNCIL - MINUTES
TUESDAY, April 3, 2001
7:00 P.M.
The regular meeting of the Vail Town Council was held in the town Council Chambers
on Tuesday, April V, 2001. The meeting was called to order at approximately 7:00
P.M.
COUNCIL MEMBERS PRESENT: Ludwig Kurz, Mayor
Sybill Navas, Mayor Pro-Tem
Kevin Foley
Greg Moffet
Rod Slifer
Diana Donovan
Chuck Ogilby
STAFF MEMBERS PRESENT: Bob McLaurin, Town Manager
Pam Brandmeyer, Assistant Town Manager
Tom Moorhead, Town Attorney
The first item on the agenda was Citizen Participation. Mayor Kurz reminded the
audience that citizen participation was intended for items not on the agenda.
Paul Rondeau addressed the Council, stating what he felt was a problem in channeling
local talent to assist projects to completion. He referred to the letter he had written to
the Council on March 28th. He felt the Town Council was missing an opportunity to
show leadership. Rondeau suggested putting a hold on the Donovan Park project until
further environmental issues could be addressed.
Chas Bernhardt, West Vail resident, addressed the Council regarding employee
housing. He suggested the possibility of a long term lease at the Mountain Bell site for
development of high-end residences such as Spraddle Creek. The proceeds from this
could be used to build employee housing on a less expensive piece of property.
Bernhardt also suggested approaching the U.S. Forest Service about using public lands
for affordable housing. He also suggested the Council read an employee housing plan
created by a retired executive which showed how moderately priced housing can be
developed. He stated he would leave the report with Nina Timm, TOV Housing
Administrator.
The second item on the agenda was a presentation of the preliminary design
development package for Donovan Park. A discussion ensued regarding the ability to
pay for Donovan Park out of the town's general fund or capital improvements funds,
rather than the real estate transfer tax fund that had been previously proposed. It was
unanimously agreed by the Town Council to direct the town staff to find funds out of
these accounts as opposed to the RETT fund. Todd Oppenheimer, TOV Landscape
Architect/Project Manager, addressed the Council. Mayor Kurz reminded the audience
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to keep their comments civilized. Oppenheimer addressed the project objectives, the
facilities plan, and community development. Oppenheimer stated the project was
scheduled for Design Review Board and Planning and Environmental Commission
review during the next two weeks. Otis O'Dell of O'Dell Architects team, gave a
presentation of the design of the pavilion, stating the design development cost estimate
will be presented to the Council at the April 17th meeting. O'Dell and Oppenheimer both
stated they were asking for direction from Town Council.
Ethan Moore of Design Workshop walked the Council and the audience through the site
plan. He stated big changes had been made to the two terraces of parking, allowing for
147 parking spaces on the project. Moore also stated a turnaround to accommodate
bus service had been improved, preserving as much green space as possible. He also
reviewed plans for the soccer field, playground, and restroom building. Scott Smith of
Sasaki Associates, addressed the development of the building, and the issue of being
responsible regarding environmental design. He presented updated drawings of the
building, showing location of the building on the site. A winter sketch was also offered.
Samples of materials being proposed for the inside and outside of the pavilion were
presented. Leadership in environmental design was also discussed. The introduction
of the LEED certification program was discussed. Councilmember Chuck Ogilby
suggested contacting the consultant from Boulder who had previously made a
presentation to the Council as part of the project team.
George Ruther, Head of Planning, reviewed the economic research study done on this
project by Economic Research Associates. Ruther summarized the report, stating the
pavilion could be operated similar to the Eagle-Vail Pavilion, setting a fee structure and
identifying premium dates - those being summer months and weekends. The total size
of the pavilion will be 6200 square feet with a 250 person capacity, including deck
space. Discussion followed regarding the possibility of using both meeting rooms at
once. Further discussion followed regarding alternative methods of funding other than
the real estate transfer tax fund. Todd Oppenheimer advised the Council of delays that
could result if the project was put on hold. Rick Scalpello, Vail homeowner, stated he
felt the restrooms were not a good design. Mary Jo Allen thanked the Council for
considering funding from sources other than RETT funds. Sally Jackie, West Vail
resident, stated that although she was in favor of leaving the land alone, encouraged
the Council to stick with the original design and give direction to staff that will keep the
project on course. Other comments from the audience included not promoting
weddings as a main use of the facilities, rather promoting it as a community center.
Mayor Kurz asked for comments from the Council. Councilmember Kevin Foley stated
he felt the building was too large and saw no snow removal in the budget.
Councilmember Greg Moffet expressed his support of the project. Councilmember
Chuck Ogilby felt it important to be LEED certified, and gave a passionate speech as to
why he felt the project was necessary and good for Vail, stating that parks were the
"heart and soul" of Vail. He also agreed with not using RETT funds for the project.
Councilmember Rod Slifer stated he agreed with Ogilby's comments and was in favor of
the project. Slifer stated quality was a tough thing to measure and agreed that the
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LEED certification was important. Slifer stated he was not in favor of the architecture of
the pavilion. Councilmember Sybill Navas stated she thought everyone was aware of
how much she loved this project, seeing it used more for children's or teenagers'
activities and performing arts, being used by the whole community. Navas also felt the
LEED certification was worth committing to. Mayor Kurz thanked Chuck Ogilby for his
remarks, saying he felt they came from the heart. Kurz also stated he liked the
architecture, and felt the Council had given strong direction to the staff and consultants.
George Ruther summarized comments from the Council. His understanding was that
the Council unanimously agreed to take a look at funding alternatives other than the
RETT funds, and agreed to strive towards the LEED certification. He allso agreed that
the consultant should be contracted to work with the town to develop the park and to
work towards seeking cost savings without jeopardizing the quality of the project. Staff
agreed to work on the above-stated comments and will return to the Council with their
comments at the April 17th meeting.
The third item on the agenda was the approval of February 6 and 20, 2001 minutes
and the March 6 and 20, 2001 minutes. Councilmember Foley pointed out the error of
the newly appointed PEC and DRIB members, being listed in reverse. Councilmember
Donovan also noted typo errors needing to be corrected. Councilmember Greg Moffet
made a motion to approve the minutes as corrected. Councilmember Kevin Foley
seconded the motion. A vote was taken and the motion passed unanimously, 7-0.
The fourth item on the agenda was the first reading of Ordinance No.8, Series of 2001,
an ordinance amending Section 12-7H-7 of the Town of Vail Zoning Regulations to correct
an error in the prescribed procedure for certain types of Design Review applications for
properties in the Lionshead Mixed-Use 1 Zone District.
George Ruther, Head of Planning, addressed the Council. May Kurz stated the
ordinance had been reviewed in afternoon work session and he stated no changes
had been made to the ordinance from first reading. Councilmember Greg Moffet made
a motion to approve Ordinance #8, Series of 2001, on second reading. Councilmember
Kevin Foley seconded the motion. A vote was taken and the motion passed
unanimously, 7-0.
The fifth item on the agenda was the first reading of Ordinance #9, Series of 2001, an
ordinance correcting Ordinance 23, Series of 2000, an amendment to the Zoning Map
regarding the Vail Golf Course Clubhouse from Outdoor Recreation to General Use.
Tom Moorhead, Town Attorney, addressed the Council stating on November 7, 2000,
the Vail Town Council approved, on second reading, Ordinance 23, Series of 2000,
which amended the official Zoning Map and rezoned the "Vail Golf Course Clubhouse
Subdivision" from Outdoor Recreation (OR) District to General Use (GU) District
Moorhead stated this Ordinance was not consistent with Council's findings as reflected
in the minutes from the second reading of Ordinance 23 included here for Council's
consideration. The document, as signed, did not contain the appropriate Section 1,
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which included findings of fact, or Section 2, which contained conclusions of law. Also
Moorhead stated the ordinance published in the Vail Trail on November 10, 2000,
failed to contain the legal description in Section 3. Moorhead stated that due to the
inconsistencies, he was requesting a correction ordinance to be passed on two
readings and appropriately published in the Vail Trail so the Council's findings were
properly reflected in the record of its proceedings. After some discussion,
Councilmember Greg Moffet made a motion to approve on first reading, and
Councilmember Kevin Foley seconded the motion. A vote was taken and the motion
passed unanimously, 7-0.
The sixth item on the agenda was the first reading of Ordinance #5, Series of 2001,
an ordinance intended to clarify inconsistencies in the town code. Allison Ochs, town
planner, reminded the Council this ordinance had been tabled at the March 20th
meeting so it could be discussed with a full Council present. The main concern
resulting in tabling of this ordinance was the discussion regarding 5% site coverage
bonus for lots zoned primary/secondary residential where the slopes exceed 30% on
lots less than 14,000 square feet with a Type 1 employee housing unit. Both
Councilmembers Diana Donovan and Sybill Navas stated their opposition to this
ordinance, indicating the town's hazard regulations relating to steep slopes should take
precedence over the town's employee housing regulations. Councilmember Chuck
Ogilby stated a lot of properties in Intermountain would be affected by this ordinance.
After some discussion, Councilmember Greg Moffet made a motion to approve
Ordinance #5 on first reading. The motion was seconded by Councilmember Kevin
Foley. Councilmember Donovan stated she hoped the staff could provide some kind of
balancing of regulations on 2nd reading and would vote against the ordinance on first
reading. A vote was taken on the motion and the motion passed 5-2, Councilmembers
Donovan and Navas opposing.
The seventh item on the agenda was the second reading of Ordinance #7, Series of
2001, a supplemental ordinance making supplemental appropriations and budget
adjustments from the Town of Vail Heavy Equipment Fund, Real Estate Transfer Tax
Fund, General Fund, Capital Projects Fund, of the 2001 Budget and the Financial Plan
for the town of Vail. Steve Thompson, Finance Director, addressed the council stating
the supplemental appropriation had been increased by $191,306. Thompson stated
this increase in the supplemental was due to audit adjustments that increased the
rollforward amounts for three of the projects, including the third sheet of ice, parking
structure maintenance improvements, and the North Trail Townhomes project. The
$2.7 million appropriation included $2.1 million in unspent projects carried over from
2000, including $147,000 for Donovan Park. The appropriation funds $150,000 in
additional costs associated with the Vail Ice Dome; $250,000 for smart bus technology;
and $235,000 for design of the Vail Center. Councilmember Diana Donovan stated
she would not be voting for the ordinance until the town's financial ledgers reflected a
reallocation of funds to replace Real Estate Transfer Tax funds to pay for construction
of the community pavilion. This item was scheduled for further discussion at the April
10th work session. A motion was made by Councilmember Slifer to approve
Ordinance #7, Series of 2001, on second reading. Councilmember Moffet
seconded the motion. A vote was taken and the motion passed 6-1, Councilmember
Donovan opposing.
The eighth item on the agenda was a discussion of the proposed Winter Festival
Funding presented by Spaeth Design. Todd Oppenheimer, TOV Landscape
Architect/Project Manager, addressed the Council, reviewing the March 20t" proposal by
Spaeth Design for design of a winter festival through the Concept Phase.
Oppenheimer stated the cost of the design master plan would be $85,000. He stated
the Council would be given a proposal from Spaeth Design from which they could pick
and choose the attractions they felt would fit into Vail's holiday theme. Councilmember
Donovan stated she was in favor of the idea, but would need to have more detailed
information on what the costs would be before she could make any decision on the
idea'. Town Manager McLaurin requested Todd contact Spaeth Design to get a more
detailed plan for their proposal and then return to Council for further discussion.
Councilmember Navas stated she felt the town was being given a great opportunity to
be a part of this team. She suggested a presentation be provided for Rod Slifer and
Chuck Ogilby as they missed the original presentation. Kaye Ferry, local business
owner, addressed the Council, stating she felt it would be a huge mistake to pass up
this opportunity. This item will be discussed at next joint work session with Vail
Resorts, Inc.
The ninth item on the agenda was the First Data Colorado Open Request for Funding.
David Edmiston, of First data Colorado Open, and Frank Johnson of the Vail Valley
Tourism and Convention Bureau (VVTCB), made a presentation to the Town Council,
requesting a $7500 donation. David Edmiston stated this was the 38th Annual First Data
Colorado Open Golf tournament and was being held at the Sonnenalp Golf Club during
Labor Day weekend. Johannes Faessler, owner of the Sonnenalp, addressed the Council,
expressing his enthusiasm for the upcoming tournament, stating it will bring approximately
5000 spectators to the valley during the Labor Day weekend. Councilmember Chuck
Ogilby made a motion to allocate the funds out of the Council contingency fund.
Councilmember Greg Moffet seconded the motion. During discussion, Councilmember
Navas asked if this was something that could be taken out of the Special Events
commission, as they had a major event back out of its commitment for this year.
Councilmember Chuck Ogilby then made a motion to table his motion until the issue could
be presented at the Special Events Commission next week and Councilmember Greg
Moffet seconded the motion. Councilmember Donovan inquired as to how the event would
be advertised and was assured that Vail would be the anchor. A vote was taken and the
motion passed unanimously, 7-0.
The tenth item on the agenda was the Town Manager's Report. Bob McLaurin, Town
Manager, reported on a letter he had received from the Vail Village Club Building, asking
for a refund of all or a portion of monies paid to the parking pay-in-lieu fund to the town .
Councilmember Rod Slifer stated he felt the town would be opening itself up for numerous
issues if this request was granted.
Town Attorney Moorhead stated that purchase of Lots 1, 2, 3 and 4, Vail Meadows Second
Filing, would be completed by the end of the week.
As there was no further business, Councilmember Greg Moffet made a motion to adjourn.
Councilmember Kevin Foley seconded the motion. A vote was taken and the motion
passed, 7-0.
The meeting was adjourned at 10:00 P.M.
Respectfully submitted,
Ludwig Kurz, Mayor
Attest:
Lorelei Donaldson, Town Clerk
Minutes taken by Mary A. Caster
VAIL TOWN COUNCIL - MINUTES
TUESDAY, April 17, 2001
7:00 P.M.
The regular meeting of the Vail Town Council was held in the Town Council Chambers
on Tuesday, February 20, 2001. The meeting was called to order at approximately 7:00
P.M.
COUNCIL MEMBERS PRESENT: Ludwig Kurz, Mayor
Sybill Navas, Mayor Pro-Tem
Chuck Ogilby
Diana Donovan
Rod Slifer
Greg Moffet
Kevin Foley
STAFF MEMBERS PRESENT: Bob McLaurin, Town Manager
Tom Moorhead, Town Attorney
Pam Brandmeyer, Assistant Town Manager
Mayor Kurz reminded all of the Vail annual community survey available on the internet.
Kurz thanked those who had responded and asked those who had not to take a minute
to fill it out. The survey will be available through April 251H
The first item on the agenda was citizen participation.
Kaye Ferry, Vail Chamber addressed the Council, suggesting the town relax the sign
code ordinance during the "shoulder season" and allowing merchants to post sandwich
board signs at the bottom of the steps at each transportation center. Ferry presented
Council with a list of businesses that would be open during off season. Ferry stated the
Chamber would absorb any expenses involved with this advertising. Mayor Kurz
expressed his hesitation with the idea of advertising that so few shops were open,
stating he felt we were saying "Vail is half closed." Councilmember Greg Moffet
suggested putting this item on next week's work session agenda for discussion.
Laura McBride, applicant for the most recent housing lottery, addressed the Council,
expressing her frustration with the application process. McBride gave a recount of her
contacts with the town during the application submittal period. Mayor Kurz stated the
town worked very hard to be fair in its lottery procedures and directed staff to look into
the situation and get back to Council with their findings.
The second item on the agenda was a presentation on the Program and Budget for the
Vail Center. Russell Forrest, Community Development Director, addressed the Council
stating staff was requesting direction from the Council regarding the uses that should
be included in the directions to the design team. The budget for the Vail Center and
specifically direction on the revenue plan including the use of property tax, RETT
revenue, capital funds, private donations, naming rights, and how parking spaces can
be used for a fund raising campaign. He was also looking for direction to the Town
Manager to enter into a contract with EDAW for design services.
Russell Forrest advised the Council they were at a critical milestone in defining the uses
and in designing and financing the project. He named the key people working on
project. Russ reviewed the capital and operational plan. Russ highlighted the
objectives, proposed center components and parking issues. He advised the Council
he would be presenting 3 different scenarios to the Council. Forrest stated Vail Resorts
Inc. was moving ahead with design work for a new parking structure. Stan Bernstein
reviewed the capital financing plan, stating the cost estimates had been reduced from
$97 million to $75 million, by removing a $14.5 million line item for parking, as well as
the transfer of a $7 million endowment from the capital budget to the operating budget.
Russ reviewed the uses of proposed RETT. Bernstein stated the cost had been
reduced by taking out of $7 million endowment and the selling of parking spaces. He
also addressed revenue sources. The need for the private donations of $30 million was
discussed, Russ again stating the private funding would have to be established before
the ballot was put before the electors in November. Frank Johnson, Vail Valley Tourism
and Convention Center president, spoke in favor of the project, comparing it to the
Baniff Conference and Keystone Conference Center, stating the shoulder seasons
were prime for meeting planners. John Horan-Kates reviewed the public access study,
stating the majority of time at the Center would be available for community use.
Booking policy ideas, LEED (Environmental Certification) program, and employee
housing ideas were discussed with Russ Forrest stating there would be approximately
70 full time employees. The Vail Renaissance program, parking, and fund raising
programs were reviewed. Forrest requested additional time be given for the staff to
work with Vail Resorts on the proposed new parking structure. Forrest again asked for
direction from the Council on what the design team should be focusing, stating the
revenue issue was not a critical decision for this evening's meeting.
Mayor Kurz then asked for public input. Rick Scalpello, retired second homeowner,
urged the Council to get an independent view before committing the town and the
community to such a large project. Scalpello felt the disadvantages were being
downplayed. He offered his service to the town to investigate costs, warning that
conference centers do lose money and are not filled during the entire year. Michael
Cacioppo addressed the Council, asking questions relating to the financing of the
project. Mayor Kurz then asked for comments from the Council. Councilmember Foley
stated he had not seen the operating costs for the project. Councilmember Chuck
Ogilby noted the article Elaine Kelton had given the Council earlier and suggested a
review similar to this be done on the project. Ogilby stated a lot of time and energy
had gone into this process and hoped that the town could move forward with the
project. Councilmember Slifer spoke on behalf of Stan Bernstein, stating that Stan had
done a lot of work in the past 20-25 years with municipalities and counties in Colorado
and was very qualified to work on this project. Councilmember Greg Moffet referred to
the ERA study done earlier. Councilmember Ogilby suggested keeping Rick Scalpeilo
involved as part of the financial team, feeling his viewpoint was beneficial to the town.
Councilmember Diane Donovan stated she agreed with most comments made by
Chuck Ogilby, stating the staff knew what her concerns were. Mayor Pro-Tern Sybill
Navas agreed with most of Councilmember Ogilby's comments, stating she preferred a
design that would focus exclusively on Scenario A, although she felt it was heavy on
meeting room space and light on arts space. Mayor Kurz stated he too was in
agreement with Councilmember Ogilby and Councilmember Moffet's comments, and in
favor of employee housing on site. Kurz stated that this was a huge undertaking for the
Town of Vail and felt confident the community would make it work. Councilmember
Moffet made a motion to enter into a contract not to exceed $160 thousand with the
design team of EDAW, HGA and Zehren and Associates to begin creating schematic
design that will include an indoor ice rink, skatepark, climbing wall and youth center,
plus conference, learning and cultural elements including a 300-seat auditorium/theater.
Councilmember Slifer seconded the motion, requesting Moffet to add the addition of
23.4 employee housing units to his motion. Councilmember Navas stated she would be
voting in opposition of the motion based on idea that she felt it was a mistake to pursue
both scenarios, but that she did not oppose the project. A vote was taken on the
motion and the motion passed 6-1, Navas opposing.
The third item on the agenda was an update of the Donovan Park Community Facility.
Todd Oppenheimer, Landscape Architect and Project Manager for the town, stated the
Design Development cost estimate for the Donovan Park Community Facility, based on the
Design Development package presented, was complete. Oppenheimer stated the
estimated cost of construction for the project had decreased by $180,571.
Otis Odell of Odell Architects presented an update to the Council on the progress made
toward the desired LEEDS certification. Odell recommended the town pursue a national
environmental certification in the "silver' category, similar to policies established in the
cities of Portland and Seattle and currently under review in Boulder. Odell stated there
would be additional costs associated with the LEEDS certification and stated he would get
back to the Council with the exact dollar amount. Jim Lamont, Vail Village Homeowner's
Association, raised questions regarding costs of the community pavilion. As this item was
intended for informational purposes only, no vote was taken on this item.
The fourth item on the agenda was a presentation on the East and West Meadow
Drive Streetscape project Conceptual Design. Todd Oppenheimer reviewed the two
alternative design concepts for the project. Oppenheimer stated that two conceptual
designs would be presented to the Council, with the hope that one design would be
selected as the preferred alternative and the staff and design team would be directed to
further develop that concept into the Final Conceptual Design project and continue through
the town's design approval process.
Oppenheimer stated on January 9, 2001, that town staff and Joe Kracum of the design
team of Washington Infrastructures Services and Otak/Rock Creek Studios made an
introductory presentation of the project to the Town Council. The two proposals, the 20/6
Solution and the Promenade Solution, were discussed. The 20/6 Solution included a
conventional roadway, intersection, and sidewalk design. The Promenade Solution showed
a unique, unconventional alternative for prioritizing pedestrian and vehicular spaces. Todd
stated public meetings had been held to review the alternatives with the property owners,
but the attendance had not been good enough to get a definite response on either of the
alternatives. Todd stated the estimated cost for either of the alternatives was $3 to $5
million. Tom Braun, of Braun and Associates, and representing the Talisman and Vail
Valley Medical Center, spoke to the Council, addressing concerns regarding the access
to the Talisman. Braun stated the medical center was already working with the town staff
and the consultants to integrate the street redesign into their next development phases.
Councilmember Kevin Foley inquired about the necessity of including snowmelt in some
portions of the project. Councilmember Greg Moffet expressed the importance of including
the streetscape project simultaneously with other redevelopment occurring along Meadow
Drive. Gwen Scalpello, a resident of 9 Vail Road, expressed concerns about pedestrians
and cars safely exiting that project's parking garage. After further discussion, the Council
requested the design team come back with a plan that included a center promenade
section that did not extend as far to the west of Meadow Drive.
The fifth item on the agenda was the second reading of Ordinance #5, Series of 2001, an
ordinance amending the Town Code, Title 12, Chapter 13, to allow for corrections to the
Employee Housing Regulations; Chapter 21, to allow for corrections to the Hazard
Regulations; Chapter 15, to allow for corrections to the Gross Residential Floor Area
Regulations; Chapter 2, to allow for corrections to the definition chapter and for the addition
of a definition of "owner"; to allow for clarification to the PA Zone District; and Title 13,
Chapter 2, to allow for clarification to the definition of "subdivision"; and Title 8, Chapter 3,
to allow for clarification of the Department of Public Works role in the issuance of right-of-
way permits. Allison Ochs, town planner, stated the ordinance had not changed from first
reading. Councilmember Greg Moffet made a motion to approve Ordinance No. 5, Series
of 2001, on second reading and Councilmember Kevin Foley seconded the motion.
Councilmember Sybill Navas asked to discuss the 5% site coverage bonus for lots of 30%
slopes. Pat Dauphinais, local resident and contractor, addressed the Council expressing
support of the 5 percent site coverage bonus, stating that this was needed for the
availability of additional employee housing. Councilmember Diana Donovan stated she
would not be voting in favor of Ordinance No. 5, feeling that this was a change of policy.
Councilmember Sybill Navas stated she agreed with Donovan, stating she was all for
employee housing, but not at any cost. A vote was taken on the motion and the motion
passed 5-2, Navas and Donovan opposing.
The sixth item on the agenda was the second reading of Ordinance No.8, Series of 2001,
an ordinance amending Section 12-71-1-7 of the Town of Vail Zoning Regulations to correct
an error in the prescribed procedure for certain types of Design Review applications for
properties in the Lionshead Mixed-Use 1 Zone District.
George Ruther, Head of Planning, addressed the Council, stating no changes had been
made to this ordinance from first reading. Councilmember Moffet made a motion to
approve Ordinance No. 8, Series of 2001, on second reading and Councilmember Navas
seconded the motion. Moffet amended his motion to add an additional clause the
ordinance, "Whereas, the Vail Town Council finds that it is imperative to clearly articulate
the intent and procedures of the Town's prescribed development regulations and that it
would be irresponsible for the Town to allow inaccuracies in the Zoning regulations to be
perpetuated". A vote was taken on the motion and the motion passed unanimously, 7-0.
The seventh item on the agenda was the second reading of ordinance No. 9, Series of
2001, an ordinance amending the official zoning map for the Town of Vail, zoning the Vail
Golf Course Clubhouse Subdivision" from Outdoor Recreation (or) district to General Use
District. Tom Moorhead, town attorney, stated that no changes had been made to this
ordinance from first reading. Art Abplanalp, attorney representing litigantsin a lawsuit filed
against the town regarding the seasonal placement of the Vail Ice Dome, addressed the
Council, stating the Council did not have jurisdiction to pass a correction ordinance. Town
attorney Moorhead stated the new ordinance took no additional action and was in no way
inconsistent with Council's original intent and action. Councilmember Moffet then made
a motion to approve Ordinance No. 9, Series of 2001, on second reading. Councilmember
Navas seconded the motion. A vote was taken and the motion passed unanimously, 7-0.
The eighth item on the agenda was the Town Manager's Report. Town Manager Bob
McLaurin stated he had nothing to add to the report. McLaurin reported he would be
attending a Senate Public Policy meeting on Senate Bill 216 in Denver on Wednesday and
would e-mail the Council on the findings.
As there was no further business, Councilmember Moffet made a motion to adjourn the
meeting and Councilmember Foley seconded the motion. A vote was taken and the
motion passed unanimously, 7-0.
The meeting was adjourned at 11:05 P.M.
Ludwig Kurz, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Minutes taken by Mary A. Caster
PROCLAMATION NO. 2
SERIES OF 2001
WHEREAS, the Congress and President of the United States have
designated May 15 as Peace Officers' Memorial Day, and the week in which May 15
falls as National Police Week; and
WHEREAS, the members of the law enforcement agency of the Town of
Vail plan an essential role in safeguarding the rights and freedoms of the Town of Vail;
and
WHEREAS, it is important that all citizens know and understand the
duties, responsibilities, hazards, and sacrifices of their law enforcement agency, and
that members of our law enforcement agency recognize their duty to serve the people
by safeguarding life and property, by protecting them against violence and disorder, and
by protecting the innocent against deception and the weak against oppression; and
WHEREAS, the men and women of the law enforcement agency of the
Town of Vail unceasingly provide a vital public service;
NOW, THEREFORE, I, Ludwig Kurz, Mayor of the Town of Vail, call upon
all citizens of the Town of Vail and upon all patriotic, civic and educational organizations
to observe the week of May 14, 2001, as POLICE WEEK with appropriate ceremonies
and observances in which all of our people may join in commemorating law
enforcement officers, past and present, who, by their faithful and loyal devotion to their
responsibilities, have rendered a dedicated service to their communities and, in so
doing, have established for themselves an enviable and enduring reputation for
preserving the rights and security of all citizens.
TO HONOR:
Greg Morrison Jon Swales Mike Warren
Corey Schmidt Mike Knox Charles Owens
Christine Casey Brad. Baldwin Nicola Erb
Kurt Mulson Steve Wright Matt Lindvall
Joe Busch Brian Gregor Susan Douglas
Craig Bettis Mark Allen Steve Erickson
Jim Applegate Joe Russell Michael Bulkeley
Paul Barben Robyn Sederburg Rick Garland
Rusty Jacobs Scott Jansen Kris Lulloff
Dick Gericke Moses Gonzales David Rhoades
Jim Goff Jennifer Rosely Jackie Ogden
Linda Wolz Kathie Hughes Kris Cureau
Caroline Puntenney Jay-Lynn Cheetham Don Elterman
Audrey Gulick Charlie Erickson Cheryl Sauvey
John Moran Samantha Graves Brie Rubin
Nina Bates Susie Huxford Carol Wright
Suzanne Melton Beth Dobransky Becky Comroe
Miranda Steber Beth Ann Uhlrich Chaz Humphreys
Julie Anderson Stephanie Braga Michele Grey
Maryanne Odell
I further call upon all citizens of the Town of Vail to observe Tuesday, May
15, 2001, as PEACE OFFICERS' MEMORIAL DAY in honor of those law enforcement
officers who, through their courageous deeds, have made the ultimate sacrifice in
service to their community or have become disabled in the performance of duty, and let
us recognize and pay respect to the survivors of our fallen heroes.
IN SPECIAL MEMORY OF
Ryan Cunningham
IN WITNESS THEREOF, I have hereunto set my hand and caused the
Seal of the Town of Vail to be affixed.
Ludwig Kurz, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
J dt qH d4,i n
4
f ~o )
( -.of.
c~-td6r
DANIEL JOHNSON
ph. 970.547.4435 email: johnson@vail.net
,-774
. „ , .
In 1962, President!ohn F. Kennedy signed Public Law 87-726 designating May 15 as Peace Officers' Memorial Day, and
the week in which May 15 falls as National Police Week. The law was amended by the Violent Crime Control and Law
Enforcement Act of 1994, Public Law 103-322, signed by President Bill Clinton, directing that the flag of the United States be
displayed at half-staff on all government buildings on May 15 each year. While the actual dates of National Police Week
change from year to year, its observance is always the calendar week, beginning on Sunday, which includes May 15.
May 13-19 is National Police Week in 2001.
Sample Proclamation
Whereas, The Congress and President of the United States have designated May 15 as Peace Officers' Memorial Day,
and the week in which May 15 falls as National Police week; and
Whereas, the members of the law enforcement agency of (municipality) play an essential role in safeguarding the
rights and freedoms of (municipality); and
Whereas, it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices
of their law enforcement agency, and that members of our law enforcement agency recognize their duty to
serve the people by safeguarding life and property, by protecting them against violence and disorder,
and by protecting the innocent against deception and the weak against oppression; and
Whereas, the men and women of the law enforcement agency of (municipality) unceas-
ingly provide a vital public service;
f` Now, therefore, I, (title) of (municipality), call upon all citizens of (municipality) and
upon all patriotic, civic and educational organizations to observe the week of May (date) -
,~(date), (year), as Police Week with appropriate ceremonies and observances in which all
of our people may join in commemorating law enforcement officers, past and present,
~~who, by their faithful and loyal devotion to their responsibilities, have rendered a dedicated
service to their communities and, in so doing, have established for themselves an envi-
able and enduring reputation for preserving the rights and security of all citizens.
I further call upon all citizens of (municipality) to observe (day), May (date), as Peace Officers' Memorial Day
in honor of those law enforcement officers who, through their courageous deeds, have made the ultimate sacrifice in
service to their community or have become disabled in the performance of duty, and let us recognize and pay respect to the
survivors of our fallen heroes.
In witness thereof, I have hereunto set my hand and caused the Seal of the (municipality) to be affixed.
-2-
jutmu oy cruisers, oicycte patrot units, -
motorcycles. What an awesome sight to ~your community to
pray for law
see! r enforcement;
But where are the citizens? Why isn't Invite the community
John Q. Public lining the sidewalks? Do to an Open House;
the citizens law enforcement serves not Promote a Blue
care? Or isn't law enforcement doing Ribbon Campaign;
enough to let the public know their at- Remind the media
tendance would be appreciated? that National
This May, in observance ofNational Police Week is May
Police Week, law enforcement agencies Memorial Day. No one in law enforcement has 13-19 and arrange
across the country will be holding memorial let them know these pro-law enforcement interviews,-
services and open houses. The same ele- activities exist. If we don't promote our own Talk at a school
assembly, senior
ment that is missing in this photo will most cause, why would we expect anyone else to citizens' group, or
likely be missing from those upcoming promote it? other meeting;
memorial services as well if law enforce- When you're planning this year's memorial r Encourage civic
ment doesn't do a better job of letting the service, consider how you can include your leaders to issue an
community know that we want them - no, citizens, too. Notify your local newspapers official proclamation
we NEED them - to join us in these and radio and television stations. Make it well for National Police
events. known in your community that the public is Week (sample on
Chances are, most people in your invited and encouraged to attend. Make them Page 2);
community don't even know there is a feel welcome and included before, during, - Plan presentations at
community service
National Police Week or Peace Officers' and after the ceremony. organizations.
This project was siyY.,.,.,d by Grant Number 98-PS-DX-0002(SO2) awarded by the Bureau of Justice Assistance, Office of Justice Programs, US Department of Justice.
The Assistant Attorney General, Office of Justice Programs, coordinates the activities of the following program offices and bureaus: Bureau of Justice Assistance, Bureau
of Justice Statistics, National Institute of Justice, Office of Juvenile Justice and Delinquency Prevention, and the Office of Victims of Crime. Points of view in this
document are those of the author and do not necessarily represent the official position or policies of the US Department of Justice.
-1-
200 Greg Morrison 230 Rusty Jacobs
201 Jon Swales 231 Scott Jansen
202 Mike Warren 232 Kris Lulloff
203 Corey Schmidt
204 Ryan Cunningham
205 Mike Knox
206 Charles Owens
207 Christine Casey 250 Dick Gericke
208 Brad Baldwin 251 Moses Gonzales
209 Nicola Erb 252 David Rhoades
210 Kurt Mulson 253 Jim Goff
211 Steve Wright 254 Jennifer Rosely
212 Matt Lindvall 255
213 256 Jackie Ogden
214 Joe Busch
215 Brian Gregor
216 Susan Douglas
217
218 Craig Bettis
219 Mark Allen
220
221 Steve Erickson
222
223
224 Jim Applegate
225 Joe Russell
226 Michael Bulkeley
227 Paul Barben
228 Robyn Sederburg
229 Rick Garland
270 Linda Wolz
271 Kathie Hughes
272 Kris Cureau
273 Caroline Puntenney
274 Jay-Lynn Cheetham
278 Don Elterman
279 Audrey Gulick
280 Charlie Erickson
281 Cheryl Sauvey
282
283 John Moran
284 Samantha Graves
285 Brie Rubin
286 Nina Bates
287 Susie Huxford
288 Carol Wright
289 Suzanne Melton
290 Beth Dobransky
291
292 Becky Comroe
293 Miranda Steber
294 Beth Ann Uhlrich
295 Chaz Humphreys
296 Julie Anderson
297 Stephanie Braga
298 Michele Grey
299 Maryanne Odell
employees
ORDINANCE NO. 11
SERIES OF 2001
AN ORDINANCE REGULATING NEIGHBORHOOD ELECTRIC VEHICLES
WHEREAS, vehicles classified as neighborhood electric vehicles or golf carts have been
used in a very limited manner within the Town of Vail; and
WHEREAS, there are presently no Town of Vail regulations governing their use, and
WHEREAS, the Vail Town Council desires to adopt regulations which are consistent
with and reflect the current uses of neighborhood electric vehicles in the Town of Vail.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL THE TOWN OF
VAIL, COLORADO that:
Section 1. TITLE 7, MOTOR VEHICLES AND TRAFFIC, is hereby amended to
include CHAPTER 8, NEIGHBORHOOD ELECTRIC VEHICLES, as follows:
7-8-1: Definitions
7-8-2: Limitations on Operation
7-8-3: Liability
7-8-4: Designated Uses
7-8-5: Exemptions
7-8-6: Prohibited Acts
7-8-7: Violation; Penalty
8-7-1 DEFINITIONS: When used in this chapter, the words and phrases defined in
this Section shall have the meanings respectively ascribed to them as follows:
NEIGHBORHOOD ELECTRIC VEHICLE (NEV): A self propelled, electrically powered motor
vehicle that has a speed attainable in one mile that does not exceed twenty-five miles per hour.
CLASS I NEV: A neighborhood electric vehicle used for the exclusive purpose of transporting
goods from one location to another, and operated by a licensed driver. A Class I NEV must
contain the following equipment:
1. Head lamps
2. Tail lamps with brake light.
3. Brakes.
4. Tires with adequate tread.
A Class I NEV may carry passengers who are employed by the operating entity and are
travelling from one point to another for job-related activities.
CLASS II NEV: A neighborhood electric vehicle used for the exclusive purpose of transporting
persons engaged in the playing of, or maintenance involving, a round of golf at the Vail Golf
Course. Class II NEV's must contain the following equipment:
1. Brakes
2. Tires with adequate tread
and may only be operated by valid, licensed drivers.
COMMERCIAL CORE I & II: Those areas previously defined as "Core Area Parking Map I -
Vail Village" and "Core Area Parking Map II - Lionshead."
LOADING AND DELIVERY OPERATION: The transport of goods from an origination point
to any other points, related to the maintenance and upkeep of a licensed business.
GOLF OPERATION: The transport of persons engaged in the playing of a round of golf, or the
necessary maintenance activities relating to the golf course.
8-7-2 LIMITATIONS ON OPERATION:
Neighborhood Electric Vehicles may only be used for Loading and Delivery Operation and Golf
Operation in designated areas, and will at all times yield to pedestrians, bicycles and motor
vehicles.
8-7-3 LIABILITY:
Each commercial entity operating a Neighborhood Electric Vehicle is liable for that vehicle.
Liability insurance coverage varies, and each entity operating a NEV must verify their coverage
with the Town.
7-8-4 DESIGNATED USES:
A. Commercial Core I
1. Class I NEV
Permitted to travel East Meadow Drive from Vail Road to the Austria Haus westernmost
entrance. Also permitted to travel Vail Road from East Meadow Drive to the West Side
Sonnenalp loading dock.
2. Class II NEV
No permitted uses in Commercial Core I.
B. Commercial Core II
1. Class I NEV
No permitted uses in Commercial Core II.
2. Class 11 NEV
No permitted uses in Commercial Core 11.
C. Golf Course Operations
Due to the location of the golf course maintenance facility, on Vail Valley Drive, Class II
NEV's and similar gas powered maintenance carts may operate in these areas:
Sunburst Drive from the Vail Golf Course clubhouse to Vail Valley Drive, and Vail
Valley Drive from Sunburst Drive to the crossover from hole six to hole seven. Class II
NEV's may also cross Sunburst Drive between holes one and two and holes eight and
nine.
7-8-5 EXEMPTIONS:
A. Special Events
The Town recognizes that NEV's can be useful tools to assist the elderly and handicapped in
certain situations, and grants the Chief of Police or his designee the power to approve
limited, controlled use of Class I or II NEV's when specially requested in other areas of the
Town. Such uses shall not include travel on any Frontage Road, Interstate 70 or Bighorn
Road, and may not exceed a distance of one-quarter mile from their point of origin when in
operation.
The Police Department may also designate a section of Vail Valley Drive from Northwoods
condominiums to the East End of the Soccer Field as open to approved NEV travel during
special community events. Such use must be confined to event-sponsored travel. Normal
Class I NEV's operating in Commercial Core I are limited to their typical boundaries, and
may not use these times as an extension of their service area.
B. Ford Park
Class I and II NEV's may travel the paved paths which immediately surround the Ford Park
and Gerald Ford Amphitheatre, including the two paved parking lots commonly referred to
as `Ford Park.' They may not travel any sidewalk bordering South Frontage Road, or South
Frontage Road itself.
8-7-6 PROHIBITED ACTS:
The following acts are prohibited as relates to the operation of Neighborhood Electric Vehicles:
A. Engaging in the transport of either passengers or goods, which are neither
employees of nor property belonging to, the commercial entity operating the NEV.
B. Picking up or dropping off of employees along any public roadway.
C. Travelling on any Town of Vail dedicated recreation path or sidewalk.
D. Travelling on any portion of roadway not specifically indicated in this ordinance.
E. Violating any moving traffic regulation of the State of Colorado or Town of Vail.
8-7-7 VIOLATION; PENALTY
A. Responsibility for Compliance Shared:
Any person violating any of the provisions of this chapter shall be guilty of a
misdemeanor and, upon conviction thereof, shall be punished for such offense as
provided in section 7-1-6 of this Code.
Both the operator and the commercial entity that owns or controls the NEV are
responsible for compliance with this chapter, and any or all of the same may be
summonsed into Municipal Court, and any or all may be found guilty of a violation
hereof.
B. Any moving traffic violation will be subject to the same penalties prescribed
in either Title 42 of the Colorado Revised Statutes, or the Municipal Traffic Code of
the Town of Vail.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof,
regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or
phrases be declared invalid.
Section 3. The repeal or the repeal and reenactment of any provision of the
Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right
which has accrued, any duty imposed, any violation that occurred prior to the effective date
hereof, any prosecution commenced, nor any other action or proceedings as commenced under or
by virtue of the provision repealed or repealed and reenacted. The repeal of any provision
hereby shall not revive any provision or any ordinance previously repealed or superseded unless
expressly stated herein.
Section 4. 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 15th day of May, 2001, at 7:00 p.m. in the Council Chambers of the
Vail Municipal Building, Vail, Colorado.
Ludwig Kurz, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 29th day of May, 2001.
Ludwig Kurz, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
MEMORANDUM
TO: Vail Town Council
FROM: Steve Thompson
Finance Director
DATE: May 8, 2001
RE: YEAR END FINANCIAL REPORT
Enclosed are several schedules from the town's audit report to help summarize the
operating results for the Fiscal Year 2000. The full audit report will be presented to the
Council on June 19tH
Overall, the year 2000 turned out to be better financially than it started out. The town ended
2000 with $6.7 million in unreserved fund balances, making the reserve to revenue ratio
(that's how much you have in your savings account as a percent of what your annual
income is) 35 percent, or in other words, the town has enough reserves to get through 4.2
months of regular operating expenses. The capital projects and real estate transfer tax
funds combined fund balance make up $16.3 million of all the town's fund balances totaling
$23 million. However, all of the Capital Projects and the Real Estate Transfer Tax fund
savings accounts are allocated for future projects or to finish projects from 1999, except for
$2 million which was set aside in the 2001 capital projects fund budget for unfunded
projects.
The town was able to increase the general fund balance by $1 million, which is $1.3 million
in excess of the amended 2000 budget. We had anticipated a $300,000 loss in fund
balance in the Y2000 amended budget. This $1.3 million came from revenue exceeding
budget by $605,247 and expenditures coming under budget by $761,441. The departments
with the largest savings included police, $226,071; fire, $119,994; and public works,
$115,816 (see page 4 for more details). The excess revenue of $605,247 is made up of
several revenue sources, including sales tax, $167,101; resort fees (lift tax revenue),
$71,723; and parking revenue, $217,417 (see page 3 for more details).
The schedule of major revenues on page 2 shows that many of the town's major sources of
revenue exceeded 1999 by as much as 31 and 26.8 percent for parking revenue and real
estate transfer tax revenue, respectively. If the positive revenue trends at the beginning of
2001 hold out, we can look for excess revenue over budget in 2001.
TOWN OF VAIL
FOR THE FISCAL YEAR ENDING DECEMBER 31, 2000
SUMMARY OF REVENUE AND EXPENDITURES AND CHANGES IN FUND BALANCE
2000
Beginning Operating Revenue Ending
Fund Transfers Over(Under) Fund
Fund Type/Fund Balance Revenue Expenditures In/(Out) Expenditures Balance
General Fund 3,652,554 19,120,477 18,048,723 1,071,754 4,724,308
Snecial Revenue Funds;
Capital Projects Fund 9,654,329 8,240,828 6,982,165 (2,288,506) (1,029,843) 8,624,486
Real Estate Transfer Tax Fund 4,770,099 6,094,639 3,102,176 2,992,463 7,762,562
Vail Marketing Fund 354,854 326,562 28,292 28,292
Debt Service Fund 163,731 39,546 2,321,431 2,288,506 6,621 170,352
Internal Service Funds:
Heavy Equipment Fund 1,183,425 1,807,429 1,661,373 146,056 1,329,481
Health Insurance Fund 742,078 1,269,280 1,533,962 (264,682) 477,396
Dispatch Services Fund 37,794 1,249,887 1,178,773 71,114 108,908
Totals 20,204,uu _38,116,540 35,155,165 3,021,775 23,225,785
Fund Sunnuary 2000 1 5/11/2001
TOWN OF VAIL
COMPARISON OF MAJOR REVENUES
FOR FISCAL YEAR ENDING DECEMBER 31, 2000
Actual Actual Increase
1999 2000 Percent 2001 Needed for Budgeted
Revenue Revenue Increase Budget 2001 Budget Increase
Sales Tax 14,605,858 15,368,598 5.2% 15,578,820 1.4% 3.5%
County Sales Tax 459,664 517,260 12.5% 517,500 0.0% 3.5%
Franchise Fees 564,419 576,901 2.2% 581,785 0.8% 4.8%
Building Revenues 516,999 606,670 17.3% 650,000 7.1% 0.0%
Road & Bridge Revenue 423,671 466,024 10.0% 480,300 3.1%
Highway Users Tax 221,471 225,509 1.8% 226,544 0.5%
Revenues collected in
2000 that exceed the
Lift Tax Revenue 1,710,061 1,961,723 14.7% 1,927,800
Parking Revenue 1,513,610 1,980,421 30.8% 1,763,000
Real Estate Transfer Tax 2,775,545 3,518,178 26.8% 2,900,000
Fines and Forfeitures 223,748 230,548 3.0% 209,458
23,015,046 25,451,832 24,835,207
Revenue Analysis 2000 2 5/11/2001
Town of Vail, Colorado
General Fund
Statement of Revenues
Budget (GAAP Basis) and Actual
For the Year Ended December 31, 2000
(With Comparative Amounts for 1999)
2000 1999
Variance
Amended Favorable Actual
Budget Actual (Unfavorable) (Restated)
Taxes:
General sales taxes 8,593,000 8,760,101 167,101 8,113,554
Property and ownership taxes 2,255,552 2,243,281 (12,271) 2,157,937
Resort fees 1,890,000 1,961,723 71,723 1,710,061
Franchise fees 579,460 576,904 (2,556) 564,419
Penalties and interest on delinquent taxes 25,000 29,350 4,350 23,256
Total Taxes 13,343,012 13,571,359 228,347 12,569,227
Licenses and Permits:
Construction fees 650,000 606,670 (43,330) 516,999
Contractors' licenses 30,603 43,820 13,217 43,735
Other permits and licenses 29,774 45,221 15,447 40,291
Total Licenses and Permits 710,377 695,711 (14,666) 601,025
Intergovernmental Revenues:
County sales tax 500,000 517,260 17,260 459,664
County road and bridge 487,674 466,024 (21,650) 423,671
Additional motor vehicle registration fees 31,366 27,403 (3,963) 27,884
Cigarette tax 118,609 101,451 (17,158) 111,086
Highway users tax 229,720 225,509 (4,211) 221,471
State health inspection 12,157 13,064 907 11,916
Transportation fees 48,277
Other State sources 3,000 23,782 20,782 27,818
Federal sources 23,000 2,000 (21,000) 106,495
Total Intergovernmental Revenues 1,405,526 1,376,493 (29,033) 1,438,282
Charges For Services:
Management fees - Vail
Valley Marketing Board 17,000 16,328 (672) 16,815
Out of district fire response 30,371 57,324 26,953 36,127
Alarm monitoring fees 58,406 53,543 (4,863) 52,578
Parking 1,763,000 1,980,417 217,417 1,513,610
Other charges, services, and sales 106,437 109,681 3,244 106,968
Total Charges for Services 1,975,214 2,217,293 242,079 1,726,098
Other:
Fines and forfeits 300,199 279,367 (20,832) 223,748
Interest on investments 275,000 391,781 116,781 281,197
Rents 420,258 427,329 7,071 322,091
Other 85,644 161,024 75,380 347,951
Proceeds of capital leases 10,665
Total Other Revenues 1,081,101 1,259,501 178,400 1,185,652
Total Revenues 18,515,230 19,120,357 605,127 17,520,284
3
Town of Vail, Colorado
General Fund
Statement of Expenditures
Budget (GAAP Basis) and Actual
For the Year Ended December 31, 2000
(With Comparative Amounts for 1999)
2000 1999
Variance
Amended Favorable Actual
Budget Actual (Unfavorable) (Restated)
Expenditures:
Town officials 1,058,049 977,542 80,507 890,748
Administrative 2,223,165 2,169,297 53,868 2,009,003
Community development 1,254,671 1,195,769 58,902 1,249,981
Public safety - Police 3,833,291 3,607,220 226,071 3,715,222
Public safety - Fire 1,446,244 1,326,250 119,994 1,389,669
Public works 2,289,912 2,174,096 115,816 2,119,981
Public transportation 2,641,397 2,639,831 1,566 2,578,913
Parking 370,359 399,260 (28,901) 288,607
Facility maintenance 2,023,098 1,942,880 80,218 1,744,358
Public library 729,048 716,577 12,471 661,636
Contributions and special events 940,930 900,001 40,929 955,652
Operating transfers to:
Booth Creek Bond Fund 48,132
Total Expenditures 18,810,164 18,048,723 761,441 17,651,902
4
Town of Vail, Colorado
Special Revenue Funds
Capital Projects Fund
Schedule of Revenues, Expenditures, and Transfers
Budget (GAAP Basis) and Actual
For the Year Ended December 31, 2000
(With Comparative Amounts for 1999)
2000 1999
Variance
Amended Favorable Actual
Budget Actual (Unfavorable) (Restated)
Revenues:
Sales tax revenue 6,459,000 6,608,497 149,497 6,492,304
Federal grants 83,500 49,425 (34,075) 81,748
Sales of assets 2,079,000 119,811 (1,959,189) 1,181,647
Special parking assessments 62,340 12,340 (50,000) 53,691
Interest on investments 300,000 551,445 251,445 224,112
State project grants 2,000,000
Leases - Vail Commons 149,480 139,480 (10,000) 139,480
Other 1,549,750 759,830 (789,920) 3,175,717
Other Financing Sources:
Proceeds from capital leases 5,000,000 (5,000,000)
Total Revenues 15,683,070 8,240,828 (7,442,242) 13,348,699
Expenditures and Transfers:
Capital projects and acquisition 15,449,248 6,982,165 8,467,083 6,899,303
Operating Transfers:
Town of Vail Debt Service Fund 2,290,265 2,288,506 1,759 2,120,965
Total Expenditures and
Transfers 17,739,513 9,270,671 8,468,842 9,020,268
5
Town of Vail, Colorado
Capital Projects Fund
Schedule of Project Expenditures
Budget and Actual Comparison
For the Year Ended December 31, 2000
Variance
Amended Favorable
Project Name Budget Actual (Unfavorable)
Library Building Remodel 225,000 10,386 214,614
Vail Vail Fire Station Remodel 3,589 (3,589)
Fire Infrastructure Improvements 5,123,835 14,462 5,109,373
Overlay Muni Building Parking Lot 17,207 56,414 (39,207)
Community Facilities Hub Site 428,491 429,987 (1,496)
Information Center Remodel 8,000 2,029 5,971
Software/Hardware Purchases 80,252 55,288 24,964
Radio Replacement 152,372 151,898 474
PBX System & Operating System Upgrade 300,000 332,280 (32,280)
Snow Plow 125,000 70,190 54,810
Street Sweeper 150,000 111,294 38,706
3rd Sheet of Ice 770,385 680,828 89,557
Buy Down Program 1,100,000 302,916 797,084
Loading & Delivery Study 27,000 17,813 9,187
Parking Study 50,000 38,762 11,238
Street Furniture Replacement 98,000 94,636 3,364
Bus Shelter Replacement Program 26,000 20,065 5,935
Capital Street Maintenance 232,793 127,202 105,591
Parking Structure Maintenance 711,400 613,854 97,546
Street Light Improvement Program 75,000 99,216 (24,216)
Drainage Improvements 140,000 50,965 89,035
Lionshead Improvements 285,638 72,243 213,395
Creekside Employee Housing Units 1,200,000 1,208,678 (8,678)
Way Finding Improvements 642,000 132,331 509,669
West Meadow Drive 100,000 9,250 90,750
Lionsridge Street Project 10,000 11,820 (1,820)
Vail Valley Drive 75,000 35,604 39,396
Lupine Drive/Vail Road/Westhaven Drive 1,200,000 1,221,124 (21,124)
Bus Ramp/Wheelchair Lift 112,650 61,781 50,869
A-Frame Redevelopment 27,000 34,167 (7,167)
Red Sandstone Housing 4,225 17,558 (13,333)
Arosa-Garmisch Site 1,100,000 892,269 207,731
Other Projects 852,000 1,266 850,734
Total Projects 15,449,248 6,982,165 8,467,083
6
Town of Vail, Colorado
Special Revenue Funds
Real Estate Transfer Tax Fund
Schedule of Revenues, Expenditures and Transfers
Budget (GAAP Basis) and Actual
For the Year Ended December 31, 2000
(With Comparative Amounts for 1999)
2000 1999
Variance
Amended Favorable
Budget Actual Unfavorable) Actual
Revenues:
Real estate transfer tax 2,900,000 3,518,178 618,178 2,775,545
Recreation amenities fee 130,000 58,654 (71,346) 20,851
Lottery revenue 25,000 20,125 (4,875) 18,982
Federal revenues 1,798 1,798 18,900
Sales of assets 1,807 1,807
Interest on investments 40,000 478,485 438,485 177,276
Land lease from Vail Recreation District 109,582 106,137 (3,445) 102,251
Other 100,000 1,909,455 1,809,455 28,573
Total Revenues 3,304,582 6,094,639 2,790,057 3,142,378
Expenditures and Transfers:
Project management 25,510 71,933 (46,423) 59,515
Park Maintenance 635,669 605,247 30,422 501,406
Capital projects 3,936,825 2,424,996 1,511,829 683,870
Notes Payable:
Principal retirement 301,268
Interest 39,164
Total Expenditures
and Transfers 4,598,004 3,102,176 1,495,828 1,585,223
7
Town of Vail, Colorado
Real Estate Transfer Tax Fund
Schedule of Project Expenditures
Budget and Actual Comparison
For the Year Ended December 31, 2000
Variance
Amended Favorable
Project Name Budget Actual (Unfavorable)
Ford Park Manor Vail Bridge 48,198 40,747 7,451
Alpine Gardens Contribution 188,500 188,500
Ford Park Management Plan 8,671 (8,671)
Ford Park Improvements 151,249 149,743 1,506
Ford Park '99 Championship Repairs 6,100 11,055 (4,955)
Ford Park Interior Recreation Path 30,000 6,486 23,514
Nature Center Bridge Repair 230,000 19,435 210,565
Ford Ampitheater Remodel 277,500 277,500
Recreation Path Maintenance 115,000 59,024 55,976
Tree Planting 110,000 120,909 (10,909)
Property Acquisition 46,591 (46,591)
New West Vail Park 601,000 424,611 176,389
Buffher Creek Park Expansion 308,218 369,864 (61,646)
Donovan Park Master Plan 164,060 168,537 (4,477)
Donovan Park - Lower Bench 1,000,000 202,922 797,078
Whitewater Park 250,000 159,770 90,230
Red Sandstone Soccer Field 2,750 (2,750)
Stephens Park Improvements 50,000 3,599 46,401
North Trail 100,000 94,961 5,039
Katsos Ranch Bike Path Realignment 95,000 53,646 41,354
Booth Creek Parking Lot 35,000 13,840 21,160
Other 177,000 1,835 175,165
Total Projects 3,936,825 2,424,996 1,511,829
8
Town of Vail, Colorado
Special Revenue Funds
Vail Marketing Fund
Statement of Revenues and Expenditures
Budget (GAAP Basis) and Actual
For the Year Ended December 31, 2000
(With Comparative Amounts for 1999)
2000 1999
Variance
Favorable
Budget Actual Unfavorable) Actual
Revenues:
Business licenses 340,000 326,562 (13,438) 336,293
Interest on investments 1,517 1,517
Other revenue 26,775 26,775
Total Revenues 340,000 354,854 14,854 336,293
Marketing Expenditures:
Payments to VVTCB 323,000 310,234 12,766 319,478
Administration fee 17,000 16,328 672 16,815
Total Expenditures 340,000 326,562 13,438 336,293
9
Memorandum
To: Town Council
From: Nina Timm
Kris Friel
Date: May 15, 2001
Subject: Lottery Application
Attached to this memo is a Vail Commons Resale Lottery Application for Council to
review. A copy of the Master Deed Restriction has not been included. A copy of the
lottery application, Employee Housing Guidelines, and the Master Deed Restriction are
also on the Town's website for people to look at when we don't have applications
available. We currently only have applications available when there is a lottery
underway.
In October of 1999 Council made a couple of changes to the Employee Housing
Guidelines. The changes included adding a requirement that an applicant earn at least
75% of their income working for a business located within Eagle County. An
applicant's immediate family members can not own residential property within Eagle
County (e.g. a spouse may not quit claim deed a unit to the other spouse in order to be
eligible to purchase a TOV unit.) Also, a person may now receive weighted points for
employment or residency within the Town of Vail as long as they have remained
continuously in Eagle County.
'
TOff"N' OF I AIL
Department o`Community Development
75 South Fro-:_---e Road
Pail. Colorado k_'65-
9 "0--'9-=1= X
lvww Ci. mail.
1.1ar; 25, 2001
1
Dea- C-immunity Member.
Tna",kc .ou .for your interest in the Vail Commons. Since its completion in 1997, the
ceve'czment has been occupied 100% by Vail Valley locals.
A.t t7 s Mme. a 2 bedroom, 2 bathroom Vail Commons unit is up for resale to qualifying
2urc^asers. The salient points of basic eligibility are:
The applicant must intend to use a unit as his/her primary residence and
maintain it as his/her primary residence in the future.
The applicant must be employed an average of 30 hours/week per year at a
licensed Eagle County business and maintain this level of employment for as
long as he/she owns the unit.
The applicant must demonstrate that at least 75% of his/her income and
earnings are earned by working at a licensed Eagle County business.
Neither the applicant nor any member of the applicant's immediate family may
own residential real estate in Eagle County, except where that real estate is
deed restricted as a Town of Vail local's housing unit with a resale
appreciation cap.
The applicant must be prequalified with a mortgage lender.
These criteria in their entirety can be found in Section IV, Paragraph A of the
Town of Vail Employee Housing Guidelines, which are included in this packet.)
Once 'asic eligibility has been met, the qualified person submitting the highest bid price
(not to exceed the maximum bid price) withimthe two week bidding period shall be
selecie-d to purchase the unit. If two or more eligible bids are submitted at the highest
bid price, they will be prioritized based on the criteria in the Town of Vail Employee
Housirg Guidelines (Section IV, Paragraph B.) The Town of Vail will conduct a lottery
^ RECYCLEDPAPER
drawing only if two or more eligible persons with the highest bid price fall within the
highest tier.
As you complete the application material, please keep in mind that:
? Completing the submittal will take time. The level of detail being requested is
necessary in order for all applications to be evaluated fairly.
All employment and residency claims must be documented. Any years of
employment or residency that are not supported by reliable and verifiable
documentation will not count toward your score. Affidavits must be notarized.
Only complete and timely applications will be processed.
The deadline for submitting materials is Friday, APRIL 13 at NOON at the Town of
Vail Community Development Department.
? If needed, the lottery will be held on Thursday, April 26 at 5:30 p.m. in the Vail
Town Council Chambers. You or your representative must be present at the start of
the lottery in order to be entered into the drawing.
Your application and documentation will become public documents subject to public
review. The application and documentation will become the property of the Town of
Vail, and will not be returned to you. Therefore, photocopies of original documents
are acceptable and encouraged.
The Town will be conducting open houses at 2094 H Zermatt Lane on Tuesday, April 10
and Thursday, April 12 from 4:30 p.m. until 6:30 p.m. You do not need an appointment
to view the unit at these times.
Staff will be available to assist you with questions about the application from 8:00 a.m.
until 5:00 p.m. Monday through Friday. Please feel free to contact us should you have
questions. You can reach Kris Friel at 479.2454 or Nina Timm at 479.2144.
Sincerely,
Nina Timm Kris Friel
Housing Coordinator Lottery Coordinator
Enclosures
Tips for Completing Your Application
1. Print egibly!
2. Allow ycurself plenty of time to find your documentation. You may have to track down landlords or
employers that have moved in order to receive all your possible points.
3. The more "official" your documentation, the more likely you will receive full points for your
empioyment and residency history. Your employment documentation must prove full-time, year-
round work in order to qualify for points. Good types of documentation include:
'J','2 forms (can work for both employment and residency, if the address is physical)
Cnecx stubs
urrsan Resource departments - some can print out employment histories
~ eaG°S
Voter registration
Votcr vehicle registration
C river's Licenses
Ran receipts or cancelled checks that include the location of the residence
Sank records
Ltility company records or bills
C!d phone books
mere are many others, feel free to call us if you have questions on documentation sources)
Documentation can be combined to fill any "holes" you may have in your history. For example, if you
have a ease from 11/95 through 4/96, but you continued to rent from that landlord from 5/96 through
101% without renewing your lease, your cancelled checks to the same person for both time periods will
fill your 'hcle." Also - different winter and summer jobs can be combined to show one full year of work.
4. If no other documentation can be found, affidavits from employers and landlords will be accepted
only if:
fey include the exact dates of employment or residency
ney include the physical location of the business or residence
ney state whether the employment was full-time or part-time
They include the printed name and title of the employer or landlord
ney include a phone number where the employer or landlord can be reached
-ney are notarized (notary publics can be found at the Town offices and at most banks)
Sample: This letter is to verify that Joe Schmoe worked as waitstaff at the Happy Valley
Restaurant located at 100 Bridge Street in Vail. He was employed with us full-time
from 11/95 through 4/96, part-time from 5/96 - 10/96, and full-time again from
11/96 - 4/97.
1 can be reached at (970) 555-5555 if you have further questions.
Signed,
Jane Doe, Manager
Happy Valley Restaurant
5. Turn in your application on time! Late applications will not be accepted or scored.
Overview of Vail Commons C-22
Statistics of unit:
992 square feet (based on gross calculations)
2 bedrooms
2 full bathrooms
Washer and Gas Dryer
Gas Range
2 parking spaces (1 assigned & covered)
Typical monthly costs of owning a Vail Commons unit will include:
Principal
Interest
Private Mortgage Insurance (usually required if you are putting down less
than 20% of the purchase price)
Taxes
Homeowners' Association Dues
Taxes (for improvements, land is not taxed) for 2000 were $510.84
(The rates may change for 2001 and subsequent years.)
Homeowner' Association dues are $544.50 per quarter and include:
Insurance
Trash Removal
Snow Removal
Water and Sewer
Common Electric
Repairs and Maintenance
Management (McNeill Property Mangement)
Reserves
Accounting/Legal
Postage/Printing
Landscaping
Land Rent
(The dues are controlled by the Homeowner's Association and may be modified in the future.)
Vail Commons C-22 Resale Lottery Application 1. Name: TOWN OF First Middle Last
40'
Street Address (including Town):
Mailing Address (including Town):
Phone Numbers: Daytime Evening
Email Address:
II. Basic Eligibilitv (please initial all items)
A. Household Members (including self):
Name: Age: Relationship:
B. My Bid Price for Vail Commons Unit C-22 is S . (Cannot exceed maximum price of $124,560.53)
I understand that if my submitted bid is for less than the maximum sale's price, I will be put into a secondary lottery if
any bids are received for the maximum sale's price, regardless of my longevity in Eagle County.
YOU MUST COMPLETE THE FIRST THREE PAGES AND THE LAST PAGE EVEN IF YOU HAVE PREVIOUSLY
SUBMITTED AN APPLICATION, OR CURRENTLY OWN A TOWN OF VAIL DEED RESTRICTED UNIT.
LOTTERY APPLICATION
PAGE 1 OF ?
C. I do not currently own vacant land or a residence in Vail or elsewhere in Eagle County as of March 26, 2001 OR
I currently own a Town of Vail deed-restricted unit with a resale appreciation cap. I understand that if I am selected to
purchase for a unit, that I will have to close on said unit according to a reasonable schedule set by the Town. I will be
responsible for arranging any financing necessary in order to carry two mortgages until such time as the Town of Vail can sell
my current unit. I understand that the Town of Vail does not make any guarantees as to the date of sale for my current unit.
D. If selected in the lottery, I v,,ill use the residence as my primary home. More specifically, the property will be utilized
only as my exclusive and permanent place of residence. A permanent residence shall mean the home or place in which one's
habitation is fixed and to which one, whenever he or she is absent, has a present intention of returning after a departure or
absence therefrom, regardless of the duration of absence. (In determining what is a permanent residence, the Town staff shall
take the following circumstances relating to the owner of the residence into account: business pursuits, employment, income
sources, residence for income or other tax purposes, age, marital status, residence of parents, spouse and children if any, location
of personal and real property, and motor vehicle registration.)
E. I am currently working an average of hours per week at the following business(es) located with in Eagle County
which are registered with business licenses within the appropriate jurisdiction (Town of Vail, Town of Avon, etc.) I intend to
continue to work for this (these) Eagle County business(es) for an average of at least 30 hours per week in the future.
F. I have attached a legible copy of my current pay stub(s).
G. I am aware that 75% of my income must be earned at a licensed Eagle County business. I have attached legible copies of
my 2000 Federal Income Tax Return and all 2000 forms (i.e. W2s, 1099s, etc.)
H. I have attached a legible copy of my current Colorado driver's license.
I. I have secured a mortgage prequalification based on a full credit report and have attached a letter from a lender stating
as such.
J. I am aware that the application and all documentation must be submitted no later than 12:00 noon on March 30, 2001 at
the Town of Vail Community Development Office. I am aware that this packet in its entirety will become the property of the
Town of Vail, so I have included photo copies of any original documentation that I wish to keep.
LOTTERY APPLICATION PAGE 2 OF 7
INITIAL HERE IF YOU ARE A CURRENT TOV DEED-RESTRICTED UNIT OWNER. DOCUMENT YOUR EMPLOYMENT
HISTORY FROM YOUR DATE OF PURCHASE TO THE PRESENT - THEN SKIP TO CERTIFICATION
INITIAL HERE IF YOU ARE A PREVIOUS LOTTERY APPLICANT. DOCUMENT YOUR EMPLOYMENT AND RESIDENCY
HISTORY FOR THE TIME FRAME BETWEEN YOUR LAST SUBMITTAL AND THE PRESENT - THEN SKIP TO CERTIFICATION
III. Longevity in the Area
A. Employment
Current years of employment in Vail will be weighted 3:1 over current years of employment elsewhere in Eagle County. All years
of employment prior to an absence from Eagle County will be given points at a 1:1 ratio regardless of location within Eagle
County. Below, list each business for which you have worked within Eagle County. Begin with the most recent. Include the
name of the business, the street location and town where you worked, the duration of employment (i.e., 11/93 to 3/96), and the total
number of years and months employed at that location. If your employer has several business locations in the County and for
example, you worked at different locations for different seasons, list each physical location at which you worked separately.
Describe the documentation you have attached for each time period and location. Do not put phone numbers on the
documentation lines - we will not verify any employment without documentation. If affidavits are used, they must be notarized.
If you are applying as a couple to jointly own the property, provide the employment history of the one person whose record is the
longest.
Business Name and Phone Number Physical Location Duration of Total Documentation Provided
(Street Address and Town) Employment years/months (e.g. W-2s, taxes, H.R.
records, check stubs, etc.)
NO PHONE NUMBERS
1 • to years
months
to years
months
LOTTERY APPLICATION PAGE 3 OF 7
3. / to / years
months
4. to / years
months
5. to / years
months
6. to / years
months
7. to / years
months
8. to / years
months
9. / to / years
months
10. to / years
months
ADD ADDITIONAL PAGES, IF NECESSARY
LOTTERY APPLICATION PAGE 4 OF 7
B. Residency
Current years of residency in Vail will be weighted 3:1 over current years of residency elsewhere in Eagle County. All years of
residency prior to an absence from Eagle County will be given points at a 1:1 ratio regardless of location within Eagle County. Below,
list each place you have lived within Eagle County. Begin with the most recent. Include the physical location (street address and
town), the duration of residency (i.e., 11/93 to 3/96), and the total number of years and months lived at that location. Describe the
documentation you have attached for each time period and location. Do not put phone numbers on the documentation lines - we will
not verify any residency without documentation. If affidavits are used, they must be notarized. If you are applying as a couple to
jointly own the property, provide the residency history of the one person whose record is the longest.
Residence Location Duration of Total Documentation Provided
(Physical Address, Residence Years/Months (e.g. leases, utility records or
Unit and Town) bills, voter registration, etc.)
NO PHONE NUMBERS
1 • to years
months
17 • to years
months
3. / to years
months
4. / to years
months
LOTTERY APPLICATION PAGE 5 OF 7
5. / to years
months
6. / to years
months
7. to / years
months
8. / to years
months
9. / to / years
months
10. to years
months
ADD ADDITIONAL PAGES, IF NECESSARY.
LOTTERY APPLICATION PAGE 6 OF 7
CERTIFICATION
I/We affirm that foregoing information is true, complete and accurate as of this _ day of , 2001. I/We understand that any
inaccuracy or incomplete statement will disqualify me/us from eligibility for purchase of the unit.
I/We have read the Master Deed Restriction and the Town of Vail Employee Housing Guidelines. I/We understand the implications of each, and
will abide by them if selected to purchase the unit.
I/We understand that this application in its entirety will become the property of the Town of Vail. I/We also understand that the deadline for
submitting these materials is 12:00 noon on April 13, 2001. I/We understand that incomplete or late applications will not be accepted or scored.
I/We understand that the lottery, if needed, will be held on April 26, 2001 at 5:30 p.m. in the Town of Vail Council Chambers. I/We also
understand that I/we must be present at the start of the lottery in order to be entered into the drawing.
I/We can enter into a contract to purchase within four (4) days of being selected in this lottery process and have the ability to put 3% of the purchase
price (53736.81) down as earnest money at the time of signing the contract.
The mortgage lender prequalification letter that I/we have submitted from is an accurate reflection of my/our
financial status. I/We realize that securing a loan commitment will require additional review by a lender and past financial records will be
scrutinized. I/We realize that I/we may lose my/our earnest money if I/we have made faulty statements in the prequalification process and cannot
secure a permanent mortgage loan commitment or otherwise do not proceed to closing after signing a contract.
I/We understand that the construction site is private property. I/We understand that trespassing on the site is not allowed, even if I/We have signed a
contract.
Signed this day of , 2001 by
and
signature signature
print or type name print or type name
LOTTERY APPLICATION
PAGE 7 OF ?
THE TOWN OF VAIL
EMPLOYEE HOUSING GUIDELINES
10-19-99
Town of Vail
Employee Housing Guidelines
10/ 19/99 Page I of I I
J
1. PURPOSE
The purpose of the Employee Housing Guidelines (Guidelines) is to set forth the occupancy
requirements, re-sale procedures, and resale price limitations for the Town of Vail deed
restricted for-sale employee housing. Additional information pertaining to Employee Housing
Unit deed restrictions can be found in the applicable Master Deed Restriction Agreement (Master
Deed Restriction) for the occupancy and resale of certain projects such as Vail Commons. Prior
to closing on a employee housing unit, the owner must sign an individual deed restriction which
references the Guidelines and the Master Deed Restriction which will be recorded at the closing,
and which will run with the property in perpetuity.
II. MAXIMUM RESALE PRICE
An owner may desire to sell a deed-restricted Employee Housing Unit provided that the resale
price and prospective purchaser meet the standards of the Guidelines and the Master Deed
Restriction. Resale price may not exceed:
A. The original price plus
B. An increment equal to 3% per annum of the original purchase price from the date
of purchase (prorated at the rate of 025% for each whole month of any part of
any year) plus
C. The value of capital improvements (including professional architect's fees) made
to the Employee Housing Unit not exceeding 10% of the original purchase price.
For every ten years from the date of original purchase and deed restriction,
another ten percent of the purchase price may be added to the value of the
property for capital improvements plus
D. The value of any special assessments made by a homeowner's association or by a
local government that has been paid by the owner.
Additional details regarding resale value as well as calculation methods are provided in the deed
restriction.
III. RESALE PROCEDURES
The deed-restricted unit must be listed for sale with the Town of Vail.
A. Listing the Unit with the Town of Vail: Staff Duties
1. An owner of an affordable housing unit desiring to sell should consult
with Town staff (Housing Division) and review the individual deed
restriction and the Master Deed Restriction covering the unit to determine
the maximum sales price permitted and other applicable provisions
concerning a sale. Unless-otherwise provided in the Master Deed
Restriction, the unit must be listed for sale with the Town and the Town
Town of Vail
Employee Housing Guidelines
10/19/99 Page' of I I
1
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 '/2 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 of the above, the staff will be acting on behalf of the Town. It
should be clearly understood by and between all parties to a sales
transaction that the staff members are not acting as licensed brokers to the
transaction, but as representatives of the Town and its interests. They
shall nevertheless attempt to help both parties consummate a fair and
equitable sale in accordance with the then current Guidelines.
4. All purchasers and sellers are advised to consult legal counsel regarding
examination of title and all contracts, agreements and title documents.
The retention of such counsel, licensed real estate brokers, or such related
services, shall be at purchaser's or seller's own expense. The fees paid to
the Town are to be paid regardless of any actions or services that the
purchaser or seller may undertake or acquire.
B. Advertising the Sale: Bid Periods
1. After a unit is listed for sale with the Town, the Town will arrange to
advertise the unit for sale in two consecutive Friday editions of the Vail
Daily and the Vail Trail. When a unit is first listed, there is an initial two-
week bid period during which the unit will be advertised with two open
house dates when the unit may be viewed by interested parties. The initial
two-week bid period ends on the Friday after the second week of
advertising. If no bids are received during the initial bid period, there will
follow consecutive one-week bid periods, ending on Friday, until the unit
is sold.
2. If more than one bid is received during any bid period, the bids shall be
prioritized according to the criteria of the then current Guidelines. If more
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
Town of Vail
Employee Housing Guidelines
10/19/99 Page: of I I
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 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.
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
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.
Tow-i of Vail
Emp,ovee Housing Guidelines
10, J Q w Paee 4 of I I
4
D. Deed Restriction:
The purchaser must execute, in a form satisfactory to the Town and for recording
with the Eagle County Clerk concurrent with the closing of the sale, a document
acknowledging the purchaser's agreement to be bound by (1) the recorded Master
Deed Restriction covering the sale unit and (2) the then-current Guidelines.
IV. RESALE LOTTERY CRITERIA
A. There are 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.
3. The applicant must demonstrate that at least 75% of his/her income and
earnings are earned by working at a licensed Eagle County business.
4. 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 County at the
time of application, except where that real estate is deed restricted as
a Town of Vail employee housing unit with a resale appreciation cap.
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.
5. The applicant must be prequalified with a mortgage lender.
6. For all Town of Vail deed restricted three bedroom units, the applicant
must have a household size of 3 or more persons. For the purposes of
determining household size, applicants may include all persons related to
the applicant by blood, marriage, or adoption. If the applicant plans to
include dependents, they must be 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
Town of Vail
Employee Housing Guidelines
10/ 19/99 Page 5 of I I
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family size requirement as long as a note from an Eagle County 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
determined as follows:
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 County.
3. All years of residence and/or employment prior to a leave from Eagle
County will be given points at a 1:1 ratio regardless of location
of residency or employment within Eagle County.
C. Notes:
1. The physical place of residence and employment is what counts, not the mailing
address.
Employment physically located on Vail Mountain shall be considered inside the
Town of Vail.
3. Employment requiring work to be completed at locations "on-site" throughout
Eagle County (e.g., construction sites) shall be considered outside the Town of
Vail.
4. Seasonal work and part time work shall be counted on a pro-rata basis. Seasonal
work and part time work alone may not be adequate to meet the 30 hours/week
average annual requirement. This type of work may need to augment other
employment to meet the minimum eligibility.
5. For the purposes of determining the standing of each applicant, each year of
residency (or employment) reflects one point. For the portion of time in excess of
a complete year, the Town will round to the next highest number if the time
exceeds six months and one day. If the time is less than six months, the Town
will round down.
Town of Vail
Employee Housing Guidelines
10/ 19/99 Page 6 of 1 I
6. If two individuals are applying jointly, the years of employment and/or residency
shall not be combined. The single individual with the longest record of
employment and/or residency shall use his or her record for the purposes of
determining longevity.
7. Persons who own residences located in Vail or Eagle County at the time of the
application deadline are not eligible.
8. All claims will be verified by Town of Vail staff. Claims of residence or
employment that do not check out or are un-verifiable will not be counted in
determining your longevity.
9. If there is a sole applicant in the top tier of the lottery, the scheduled lottery will
not be conducted and the unit will be awarded to the top tier applicant. A drawing
to establish the reserve list will be held in the Community 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 outlined
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.
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
Town of Vail
Employee Housing Guidelines
10/ 19/99 Page 7 of I 1
wale County for an average of thirty hours per week on an annual basis.
Notes:
A leave of absence may be granted for one year, subject to clear and convincing
evidence which shows a reason for leaving and a commitment to return to the
Vail Eagle County area may be approved by the Town. Said evidence shall be in
,,written form presented to the Town for review and recommendations 30 days
prior to leaving. The Leave of Absence shall be for one year and may, at the
discretion of the Town, be extended for one year, but in no event shall it exceed
vo vears. The unit must be rented during said year or years to residents who
:omply with occupancy requirements. Rental periods shall be not less than 30
days. After verification and qualification of tenant(s), a copy of the executed
base shall be furnished to the Town.
Ifthe Employee Housing Unit is listed for sale and the owner must relocate to
:mother area, the unit may, upon approval of the Town, be rented prior to
completion of the sale to persons who comply with the occupancy requirements.
A letter must be sent to the Town of Vail Housing staff requesting permission to
rent the unit until sold. A lease of not less than (6) months must be provided to
the tenants with a sixty (60) day move out clause upon notification that the unit is
sold.
C. Occupants may request waivers to the provisions of this section by providing a
,ritten request to the Town of Vail Housing staff, which will then be forwarded
to the Town Council for their consideration.
Co-signers may be allowed but shall not occupy the unit unless the occupancy
equirements of this section are met.
VI. _A- NUAL VERIFICATION REQUIRED; PENALTIES FOR VIOLATION
A. No later than February 1st of each year, the owner of the restricted employee
housing unit shall submit two copies of a sworn affidavit on a form to be obtained
Yom the Community Development Department, to the Town of Vail Housing
Authority and the Town of Vail Community Development Department verifying
ghat 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.
3. If the Town determines that there has been a violation of the occupancy standards,
he 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 Title 1, Chapter 4. Any misrepresentation by an applicant in submittal
Town of, L.
E-.oiovee rDus;c_= l; _-aelinezs
,::,IQ 99 Page 8of11
material shall disqualify the applicant from purchasing an Employee Housing
Unit.
VII. SUBMITTAL REQUIREMENTS
In conjunction with completing an application to purchase an Employee Housing Unit, the
applicant shall provide, upon request by the Town, the following documentation as proof of
residency and employment:
A. Federal Income Tax return forms. Applicant must provide the last four (4) years
of Federal Income Tax Returns, an audited financial statement, or acceptable
documentation to the Town.
B. Verification of current employment in Vail or Eagle County (i.e., wage stubs,
employer name, address and phone number or other appropriate documentation as
requested by the Town).
C. Landlord verification (proof of residency, physical address).
D. Valid Colorado Driver's License (address, issue date).
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.
1. Any documentation which the Town deems necessary to make a determination.
VIII. FORECLOSURE
In the event of a foreclosure or of acceptance of a deed in lieu of foreclosure by the holder
(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 manner:
Town of Vail
Employee Housing Guidelines
10/19/99 Page 9 of I I
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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.
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 cert ified 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
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10/191/99 Page 10 of I I
options created by this Option to Purchase shall be unlawful or void for violation of. (a)
the rule against perpetuities or some analogous statutory provision, (b) the rule restricting
restraints on alienation, or (c) any other statutory or common law rules imposing like or
similar time limits, then such provision shall continue only for the period of the lives of
the current duly elected and seated Town Council of the Town of Vail, Vail, Colorado,
their now living descendants, if any, and the survivor of them, plus twenty-one (21)
years.
f. Successors and Assigns.
Except as otherwise provided herein, the provisions and covenants 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 purchase 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
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