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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 i J f 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 E 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 Y 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, r 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 J# 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 1 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 Town of Vail Employee Housing Guidelines 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 10/ 19/99 Page 1 I of I I