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HomeMy WebLinkAbout2002-12-03 Support Documentation Town Council Work SessionAGENDA VAIL TOWN COUNCIL WORK SESSION Tuesday, December 3, 2002 2:00 P.M. 1. TOV 4th Quarter Anniversaries: (20 min.) Susan Boyd - 20 years Robert Riggle - 30 years Rudolfo Maestas - 10 years Cheryl Roberts - 10 years Cynthia Vanhoose-Sorensen - 20 years Mike McGee - 25 years 2. Bob McLaurin ITEM/TOPIC: Continued Revenue Discussion -Next Steps (1 hour) - Use Tax - Review Vail Tomorrow Objectives - Fine tuning town's expenses - Funding capital improvements in Vail Village and Lionshead - Mill Levy from 1992-A Bonds - Formation of citizens advisory group 3. Judy Camp ITEM/TOPIC: Ordinance 32, An Ordinance Adopting a Public Matt Mire Accommodation Tax; Providing Amendments to the Town's Sales Tax Code; and Setting Forth Details in Regard Thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Approve/ Approve with conditions BACKGROUND RATIONALE: On November 5, 2002 the voters of the Town approved the levy of a lodging tax of 1.5% and an increase in the Town sales Tax rate from 4% to 4.5% in order to finance a conference center. This ordinance implements that mandate. STAFF RECOMMENDATION: Approve/ Approve with conditions 4. DRB (11/20)/PEC (11/25) Report. (5 min.) 5. Information Update. (5 min.) 6: Matters from Mayor and Council. (5 min.) 7. Adjournment. (3:50 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, DECEMBER 17, 2002, BEGINNING AT 2:00 P.M. IN THE TOV COUNCIL CHAMBERS. F:mcaster/agenda/worksession/2002/ 111902 THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, DECEMBER 17, 2002, 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. F:mcaster/agenda/worksession/2002/ 111902 Parking 2002-2003 November 27 to December 2 recap. • Value Lot @VTC averaged 62 cash transactions for 0 to 3 hours, per day. Cash transactions for 3 to 24 hours averaged 3 tickets per day. Lowest inventory of empty spaces occurred on November 30 at 2p.m. with 9 spaces remaining. • Value Lot @Lionshead averaged 2 cash transactions for 0 to 3 hour stays. No 3 to 24 hour cash transactions sold during this period. Lowest inventory of empty spaces on November 30 at 2:30 p.m. with 50 spaces remaining. • Ford Park average daily use 69 cars per day. • Soccer Field fills no later than 8:15 daily. • Donovan park daily average 4 cars. Parking complaints and solutions. • We have installed a decal with the Parking Supervisor cell phone number at all remote devices to speed up repair time. • Complaint: Pink and blue passes on outlying lots not working at entry. Solution: Some customers tried multiple entries with one card, system prohibits this. Parking lot was full at Soccer Field, system is programmed to close when lot is full. A number of passes had been used in the Village structure after 3p.m., they should have been left by 3.a.m, some left after 3a.m. The late passes would not work at any exit or entry. We have extended the exit time to l0a.m. • Complaint: Credit cards will not work when adding value to the value cards at VTC and Lionshead. Solution: Programming error in Pioneer digital equipment will be fixed by December 4, 2002. Until then value can be added at the machines with cash or at the municipal building with a credit card. • Complaint: ADA value card users need to be on the first floor of the Lionshead and Village parking structures. Solution: We will program a value card that will work through the toll gates for those customers who are covered by the ADA. ORDINANCE NO. 32 SERIES 2002 AN ORDINANCE ADOPTING A PUBLIC ACCOMODATION TAX; PROVIDING AMENDMENTS TO THE TOWN'S SALES TAX CODE; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, at an election held on November 5, 2002, the voters of the Town approved the following ballot question: SHALL THE TOWN OF VAIL DEBT BE INCREASED $50,060,000 WITH A REPAYMENT COST OF $95,610,000 AND SHALL TOWN TAXES BE INCREASED $3,830,000 ANNUALLY AND BY WHATEVER ADDITIONAL AMOUNTS AS ARE RAISED ANNUALLY THEREAFTER FROM THE LEVY OF THE TAXES DESCRIBED HEREIN FOR THE PURPOSE OF FINANCING THE CONSTRUCTION AND OPERATION OF A CONFERENCE CENTER SUBJECT TO THE FOLLOWING LIMITS: • THE TAX INCREASE SHALL BE ACCOMPLISHED BY THE LEVY OF A TOWN LODGING TAX AT THE RATE OF 1.50% AND AN INCREASE IN THE TOWN SALES TAX RATE FROM 4.00% TO 4.50%; • THE LODGING TAX SHALL BE LEVIED ON THE PRICE PAID FOR THE RENTING OR LEASING OF LODGING FOR LESS THAN THIRTY CONSECUTIVE DAYS; • THE INCREASED SALES TAX SHALL APPLY TO ALL TRANSACTIONS THAT THE TOWN'S EXISTING SALES TAX APPLIES TO EXCEPT FOR THE SALES OF FOOD FOR HOME CONSUMPTION; • THE INCREASE IN THE SALES TAX AND THE LODGING TAX SHALL TERMINATE WHEN THE DEBT IS PAID IN FULL; • SUCH DEBT SHALL BE EVIDENCED BY THE ISSUANCE OF REVENUE BONDS PAYABLE FROM THE TAXES AUTHORIZED BY THIS QUESTION AND OTHER TOWN REVENUES AS THE COUNCIL MAY DETERMINE; SUCH BONDS TO BE SOLD IN ONE OR MORE SERIES ON TERMS AND CONDITIONS AND WITH SUCH MATURITIES AS PERMITTED BY LAW AND AS THE TOWN COUNCIL MAY DETERMINE, INCLUDING PROVISIONS FOR REDEMPTION OF THE BONDS PRIOR TO MATURITY WITH OR WITHOUT PAYMENT OF A PREMIUM; AND SHALL THE PROCEEDS OF SUCH DEBT AND TAXES AND ANY EARNINGS FROM THE INVESTMENT OF SUCH PROCEEDS AND REVENUES BE COLLECTED AND SPENT AS A VOTER APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION?; and Ordinance 32, Series of 2002 WHEREAS, in order to implement the conference center project approved at the election, the following amendments to the Vail Town Code are necessary to provide for the increase in the sales tax and to provide for the lodging tax approved at the election. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: ' Section 1. Beginning January 1, 2003, Title 4 of the Vail Town Code is hereby amended by the addition of Chapter 12 to read as follows: CHAPTER 12 PUBLIC ACCOMODATION TAX SECTION: 4-12-1: Title and Intent 4-12-2: Purpose and Use of Tax Revenues 4-12-3: Definitions 4-12-4: Imposition and Rate of Tax 4-12-5: Collection; Administration; and Enforcement 4-12-6: Transactions Exempt from Tax 4-12-7: Separate Fund; Expenditures 4-12-8: Advertisement of Assumption or Absorption of Tax Prohibited 4-12-9: Tax Additional 4-12-10: Violation; Penalty 4-12-1 TITLE AND INTENT: This Chapter shall be known as and referred to as the "Vail Public Accommodation Tax," and the intent of this Chapter is to impose a tax upon every person who, for consideration, leases or rents any lodging accommodation located in the Town of Vail for less than thirty (30) consecutive days, and to impose the obligation to collect the tax provided for by this Chapter upon any person who furnishes lodging services for less than thirty (30) consecutive days. 4-12-2 PURPOSE AND USE OF TAX REVENUES: The purpose of this Chapter is to impose a lodging tax which will be borne by transient persons using lodging services within the Town of Vail for less than thirty (30) consecutive days. The lodging tax will provide revenues for the purpose of financing the construction and operation of a conference center in the Town of Vail. A portion of the revenue derived from the tax imposed by this Chapter, as provided herein, will also be allocated for administrative and clerical expenses. The tax provided for in this Chapter shall terminate when the bonds to be issued to finance the conference center have been paid in full. Ordinance 32, Series of 2002 2 4-12-3 DEFINITIONS: When not clearly otherwise indicated by the context, the following terms, words and phrases as used in this Chapter have the following meanings: FINANCE DIRECTOR: The Finance Director for the Town of Vail or his or her designated representative. LODGING ACCOMMODATION: Any room in a hotel, apartment hotel, lodging house, fractional fee club, time share, motor hotel, guesthouse, guest ranch, trailer coach, mobile home, auto camp, condominium, single family residence, lodge, trailer court and park, or any such similar place. LODGING CUSTOMER: Any person who, through a taxable lodging transaction, acquires lodging services from a lodging provider. LODGING PRICE: The gross price paid, exclusive of other taxes paid or value given by the lodging customer for lodging services. LODGING PROVIDER: Any person furnishing lodging services or such provider's authorized agent. LODGING SERVICES: See Section 4-3-1-2 of this Title 4 LODGING TAX: An excise tax payable by the purchaser of lodging services or the aggregate amount of taxes due from a lodging provider during the period for which such person is required to report the collections of lodging tax as herein specified. LODGING TRANSACTION: The furnishing of lodging services to any person who, for consideration, uses, possesses or has the right to use or possess any lodging accommodation under any concession permit, right of access, license to use or other agreement, or otherwise. 4-12-4 IMPOSITION AND RATE OF TAX: On and after January 1, 2003, there is levied and shall be paid and collected a tax of one and one- half percent (1.5%) on the price paid for lodging services in the Town of Vail. 4-12-5 COLLECTION; ADMINISTRATION; AND ENFORCEMENT: To the extent they do not conflict with this Chapter and to the extent the subject matter is not controlled by provisions of this Chapter, all provisions provided for in Chapter 3 of this Title 4, as amended, regarding the collection, administration and enforcement of the Town' sales tax, shall apply to the collection, administration and enforcement of the Vail Public Accommodation Tax. Notwithstanding the foregoing, the Town Manager may adopt rules and regulations in conformity with this Chapter for the proper administration and enforcement of this Chapter. The administration of this Ordinance 32, Series of 2002 3 Chapter is vested in and shall be exercised by the Town Manager. The Finance Director shall assist the Town Manager in the administration of this Chapter, to the extent provided herein, and of the rules and regulations promulgated hereunder. 4-12-6 TRANSACTIONS EXEMPT FROM TAX: The following lodging transactions shall be exempt from taxation under this Chapter: A. All lodging services provided to the United States government and to the State, its departments and institutions and the political subdivisions thereof in their governmental capacities only, including the Town of Vail and any department thereof; B. All lodging services provided to religious and charitable organizations in the conduct of their regular religious and charitable functions and activities only; C. All lodging services provided to persons whom the Town is prohibited from taxing under the Constitution, laws of the United States, the State, or the Town's Charter. 4-12-7 SEPARATE FUND; EXPENDITURES: A. All revenues derived from the Vail Public Accommodation Tax, less costs of collection and administration, shall be placed in a special fund, to be known as the Conference Center Fund, which shall be separate and distinct from the general fund. All interest derived from the investment of revenues within such special fund shall also be deposited for the benefit of the Conference Center Fund. B. There shall be budgeted from the monies received from the imposition of the Vail Public Accommodation Tax an amount necessary to reimburse the Town for administrative and clerical expenses incurred in the administration and collection of the tax authorized by this Chapter. 4-12-8 ADVERTISEMENT OF ASSUMPTION OR ABSORPTION OF TAX PROHIBITED: It shall be unlawful for any person providing lodging services to advertise or hold out or state to the public or to any lodging customer, directly or indirectly, that the tax or any part thereof imposed by this Chapter will be assumed or absorbed by the lodging provider or that it shall not be added to the lodging price of the property sold or the services tendered, or if added, that it or any part thereof shall be refunded. 4-12-9 TAX ADDITIONAL: The tax imposed by this Chapter shall be in addition to all other taxes imposed by law, except as otherwise provided in this Chapter. Ordinance 32, Series of 2002 4 4-12-10 VIOLATION; PENALTY: Any person convicted of violating any of the provisions of this Chapter shall be subject to penalty as provided in Section 1-4-1 of this Code. Section 2. Beginning January 1, 2003, Section 4-3-1-2 of the Town Code is amended by the addition of the following: CONFERENCE CENTER SALES TAX: A sales tax at the rate of one half percent (.5%) approved at the election of November 5, 2002. FOOD FOR HOME CONSUMPTION: food for domestic home consumption as defined in 7 U.S.C. sec. 2012(g), as amended, for purposes of the federal food stamp program as defined in 7 U.S.C. sec. 2012(h), as amended; except that "food" does not include carbonated water marketed in containers; chewing gum; seeds and plants to grow foods; prepared salads and salad bars; packaged and unpackaged cold sandwiches; deli trays; and hot or cold beverages served in unsealed containers or cups that are vended by or through machines or non-coin- operated coin-collecting food and snack devices on behalf of a vendor. Section 3. Beginning January 1, 2003, Section 4-3-1-5 of the Town Code is amended to read: If any vendor, during any reporting period, collects as a tax an amount in excess of four and one-half percent (4.5%) of such vendor's total taxable sales, then such vendor shall remit to the Finance Director the full net amount of the tax imposed in this Chapter and also such excess amount. The retention by the retailer or vendor of any excess amount of tax collections over the four and one-half percent (4.5%) of the total taxable sales of such retailer or vendor or the intentional failure to remit punctually to the Finance Director the full amount required to be remitted by the provisions of this Chapter is declared to be a violation of this Chapter and shall be recovered, together with interest, penalties and costs as provided in this Chapter. Section 4. Beginning January 1, 2003, Section 4-3-1-9 of the Town Code is amended to read: The monies received by the Finance Director from the tax imposed and collected pursuant to this Chapter shall be deposited in the General Fund and Capital Projects Fund of the Town. Provided, however, that the proceeds of the one half percent (.5%) Conference Center Sales Tax shall be accounted for in a special fund Ordinance 32, Series of 2002 5 to be known as the Conference Center Fund and shall be used solely for the purpose of financing the construction and operation of a conference center. There shall be budgeted from the monies received from the imposition of the Conference Center Sales Tax an amount necessary to reimburse the Town for administrative and clerical expenses incurred in the administration and collection of said tax. The Conference Center Tax shall terminate when the bonds to be issued to finance the conference center have been paid in full and thereafter the rate of sales tax collected under this Chapter shall be four percent (4%) Section 5. Beginning January 1, 2003, Section 4-3-3-2(A) of the Town Code is amended to read: A. When Due And Payable: Every retailer, also in this Chapter called "vendor", engaged in business in the Town shall, irrespective of the provisions of Section 4-3-3-3 of this Chapter, be liable and responsible for the payment of an amount equal to four and one-half percent (4.5%) of all sales made by such retailer of commodities or services as specified in Section 4-3-3-1 of this Chapter and shall before the twentieth day of each month make a return to the Finance Director for the preceding calendar month and remit an amount equal to said four and one-half percent (4.5%) on such sales to said Finance Director. For the purposes of this subsection, all such returns and remittance shall be considered made to the Finance Director on or before the twentieth day of each month if they are sent via the United States mail and are postmarked on or before the twentieth day of each month. If the twentieth day of any month falls on a weekend or holiday, said return and remittance may be postmarked the following business day. Such returns of the taxpayer or duly authorized agent shall be furnished by the Finance Department. The Town shall use the standard municipal sales tax reporting form and any subsequent revisions thereto adopted by the Executive Director of the Department of Revenue by the first month commencing one hundred twenty (120) days after the effective date of the regulation adopting or revising such standard form. Section 6. Beginning January 1, 2003, Section 4-3-3-1(E)(1) of the Town Code is amended to read: 1. Upon all sales of food. Provided, however, that food for home consumption shall be exempted from the one half percent (.5%) Conference Center Sales Tax only as provided for herein; Ordinance 32, Series of 2002 6 Section 7. Beginning January 1, 2003, Section 4-3-3-3(B) of the Town Code is amended to read: B. Percentage Of Tax: There is imposed upon all sales of commodities and services specified in Section 4-3-3-1 of this Chapter, a tax at the rate of four and one-half percent (4.5%) of the amount of the sale, to be computed in accordance with the schedules or system set forth in the rules and regulations prescribed therefor. Said schedules or systems shall be designed so that no such tax is charged on any sale of twenty four cents ($0.24) or less. Section 8. Beginning January 1, 2003, Section 4-3-3-6 is amended by the addition of the following: In addition to the foregoing, the following goods and services shall be exempt from the one half percent (.5%) Conference Center Sales Tax only: A. The sales of food for home consumption. Section 9. Beginning January 1, 2003, Section 4-3-6-4 of the Town Code is amended to read: The Town Council may amend, alter or change this Chapter, subsequent to adoption by a majority vote of the Town Council and such amendment, alteration or change need not be submitted to the electors of the Town for their approval except to the extent required by the Town charter or the Colorado Constitution. Section 10. 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 11. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. Ordinance 32, Series of 2002 7 Section 12. The amendment 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 amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously amended or superseded unless expressly stated herein. Section 13. 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. Section 14. This ordinance, as adopted by the Town Council, shall be numbered and recorded by the Town Clerk in the official records of the Town. The adoption and publication shall be authenticated by the signatures of the Mayor, or Mayor Pro Tem, and Town Clerk, and by the certificate of publication. Section 15. This ordinance shall be in full force and effect five days after publication following final passage. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this _ day of December, 2002 and a public hearing shall be held on this Ordinance on the _ day of December, 2002, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance 32, Series of 2002 8 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED only this day of December, 2002. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance 32, Series of 2002 MEMORANDUM TO: Vail Town Council FR: Bob McLaurin RE: Conference Center -Next Steps DT: November 24, 2002 Introduction At the last meeting, the Town Council agreed to move forward on the conference center with adesign-build approach. Specifically, the Council directed us to prepare two Requests for Proposals (RFP). The first RFP would be used to select adeveloper/construction manager to design and construct the project. The second RFP would select an Owner's Representative who would provide independent project oversight and inspection. The Council also directed the staff to prepare the ordinances (originally the thought was one ordinance per funding source; however the town attorney was able to combine them into one) necessary to implement the taxes to fund this facility. Finally, the Council directed us to develop a governance structure (oversight committee) to watch over and direct the design and construction process. Sales and Lodging Tax Ordinance As directed, we have prepared the ordinance necessary to implement the'/2% sales tax and the 1.5% lodging tax authorized by the voters to fund this facility. Matt Mire has prepared a draft of the ordinance and it is included in the packet for your review. We have scheduled time at the afternoon meeting to review this document. We have also scheduled time at the evening meeting for additional discussion and for Council action. Please see Sally Lorton's Chart of New Taxes which is attached. In order to minimize implementation hassles by the lodging community and the merchants, it is imperative this ordinance be effective at the beginning of the year. Therefore the Council needs to approve this ordinance at the December 3~d and December 17t" meetings in order for them to be effective January 1, 2003. It should be noted that Matt Mire, Judy Camp and Sally Lorton have done a terrific job in developing this ordinance in a very short time. Request for Proposals We are currently in the process of drafting the two RFPs requested by the Town Council. While we have a good start on these documents, they were not ready for your packet given our early deadlines. It is our intention to distribute them to you on Tuesday. It is my expectation that we will review and discuss these proposals again on December 17t". At that time, they may be ready for your approval, or we may need to continue the discussion on January 7th. Oversight Committee The purpose of the Oversight Committee is to provide oversight and direction during the planning, design and implementation of this project. As we discussed at the last meeting, this committee should be comprised of two members of the Town Council, members of the lodging community, and others as appropriate. The following paragraphs outline my thoughts for the composition, structure and operation of this committee. The Committee's responsibility would include issues about programming, design and operations. As with all projects, the conference center must proceed through the town's development review process. As usual, the Town Council retains the final authority in the review process. Committee Size. I believe this committee should consist of between seven and nine members. If you desire, the Council could include more members. However, I believe the larger the group, the more difficult it is to manage. In no case should membership exceed eleven members. Member Selection. The Town Council should appoint the committee. You should identify individuals you believe are qualified to serve on the committee and invite these individuals to participate. Committee Composition. As noted, the committee should consist of members of the Town Council, lodging community, retail committee, Vail Resorts and the community at large. A suggested composition is as follows: ^ Town Council - 2 members ^ Lodging - 2 members ^ Retail/Business - 2 members ^ Community at Large - 2 members ^ Vail Resorts - 1 (to be named by VRI) Organizational Structure. The Council should appoint a chairman to preside over the meetings. Decisions could be made by consensus. If a consensus cannot be achieved, a formal vote could determine decisions. It is my expectation the committee would establish its meeting schedule and would meet as often as needed. If there is agreement on this structure, Councilmembers should identify and forward names of potential members with appointments to be made on December 17tH TOWN OF PAIL ~y 75 South Frontage Road Yail, Colorado 81657 970-479-2100 F~4X 970-479-2157 www ci. vail. co: us Memorandum Date: November 21, 2002 To: All Town of Vail Businesses From: Sally Lorton, Sales Tax Administrator Re: Vail Conference Center Sales Tax and Lodging Tax Now that Vail voters have approved increasing the sales tax by .5% (except food for home consumption) and a lodging tax of 1.5%, the sales tax code will need to be amended and a new lodging tax ordinance written. The ordinances to implement these new taxes will go before Vail Town Council on December 3, 2002 with second reading on December 17, 2002. Here are some of the key provisions of the draft ordinances: • The Vail Conference Center Sales Tax and Lodging Tax will be effective January ], 2003. • The Vail Conference Center Sales Tax and Lodging Tax will be remit to the Town of Vail on a separate remittance form. • The due date will be the 20`t' of the month following period end. • The Vail Conference Center Lodging Tax shall be levied on the price paid for the renting or leasing of lodging for less than thirty consecutive days. • The Vail Conference Center Sales Tax increase shall apply to all transactions that the Town's existing sales tax applies to except the sales of food for home consumption. • The implementation of the lodging tax will be as follows: A. Book reservation in 2002, the customer pays in 2002 and the lodge reports and pays on a 2002 Vail sales tax return, charge the customer the 2002 sales/lodging tax rate. B. Book reservation in 2002, the customer pays in 2003 and the lodge reports and pays on a 2003 Vail sales tax return, charge the customer the 2003 sales/lodging tax rate. C. Book reservation in 2003, the customer pays in 2003 and the lodge reports and pays on a 2003 Vail sales tax return, charge the customer the 2003 sales/lodging tax rate. • Attached please find the proposed sales and lodging tax breakdown. If you have any questions please call me at 970-479-2125. ~~~ RECYCLEDPAPER Current Vail Sales Tax Town of Vail 4.0% State of Colorado 2.9% Eagle County 1.5% Total Non Accommodations 8.4% Vail Local Marketing District 1.4% Total for Accommodations 9.8% Except food for home consumption Except food for home consumption Short Term (less than 30 days) Accommodations Proposed Vail Sales Tax -All Retail Except Food For Home Consumption Town of Vail 4.5% State of Colorado 2.9% Eagle County 1.5% Proposed Total 8.9% Proposed Vail Sales Tax -Food For Home Consumption Town of Vail 4.0% Total - No Change 4.0% Proposed Vail Sales Tax -Short Term (less than 30 days) Accommodations Town of Vail 4.5% State of Colorado 2.9% Eagle County 1.5% Vail Local Marketing District 1.4% Town of Vail Lodging Tax 1.5% Proposed Total 11.8% DESIGN REVIEW BOARD AGENDA Wednesday, November 20, 2002 3:OO, P.M. PUBLIC MEETING RESULTS PUBLIC WELCOME PROJECT ORIENTATION /LUNCH -Community Development Department MEMBERS PRESENT Clark Brittain Bill Pierce Hans Woldrich Charles Acevedo Margaret Garvey Rogers MEMBERS ABSENT SITE VISITS 1. Fallridge - 1650 E. Vail Valley Drive 2. Highland residence - 2610 Arosa Drive 3. Halaby residence - 252 West Meadow Drive 4. Stephen Reaves Fine Art - 100 E. Meadow Drive 5. Mountain Haus - 292 E. Meadow Drive 6. Charm School Boutique - 183 Gore Creek Drive 7. Luca Bruno - 183 Gore Creek Drive Driver: .Matt 12:00 pm 2:00 pm PUBLIC HEARING -TOWN COUNCIL CHAMBERS Mountain Haus DR602-0387 Bill Final review of proposed change to approved plans Mountain Haus, 292 East Meadow Drive/Block 5, Vail Village 1St Filing Applicant: Mountain Haus Home Owner's Association, represented by KH Webb Architects MOTION: Charlie Acevedo SECOND: Margaret Rogers VOTE: 4-0 (Pierce recused) APPROVED WITH 2 CONDITIONS: That the applicant install snow guards on the awning and that the detail of the plans need to be submitted for staff review. 2. That the heating box be painted to match the metal work of the awning or be clad with metal to match the awning. 2. Stephen Reaves Fine Art LLC DR602-0402 Allison Final review of proposed signs and awnings 100 East Meadow Drive, Units 16 & 17/Lot O, Block 5D, Vail Village 1St Filing Applicant: Stephen Reaves Fine Art, LLC MOTION: Bill Pierce SECOND: Hans Woldrich VOTE: 5-0 ~. 1 TOWN 0~ YAIL ~ 3:00 pm APPROVED WITH 1 CONDITION: 1. That the signs on the awnings must be removed by no later than 11/27/02 3. Highland residence DRB02-0393 Warren Final review of proposed addition and exterior modifications 2610 Arosa Drive/Lot 3, Block D, Vail Ridge Applicant: J. Douglas Lockhart MOTION: Charlie Acevedo SECOND: Margaret Rogers VOTE: 5-0 APPROVED WITH 1 CONDITION: 1. That the proposed slate shingles be changed to bronze or copper metal standing seam. 4. Fallridge Condos DR602-0399 Matt Final review of proposed sign 1650 E. Vail Valley DrivelLot 2, Sunburst Filing 3 Applicant: Fallridge Community Association MOTION: Charlie Acevedo SECOND: Margaret Rogers VOTE: 3-0 (Pierce and Woldrich recused) TABLED UNTIL DECEMBER 4, 2002 5. Vlaar residence DRB02-0334 Warren Final review of proposed re-paint 2963 Bellflower/Lot 7, Block 6, Vail Intermountain Applicant: Hans & Mia Vlaar MOTION: Bill Pierce SECOND: Hans Woldrich VOTE: 5-0 CONSENT APPROVED 6. Halaby residence DRB02-0388 Bill Conceptual review of new two-family residence with EHU 252 West Meadow Drive/Lot 8, Vail Village 2"d Filing. Applicant: Theodore S. Halaby, represented by Segerberg Mayhew & Assoc. CONCEPTUAL - NO VOTE 7. Spraddle Creek LLC DRB02-0256 Matt. Conceptual review of proposed new single family residence 1094 Riva Glen/Lot 4, Spraddle Creek Applicant: Spraddle Creek LLC, represented by Michael English & Assoc. CONCEPTUAL - NO VOTE 8. ~ Charm School Boutique DRB02-0379 Warren Final review of proposed sign Sitzmark Lodge, 183 Gore Creek Drive/Lot A, Block 5B, Vail Village 1St Filing Applicant: Carla Lewis MOTION: Bill Pierce SECOND: Hans Woldrich VOTE: 5-0 CONSENT APPROVED 2 9. Luca Bruno DRB02-0400 Final review of proposed sign Sitzmark Lodge, 183 Gore Creek Drive, 3C/Lot A, Block 5B, Applicant: Luca Bruno MOTION: Bill Pierce SECOND: Hans Woldrich CONSENT APPROVED Staff Approvals Bruce residence DRB02-0390 Re-roof 1644 Matterhorn Circle/Lot 14, Matterhorn Village Applicant: Suzy Bruce, represented by Horizon Roofing Sitzmark at Vail DRB02-0397 Exterior window change 183 Gore Creek Drive/Lot A, Block 56, Vail Village 1St Filing Applicant: Ben Daly Vail Village 1St Filing VOTE: 5-0 One Track Mind Snowboard Shop DRB02-0394 Sign replacement Vail 21 Condo, 521 E. Lionshead Circle/Lot 3, Block 1, Vail Lionshead 1St Filing Applicant: Annie Egan Deighan residence DRB02-0391 Addition of office loft area 1163 Cabin Circle/Lot 1, Block 2, Vail Valley 1St Filing Applicant: Kevin Deighan Pitkin Creek Condos DRB02-0396 Relocated deck stairs 4021 Bighorn Road/Pitkin Creek Park Applicant: Pitkin Creek Park Condo Assoc. Lions Mane DRB02-0398 Replace concrete drive and add heating system 1063 Vail View Drive/Lot A5, Block A6, Lionsridge Filing 1 Applicant: Lions Mane Association Vail LLC DR602-0405 Temporary parking 1250 Westhaven Circle/Lot 30, Glen Lyon Subdivision Applicant: Vail LLC, represented by William Restock, Architect Warren George Allison Warren Allison Matt Bill Bill The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479-2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479- 2356,Telephone for the Hearing Impaired, for information. PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING RESULTS Monday, November 25, 2002 PROJECT ORIENTATION / -Community Development Dept. PUBLIC WELCOME MEMBERS PRESENT John Schofield Rollie Kjeso George Lamb Chas Bernhardt Doug Cahill Site Visits 1. Brown residence - 2642 Cortina Lane 2. Halaby residence - 252 West Meadow Drive 3. Whitewater Park -Gore Creek Promenade 4. Sign Tour Driver: George 12:00 am 12:30 pm ~o NOTE: If the PEC hearing extends until 6:00 p.m., the board may break for dinner from 6:00 - 6:30 Public Hearing -Town Council Chambers Applicant: Theodore S Planner: Bill Gibson MOTION: George Lamb 2:00 pm A request for a conditional use permit, to allow for a Type II Employee Housing Unit, located at 252 West Meadow Drive/Lot 8, Vail Village 2"d Filing. MEMBERS ABSENT Erikson Shirley Gary Hartman Halaby, represented by Segerberg Mayhew & Assoc. Architects SECOND: Rollie Kjesbo VOTE: 4-0 (Bernhardt not present) TABLED UNTIL DECEMBER 9, 2002 2 A request for a variance from Section 12-6D-6 (Setbacks); Vail Town Code, to allow for a building encroachment into the front setback, located at 2642 Cortina Lane/Lot 6, Block B, Vail Ridge Subdivision. Applicant: Bill and Norma Brown, represented by John G. Martin, Architect Planner: Bill Gibson MOTION: Doug Cahill SECOND: Rollie Kjesbo VOTE: 4-1 (Bernhardt opposed) DENIED TOWN OF PAIL ~ 3. A request for a worksession to amend Chapter 12-15 (Gross Residential Floor Area), Vail Town Code, to discuss modifications and/or elimination of the Gross Residential Floor Area regulations in all zone districts, and setting forth details in regard thereto. Applicant: Vicki Pearson, et.al. Planner: Russell Forrest MOTION: George Lamb SECOND: Rollie Kjesbo VOTE: 4-0 (Bernhardt not present) TABLED UNTIL DECEMBER 9, 2002 4. A request for a recommendation to the Vail Town Council, to allow for text amendments to Title 11, Sign Regulations, Vail Town Code, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Russell Forrest/Matt Gennett MOTION: George Lamb SECOND: Rollie Kjesbo VOTE: 4-0 (Bernhardt not present) TABLED UNTIL DECEMBER 9, 2002 5. A request for text amendments to Sections 12-7H-11 (Height & Bulk) & 12-71-11 (Height & Bulk), Vail Town Code and the Lionshead Redevelopment Master Plan to allow for a clarification to the maximum height and calculation of average maximum height requirements for buildings constructed in the Lionshead Mixed Use 1 and the Lionshead Mixed Use 2 zone districts, and setting forth details in regard thereto. Applicant: Town of Vail Community Development Department Planner: George Ruther MOTION: Chas Bernhardt SECOND: Doug Cahill VOTE: 5-0 TABLED UNTIL DECEMBER 9, 2002 6. A request for a modification to the 100-year floodplain, to allow for grading in the floodplain to modify the Gore Creek Whitewater Park, located at the Gore Creek Promenade/Tracts I & A, Block 56, Vail Village 1St Filing, and setting forth details in regard thereto. Applicant: Town of Vail, represented by Gregg Barrie Planner: .Bill Gibson MOTION: George Lamb SECOND: Rollie Kjesbo VOTE: 4-0 (Bernhardt not present) TABLED UNTIL DECEMBER 9, 2002 7. Approval of October 28, 2002 minutes MOTION: George Lamb SECOND: Doug Cahill VOTE: 4-0 (Bernhardt not present) 8. Information Update The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479-2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479- 2356, Telephone for the Hearing Impaired, for information. Community Development Department 2