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2004-12-07 Support Documentation Town Council Evening Session
~~o~ ~~~~~~s~~~n~~ ~~~®~i~r ~v~ iVIEETING AGEN®A 4:05 P.lifd., TOES®AY, ®ECEMBER 7, 2004 NAIL TOiNN COUNCIL CHe4MBERS 75 S. Frontage Road Vlf. Nail, CO 81657 NOTE: Tiovaes of items are approximate, subject to change, and cannot be relied upon to determine at what time Council gill consider an item. 1 • ITI~M/TOPIC: ITEM/TOPIC: Resolution IVo. #4, Series of 2004, a resolution adopting a budget and making appropriations to pay the costs, expenses, and liabilities of the Vail Reinvestment Authority for its fiscal year January 1, 2005 through December 31, 2005. (5 min.) ACTION RE(~UESTE® 01= COMMISSIONERS: Consider Resolution No. #4, Series of 2004 adopting a budget and making appropriations to pay the costs, expenses, and liabilities of the Vail Reinvestment Authority for its fiscal year January 1, 2005 through December 31, 2005. BACI(GROUN® RATIONALE: A proposed budget including a budget message has been provided to the Commissioners. Approval by resolution is required for the authority to continue to operate in 2005. STAf~I= RECOMMERI®a4TION: Approve Resolution No. #4, Series of 2004. 2• ITEM/TOPIC: Adjournment. (4:10 p.m.) (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) J MEMORANDUM TO: Vail Reinvestment Authority Commissioners FROM: Judy Camp Treasurer DATE: December 2, 2004 RE: VRA Budget Message The Vail Reinvestment Authority was created on November 4, 2003 following approval of a resolution by the Vail Town Council to create an urban renewal authority. On December 16, 2003, the Commissioners adopted by-laws and entered into a cooperative agreement between the Town of Vail and the VRA for administrative services. Primary revenue for the VRA in 2004 was reimbursement from the developer, Vail Resorts, Inc., for legal and other costs related to establishing the Vail Reinvestment Authority and executing redevelopment plans within the Town of Vail. In 2005, the proposed expenditure budget of $25,000 for legal and professional fees associated with establishing tax increment financing (TIF) will be funded by a loan from the Town of Vail per the cooperative agreement. In future years, revenue to support public infrastructure improvements in the urban renewal area will be generated from TIF. The 2005 Vail Reinvestment Authority (VRA) budget is prepared on a cash basis. -1- ~lA99~ FZE@N~ESTMENT AUTH®RI~ 2005 Sl9®GET PFi®P®SA~ S~JAAIVIAI2Y ®F REVENl9E, EXPEN®Il'URES, AN® CHANGES IN FUN® BALANCE I~tevea~aae Project Reimbursement -Vail Resorts Inc. Expe~d6tures Office Supplies Professional Fees fVlanagement Fee Total Expenditures ~2eveu~a~e ®ve~ (~1~der~ Expe~deta~o~es Beginning Fund Balance Working Capital Loan -Town of Vail lEo~di~g Fasnd ~a9a~ce 2004 2004 2005 Budget Projected Proposed $ 110,250 110,250 - 500 500 104,500 104,500 25,000 5,250 5,250 110,250 110,250 25,000 - - (25,000) 25,000 - 25,000 $ 25,000 $ - $ RESOLUTION NO. 4, SERIES OF 2004 VAIL REINVESTMENT AUTHORITY A RESOLUTION ADOPTING A BUDGET AND MAKING APPROPRIATIONS TO PAY THE COSTS, EXPENSES, AND LIABILITIES OF THE VAIL REINVESTMENT AUTHORITY FOR ITS FISCAL YEAR JANUARY 1, 2005 THROUGH DECEMBER 31, 2005. WHEREAS, the Vail Reinvestment Authority Commissioners received the operating budget for the fiscal year 2005 on December 2, 2004; and WHEREAS, in accordance with CRS section 29-1-106 a notice of budget hearing has been published; and WHEREAS, notice of this public hearing to consider the adoption of the proposed Vail Reinvestment Authority budget was published in the VAIL DAILY on the fourth day of December, 2004; and NOW, THEREFORE, LET IT BE RESOLVED by the Vail Reinvestment Authority of Vail, Colorado, as follows: The Vail Reinvestment Authority adopts the submitted budget and appropriates $25,000 for expenditures beginning on the first day of January 2005 and ending on the 31St day of December 2005. Attested: Signed: Stan Zemler, Secretary Rodney E. Slifer, Chairman ~:~o ~.~. TUES®A~, ®ECEM~ER 7, 200 \lAIL TOV~N COUNCIL CHAMBERS 75 S. Frontage Road ~!. !/ail, CO 8'1657 N®TE: Times of items are approximate, subJect to change, and cannot be relied upon to determine at what time Council will consider an item. 1 • ITEM/TOI'IC: Budget. (15 min.) ITEM/TOPIC: Resolution No. #3, Series of 2004, a resolution adopting a budget and making appropriations to pay the costs, expenses, and liabilities of the Vail Reinvestment Authority for its fiscal year January 1, 2005 through December 31, 2005. (5 min.) ACTION RE(~UESTEI) OF COMMISSIONERS: Consider Resolution No. #3, Series of 2004 adopting a budget and making appropriations to pay the costs, expenses, and liabilities of the Vail Reinvestment Authority for its fiscal year January 1, 2005 through December 31, 2005. BACiCGROUN® RATIONALE: A proposed budget including a budget message has been provided to the Commissioners. Approval by resolution is required for the authority to continue to operate in 2005. STAFF RECOMMEN®ATION: Approve Resolution No. #3, Series of 2004. 2. IT'EM/TOPIC: Adjournment (4:25 P.M.) Sign language interpretation available upon request with 24-hour notification. Please call 479-2106 voice or 479-2356 TDD for information. ,. o _~ MEMORANDUM TO: Vail Local Marketing District Board FROM: Gina Bentz DATE: December 2, 2004 RE: VLMD Budget Message The 2005 Vail Local Marketing District (VLMD) budget is prepared on a cash basis. The proposed revenue budget is $1,500,000 million and the proposed expenditure budget $1,547,300. The resulting $47,300 deficit will reduce the fund balance to 26% of revenue by the end of 2005. Primary revenue for the VLMD is a 1.4% tax levied on lodging revenues within the Town of Vail. Lodging tax receipts are budgeted at $1,500,000 for 2005. This is an increase of $12,000 or .8% from the amended 2004 budget. A conservative approach was taken on the calculation of the lodging revenue and was based on a 4 year average. Funds received by the VLMD are used to market the shoulder and summer seasons within the Town of Vail. 2005 expenditures of $1,547,300 represent a reduction of $23,700 or 1.S% from the current year amended budget, which included a $30,000 carryover of unspent funds from the prior year. 1 ,~ • _ . Vai9 Local IlAarketing ®istrict 2005 ~udge~ 2003 2004 YTD 2004 2004 2005 Actuals Actua111130104 ~ Budget Amended Budget Income Lodging Tax 1,501,403 0 1,204,597 1,488,000 1,488,000 1,500,000 Business License Fee 150,000 - - - _ Other Income _ 8,954 _ _ _ Interest Income 5,122 2,888 - - - Total Income 1,656,525 1,214,439 1,488,000 1,488,000 1,500,000 Expense Destination Advertising 318,710 91,160 205,000 123,000 93,000 Web Marketing 17,500 - 35,000 - - Cross Sell 18,195 - 30,000 - - E-Mail Marketing 23,200 - 28,000 - - Data Base Management 29,855 - 30,000 - - Partnerships - - 13,500 - 62,500 Event Marketing 30,000 - 50,000 - - Cultural Alliance 60,000 - 30,000 - - Co-op Conventional 15,000 - _ _ _ Co-op Database g,gpg _ _ ~ _ _ Total Destination 522,368 91,160 421,500 123,000 155,500 Front Range Direct Mail Marketing 43,162 - 40,000 - - Advertisin9 158,764 184,645 98,500 184,000 184,000 Event Marketing (Radio, TV ~ Prod) 20,000 - _ _ _ Collateral 44,191 - 30,000 - - Co-op Conventional 15,000 - _ _ _ Co-op Database 10,000 - _ _ _ Partnerships - - - 51,000 Total Front Range 291,117 184,645 168,500 184,000 235,000 Groups and Meetings Print Advertising 90,741 91,640 95,000 95,000 108,570 Marketing Services 32,858 33,131 36,000 36,000 36,000 TravellTradeshows 135,767 93,808 85,000, 95,000 95,000 Memberships 8,125 6,523 7,000 7,000 7,000 Collateral 504 40,972 40,000 40,000 15,000 Telemarketing 10,000 - 10,000 DatabaselPostcard Program 30,015 - Familiarization Trips 37,460 30,617 50,000 45,000 45,000 Public Relations - 10,028 5,000 10,000 10,000 Direct Sales - - - - 11,430 Total Groups and Meetings 345,470 306,719 328,000 328,000 328,000 2 . ~.- ~ _, Vail Local Marketing i)istrict 2005 ~udge~ 2003 2004 YTD 2004 2004 2005 Aduals Actua111130104 Budget Amended Budget Public Relations 75,003 52,347 164,000 64,000 64,500 Fulfillment 18,025 7,494 15,000 15,000 10,000 Photography 44,568 26,200 40,000 33,500 30,000 Research 66,547 79,000 73,000 76,000 67,000 Admin Miscellaneous 3,593 3,697 3,000 3,000 Insurance 2,134 - Database Mgmt 8 Direct Mail - 75,917 - 70,000 72,500 Advertising Production 53,922 45,000 Collateral 31,000 35,000 23,000 Web & Email Marketing 54,200 57,000 59,500 Events 30,000 80,000 30,000 Cross Sell 37,960 43,000 35,000 Professional Fees Legal and Accounting 17,189 13,715 18,000 18,000 18,000 Advertising Agent Fees 136,595 58,500 104,000 84,000 84,000 Media Agency Fees 20,000 20,000 20,000 Marketing Coordination-WCTB 105,098 75,627 104,000 104,000 104,000 Public Relations-Professional Fees 100,000 83,333 100,000 100,000 Web Site 43,088 46,990 43,000 43,000 39,050 Professional Fees -Other - 5,000 Partnership - 117,476 12,000 25,500 49,250 Strategic Advisory Planning 70,814 20,000 50,000 20,000 20,000 Total Administration 682,654 892,378 623,000 936,000 828,800 Total Expense 1,841,609 1,474,902 1,541,000 1,571,000 1,547,300 Surplus (Deficit) (185,084) (260,463) (53,000) (83,000) (47,300) Beginning Fund Balance 710,870 525,786 483,824 525,786 442,786 Ending Fund Balance' 525,786 265,323 430,824 442,786 395,486 'Includes TOV Capital Contribution of 287,000 237,000 237,000 237,000 3 ll®l~S®LRl dI®N N®. J, SEHllLES 2®®4 VAIL LOCAL i~/ff,4~iI{ETING DIS'T'RIC'T' A RESOLITTION ADOPTING A BEGET AND 1VIAI~ING APPROPRIATIONS TO PAT' THE COSTS, EXPENSES AND LIABILI'T'IES OF THE VAIL LOCAL I~IARI~ETING DISTRICT, FOR ITS FISCAL FEAR dANLTARl' I, 2005 THROiJGH DECEI~[BER ~T, 2005. WHEREAS, the Vaifl Locafl 1Vlarketing District board received and approved the operating plan and budget ffor the fiscal year 2005 on August 17, 2004; and WHEREAS, in accordance with CRS section 29-I-T06 a notice of budget hearing has been published; and WHEREAS, notice og dais public hearing to consider the adoption of the proposed Vail Local Marketing District budget was published in the VAIL DAILY on the 4th day of December, 2004; and NOW THEREF~OrRE, LET IT B~gE RESOLVED by the Vail Local Marketing District o~ Vail, C®1®rad®, aS ~®CdoWSo The Vail Locafl Marketing District Board adopts the submitted budget and appropriates SY,547,300 marketing reflated expenditures beginning on the first day o~.Uanuary, 2005, and ending on the 3Tst day of December, 2005. Attested: Signed: Greg 1Vloffet, Secretary Rodney E. Slifer, Chairman °~V'V~ ~®IJIV~IL EVENING SESSI®N ADEN®A VAIL T®VUN C®UNCIL CHAflA131=RS 75 S. Frontage Road ~V. Vail, C® 8'1657 8:00 P.~i., TUES®Alf, ®ECENIBER 7, 2®04 N®TE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1 • ITEM/T®PIC: Citizen Input (10 min.) 2. John Brendza ITEf~V/T®PIC: Eagle County Schools Update. (5 min.) BACKGR®l1ND RATI®NALE: The Eagle County School District, RE50J, is currently re-doing its marketing efforts, and as a part of that undertaking, is reaching out to all the municipalities and quasi-governmental organizations to open the doors to communication." Having already approached the towns of Eagle and Gypsum, John Brendza, Superintendant of Schools, has requested a few moments of time to address this new initiative. 3. Nino Licciardi ITE~hI/T®IPIC: Vail Recreation District. (15 min.) Peter Cook ~ Request for co-pay for Outdoor Ice Sheet. VRD requests TOV financial assistance (50%) in providing a free outdoor ice rink at the Vail Golf Club driving range. Estimated costs of $5,000 plus potential turf replacement are being requested. ~ Request for $60,000 in RETT funds for capital improvements to Ford Park clay courts. VRD request RETT funds for capital repairs on the Ford Park Clay Tennis Courts as per TOVNRD tease of 12.21.93: "Maintenance and Repairs." Courts require substructure (irrigation) and fencing repairs for an estimated total cost of $60,000 for the two north banks of courts. 4. Russ Forrest lTEfthI/T®PIC: Architectural Direction on the Vail Conference Center. (60 min.) ACTION REQUESTED OF COUNCIL: The Town Council is requested to provide direction on the architectural direction for the conference center. Three alternative approaches have been developed and discussed with the community over the last 4 weeks. Other items the Committee would like to review with the Town Council include: - Review progress to date on the site planning and circulation for the facility, and - Receive an update on the Master Plan for the facility Recommendation The Conference Center Advisory Committee reviewed the public input associated with the three design alternatives on November 18`r'. After reviewing the public input and the associated costs with each design option the Committee would like to forward a recommendation for the "Architectural Vision Inspired by Nature." 5. Lorelei Donaldson ITEM/TOPIC: Current Ford Park Paid Parking dates Pam Brandmeyer for the 2005 Summer Calendar. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with amendments the summer calendar for Ford Park paid parking dates for 2005. BACKGROUND RATIONALE: The 2005 Managed Parking Calendar Schedule for Ford Park is attached. This calendar has been compiled by the Ford Park User Committee from our meeting on November 29, 2004. We are requesting your review and approval of the calendar for paid parking dates at Ford Park for the Summer, 2005 schedule. There are currently 40 days of paid parking requested as well as one managed parking date. This calendar is subject to change as more events are added to the various schedules of the user groups at Ford Park. RECOMMENDATION: Approve or approve with amendments, the summer calendar for Ford Park paid parking dates for 2005. 6. Matt Mire ITEM/TOPIC: First reading of Ordinance No. #23, Series 2004. An ordinance amending the Vail Town Code regarding the jurisdiction of the Town of Vail Municipal Court and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve Ordinance No. #23, Series 2004, on first reading. BACKGROUND RATIONALE: A recently decided Colorado Supreme Court case (Town of Frisco v. Baum, 90 P. 3d 845 (Colo. 2004), appears to have expanded the jurisdiction of the municipal court in certain home rule municipalities that have adopted charter language granting themselves "exclusive and original" jurisdiction.- More specifically, the Supreme Court's decision upheld the ruling of the District Court, that it lacked jurisdiction over a C.R.C.P. Rule 106 appeal of a zoning decision and that such cases are the jurisdiction of the municipal court. Since the Town of Vail has also adopted such charter language and since our belief is that the municipal court is NOT the proper venue for these matters, Ordinance 23, 2004, operates to limit the jurisdiction of the Town of Vail Municipal Court to handling criminal matters. S1~AFF RECOMMENDATION: Approve Ordinance No. #23, Series 2004, on first reading. 7. Bill Carlson ITEM/TOPIC: First Reading of Ordinance No. #31, Series of 2004, an ordinance amending Section 12-11-4, National Pollution Discharge Elimination System, Section 12-11-6, Erosion Control, and Section 14-6, Grading Standards, Vail Town Code, and setting for details in regard thereto. (5 min.) ACTBON REQUESTED OF COUNCIL: Table the first reading of Ordinance No. #31, Series of 2004, to December 21, 2004. BACKGROUND RATIONALE: On November ~ 8, 2004, the Planning and Environmental Commission voted 7-0 to forward a recommendation of approval for the proposed text amendments. 8. Matt Mire ITEMf~OPIC: First Reading of Ordinance #32, Series of 2004. An ordinance vacating a certain part of the system of public ways of the Town of Vail, Colorado, i.e., that public right-of--way constituting those portions of Red Sandstone Road contiguous to either Tract A or Tract B, South Frontage Road Subdivision. (10 min.) AC~'ION REQUESTED OF COUNCIL: Approve Ordinance #32, Series of 2004. BACKGROUND RATIONALE: The Town Council and the Director of Public Works, have found and determined that the public use, convenience and necessity no longer require within its system of public ways the portion of Red Sandstone Road that is contiguous to either of Tracts A and B, South Frontage Road Subdivision, and that intersects with South Frontage Road on the south and I-70 right-of-way parcels on the north; the vacation is also in furtherance of satisfying the requirements under that certain Gore Creek Place Development Agreement made among the Town of Vail, The Vail Corporation, d/b/a Vail Associates, Inc., and Vail Reinvestment Authority dated November 8, 2004 STAFF RECOMMENDATION: Approve Ordinance No. #32, Series of 2004. 9. Warren Campbell ITEM/TOPIC: Second Reading of Ordinance No. #24, Series of 2004, an ordinance .establishing Special Development District (SDD) No. #38, Manor Vail Lodge, and setting forth details in regard thereto. (45 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. #24, Series of 2004. BACKGROUND RATIONALE: On October 19, 2004, the Town Council approved the first reading of Ordinance No. #24, Series of 2004, by a vote of 7-0. In conjunction with the approval the Council requested that the applicant and staff provide a copy of the proposed Manor Vail Lodge Development Agreement. In addition, Council requested that the applicant develop a program which would encourage the new units to be included within the rental base of Manor Vail Lodge. It was requested by Council that staff explore in greater detail how the proposed $100,000 for streetscape improvements would be best utilized. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approve Ordinance No. #24, Series of 2004, on second reading. 10. Judy Camp ITEMITOPIC: Second Reading of Ordinance No #27, Series of 2004, an Ordinance making supplemental appropriations to the 2004 budget. (5 min.) ACTION REQUESTED OF COUNCIL: Approve Ordinance No. #27, Series 2004. BACKGROUND RATIONALE: Ordinance No. #27 was approved as amended upon first reading on November 16`h. The ordinance presented here reflects the amendments requested at that time. STAFF RECOMMENDATION: Approve Ordinance No. #27 upon second reading. 11. Judy Camp ITEM/TOPIC: Second Reading of Mill Levy Certification, Ordinance No. #28, Series 2004. (5 min.) 12. Sybill iVavas ITE~/T®PIC: Second Reading of Ordinance iVo. 30, Series of Pam Brandmeyer 2004,the Town of Vail amending Title 3, Chapter 6, of the Vail Matt Mire Town Code regarding the Commission on Special Events and setting forth details in regard thereto. (5 min.) ACTT®N fiZEQl9ESTE® ®F C®IJNCIL: Approve, approve with amendments, or deny Ordinance No. #30, Series of 2004. BACICGIt®lJN® ItATI®NALE: The Commission on Special Events currently requires that three of the five member board represent specific areas of the business community; restaurant, lodging and retail and two at-large voting members. In addition, the current ordinance contains a self imposed conflict of interest provision which is not imposed on other town boards and is unique to the CSE. This scenario continues to create conflicts of interest. In the past several months, various voting members have had to resign due to conflicts of interest. By expanding the board from 5 to 7 members, deleting the self imposed conflict of interest provision and having all members at-large will enable the board to attract members of the community with expertise in special events and will also allow this board to function like other Town of Vail boards. (i.e. When a voting member has a conflict they would recuse themselves from voting on that item). This will enable the CSE to more effectively carry out its functions and responsibilities. 6QEC®AAIWEN®ATI®N: Approve or approve with amendments, Ordinance IVo. #30, Series of 2004. 13. Russ Forrest VTfl=lifl/T®PIC: Resolution No. #22, Series of 2004. A Resolution approving and accepting, on behalf of the Town of Vail (the "Town" or "Grantee"), a special warranty deed from Buffehr Creek Partners, a Colorado Limited Partnership (the "Grantor"), which deed pertains to a certain parcel of land within the Town of Vail and which is encumbered by a conservation easement in favor of the Eagle Valley Land Trust, a nonprofit Colorado corporation (the "Trust"); and setting forth details in regard thereto. (10 min.) ACTT®N f~EQtJESTE® ®F C®UNCIL: Approve Resolution No. #22, Series of 2004. ~ACKGR®UN® RATI®NALE: In December of 2003, Grantor acknowledged that this nine acre property has significant scenic, aesthetic and open space values as set out in the Colorado Revised Statutes, and the Grantor conveyed a Deed of Conservation Easement in favor of the Eagle Valley Land Trust in order to permanently preserve the entire Property as open space for the use and enjoyment of the general public. The Grantor now desires to deed its interest in the Property to the Town if the Town is wilting to accept said deed subject to the Easement. STAFF RECOMMENDATION: Approve Resolution No. #22, Series of 2004. 14. Stan Zemler ITEMITOPIC: Town Manager's Report. (10 min.) - 12.30.04 Annual Town Meeting Format. The Annual Town Meeting is scheduled for Dec. 30 at the Donovan Pavilion. Staff is proposing the following format: 4:00 p.m. Doors open to view Open House Displays on various projects. 4:30 p.m. Welcome and Introductions by Mayor Slifer. 4:40 p.m. TOV Financial Overview and Key Milestones, Stan Zemler/Staff. 5:00 p.m. Panel Discussion on Resort Trends featuring Local and Regional Experts. 5:50 p.m. Panel Q&A moderated by Stan Zemler. . 6:15 p.m. Wrap up by Mayor Slifer and Town Council. If this format meets with Council's approval, staff will begin making arrangements to recruit members of the panel. 15. ITEMITOPIC: Adjournment. (10:00 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. TUESDAY, DECEMER 21, 2004, IN VAIL TOWN COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2106 voice or 479-2356 TDD for information oRDINANCE No. a3 SERIES aoo~ AN ORDINANCE AflAENDING THE VAIL TOWN CODE REGARDING THE JURISDICTION OF THE TOWN OF VAIL AAUNICIPAL COURT 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, Article XX, Section 6, of the Colorado Constitution grants to a home rule municipality the power to define and regulate the jurisdiction of its municipal courts with respect to matters of local and municipal concern; and WHEREAS, Section 7.2 of the Vail Town Charter provides for the creation of the Town of Vail Municipal Court; and WHEREAS, Section 7.2 of the Vail Town Charter further provides that the Town of Vail Municipal Court shall have "exclusive original jurisdiction of all cases arising under the ordinances of the town and as may be conferred by law"; and WHEREAS, the Council has previously adopted Chapter 9 of Title 1 of the Vail Town Code to implement Section 7.2 of the Vail Town Charter with respect to the jurisdiction and powers of the Town of Vail Municipal Court; and WHEREAS, the Council desires to clarify the jurisdiction of the Town of Vail Municipal Court with respect to civil actions which are brought against the Town under Rule 106(a)(4) of the Colorado Rules of Civil Procedure. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. Title 1, Chapter 9, of the Vail Town Code is hereby amended by the addition of Section 1-9-9, entitled "Exception To Jurisdiction," to read as follows (additions are shown in lbold and underline): 9-9-9: Exception To Jurisdection• Notwithstanding the provisions off Section '@ 9 4 or Section ~.2 off the Town Charter the municipal court shall not have jurisdiction Ordinance 23, Series of 2004 1 over anv civil action brought against the Town including anv claim brought pursuant to Rule 106 of the Colorado Rules of Civil Procedure Section 2. Section 12-3-3(E), entitled "Appeal of Town Council Decisions," is hereby amended to read as follows (additions are shown in bold and underline; deletions are shown in E. Appeal of Town Council Decisions: The final decision of the Town Council with respect to anv appeal pursuant to this Chapter or development permit application submitted pursuant to this Title may be appealed to an appropriate court pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure. The Town of Vail Municipal Court shall not have jurisdiction over such civil action. , Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby 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 4. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper.for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. Section 5. The amendment 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 amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously amended or superseded unless expressly stated herein. Ordinance 23, Series of 2004 2 5ectiocu ~. 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. Secgiow 7. 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. Sec~aoau 8. 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 7th day of December, 2004 and a public hearing shall be held on this Ordinance on the 21st day of December, 2004, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rodney Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance 23, Series of 2004 3 ,~ ®12DI1~A1~1CE N®. 32 Barnes of 2004 AN ORDINANCE VACATING A CERTAIN PART OF THE SYSTEM OF PUBLIC WAYS OF THE TOWN OF VAIL, COLORADO, I.E., THAT PUBLIC RIGHT-OF-WAY CONSTITUTING THOSE PORTIONS OF RED ` SANDSTONE ROAD CONTIGUOUS TO EITHER TRACT A OR TRACT B, SOUTH FRONTAGE ROAD SUBDIVISION WHEREAS, the Town of Vail, acting through its applicable departments and agencies, including the Town Council and the Director of Public Works, have found and determined that the .public use, convenience and necessity no longer require within its system of public ways the portion of Red Sandstone Road (originally established by right-of--way grant recorded in the real property records for Eagle County, Colorado (the "Records") at Book 127, Page 565) that is contiguous to either of Tracts A and B, South Frontage. Road Subdivision ("Tracts A and B"), according to the plat thereof recorded in the Records on November 6, 2000, at Reception No. 74324 (the "Plat"), and that intersects with South Frontage Road on the south and I-70 right-of--way parcels on the north; the vacation is also in furtherance of satisfying the requirements under that certain Gore Creek Place Development Agreement made among the Town of Vail, The Vail Corporation, d/b/a Vail Associates, Inc. ("Vail Associates"), and Vail Reinvestment Authority dated as of November 8, 2004; and WHEREAS, the Town of Vail gave and published proper and timely notice of the date and time of the public hearing for Town Council's consideration of the adoption of this Ordinance, and Town Council duly held and conducted such hearing in accordance with applicable laws. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO as follows: Section 1. The Vacated Way (defined below) is hereby vacated by the Town of Vail, and no longer constitutes part of the system of public ways of the Town of Vail. The Vacated Way shall mean the area legally described on Exhibit A attached hereto and incorporated herein by this reference, together with any other portions of the Red Sandstone Road right-of--way, as historically established, that may lie within or adjacent to either of Tracts A and B, as they are legally described, or "Parce126B," as shown on the Plat. Section 2. This vacation of the Vacated Way will be and remain subject to, and there is hereby reserved, (i) anon-exclusive private easement in perpetuity over the Vacated Way as necessary for access to Parce126B, which easement will be an appurtenance benefiting the ownership of Parce126B, and (ii) anon-exclusive private easement in perpetuity over the Vacated Way for the continued Ordinance 32, Series of 2004 .\ maintenance, upgrading, use and enjoyment of existing utilities, if any, located in the. Vacated Way, which easement shall run in favor of the applicable utility suppliers as an easement in gross. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, clause or phrase thereof, regardless of the fact that any one or more parts; sections, subsections, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL, this 7th day of December, 2004. A public hearing on this ordinance shall be held at the regular meeting of the Town Council of the Town of Vail, Colorado, on the 21st day of December, 2004, at 6:00 p.m., in the Municipal Building of the Town. Rodney Slifer, Mayor ATTEST: By: Lorelei Donaldson, Town Clerk Ordinance No. 32, Series of 2004 2 ~XIII~I'I' A [See a4~acl~ed g,e~afl ~escrip~ion and li7ap] Ordinance 32, Series of 2004 1 F(:AI D S .RIPTION APART OF A RIGHT-OF-WAY DEED RECORDED IN BOOK 127 AT PAGE 565, APRIL 2, 1943 AT THE EAGLE COUNTY CLERK AND RECORDERS OFFICE, ALSO BEING A PART OF THE NEY4 OF THE NXz OF SECTION 12, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE 6th P.M. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 12 THENCE 504"24'22"W A DISTANCE OF 542.86 FEET TO A POINT ALONG THE NORTH RIGHT-OF-WAY LINE OF U.S. HIGHWAY No. 6 (A.K.A. SOUTH FRONTAGE ROAD) SAID POINT ALSO BEING THE TRUE POINT OF B -ir~r`udr• OUTHERNY RIGHT-OFAWAYTLINEEOFFI 370;2THENCE A ouG SSAID so TREBLY RIGHT-OF-WAY LINE N59'30'29"E A DISTANCE OF 49.9 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 12; THENCE ALONG THE EAST LINE OF SAID SECTION 12 AND THE EAST RIGHT OF-WAY-LINE OF SAID COUNTY ROAD S00'07'43°E A DISTANCE OF 318.9 FEET; THENCE ALONG THE NORTHERLY RIGHT OF WAY LINE OF U.S. HIGHWAY No. 6 (A.K.A. SOUTH FRONTAGE ROAD) S73'37'S2"W A DISTANCE OF 44.7 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS NET 0.308 ACRES MORE OR LESS N59'30'29`E - 49.9' 9h$A,°E ` CFl ~ N10'25'04"E N5 1~~ ~ ~ .mss ~~11 31.24. I pp1 W'-~pT. ~. ~ 25'04 34.30' ~~c ~ c ~~' S ~ I ~~ ~ °~ '10"E - 251. S73'37'S2"W - 44.7' sec, SEC. 121 SEC. g SEC 7 ~ S89 4 ~ 5 37°E _ / POINT OF ~~ i8i''=. i'1OR7H y SeC COMMENCEMENT ~~. 7) P' - =~_ h 3 ygp.03 ty 9h6 A~ ~ ' ~~ ~ 55 ti ~ ~ y ~° ~o Z z ~~Stp~ ~~ ~ m.~ N VI ~~z r!_` o ~ '~ ae 93~ `N` ~w r e~~~Jwm o r a~~ v o`` ^o Icy Q O ^N y~p C o ;~d~~,m 2 om=< y n~ cll AREA TO BE VACATED. (SHADED AREA) 175.90 N6g•40 57°E ~T}{ ~ONTA(:E ROAD WEST (0.0.47. V/JOE$) rn n W Ke SEC. 7, 755, RBOW 6th P.M. i .~~ r~ ~~ o, 2 ~Q~a ~~ A=34'07'14° R=513.00' Le305.50' ' T=157.43' CH=301.01' CB=N46'22'22"E J G~ ~~/ 5~ TRACT A 1 TR I POINT OF B .Irvwr~r ~ ~ TRACT B I~I{EI~® 1ITM To: Town Council From: Stan Zemler Judy Camp Date: December 2, 2004 Subject: 2004 Supplemental Appropriation and 2005 Mil Levy Certification I am attaching the following information for Tuesday's Council meeting: o Proposed Supplemental Appropriation and Budget Adjustment #3 of 2004 (S-1 through S-4) ~ General Fund Five-Year Projection (G-1) ~ Capital Projects Fund Five-Yeaz Projection (C-1 through C-2) ~ RETT Fund Five-Year Projection (R-1 through R-2) ~ Ordinance No. 27 -Supplemental Appropriation ~ Ordinance No. 28 -Mil Levy Certification 2004 Supplemental Appropriation Per your direction upon first reading of Ordinance No. 27, the $65,000 additional expenditure for the Vail Gymnastics Center will be funded by a transfer from. the General Fund; no Real Estate Transfer Tax (RETT) Fund money will be used for this project. The General Fund, Capital Projects Fund, and RETT Fund Five-Year Projections have been updated accordingly. The RETT Fund Five-Year Projection also incorporates the movement of $118,317 for the White Water Pazk from 2005 to 2006 per your amendment to the 2005 Budget as approved upon second reading of Ordinance No. 25. Mil Levy Certification Ordinance # 28 for second reading includes final assessments and abatements which we received from the Eagle County Assessor's Office on November 29`t'. 041207 Supp #3 and Mil Levy _ 1 _ d Proposed Supplemental Appropriations and Budget Adjustments #3 of 2004 Version 2 Changes Highlighted Second Reading Revenue Expenditure Increase Increase (Description (Decrease) (Decrease) Reason Capital Projects Fund "lY~u~ter f~cm RET7~ J ,130,205 For reereati~nal f;~cilitcs p~ii~l tium CPF(lce Dome & Dobson Capacity lmpl Transfer From GF 1,150,000 To offset <Irfirii in ,nu~r ~~;u, Transfer FromGF ~~.oni, From Dunocun P,~~iliun C~~,critin~~ I~prn~,~s ~ . ~T~anvlcr From GI~ ~ G~,f1U0 Funding lur A1ulli Purpose Rocieation~al F~cilit~~ Multi Purpose Recreational Fac 65,000 Additional costs to complete project Donovan Pavilion 18,000 funding for sound system Transfer From GF 6,800 Town Manager's Residence 6,800 additional remodel charges Streetscape Shared Project 959,000 utility reimbursements Streetscape Adjacent Property 245,000 Streetscape reimbursements Streetscape 1,204,000 reimbursement expenses Capital Street Maintenance 15,000 shared project reimbursement Capital Street Maintenance 15,000 expense for shazed project Streetscape 800,000 Moved from 2005 due to acceleration of project in 2004 Dobson Ice Arena 160,000 funding for construction to expand capacity Federal Bus Grants (1,438,832) roll to 2005 Fire Infrastructure Improvements (100,000) roll to 2005 Replace Buses (1,361,526) roll to 2005 GPS Systems for Buses (90,000) roll to 2005 Video Cameras Patrol Cars (22,500) roll to 2005 Buy-Down Program (100,000) roll to 2005 Timber Ridge (925,000) roll to 2005 Fiber Optic Connection (70,000) roll to 2005 Lionshead Improvements (300,000) roll to 2005 I-70 Noise (300,000) roll to 2005 Subtotal Capital Projects Fund 2,184,173 (1,000,226) RE'TT Projects Fund Tran ;fcr m' (' ('F Streetscape Other State Revenue 14,000 Construction Services Real Estate Transfer Tax 525,000 Rett Management Fees Recreation Amenity Fees 13,000 t,130,20~ Rciinburs~: CAP}~ foi re;creationa( f~a~:ililic~ pant fnim ~~PF(lcc dnir~cA~Do`bsonl 700,000 Moved from 2UUJ due to acceleration of project in 2004 COGO pass thru grant for Betty Ford Alpine Gardens 14,000 COGO pass thru grant for Betty Ford Alpine Gardens projected increase based on current data 26,250 based on projected increase increase due to redevelopment Supp 3 of 2004 041111 3.1 12/1/04 11:24 AM Proposed Supplemental Appropriations and Budget Adjustments #3 of 2004 Version 2 Changes Highlighted Second Reading Revenue Expenditure dncrease 1<ncrease Description (IDecrease) (IDecrease) Reason Donovan Park Operating Costs (65,364) expenses combined w/parks & landscaping Gore Creek Promanade Brdg (100,000) move to 2006 Tree Maintenance (27,000) roll to 2005 Donovan Park (41,000) roll to 2005 White Water Park (108,000) roll to 2005 Big Horn Park Improvements (225,000) roll to 2005 Irrigation Control (228,097) roll to 2005 Public Art (45,000) roll to 2005 Public Art (27,435) roll to 2005 Subtotal RETT Projects Fund 552,000 1,003,559 General Fund Plan Check Fees 25,646 additional plan check fees Professional Fees 20,046 outsourcing plan check fees Professional Fees 5,600 outsourcing inspection help Other State Grants 20,665 CDOT Underage Drinking Grant Police Extra Duty 1,170 Party Patrol duty Professional Development 1,273 Underage Drinking Laws Program-Classes Community Policing 18,222 Expenses for Underage Drinking program Other State Grants 8,177 Leaf Grant Police Overtime 4,177 Overtime funded by Leaf grant Small Equipment 4,000 intoximeter RETT Management Fees 26,250 based on projected increase Federal Grants 56,500 Drug Task Force grant Detective Salaries 40,560 Salary for Drug Task Force Detective Benefits 15,940 Benefits for Drug Task Force Other State Grants 20,468 DOLA pass thru Grant revenue Professional Fees 20,468 DOLA pass thru Grant expense AIPP Donations 1,700 First Bank & American for the Arts Professional Development 1,700 Shared Costs 6,000 CEO for P3, contracted through VRI Police Salaries 5,333 CEO for P3 winter'04 Police Benefits 667 CEO for P3 winter'04 Other State Grants 3,000 Planning intern grant Planning Seasonal Salazies 2,667 Planning intern salary Planning Seasonal Benefits 333 Planning intern benefits Other State Grants 4,002 Rural fire assistant grant Supp 3 of 2004 041 1 1 1 S_2 12/1104 11:24 AM Proposed Supplemental Appropriations and Budget Adjustments #3 of 2004 Version 2 Changes Highlighted Second Reading Revenue Expenditure IIncrease Increase IDescription (IIDecrease) (Increase) Reason Extrication Equipment 4,002 funded by rural fire asst grant Charter Revenue 7,000 Additional bus charter revenue Bus Overtime 7,000 overtime incurred due to bus charters Parking Fees 48,667 revenue from summer parking Parking Seasonal Salaries 6,275 summer parking salaries Parking Seasonal Benefits 225 summer parkng benefits Parking Overtime 2,231 summer parking salaries Shared Projects 70,760 Patrol officer state funding for Police Academy Police Salaries 50,797 Partrol officer salary for Police Academy Police Benefits 19,963 Patrol officer benefits for Police Academy Misc Revenue 4,597 Funds collected for Food Drive Food Supplies 4,597 Food Drive expenditures " Police T-Shirt Sales 3,500 Sales of police t-shirts Shipping Revenue 40 Revenue from shipping police t-shirts Cost of T-Shirts 1,250 Cost of police t-shirts for resale Fire T-Shirt Sales 4,000 Sales of fue t-shirts Shipping Revenue 350 Revenue from shipping fire t-shirts Cost of T-Shirts 900 Cost of fue t-shirts for resale Shipping Costs 390 Cost of shipping t-shirts Manhole Cover Sales 25,000 Sales of manhole covers Manhole Cover Jewelry Sales 15,000 Sales of manhole cover jewelry Shipping Revenue 1,200 Revenue from shipping manhole covers & jewelry Drainage Materials 1,200 Cost of manhole covers for resale Marketing 5,000 marketing expenses for manhole covers & jewelry Contributions (160,000) 2009 Championships funding not needed Contributions (60,000) Rocky Mtn Classic funding not spent Transfer to Capital Projects Fund 52,000 To fund sound system'04, portion of blinds for Donovan Pavilion in 'OS Donovan Pavilion Operating Exp (22,000) Donovan Pavilion Electricity (3,000) Donovan Pavilion Nat'l Gas (1,500) Donovan Pavilion Trash Removal (1,500) Donovan Pav Building R&M (5,000) Donovan Pav Other R&M (3,500) Donovan Pav Equip (3,500) Donovan Pav Misc (12,000) Transfer to Capital Projects Fund 6,800 Additional funding to capital for TM residence remodel Supp 3 of 2004 041111 3.3 12!1/04 11:24 AM Proposed Supplemental Appropriations and Budget Adjustments #3 of 2004 Revenue Expenditure Increase Increase IDescription (Increase) (Increase) Reason Version 2 Changes Highlighted Second Reading ~ ivl wuungency (6,800) Transfer to Capital Projects Fund 1,150,000 To help with capital project fund deficit in outer years ,r: ,_ ,: T~ansferto Ca ital Pro ects nand ~ _ _~~ ~---~~~:-:~«.:._._ ~- _ _ ~_-_;_ _ _ `_ 65,000: To help wit--~.h~Muht Puc-~osc R~~ rcatiunal Facility ,, ) Subtotal General Fund. 352,522 1,240,986 -"` ~__~-_`~~~ ~"`~`~` Total All Funds 3,088,695 1,244,319 Supp 3 of 2004 041111 3.4 1211/04 11:24 AM Version 3 Changes Highlighted TOWN OF BAIL 2005 BUDGET PROPOSAL SUMMARY OF REbENUE, EXPENDITURES AND CHANGES IN FUND BALANCE GENERAL FUND aooa Zoos Amended Proposed Budget Budget 2008 2007 2008 2009 Revenue Local Taxes: Sales Tax 8,881,480 $ 8,772,600 $ 9,100,200 $ 9,977,400 $ 10,827,600 $ 11,361,600 Property and Ownership 2,646,945 2,632,920 2,675,100 2,732,700 2,882,800 2,942,200 Ski Lift Tax 2,420,500 2,438,000 2,553,790 2,673,820 2,829,315 2,914,050 Franchise Fees, Penalties, and Other Taxes 668,700 688,500 705,710 723,350 741,430 759,970 Licenses & Permits 1,235,581 2,620,450 1,453,610 1,100,670 1,143,330 1,187,900 Intergovernmental Revenue 1,474,500 1,324,597 1,351,090 1,378,110 1,405,670 1,433,780 Transportation Centers 3,001,367 2,955,000 3,028,880 3,104,600 3,182,220 3,261,780 Charges for Services 707,285 688,337 705,550 723,190 741,270 759,800 Fines ~ Forfeitures 189,250 202,900 207,970 213,170 218,500 223,960 Earnings on Investments 109,000 120,000 131,000 125,000 124,000 126,000 Rental Revenue 707,142 748,865 767,590 786,780 806,450 826,610 Miscellaneous and Project Reimbursements 292,159 283,950 285,750 95,590 77,480 79,420 Total Revenue 22,333,909 23,476,119 22,966,240 23,634,380 24,980,065 25,877,070 6.8% -2.2% 2.9% 5.7% 3.6% Expenditures Salaries 10,177,543 10, 703, 391 11,134,900 11,245, 700 11,675,100 12,142,100 Benefits 3,494,124 3,710,434 3,878,800 3,953,200 4,128,500 4,314,300 Subtotal Compensation and Benefits 13,671,667 14,413,825 15,013,700 15,198,900 15,803,600 16,456,400 Contributions and Special Events 947,346 811,876 832,200 853,000 874,300 896,200 AIIOtherOperatingExpenses 4,717,894 4,798,983 4,919,000 5,042,000 5,168,100 5,297,300 Heavy Equipment Operating Charges 1,469,908 1,609,506 1,617,000 1,671,300 1,727,600 1,785,900 Heavy Equipment Replacement Charges 437,977 581,522 588,800 596,200 603,600 611,100 Dispatch Services 463,813 559,034 592,000 613,900 636,600 660,300 Total Expenditures 21,708,605 22,774,746 23,562,700 23,975,300 24,813,800 25,707,200 4.8% 3.5% 1.8% 3.5% 3.6% Revenue Over (Under) Expenditures 625,304 701,373 (596,460) (340,920) 166,265 169,870 Transfer to Capital Projects Fund j (1 773,80Q)~ - Beginning Fund Balance 10,376,744 9,228,248 9,929,621 9,333,161 8,992,241 9,158,505 Ending Fund Balance `5 9;22'8;248 $ _9,92'9;B2h $; .9,333,161 ~ $ °8;992;~2a1 S 9;158,505 S 9,328;37u``i Fund Balance as a per cent of revenue 42% 41 % 38% 37% 36% G-1 Version 5 2nd Reading Supplemental #3 TOWN OF VAIL 2005 BUDGET PORPOSAL SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND 2004 Proposed Revenue Amended 2005 2006 2007 2008 2009 Project Information Allocation of Sales Tax to CPF Transfer to GF for I-70 Noise miti ation 6,164,520 46 00 5,848,400 6,066,800 6,651,600 7,218,400 7,574,400 g Sales Tax Federal Grant Revenue ( , 0) 6,118,520 1 369 097 - 5,848,400 2 $ 6,066,800 $ 6,651,600 $ 7,218,400 $ 7,574,400 40%u of total sales tax allocated to Capital Projects Lease Revenue , , 150 000 ,130,832 150 811,800 3,780,000 1,120,000 510,000 Bus replacements & Intermodal site in 2007 CDOT Reimbursement , 40,322 ,000 _ 150,000 150,000 150,000 150,000 Lease revenue from City Market & employee housing Transfer from General Fund 1;773;800 "~ - Reimbursement for Bighorn flood remediaUon Transfer from Dispatch Services Fund 110,000 - To fund Multi-Purpose Recreation Facility Transfer fromRETT 1;13u{~Q5', _ Computer-Aided Dispatch/Records Management System Project Reimbursement Eagle County Grant Revenue 2,188,290 366 000 27,000 1 000 27,000 MuIU-Purpose Recreation Faciliry'04/ VRI Agreement '05 &'06 Interest Incpme 8 Other , 50 000 , ,000 25 000 04 Countywide Computer Aided Dispatch /'05 W. Vail Fire Station Total Revenue , 13,296,234 , 9,181,232 19,000 7,074,600 16,000 10,597 600 11,000 8 499 400 17,000 8 251 400 Expenditures , , , , , Equipment Purchases Document Imaging Software & Hardware Upgrades 40,000 172 000 40,000 4 40,000 40,000 40,000 40,000 OCE maintenance, software upgrades, contract position Web Page DevelopmenUEcommarce , 12 000 2,000 5 133,000 72,000 43,000 52,000 Desktop OS upgrades, replacement PC's, server upgrades, AS400 Eagle County CAD / RMS Project , 676,600 0,000 50 000 12,000 50 000 20,000 50 0 12,000 12,000 Intemet security & application interfaces Police Copier , , , 00 50,000 50,000 County wide Computer Aided Dispatch/Records Mgmt System Police Vehicles Hardware Laptop - 68,485 10,310 - Purchase of new copier for records Video Security for Jail 11,500 - Patrol Car Video Cameras - 45 000 Comprehensive system to record all cameras; reduces liability Fire Truck - , Grant funding to be pursued before purchase Quick Response Vehicle -Fire Dept 107,370 - 735,000 Replace pumper; refurbish Aerial Pumper Fire Department Breathing Apparatus 25,000 25,000 30 000 Quick Response Vehicle Repower Buses - , Replacement of cylinderslcompressor; grant funding to be pursued Replace Buses 2,377,964 2 401 200 126,000 Replace transmissions and engines to extend useful life GPS for Buses 60,000 , , 240,000 375 000 3,834,000 4 buses ordered in '04 cxl to '05 ($1,361,526) +'05 budget Police Vehicles 279,200 - , Vehicle Expansion - 40 300 Subtotal Equipment Purchases 3,830,119 , 2 943 810 766 000 917 00 End dump truck, mower and generator for Special Operations Group Capital Maintenance , , , , 0 3,979,000 154,000 Bus Shelter Replacement Capital Street Maintenance 30,250 30,000 10,000 30,000 10,000 30,000 Parking Structure Improvements 855,000 520 000 890,000 420 000 932,000 52 1,032,000 950,000 980,000 Preventive maintenance, patching, overlays and seal coats General Facility Improvements , 571,286 , 331 500 5,000 405 000 440,000 27 460,000 495,000 Various Parking Structure Improvements Subtotal Capital Maintenance 1,976,536 , 1,671,500 , 1 872 000 0,000 1 772 000 540,000 1 960 280,000 Various Facility Capital Improvements Buildings 8 Improvements , , , , , ,000 1,785,000 Town Manager's Residence 56,800 - Town Manager's Office 7,843 - Fire infrastructure im rovements P 77,367 250 000 2 500 000 Masterplan Costs/Design/VV. Vail Fire Station contingent on the ability to Fiber Optics in Buildings 15 000 , 90 000 , , 1 725,000 fund operations. Remodel of Main Vail Station Dobson Ice Arena , 176,250 , - 5,000 15,000 15,000 15,000 Cabling /Network Infrastructure Vail Recreation District -Design fees to expand capacity C-1 Version 5 2nd Reading Supplemental #3 TOWN OF VAII 2005 BUDGET PORPOSAL SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND 2004 Proposed Way Finding Improvements Amended 85,573 2005 - 2006 2007 2008 2009 Project Information Donovan Park Pavilion 51,465 42 000 Reivise TOV map w/ a electronic directory, directory for merchants Multi-Purpose Recreation Facility 1,677 290 , Additional blinds Subtotal Bldgs /Improvements , 2,147,088 382,000 2 515 000 740 000 15 000 15 00 Red Sandstone facility; revenue from partners included above Streetscape Projects , , , , , 0 West 8 East Meadow Drive 204,617 - 900,000 950,000 1,320,000 Construct streetscape, drainage, lighting. public art, landscaping -adds East Meadow Drive-Streetscape Heat - 965 000 1 025 000 maintenance from Library to Fire Station Village SVeetscape 4,271,425 1,295,190 , 1 535 300 , , Per councils request on 9/21/04 Residential Reconstruct , , 04 Start includes engineer salary; also funded by RETT Subtotal Streetscape Projects 4,476,042 1,295,190 3,400,300 1,975,000 1,320,000 1,600,000 1,600,000 Overhaul residential streets Housing Program Buy-Down Program Timber Ridge Debt Service Guarantee Subtotal Housing Program Lionshead Redevelopment Lionshead Improvements - 200,000 100,000 100,000 100,000 100,000 Net cost of deed restricted units for resale - 925,000 1,125,000 100,000 100,000 100,000 100,000 104,616 300,000 Design costs to implement Town improvements: Construction costs for Lionshead Redevelopment will be funded from developer contributions, TIF & other sources Federal funding included in revenue Intermodal Site Subtotal Lionshead Redevelopment 104,616 300,000 3,750,000 3,750 000 " Other Improvements , Revise TOV Master Plans 100,000 SVeet Light Improvement Program 50,000 50,000 50,000 50,000 50 000 50 000 Drainage Improvements I-70 Noise 75,000 75,000 75,000 75,000 , 75,000 , 75,000 Subtotal Other Improvements 63,303 188 303 550,000 77 250,000 250,000 250,000 250,000 , 5,000 375,000 375,000 375,000 375,000 T t l b f o a e ore Financing 12,722,704 8,492,500 9,028,300 9,629,000 7,749,000 4,029,000 W. Vail Station Bonds Main Vail Renovations Transfer for Debt Service Total Expenditures Revenue Over (Under) Expenditures Beginning Fund Balance Ending Fund Balance Including Village, Lionshead and West Vail Add new street lights and refurbish residential lighting program Continue implementation of drainage master plan (1,500,000) 85,755 125,429 124,214 Certificates of Participation (GOP's) 25 year tens (725,000) 43,415 66,230 (GOP's) 15 year term 2,337,897 2,422,154 2,236,200 2,322,497 2,321,825 2,320,363 To fund debt service on all Town bonds 15,060,601 10,914,654 9,764,500 11,312,252 10,239,669 6,539,807 (1,764,367) (1,733,422) (2,689,900) (714,652) (1,740,269) 1,711,593 8,054,258 6,289,891 4,556,469 1,866,569 1,151,917 (588,352) ~S 6;289;881~~-~$ ~455B'4¢9 ~~ _1,8E6,569,~,$. t,15t,917~-5 ~(5883$2),,.Ss~1;1232ti~' G2 Version 5 2nd Reading Supplemental #3 TOWtd OF VAIL 2005 BUDGET PROPOSAL Real Estate Transfer Tax Fund Five-Year Summary of Revenue and Expenditures REVENUE Real Estate Transfer Tax Golf Course Lease Lottery Revenua Project Reimbursements Interestlncome & Other Recreation Amenity Fees Total Revenue EXPENDITURES Annual Maintenance RETT Collection Costs Rec. Path Capital Maintenance Alpine Garden Support Tree Maintenance Street Furniture Replacement Black Gore Creek Sand Mitigation Park Capital Maintenance Bear Proof Containers Park, Path 8 Landscape Maintenance Subtotal Maintenance Recreation PathfTraii Development Katsos Ranch Cascade Bike Path Trailhead Development N. Frontage Rd. (School to Roundabout) Village Streetscape Design 8 Implement Meadow Ddve Frontage Road Bike Trail Subtotal Pathways Capital Maintenance ADA Compliance w/ VRD Dobson Roof Replacement Raw Water Project Pirate Ship Park -Per Safety Plan Big Horn Park -Per Safety Plan Red Sandstone Park -Per Safety Plan Public Art Subtotal Capital Maintenance 2004 Amended Proposed Budget 2005 2006 2007 2008 2009 Project Information $ 4,225,000 $ 4,623,000 $ 4,828,000 $ 8,525,000 $ 4,620,000 $ 4,850,000 112,579 115,956 119,435 123,018 126,709 130,510 20,000 20,000 20,000 2D,000 20,000 20,000 50,000 - 64,000 51,000 56,000 57,000 65,000 75,000 63,000 194,600 16,900 17 700 18 600 19 500 4,534,579 5,004,556 5,040,335 8,742,718 4,850,309 5,095,010 211,250 231,150 241,400 426,250 231,000 242,500 135,200 140,608 146,232 152, 082 158,165 164,491 89,000 94,000 52,000 54,080 56,243 58,493 33,000 87,000 60,000 60,000 60,000 60,000 25,000 25,000 25,000 25,000 25,000 25,000 150,000 100,000 100,000 100,000 100,000 100,000 - 114,500 95,000 100,000 105,000 110,000 9,500 10,000 791,917 1,097,991 1,129,581 1,174,089 1,164,586 1,268,460 1,444,867 1,900,249 1,849,213 2,091,501 1,899,994 2,028,944 - - 500,000 500,000 Resurface rec path from Sunburst to E. Vail - 150,000 Widen recreation path from W. Haven to tennis courts 20,000 20,000 20,000 20,000 20,000 20,000 Improve trailheads 650,000 Fund Path from Red Sandstone Pedestiran Brdg to Roundabout 2,450,000 2,300,000 1,250,000 Expenditure reduced in 'OS due to acceleration in 2004 - - 1,025,000 800,000 1,080,000 Adjusted to trend 2005 adjusted due to redevelopment; outer years due to trend Collection fee remitted to the General Fund Capital maintenance of the town's rec: path system 05 $44K for pond reconfiguration Provide additional trees to Vail's public areas Additions and replacement of street furniture New in'05 to maintain playgrounds, restrooms, etc. In TOV parks Ongoing path, park and open space maintenance 1,050,000 Construct widened 6' shoulders along all frontage roads; first priority - is Blue Cow Chute to East Vail 3,120,000 2,470,000 2,795,000 2,370,000 1,100,000 20,000 - 50,000 50,000 50,000 1,000 228,097 - _ 332,370 - 300,000 Shared costs with VRD -recreational facilities - 225,000 - - 200,000 64,213 120,000 75,000 75,000 75,000 75,000 397,583 623,097 325,000 125,000 75,000 375,000 Convert parks from treated water to raw water VVII move to 2005 R-1 Version 5 2nd Reading Supplemental 3i3 TOdllfd OF VAIL 2005 BUDGET PROPOSAL Real Estate Transfer Tau Fund Five-Year Summary of Revenue and Expenditures Park Development Donovan Park White Water Park Gore Creek Promenade Bridge Lionshead Park Booth Creek Park Redevelopment Public Restrooms Skate Park Ford Park Master Plan-Improvements Subtotal Park Development 2004 Amended Proposed Budget 2005 2008 2007 2008 2009 Project information 12,000 a1 non 41,683 , _ - 118,317..,.. w _. - - 125,000 - - 100,000 690,000 - - 250,000 - - 420,000 - 100,000 300,000 - - 1,000,000 1,000,000 1,000,000 53,683 41,000 593,317 2,110,000 1,000,000 1,000,000 Funds 3rd haleat, Whltew_ater Pack - will,r~ove~~ta~06 ___ . Wdl move '04 to '06 Reconstruct park W. Meadow Drive & Vail Road Per councils request 10/19/04 Revisit Ford Park Management Plan adopted in April of '97 Open Lands Open Space Acquisition - 500,000 - _ _ Subtotal Open Lands ~ - 500,000 - _ _ Project Management Parks and Landscaping AIPP 78,827 81,735 84,187 86,713 89,314 91,993 Landscape architect Subtotal Project Management - 78 827 84,326 58,598 60,356 62,166 64,031 AIPP salary and operating expenses related to RETT , 166,061 142,785 147,068 151,480 156,025 Total Expenditures 5,094,960 5,800,407 6,005,315 6,843,569 4,226,474 3,579,969 Revenue Over (Under)Expenditures (560,381) (795,851) (964,980) 1,899,149 623,834 1,515,041 Transfer to Capital Projects Fund 1 130205' Beginning Fund Batance 6,280,458 4,589,872 3,794,021 2,829,041 4,728,191 5,352,025 Ending Fund Balance ? $ ' ; 4;589;872 $ ; 3,78¢,021 -$ -2,829OA1 g 4;728,191 $ ;.5,352;025 $ i 6,867;08$ R-2 ORDINANCE NO. 21~ SERIES OF 2004 AN ORDINANCE BAKING SUPPLEflAENTAL APPROPRIATIONS TO TF-E TOWN OF VAIL GENERAL FUN®, CAPITAL PRO.DECTS FUND, AND REAL ESTATE TRANSFER TAX FUND OF TFIE 2004 BUDGET FOR ThIE TOWN OF VAIL, COLORADO; AND AUTFIORIZING THE EXPENDITURES OF SA-D APPROPRIATIONS AS SET FORTIi FIEREIN; AND SETTING FORTFI DETAILS IN REGARD T-1ERET0. WHEREAS, contingencies have arisen during the fiscal year 2004 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.24, Series of 2003, adopting the 2004 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain supplemental appropriations and budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following supplemental appropriations and budget adjustments for the 2004 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the expenditure or (reduction) of said appropriations as follows: General Fund $ 1,240,986 Capital Projects Fund (1,000,226) Real Estate Transfer Tax Fund 1.003,559 Total Before Interfund Transfers 1,244,319 Less: Interfund Transfers 2,430,255 Net Expenditure Increase (Decrease) $(1,185,936) 2• If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. AN 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 16th day of November, 2004, and a public hearing shall be held on this Ordinance at 6 P.M. on the 7th day of December, 2004, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. Rod Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED AS AMENDED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 7th day of December, 2004. Rod Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk 2 ®1~I1~tA1~1CE IV®. 2~ SERIES ®~ 2004 Ali ®I3~IIVAI~ICE 1PI~®VI-~I1~1~ lE®R THE IJEV~' ASSESSIVIEIVT ANl- C®I.I.EC'I'I®1~ ®F 'I'®WI~I AID VAI,®REIbI 1PR®pER'I'Y FAXES I)IJE ~'®lt TIE 2004 'I'mo ~IEAH ANI- I~AVABILE Il~d THE 2005 IFISCAIL YEAI[~. WHEREAS, it is necessary for the Town Council to provide for the levy, assessment and collection of Town ad valorem property taxes due for the 2004 year and payable in the 2005 fiscal year. NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1. For the purpose of defraying part of the operating and capital expenses of the Town of Vail, Colorado, during its 2005 fiscal year, the Town Council hereby levies a property tax of 4.70780 mills upon each dollar of the total assessed valuation of $525,395,800 for the 2004 tax year of all taxable property within the Town, which will result in a gross tax levy of $2,473,458 calculated as follows: Base mill levy 4.69000 $2,464,106 Abatement levy .01780 9,352 Total mill levy 4.70780 2 47 458 Said assessment shall be duly made by the County of Eagle, State of Colorado, as directed by the Colorado Revised Statutes (1973 as amended), and as otherwise required by law. 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code Ordinance 28, Series of 2004 of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 16th day of November, 2004. A public hearing shall be held hereon at 6 P.M. on the 7th day of December, 2004, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. ATTEST: Lorelei Donaldson, Town Clerk Rod Slifer, Mayor READ AND APPROVED AS AMENDED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 7~' day of December, 2004. ATTEST: Rod Slifer, Mayor Lorelei Donaldson, Town Clerk Ordinance 28, Series of 2004 2 fl~S®1L,~1'd'~®I~I I~~. 22 Se>rnes ®ff 200 A RESOLUTION APPROVING AND ACCEPTING, ON BEHALF OF THE TOWN OF VAIL (THE "TOWN" OR "GRANTEE"), A SPECIAL WARRANTY DEED FROM BUFFEHR CREEK PARTNERS, A COLORADO LIMITED PARTNERSHIP (THE "GRANTOR"), WHICH DEED PERTAINS TO CERTAIN REAL PROPERTY WITHIN THE TOWN OF VAIL AND WHICH IS ENCUMBERED BY A CONSERVATION EASEMENT IN FAVOR OF THE EAGLE VALLEY LAND TRUST, A NONPROFIT COLORADO CORPORATION (THE "TRUST"); AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, The Town of Vail, in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the 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 WHERAS, The Grantor is the sole owner in fee simple of certain real property located within the Town of approximately nine (9) acres, legally described as Tract A Eleni Zneimer Subdivision, Town of Vail, County of Eagle, State of Colorado ,(the "Property"); and WHEREAS, ~ the Trust is a Colorado nonprofit corporation which is organized to preserve and conserve natural areas and significant land for ecological, open space, scenic, aesthetic, scientific, charitable and educational purposes; and WHEREAS, In December of 2003, acknowledging that the Property has significant scenic, aesthetic and open space values as set out in the Colorado Revised Statutes (C.R.S.) Section 38-30.5-101, et seq., the Grantor conveyed a Deed of Conservation Easement (the "Easement") in favor of the Trust in order to permanently preserve the entire Property as open space for the use and enjoyment of the general public (a copy of the Easement is open for public inspection on file in the office of the Town Clerk); and WHEREAS, the Grantor now desires to deed its interest in the Property to the Town and the Town is willing to accept said deed subject to the Easement as described above; and WHEREAS, the approval and acceptance of the deed complies with all applicable laws and regulations of the State of Colorado and the Town, and the Town has the authority to enter into this transaction pursuant to such laws. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO as follows: Resolution No. 22, Series of 2004 I Section 1. The Special Warranty Deed granting and conveying the Property to the Town is hereby approved and accepted by the Town. The Town Manager is hereby authorized and directed to execute and accept the deed, on behalf of the Town, with such terms and provisions as the Town Manager, after consultation with the Town Attorney, considers to be necessary or appropriate. in furtherance of this Resolution. Section 2. The Town Council hereby finds, determines and declares that this Resolution is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. INTRODUCED, READ, APPROVED AND ADOPTED this 7~' day of December, 2004. Rodney Slifer, Mayor, Town of Vail ATTEST: Lorelei Donaldson, Town Clerk Resolution No. 22, Series of 2004 2 Jan-26-04 03:26pm Frioml-LANII``Dff TIT r VAIL 11 ff ff`` 97D4764732 ~ T-774 P.OZ F-579 (1111! ~~lfl ~'~I an E ~ ~~I~~ ~~I ~~I~~~~I ~l~ ~I~~~ III I~~IO 2 31/30A03~®: SfiA ~ '' D .00 ~~(~,~~ )[Deed of ~Coaas~u-v~t~on Easement (Eagle Valley Land Trust - Buffeter Creek Partners) This Deed of Conservation Easement, made as of this 31st day of becember, 2003, by $L1FFElYR CREEK PARTNERS, a Colorado Jimited partnership, having an address at P.O. Aax 345, 1Vlinturn, Colorado 81645 ("rrautor"), in tavor ofthc EAGLE VALLEY LAND TRUST, a nonprofit Colorado corporation, having an address of P.O. Box 3354, Eagle, CO, 8163 2 ('`Grantee"). 7'he following exhibits are attached halo and made a part of this 1~asement: Exhibit A - Legal Description of Property Exhibit B - Map of Praperry RlE4/]CTALS: A. Whereas, GrArttor is the sole owner in fee simple of certain real property of approximately nine (9) acres !n Eagle County, Colorado, morn particularly described in IExhlbi A and genaraIly depicted on lExhibit ,both attached hereto and incorporated herein by this . reference (rhe "~'roperty"); 13. Whereas, the Prop~y has significant scenic, aesthetic and open space values as recognized in the Colorado Rcviscd Statutes (C.R.S.) Section 38-30.5-101, erseq. and is visible by the public from Buffeter Creek Road; C. Whereas, Grantor has in the past from time to rime allowed members of the pubic to use the existing trails on the Property for low impact recreation; and u. Whct•eas, it is now the dzsire of Grantor, Grantee, the people of the Cary of'Vail, the County of Eagle, aPtd the State of Colorado to permanently keep the ontire Froperty as open space for the use and enjoyment of the general public; E. Whereas. the following Eagle County policy supports the conservation of the 1'roperry because the Property is located within the Resource 'Lone pistrici pursuant to Eagle County's Land Use Regulations, which establish that it is the policy ot'Eagle County and the purpose of the Resource hone District "[t]o protect and enhance the appropriate ase of natural resources including water, minerals, fiber and open space ... [and] to maintain the open rural character of Pagte County"• p'. Whereas, the specific conservation values of the Property are documented in art inventory of relevant features of the Property, dated December 22, 2003, entitled Conservation Easement - BaselineInventory far The Zneimer Huffehr Creek Property, ~ file at the office of Grantee and incorporated by this reference, which consists ofreporls, maps, photographs, and other documentation that the parties agree provide, collectively, an aecura[c representation of the Property at the rime of this grant ("Baselino Docurueneatioq Repp~„ )~ and which is intended to serve as an objective infoRnation baseline for monitoring compliance with the terms of this b~rant. G. Whereas, all of the natural, open space, ecolobicat, scenic, wildlife, and aesthetic values outlined in the Baseline L7ocumentation ltcport (collretivcIy ``Conservation ~relnes") are of 7572~?~s287o4.6 ST~L('~ Lr~i l %?.3U_29.59 E~~ 363775~2nU3.0() 1 Jan-Ctl-u4 U3:ltipm rrom-t.nnu ~lit~ unit. 9704764732 T-774 P.03 F-579 IIII111111111111IIIlI1111 ! ~9p ~_ Teak J Stnwnton E4ata,~ ~~{i9i~~~~~~~~~ll~l~~~~~~ tz~3aiae83 la:s6q t74 R 86.0® D ®.00 great importance to Grantor, Grantee, the people of the City of Vaij, the people of Eagle County, and the people of the State of Colorado, and are worthy of preser'yation; H• Whereas, Grantee is organized to preserve and conserve natural areas and si the uses aforesaid for ecological, open spacz, scenic, aesthetic, scientific, Cha~nnpableand d for edueationaI purposes; I• Where-~, the State of Colorado has recogtlized the importance of privatC efforts toward the pre~rvation of natural systems in the; state by site enactment of C.R.S. Section 38-3U.S-l O j, e! seg, ; xnd J. Whereas, Grantee is a qualified private organization under the terms of C.R,S, Section 3fi- 30,5-]01, et seq, and is a charitable organization as described in Section 501 c 3 of the Internal Revenue Code of 1986 as amended (the `'Code"), and is a publicly supported organization as described in Section 170(b)(1){A) of the Code wl~osa primary purpose is to preserve and protect the natural, scenic, ag•icultural, hiswrical and open space resources of Cagle and Routs Counties, including the art.-a in which the Property is loeatad, by assispng landowners who wish to protecc their land in perpetuity, and is a '`qualified organization" io do so within the meaning of Section l'70(h}(3) of the Code. AGlf2.1lrE1~IVB's NOW, Tl-1'EREI~ORl:, in consideration of the above and the mutual covenants, terms, conditions, and restrictions contained herein, and putzttattt to the Laws of Colorado and in particular C,RS. 38-30.5-I01, et seg., Grantor herchy voluntarily grants and conveys to C-rantee this Deed of Conservation Easemtnt ("Es1somept~~j in perpetuity consisting of the rishts hereinafter enumerated on, ovzr and xcros~ the Property, I. IPurpose It is the purpose of this Casement to assure that the Property will be retained forever predominantly in its nanual, scenic, and open space condition and to prevent any use of the Froperty that will impair or interfere with the Conservation 'Values of the Fro e intends that this l=asemcnt wit] confine the use of the property to such activities, t~pjU~sor without limitation, those involving Iow impact recreation, general conservation use permitted herein. Pursuant to the terms of C.R.S, 38.30,5_lOt arse ., p~'Pnses and any hereby may not be converted or directed to any other uses other than those provided b re n e~'ed Z. laseline iQoru~eQtation 14tcport' The parties aclo~owtcdge that the Baseline Documentation Report has been prepared, reviewed and approved by Grantee and Grantor. A eo 0 with both Grantor and Grantee and by this r f eerier maid eg pa Dhereofnt'I'he parties is on file acIrnowledge that the Baseline Documentation Report is intended to establish the condition of the Property subject to the Easement as of the date written above (the "Operative Date"} and that by the execution of this Conservation Casement, both Grantor and Grsntce ac:latowledge that the )3aselina Documentation Report accurately represents the condition of the property on tfie Operative Date. 757~13~9287Ga.G sttiLn >/<.; t 73.20.?9.~9 6C; ~~~~~s-?UO3.oc.,_ dan-co-ua u~:[rpm rrom-LAIVU III vni~ 9704764732 T-774 P.05/18 F-579 llllll~ll~ ~~IIIII1 I I-+ ~~~~~~ rvax J 5 " ~~ ~~ ~~~ ~~~~ll~l ~~~ ~ll~l ~~~~ ~~~~ lx/3t/20®3 Z ®: 38R ~mantcn Ea91e, CO 176 R be,0® D t8.0® harvesting of timber or commercial logb'ing~ Grantor is required to notify Grantee, as set forth in Section 7, of the above activities. 4.4. Cons[ruc[lort of Buildings and tither Structures. The construction of any building or other structure, except thosr existing nn the date of.this 17eed or those approved by Grantee subsequent to the date hereof but prior to construction, is prohibited. Before undertaking any construction, Grantor shall notify Grantee and ask perntissinn. 4.5. «ater Itlghts. Grantor shall retain and reserve the right to use wafer rights sufficient for usr in agricultural production on the Property, and !'or wildlife anti piscatorial proposes, and shall not transfer, encumber, Icasr, self, qr otherwise separate such quantity of waterrights fram title to the Property itself. Grantor shalt retain and reserve the right to supplement, change points of diversion, enlarge or modify its water rights. 4,6. if'eeds. (;cantor has the responsibility to control wreds in a manner consistent with start laws. 4 7. lpabllc access. Gran r may perm the general public to use the Property for hiking, biking, snowshoeing, skiing, her back ridin d other low impact, non motorized, recreational uses. ~e Prohibited tiJses Any activity on or usr of ehc Propeny inconsistrnt with the purpose of this Easement is prohibited. Without Iimittd the generality of the faresoing, t>;e following activities and uses are expressly prohibited: S.l. iFtetail, Coraatterelal or fadostrial Aectivity. No enmmarcial, industrial or retail uses shall he allowed on the property. 5.2. Aircraft 1f~ardlities. Grantor shall not construct or erect any aircraft facilities or aircral~ landing facilities qn the Property. 5.3. 'PVildlife 9listaerbance or lt%arasstxieat. Harassment of wildlife by people or domestic animals is prohibited and as such, public snawrttobiling or ofg road vehicle use is prohibited. Consistent with the foregoing, use of snowmobiles or other vehicles as allowed in Section 5.8 shall not distwb or result in the harassment of wildlifr. 5.4. Ai~erattoa of ~'aYersourses sad 'Y'opograp6y. Grantor shall not change, disturb, alter, excavate, or impair any watercourse or wetland or the topography of the surface of the ground on the Property, except as expressly permitted by this Easement. S.S. I+Ion-native Species. Grantor shall not introduce any non-native plant or animal species. fioragr and fodder plants traditionally used in thr Buffeter Creek area, such as alfalfa and clover, may be used. 5.6. Subdivision. The division, Subdivision or de.facrn division of the Pro by legs] procrss, including partition, or by any other action (including entcnp S io any case or other agreement) is saictly prohibited. The property shall he conveyed only in its entirety, and only as a single parcel. ts72u~sz87a-t.e st`.t .la Lc; 1 ~?.-'U_?`,.s9 r.•,Co 8Fa377~-?pU3.f)Qc~ Jan-26-D4 C3:27pm From-LAND TIT VAII 9704764732 T-774 P.O6/16 F-579 . ra.klll ~IIII llJ~ll~ ~~~ I~IJ~ ~!~ Ill~lllf III I11~1111111~ ~D r 5~ neon E.q~o, Cq 174 ~ 31/Z003 [0:S6q R s6,00 D 0.80 5.7..RoadS. Grantor shall not construct any roads except in connection With timber management or wildlifC habitat protection and ettitancement, and activities specifically provided for in Section 4• Any road constructed for one or more of such purposes shall be subject to the riot a Grantee. Any road constructed far temporary use wilt be reclaimed and n'storrd o its original I of condition, within six (b) months after discontinued use, 5.8. Motorized Vehicles. Grantor Thal! not use vehicles or permit others to use any motorized vehicles on the property. Notwithstanding the foregoing, the use of off road vehicles by Grantor may br necessary in forest and range management far protection and enhancement of wildlife habitat, and such limited use is therefore expressly aUowrd to Grantor pmvidad that al[ reasonable efforts are made to minimize any adverse impact of the use, consistent w7th the tc:rtns and left-rtt of this Easement. 5.9. Dumping. Trash, debris, ashes, sawdust, and other non-compostable refuse may not be dumped or otherwise disposed of on the l'roperry, except that generated by normal ranching and timber and range management operations associated with protection and enhancement of wildlife habitat. 5.10, Utilities. Except as allowed under existing utility easements, or under any additional utility easements that maybe taken pursuant to an exercise of eminent domain, tto new utility tra~lsmission lines shall be constructed or allowed on the Property. 5.11. Mineral Activities, Exploration or extraction of oil, gas, and other minerals, mck, gravel, or sand found in, on, or under the Property is prohl~ited by open pit or surface mining methotl_,, No sub-surface or other exploration or extraction of oil, gxs, rock. gavel, sand, or other minerals, including the lease, sale, or other disposition of the rights to such materials, shall impair or result in the destruction of the Conservation Values. No exploration for or extraction of oil, gas, rocl~ ir~vei, sand, or other minerals shall be permitted wftich is in violation of C.R.S. Section 38-30.3- 101, ersey., or Internal Revenue Code Section 170(h) and any rCgulations promulgated thereunder. 5.12. Timber A'arvesting, Grantor shat! not harvest timber on the Property except as. spccifieally allowed in Seetiart 4.3, S. I3. Raptor Nests. Grantor wiU nor cut or disturb any trees or other vegetation within 300 feet of any active raptor nest dtaring the nesting season, or remove any crown trees or overstory vegetation within 3pD feet of any ac[ive raptor nest at any time. However, diseased trees may br cut down and removed during the non-nesting season to abate infestations. 5.14. Billboards and Signs, Grantor will not construct, maintain, or erect any commercial signs or billboards on the property. Small signage may, however, be disP]ayed to stale the name of the owner and Property, that the area is protected by this Easement, the prohibition of any unauthorized entry or use, or the advertisement for the solo of the property. A small sign shall be ~jisplayed near the trailhead of the existing trail on the Property to disp)ay the name of the II'ai] "Zneimer'Trail." x.15. hazardous MsterisTs, 1'he storage, dumpins or other disposal of toxic and/or hazardous :materials or ofnon-compostablC refuse on the 1'rop~y. is prohibited. Natwithstandin an in this Easement to the contrary, this prohibition does not make; Grantee an ovvnez. of the People, y, :nor does it permit Grarttec to control any use of the Property by Grantor which may result in the storage, dumping or disposal of hazardous or toxic materials; provided, however, that Grantee sr_~us:s~sa.~ Slti,LD L<~ 172.?0.2~-59 >t=.C~ f+4377S-3UC)3.0C)S Jan-26-04 03:28pm From-LAND TIT VAII 9T04T64T32 T-TT4 P.OT/18 F-5T9 Jlll~il I~lllllllllllll ~~~~ T©ak J 51,aonton Ea ~~~ Illllll~ ~~~ I~~~" ~~~~ ~~~~ 1213! /20a3 10: SBA a]a, CO 176 R $8.8® D 0 ~ may bring an action to protect rhr Conservation Values of the Propery, as dc-scribzd in this Easement. This prohibition does not impose liability on Grantee, nor shall Grantee be construed as having liability as 8 "responsible parry" under CL'RCLq or similar federal or state statutes. 5.16. '6Water POltutiou. The material degradation or polltirtion of any surface or sul~-surface water on the Property is prohibited. 5.17. Cottrmerciat I~unting. Grantor shall not allow or permit any commercial huntins, outfitting 4r guide senzce to operate; on the Property. 6. Il~eserved 17ig6ts. Grantor reserves to itself, and to its successors, and assib-rts, all rights accruing from its ownership of the Property, including the right to engage in, or permit or invite others tp engage in, all uses of the Property that are not expressly prohibited herein and are not inconsistent with the purposr of this 1asement. 7. NoBiee end Appt•ov~& 7.1. l+fotpce of iinteneion to Ilnderfake Cee~Eain Permitted Actaons. The purpose of requiring Grantor to notify Grantee prior to undertaking certain permitted activities is to afford Grantee an adrquate opportunity to monitor the activities in question to ensure that they are designed and carried out in a manner that is not inconsistent with the purpose of this.]5asement. Whrnever notice is required Grantor shall notify Grantee in writing not less than 34 days prior to the date Grantor intend to undzrtake the activity in question. The notice shall describe the nature, scopr, drsign, location, timetable, and any other material aspect of the proposed activity in suffcicnt detail ra permit Grantee to make an informed judgtnent as to its consistency with the purpose of this F.asernent. 7.2. Granter's Approvml. Where Grantee's approval is required, Grantee shat! grape or withhold it approval in writing within sixty (6U} days of receipt of Grantor's wr;rten request therefor. Grantee's approval Wray be withheld only upon a reasonable determination by Grantee that the action as proposed would be inconsistent with the purpose of this >rasernent. $• ~raneee's ttcffiedies 8.1. ]blotice of ~iotatioq; Corrective Action. If Granted determines that a violation of the terms of this Easement has occurred or is threatened, Grantee shall give written notice to Grantor of such violation and demand corrective action sufficiCrtt to cure the violatian and, where the violation involves injury to the Properly muffing from arty use or acrivi purpose of this ?rasemenr, to restore the: portion of the pro ~' inconsistent with tltr accordance with a plan approved by Granite, pay so injured to its prior Condition in 8.2. gnjuttetive Itel;ef. If CYrantor fat! to curs the violation within twee of notice thereof from Granter, or under circumstances where dre violation cannot reasonably bz clued within a 2U day pc~iod, fail to begin curing such violation within #hn 20 day prriod, or fail to continue diligently to cure such violation until finally cured, Granted may bring an action at law or in equity in a court of competent jurisdiction, to enforce the teams of this Easement, to 7S7~t31821s764 5 51` LL> r..C i 1 72_?n.2~.5~ I=Ci X63%75-?OU3.l)OG dan-co-u4 u~:copm rrom-~xi~u iii vain 8fU4fti4f3Z T-774 P.06/18 F-579 l ~ ~ll ff yy , ss~- i ~~ !~I ~I~i~~~ ~~~~ ~~~II 1~~ ~t1~~~~1 ~U 6111 III ~~1~ 12/31/2003 16:56A Tsak J 6i0~onton Eapla, CO 174 A 86,00 D 0.08 cnj ain the violation, ex pQr:z ss necessary, by temporary or permanent injunction, and ro require the restoration of the Property to the condition that existed prior to any such injury. 8.3. Dayttages. Grantee shall be entitled to recover damages for violation of the tetYns of this Easement or injury to any Conservation Values protected by this Easement, including without limitation, damages for the loss of scenic, aesthetic, or envirotuncntal values. Without limiting Grantor's liability therefore, Grantee, in its sole discretion, may apply any damages recovered to the cost of under*.aking any corrective action nn the Property. 5.4. Emergency Enforcement. If Grantee, in its soli discretion, determines that circumstances require immediau action to prevent or mitigate significant damage to the Conservation Values of the Ptopet2y, Grantee may pursue its remedies under this Section 8 without prig notice to Grantor or without waiting for the period provided for cure to expire, 8.5. Scope of Retlef. Grantee's rights under this Section 8 apply equally in the event of wither actual or threatened violations o{the tams of this Easement. Grantor agrees that Grantee's remedies at law for any violation of the terms of t}tis lrasemCnt arc inadequate and Grantee shalt be entitled to the injunctive relic{ descried in paragraph 8.2, both prohibitive wad mandatary, in addition to such other rclizf to which Grantee maybe entitled, including specific performance of the terms of this Easement, without the necessity of providing either actual datnagcs or the inadequacy of otherwise available legal remedies. Grarttae's remedies described in this Section 8 shall be cumulative and shall be in addition tc- all remedies now or hereafter existing at yaw or in equity. 8.G. Costs of Enforcement. All reasonable costs incurred by Grantee in enforcing the terms pf this Easamenl against Grazttor, including, without limitation costs and expenses ~f suit and reasonable attorneys' fees, and any cost of restoration necessitated by Grantor's violation of the terms of this Easement shall be burne by Grantor; provided, however, that if Grantor ultimately prevails in a judicial enforcement action each parry shall bear it owns costs. 8.7. Forbearance, ,Forbearance by Grantee to exercise its right, under this Easement in the event of any breach of any term of this Easement by Grantor shall not be deemed or construed to be waived by Grantee of such term or of any subsequent breach of the same or any other teen of this Easement ar of any of Grantee's rights under this Easement. No delay or omission by Grantez in the exercise of any right or remedy upon any breach by Grantor shall impair sue}, right or remedy or bo construed as a waiver. 8.8. Waiver of Certain Defouses. Grantor hereby waives any defense of lathes, estoppel, ur prescription. 8.9. Acts Beyond Grantor's Conerol. Nothing eontainc:d in this ]easement shall be construed io retitle Grantee to bring any action against Grantor for any injury to or change in the Property resulting from causes beyond Grantor's control, including, without limitation, fire, Rood, storm, and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes. 9. Costs, ~.iabilities, Tales, and EnvironmeAtat CompliamCe 9.1. Cost, i,egap Requirennents, and Liabilities. Cmnior rctairs all responsibilities and shall hear al! costs and IiabiIitias of any kind related to the ownership, operation, upkeep, and ~s~zu~s2s~aa,o SKLX:~ LC; ] 72_?Q.2y_59 1=;~; Rf>377S-3U03.QU7 Jan-26-04 03:29pm From-LAND TIT VAII 9704764732 T-774 P.09/16 F-579 II ~ II11111111i11I11IIII~llllf JJ ll !! 1f I ~~~ rank J 5lmonton Eaero, ~ ~®II~~~~I~II~1~~~( 'Pegme: 8 04'. t'Y p 17q tai3t1200a 1®:SbA R 88.0® D 0.®® rnaintcnance of the Property, including the maintenance of adequate liability insurance coverage. Ciran[or remains solely responsible for obtainin;; any applicable $ovemmenta] permits and approvals for any construction or other activity or use permitted by this Easement, and all such construe[ion or other activity ar use shall be undertaten in accordance with al] applicable federal, state, and local laws, regulations, and requirements. Grantor shall keep the property free; of any liens arising out of any work performed for, material furnished io, or obligation incurred by Grantor. 9.2. 7'aaes. Grantor shall pay before delinquency all taxes, assessnunts, fees, and charges of whatever description levied on or assessed against the property by competent authority (collectively "taaes"), including any taxes imposed upon, or incurred as a result of, this lasement, and shall furnish Grantez with satisfactory evidence of payment upon request. 9.3. ]EtepresentaYion and b~mrranties. Grraneor represents and warrants that, after reasonable investigation and tc- the best of its knowledge: a) No substance defined, listed, or otherwise classified pursuant to any federal, smte, or local law, regulation, or rcquirCtnertt as hazardous, toxic, polluiin$, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment exisrs or has been released, generated, areat+:d, stored, used, disposed of, deposited, abandoned, or transported in, on, from, or across the property; b) There are not now any underground storage: tanks located on the property, whether presently in service or closed, abandoned, or decommissioned, and no underb~round storage tanks have been removed from the property in a manner not in compliance with applicable federal, state, and local laws, regulation, and requirements; c) Grantor and the property err in compliance with al] fedora], state, and local laws, regulations, and requirements applicable to the Property and its use; d) There is rto pending or threatened litigation in any way affecting, involving, or relating to the Property; and c) No civil or crimutal praeereiings or investigations have been instigated at any time or era now pending, and no notices, claims, dontands, or orders have been reecived, arising out of any violation or alleged violation of, or fai]ure to comply with, any federal, state, or Inca] law, rebTulation, or requirement applicable to the Property or its uses, nor do there exisr any facts or circumstances that Grantor might reasonably expect to farm the basis for any such proceedings, investigations, notices, elairn, demands, or orders, 9.4. 12etnediatioat. If, at any time, there occurs, or has occurrtd, a release in. on, or about the Property of any substance now or hereafter drfirtcd, listed, or otherwise classified pursuant to any federal, state, or local law, regulaeion, or requirement as hazardous, toxin, polluting, or otherwise contatnirtstirtg to the air, water, or soil, w in any way harmful or threatening to hwnan health or the envirotunent, Grantor agrees to take al( steps necessary to assure its containment and remediation, irscIuding any cleanup that may be required, unlCSS the related contamination was cause by G~ntCe, in which ease Grantee steal] be responsible Therefor. 9.5. Gontrul. Norhing in this l:ascmenr shall be construed as giving rise, in the absence ofa judicial decree, to any right or ability in Grantee [o exercise physical or managerial control over the day-today operations of the Propcrry, or any of Grantor's activities an the Property, or rsn~~szx~a.t 6 S KY.. U r .G t 7?.20.29.5 ~ RCi 8t~~77S-3U03.UAfi Jan-zti-u4 03:Z8pm From-LAIVD TIT VAIL 9704764732 T-774 P.10/18 F-579 I . VIII Illliil fill 11111 III lillllll III VIII illl I °gf~7 .++~ J Stmontor7 Ea01• CO 17 ~~~ 12083 2B,86A 4 R 88.0e D e.e® otherwise to become an operator with respect to the Property within the mesning of The Comprehensive Environmental Response, Compensation, And Lisbiiiry Act of 19$4, bs amended ("CERCLA"). 9.f. Aald l:iarmless, Grantor hereby releases and ag'ees to hold harmless, indemnify, and defend Grantee and its members, directors, officers, employees, agents, and contractors and the heirs, personal representatives, successors, and as3igtts of each of them (collectively "lndemnilied Parties") frotTt and against any and alt Liabilities, penahies, fines, charges, costs, losses, damages, expenses, causes of action, claims, demands, ordera, judgments, or administrative actions, including ,without limitation, reasonable attorneys' Fees, arising from or in any way connected with: (l) injury to or the death of any person, or physical damage to any Property, resulting from any act, omission, condition, or other matter related to or occurring on or about the property, rrgai-dless of cause, unless due solely to the negligence of any of the lndurnnified parties, (2) the violation or alleged violation of, or other failure to comply with, any state, federal, ar local law, rcguladon, or requirement, including, without limitation, CERCLA and any similar federal or state law b an Y y person other than any of the Indemnified parties, in any way affecting, involving, or relating to d:c Property; (3) the presence or release in, on, from, or about the Property, at any time, of any substance now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or Local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise eontarninating to the air, water, or soil, or in any way harmi'ul or threatening to human health or iht environment, unless caused solely by any of the htdemnified Parties; and (4) aI1 costs, liabilities and obligations of ownership of the property, .18. Extinguishmenf and Condemnation I U, ! . Extingaisltmeat. If circumstances arise in the future that render the purpose of this Casement impossible to accomplish, this )casement can only be terminated or extinguished, whether in whole or in part, by judicial proceedings in a court of competent jurisdieuon. The amount of the proceeds to which Grantee sha)i be entitled, after the satisfaction of prior claims, from any sale, exchange, or involuntary conversion of aI1 or any portion of the property subsequent io such termination or extinguishment, shall be the stipulated fair market value of the 1asement, or proportionate part thereof, as dmtermirted in accordance with paragraph 11.2, In making this Grant, Grantor has considered the possibility that uses prohibited by the terms of this Easement may became more economically valuable than pemtittzd use,, and that neighboring properties tries in the future bt; put entirely to such prohibited uses. It is the intent o! both Grantor and Grantee that any such changes shall not be deemed to bo eircuma-tanees justifying the termination or extinguishment of this Easement. In addition, thG inability of Grantor, or its, successors, or assigts, to conduct or implement any or all of tlta uses permitted under the terms of this Easement, or the unprofitabiliry of doing so, shall not impair the validity of this Easement or be considered grounds for its termination or extinguishment. I 0.?. Valuation, This Easement constitute,5 a real properly interest immediately vested in -rantea, which, for the purpose of paragaph 11.I, the parties sppulate to have a fair market value of _ st7% determinCd by multiplyinb (l) the fair market valor of the property unrncutnbered by the Easement (minus any increase in value aRer thu date of this grant atvibutable to improvemento } by (2) the ratio of the value of the Easement at the tune of this grant to the value of the Property, without deducting for the value of the Easement, at the rime of this gram. 7s7~t;,szs7sa.6 Jan-26-04 03:29Pm From-LAND TIT UAIL 9704764732 T-774 P.11/18 F-579 ~1JI I11~I1III~il~llllJllllll+I l j j f j j ~~3'~ ~~~~~I ~~~l~I'l~Il~f Aag®. t0 oP 17 7cak J Simonton Engiv, Cp t~q ]z/3t /200$ ~ 86.00 10;BC,p tt 0.80 10.3. av'ondemnation. if all or any part of the Property is taken by exercise otthz power of Cmincnt domain or acquirul by purchase in Lieu of condemnation, whether by public, corporate, or other authority, so as to terminate this Easement, in whole or in part, Grantor and Grantee shall act jointly to recover the full value of the interest in the Property subject to the taking or in lieu purchase and all direct or incidental danlages resulting therefrom. A11 expenses reasonably incurred by Grantor and Graneee in connection with the taking or in lieu purchase shall be paid out of the amount recovered. Grartieu's share of tha balance of the amount recovered shall be determined by multiplying that balance by the ratio set forth in paragraph 1 I.2 i 0.4. ~1ppllcatton of Proceeds. Grantee shall use any proceeds received under the circumstances described in this Section 11 in a manner consistent with its conservation ptuposes, which arc exr]t-plilied by this grant. II. ~ssigntttentt 11.1. This Easement is transferable by Grantee, but Grantee may assign its righu and obligations under this Easement only ro an organization that is (a) a qualified organization at the time of transfer under Section ! 74(h) of the Internal Revenue Code of 1986, as amended (or any successor provision t}zen applicable), and the applicable regulations promulgated thereunder; and (b) authorized to acquire and hold conservation easement under Colorado law; and (o) approved as a transferee by Grantor. As a condition of such transfer, Granter shall require the transferee to expressly agree, in writins, to carry out and uphold the conservation purposes of this easement end otherwise assume alt of the obligations and liabilities of Grantee set forth herein or created hereby, ARre such transfer, Granter shall have na further ohligetion or liability under this Easement, if Grantee desires to transfer the Lcasement to a qualified organization having similar purposes as Grantee, but Grantor unreasonable refuses to approve the transfer, a court with jurisdiction shall transfer the Easement ro another qualified organization having similar purpose which at,~r2es to assume the responsibilities of Grantee, 22- ~metadment 12.1. 1f circumstances arise under which an amendment to or modification of this Easement would be appropriate, Grantor and Grantee are free to jointly amend this Casement; provided that no amendment shall allow division or subdivision of the Property, nos allow the construction of buildings or structures, nor permit uses of the Property, cxczpt as otherwise permitted herein, and provided that no amendment shaiI be allowed that will affect the qualiFcatian of this Easement or the status of Grantee under any applicable laws, includinb C.R.S. 38-30.5-101, et seg, or Section 170(h) of the Internal Revenue Code or any resulations promulgated therCUndrr, and provided that any such amendment he consistene with the purpose of this Easement and shall not affect its perpetual duration. Any such amendment shall be recorded in the official records of Eagle County, Colorado. 13. Sat6segtaen$ 'I'ransfea~s 13.1. Grantor agrees to incorporate the terms of this Easement by reference in any deed or other legal instrument by which they divest themselves of any interest in ail or a portion of the Property, including, without lirnitarion, a Ieasthold interest, Grantor further agrees t0 give ~~7213tK2k764.o lU SKLf'~ L_C; 1 72.?U.'?9.5{.,) ~~ FG37'7,5..200_3.U I n dan-co-ua ua:oupm rrvm-unnu tt unit. aruaftiafs[ ~ T-774 P.1Z/18 F-579 I Illili IIIII lilllll llf I!I lliiflll Ili Illl~l ill 1111 ~~ ~ 00 ~m~~p Took ~ Stmontorr ~a91o~ CO 174 R 86.08 D 8.00 written notice !o Grantee of the transfer of any interest at ]east ten (10} days prior to the date of such transfer. The failure of Grantor to perform any act required by this paragraph shall not impair the validity of this Easement or limit irs cnforceahiliry in any way. 14. Notices 14.1- Any notice, demand, request, consent, approval, ar communication that either party desires or is required to give ra the other shall nr in writing and either served personally or scat by first class mail, postsge prapaid, addressed as follows; Crrantor: Buffahr Creek Partners Attn: Edward zneimcr P.O. Box 305 Mintum, C:O 81445 Crrantrr; Eagle Valley Land Trust Attn: Cindy Cohagan P.O. Box 3308 Eagle, CO 81 Gal I5. Recordation 15.1. Grantee shall record This instrument in timely fashion in the official records of Eagle Catanry, Colorado, and may re-racord it at any time as may be required to preserve its rights in this Easement. 16. General Provisions 16, 1. Controlling Law. 'The interpretation and performance of this Easement shall be governed by the laws of the State of Colorado. 16.2, Y.lberal Constrncti<on.:1ny gCnerat rule of construction to $e contrary notwithsranding, this Easement shall be liberally construed in favor of the grant to effect the purpose of the Easement and the policy and purpose of C.R.S. Section 38-30.5-101 er.seq, if any provision in this instrument is found to be ambiguous, an interpretation consistent with the purpose of this Easement that would render the provision valid shall be lavorCd over any interpretation that would render it invalid. 16.3. Severabtlity, If any provision of this Easement, or the application thereof to any person or circtnnstances, is found w be invalid, the remainder of the provisions of this Easement, ur the application of such provision to person or circumstances other than those as to which it is found to be invalid, as the case maybe, shall not be affected thereby. 1 G.4. Engre Agreement. This instrument sets forth the entire abn'erment of the parties with respect to the Easement and supersedes all prior discussions, negotiations, understandings, or a~cemcnt relan'ng to the Easement, a1J of which are merged hrrcin. I b.5. No Forfeiture. Nothing contained herein will result in a forf4iturc or reversion of Grantor's title in any respect. 15'72~1t82g76a.a 1 1 tiKL(~ Lt`a 17?,?0.29.J'~ EC. 86375-2C)03.U1 1 Jan-26-04 03:30pm From-LAND TIT VAII 9704764732 T-T74 P.13/18 F-579 ~ ~,~~~~ ~~~~~ ~~,~~~ ~~~~ ~i«a ~~i i»~~~~- ~~ ll~~~~ r~~ ~~ ~~ ~ ~5 16.8. Captions. 'The caption in this instrument have been inserted solely for convenience of refbrenee and are not a part of this instrument and shall have no effect upon conslnu;tion or interpretation. 16.9. Counterpstrts. The panics may execute this instrtttnent in nvo or more counterparts; which shall, in the tagb~regate, be signed by both parties; tack couraetpart shall be deemed an original instrument as against any party who has signed it. Tn the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. 16.10, YnterpretatiorD. 7fany reserved ribht of Grantor under this Easement is found to be not in compliance with Section 170(h) of the Internal Revenue Code, or any regulations promulgated thereunder, then such provision shall be interpreted and applied in such a manner as to be in compliance with Section 170(h) of'thz Internet Revenue Code, and any rebt.tlations promulgated thereunder. 16.11. No lvlerger. Unlcsa the parties expressly state that they intend a merger of estates or interests to oCCttr, then no merger shall be dremcd to have occurred hereunder or under any documents executed in tht3 future affecting this Decd of Conservation Easement. t b.12. Ievelopment Itngltes. Grantor hereby grants to Grantoo all development rights except as specifically rc,Served herein, for the Limited purpose ol'insuring that such rights are forrver terminated and extinguished, and may not br used by Grantor, Geantec or any other patty,. an or transferred off of the Property to any other property adjacent or otherwise. ]6,I3. Warranty otP'Title. Grantor warrants that it has good and sufficienttitle to the Property, that it has good right, full power and lawful authority w gent and convey this P~sement, that any mortgages or Jiens on the Property arc and shall remain subordinate to the terms of this basement, and Grantor hereby promises to warrant and forrver defend the title to the Easement in the quiet and peaceable possession of Grantoe, it$ successors and assigs, against al! and every person or persons Iawfully claiming the whole or arty part thereof. 1'O FiAVF AND T4 HOLD unto Grantor, its successors, and assigns forevrr. ~srlu~szs~w.c 12 Pbg®: 12 oP 17 T3Ah .t Simontu„ icopta. Lo 170 12/31/2808 10:5t3A R t3t3. ®® D 0 . ®0 16.6. Succossurs. The covenants, tams, conditions and rrstriclions of this Easement shall be binding upon, and inure to the betteftt of, the parties hereto and their respective personal representattvars, heirs, successors, and assigns and shall eonunue as a servinede running in perpetuity with the Property. The terms "Grantor" and "Crgntee", wherever used herein, any pronoun used in place thereof, shall include, rrspeetively, the above-named Crrantor and its successors, and assigns, and the above-named Clrantee and its successors and assigns. ] G.7. Terminatian of Rights and ~bllgutione. A party's rights and obligations under this Easement terminate upon transfer of the party's interest in the Easement or Property, except that liability for acts or omissions occurring prior to transfer shall swvive transfer S KL. ~ Lt ~ 1 73.30.29.5~~ r',C F;C 37%5,20()3.0 ! ? Jan-26-04 03:30pm From-LAND TIT~VAIL 8704764732 ® T-774 P.14/18 F-579 ~~1~I~~~~11 + 8F3775 ~~I~~ J~~ I + 17 ~lllll 1 0 1 ~I ~~r~~(1~ r I~~11I! ..k , st o (~1I1111J~~~ m ntan ~a ~ ~ 2/31/280 a e, c0 17A R 86.00 3 10;5&A o e.0e [N '~TNESS WHEREOF Grantors and Grantee have set their hands on the day and year first abova written. G~INTOR: BCJFFEI-IR CREEK PARTNERS, A Colorado Iitnited partnership y~3,~.r MARY HAZEL. CHAVEZ NQTARY PUBf_IC STATE OF COLORADO >3y: ZneimCr C~mpan ne., its General Partner j ~' 13y: Edward Zn " PrncidFni STA'CE OP CQLQRADO ) ) SS. COUNTY OF Eagle ) Tile foregoing instrument was aclrnowled$c before me of this 22nd day of December, 2t?03, by Edward Zneimcr, president of zneimer Company, lnc., as general partner of BUFFI;}iR CRElrK PARTNERS, a Colorado limited partnership, Witness my hauld and official seal, My commi,sion expires: 1431 /Ob i `:II--A~ iVotary Pu l Mar azel Cave 7szz~3~8za76a1 GRANTEE: EAGLE VALLEY LA.Np 'TRUST a Colorado non-profit oorpOration .-- ,~~ by: ~-%~~ title• L-^ ~ ~ r M~ ~~ SKf..L~ L_G 173,30.?t~.S9 f.=C_i 86377,x-2QC)3.01:~ dan-~o-ua U3:~Ipm trom-~nnu iii ~ VAIL 8704764732 T-774 P.15/18 F-579 j t ~ ~6 Tu4x ~~~1~~~~I~II~~~~+~~~~I~~~tl~I~i~~l~~f ~~~RJ~I j page: I$ p}' co ~ t tY4 R 38.00 3/33/2003 10:38A D ®.80 S 1~A1'L OF C:ULUF:AllQ ~ COUI~ITYOir ~Co~'~ ~ ss. The fore~oin~ instrument was aclrnowled$e before me of this ~~~day of Deccmbrr, 2003, by Candy Cohagen, as ExecutivC Director of the Eable Va1lCy Land Host, a Colorado nonprofit corporation. Wi~ness my hand and official seal. My comrttission expires: ls, ~„~ 757?~3183$7Er3.G ,v`jY ~~^C'hpO f ~, .. 'a, ~ ~.:~~,~ J 1's~' J•~ ~ .d ~ ~J .' Q' ~ ~~ ,~ '~~:ttiti''T ;~~ SKLf~ 1..Ci I'73.2O.~~).Ssj C,~; be`i:3775-"?UU:3.(~14 Jan-26-04 03:31 pm From-LAND TIT VAIL 9704764732 T-774 P.16/18 F-579 fll t ~1 $~~~~~ ~ 1~I1 lllll ll~llfl llil ! ~ iJ~llill lfi llll~l 111 111 P~;31, 3s of 1 Tea ~ Z003 10.56 k J Simonton Eapi~, CO 17C R 36.00 D 0.00 A ErhihSt A I.eggl Description of Property Tract A, Eleni Zneimcr Subdivision, Town o£ Vail, County of Eagle, Stalc of Colorado. 7572131Y28N.i,G ~1CLI~ 1.~; 1 72.2C).?9.~9 SCE SG377S-2U03.(a] S Jan-26-04 03:31 pm From-LAND TIT ~ VAIL 97D476473Z Ech- obit ~ ,9~~ap of ~ropePty T-774 P.17/16 F-579 +~ ~~~~ An®~: 18 of 17 ll~l~ 11111111 sly ~ Illllll !1111 l~lllll ~z, T ~~~ 38 aak J s,mantor Eaeta. CO 170 R 85.80 /2003 1®,SSq 0.00 7572t3~S2876#.d SI~LI7 LC.. 1 7?.?C).?9_59 CQ~ Sc53775-2003.41 G f f J lJ 1~ FJ (~ L ^~^ ~l .~ ~/ ~J C L> C ~1 v.v ~ , ~ f' 18.AtitD) ATt• ~ .. , •s, ......n ....~.ei _.______. ____. ... ______. _. __ __. _____ - '^ - ....,,.m; --•--------. .. ------------- F1N/ti. PLAT ..~~~ ~ ,~~~~.~',, ~LLt~~i ZAf~I«~R SUE3DIV+SIOt~ ~,,~ P- RFSUBD;VISfOlJ CF A P.gPT pF TT' ~~~ .rlr,7 k. i101J'S PiDG~ SUf'L71V15lO.`:, FlLtrfG ido. 2 Tp',VN t7° 'JAtf, COUFJTY Oi PkGLL'. S7ATE OF CQLOP,ItinO tit i i i U.St,S :m , ~ i .. ~ .~.s lGT j t I ~ g t i 1 Mllis, tt 1'A:LE4 - n'ASI V R1 ' v- '" ... ,'~~ . ,~ ru'}- 1 I: ~ ~ ~ ~ ~ 1 ~~ , / ` ,` ~ t~, , t _ l ' 1 I p ~ J ~ I ' I{ t . ~ i L. ~ t~ 1 ~ i \ ~ at - ~ -- - - ~~~ ~ " ~~S ~~ i -4-_:tir.t -1~ = __- ~ _ .._-~ p~ __ Ip7 tiOKy ~ Jyptp96 li I~ '. ~~---- __~ • .tis J ~~ I~ tat a ~: t ~I ~i 1 10) s I vn r.,. ~~ ~..~, ;: ~ tn. .. tot 1 r~t~l a y~.'" .. 1 •,,t~y v'~f ~ `` ~ . ,S ~ / ~ ~ /, / , tar , 1 ~ .,, - i ti~ 4 lAT 7 t01 / t ~~ _ 101 t ~~- -- - - `• ~- - - ~r.i.`.6 ~•~ ~ Lois ,' $ ~~ xCf~s, UTiIl7Y s P„J~ / AiAll111 y tG ./,Sf Ri11;1 ~ i i / / i ., r r4i~lt ~~ ."'". .•~'~ / !~ 7tF.11•3 ~ ~-' NtYL ,,. t, ~,. ~. !uy I ~ ~ y~ Ak101~p,71 Gl1t ~R y113 .•' , ,~T N._ »:~ ~ ,ter. `•i 11T~•.. r MR' j ~t~~~~~>~~~~~~~~ ff 8637~~ ~~~~~~~l~~~ ~. 17 0~ anon Ea !a ~~~~~~~~~ 12! >? CO tad 31/2083 1p:ggA R a6.ee a e.oe /1 Lnrc Rt ttSr S.tt•4yae;, ur w t n Q 1 a a T 0 a 1 r i' z v --t p^- m .y t7 A ti tsa A_ N 1 A 'o m W 1 y~. ~® ~~ November 30, 2004 To: Vail Town Council Stan Zemler Pam Brandmeyer Judy Camp From: Sally Lorton Re: October Sales Tax On the reverse side, please find the latest sales tax worksheet. I estimate I'll collect another $40,000.00 in October sales tax to bring October collections to $52,706.00. If so, we will be up 4.06% or $20,614.00 from October 2003 and up 3.02% or $15,497.00 from budget. Attached please find two worksheets that report on the conference center tax collection. onth 993 994 ' 995 998 997 998 Town of Vail Sales Tax Worksheet 11/30104 1999 2000 2001 002 003 udget 004 Collectlons udget Variance hange from 2003 Change from Budget January 1,855,364 1,805,707 1,894,597 1,935,782 2,052,569 2,115,359 2,066,459 2,034,529 2,210,547 2,073,481 1,997,091 2,017,203 2,225,422 208,219 11.43% 10.32% February 1,828,766 1,814,495 1,816,107 1,993,389 2,089,673 2,153,121 2,021,486 2,223,670 2,366,321 2,281,833 2,111,163 2,132,423 2,362,406 229,983 11.90% 10.79% March 1,988,090 2,250,656 2,139,298 2,240,865 2,580,992 2,368,077 2,415,202 2,545,573 2,568,871 2,699,664 2,372,942 2,396,839 2,343,759 (53,080) -1.23% -2.21% April 864,303 794,668 791,092 966,993 874,427 1,107,334 952,843 926,771 1,043,431 870,875 871,468 880,244 991,853 111,609 13.81% 12.68% May 257,248 287,315 324,681 318,920 329,783 382,718 370,864 388,121 448,234 414,248 428,919 433,238 411,291 (21,947) -4.11% -5.07% June 475,161 548,820 590,685 594,907 630,366 633,400 692,811 721,774 751,439 657,707 742,755 750,235 731,808 (18,427) -1.47% -2.46% July 811,538 892,830 893,483 963,717 1,043,637 1,107,882 1,130,883 1,235,470 1,157,867 1,044,966 1,075,532 1,086,363 1,128,000 41,637 4.88% 3.83% August 825,954 891,566 867,125 990,650 1,073,430 1,183,926 1,050,004 1,038,516 1,124,275 1,084,318 1,029,446 1,039,813 992,381 (47,432) -3.60% -4.56% September 560,535 725,205 645,902 630,453 637,831 735,608 806,600 817,313 747,766 713,574 679,208 686,048 755,172 69,124 11.18% 10.08% October 400,525 408,405 461,791 413,573 472,836 515,531 536,204 547,201 486,570 484,425 508,092 513,209 488,706 (24,503) -3.82% -4.77% ,. _sn. y _ - _ ~ ... :, i ,... ~ u •a ., . Total 9 X67,484 ~G, 315,6,7 i0,~2.1,761 11,049,249 11,7b5,544 12,302,956 X2,043,356 12,478,938 12905.321 X2,325,091 11,816,616 11,935,615 12,430,798 495,183 5 20°-~~ 4.15°-0 t - .~ November 553,681 594,491 611,147 601,208 707,166 656,596 582,260 691,445 571,783 642,293 591,269 597,223 December 1,974,553 1,992,855 1,994,540 2,068,851 2,254,709 2,070,834 1,883,805 2,062,205 1,933,940 2,139,417 2,171,098 2,192,962 Total 12,395,718 13,007,013 13,030,448 13,719,308 14,747,419 15,Q30,386 14,509,421 15,232,588 15,411,044 15,106,801 14,578,983 14,725,800 r_ ~~ ~..~.:-~~ T®wn ®f Vai9 ~®nfere~ce tenter lL®dging Tax Q~.5%)~®rksheet. 11/30/04 Change 2004 Budget from MOnth. 2003 Budget Co/lectlons Variance 2003 Change from Budget January 258,035 263,236 304,069 40,833 17.84% 15.51 February 314,645 .. 320,987 354,088 33,101 12.54% 10.31% March 342,984 349,897 332,935 (16,962) -2.93% -4.85% ApPlB 64,246 65,541 87,119 21,578 35.60% `.: 32.92% May 15,964 16,286 17,999 1,713 12.75% 10.52% June 54,153 55,244 56,634 1,390 4.58% 2.52% July 84,422 86,124 94,588 8,464 12.04% 9.83% August 81,820 83,469 82,876 (593) 1.29% -0.71% September 42,569 43,427 48,683 5,256 14.36% 12.10% October 25,131 25,638 27,622 1,984 9.91% 7..74% Total 1,283,969 1,309,849 1,406,613 96!764 9.55% 7.39% 1 ~- 1 November 29,089 29,675 December 260,232 265,476 Total 1,573,290 1,605,000 onth Town of Vail Conference Center Retail Tax (. 11/30/04 2004 2003 Budget Collections 5%) Worksheet Change Budget from Variance 2003 Change from Budget January 233,274 227,706 266,964 39,258 14.44% 17.24% February 250,236 244,263 283,431 39,168 13.27% 16.04% March 283,013 276,258 284,498 8,240 0.52% 2.98% April 99,694 97,315 115,591 18,276 15.95°l0 18.78% May 46,376 45,269 46,139 870 -0.51% 1.92% June 83,981 81,97T 83,885 1,908 -0.11% 2.33% July- 122,562 119,637 130,237 10,600 6.26% 8.86% August 119,843 116,983 114,836 (2,147) -4.18% -1.84% September 78,107 76,243 86,585 10,342 10.85% 13.56% October 57,330 55,962 56,609 647 -1.26% 1.16% Total 1,374,416 1,341,613 1,468,775 ' 127,162 6.87% 9.48% November 67,602 65,987 December 253,449 247,400 Total 1,695,467 1,655,000 Xe: C6c~cc:~. VAII. PARK AND RECREATION DISTRICT d/b/a VAIL RECREATION DISTRICT W~ BOARD OF DIRECTORS U . 5:00 P.M. Tuesday, November 23, 2004 Town of Vail Council Chambers AGENDA REGULAR MEETING 1. Call to order 2. Approval of Minutes a. October 12, 2004 Regular Board Meeting b. November 4, 2004 Special Board Meeting c. November 9, 2004 Regular Board Meeting 3. Public input of items not on the agenda 4. Potentia12005 Goals 5. Outdoor Ice 6. Nordic Update 7. Approval of 2005 Budget & Fees 8. Executive Director input >9. Board Member input 10. Adjournment 11. Executive Session §24-6-402(4)(f), C.R.S., "Personnel matters except if the employee who is the subject of the executive session has requested an open meeting, or if the personnel matter involves more than one employee, all of the employees must request an open meeting." Memorandum To: Vail Recreation District Board of Directors Vail Recreation District Staff From: Dennis Stein, Executive Director Date: November 19, 2004 Subiect: Potential Goals for District Budget and Execa~tiye Director' Based on notes from Tuesday, November 9th's Board Meeting comments, I've attempted to create a set of measurable goals to help future policy and budget decisions'as well as aid in the direction, priorities, and evaluation of the VRD Executive Director for 2005. Unfortunately, I have not had the opportunity to finish this task. In addition, I think it would be beneficial for the Board and I to take additional time (individually) to brainstorm potential goals and for us to reconvene on this matter at a future meeting. This would allow: Board Members to have additional input (last meeting most Board Members only had a short time period to think about goals before they were expected to share); Nino would be given an opportunity to prepare and share his goal ideas; and I would have additional time to work with the ideas presented by the Board on November 9th as well as to think of goals I might have that were different from the Board. Following are: "recommended goals" -goals that I have been able to work on and put in measurable terms; and "Board Input" -ideas shared at November 9th's Board Meeting that I have not been able to develop into a measurable goal or were contradictory to other Board Member input. Recommended Goals a .Improve golf financial controls: - Stop the decline of Vail Golf Club revenues -Vail Golf Club revenues (green fees, medallion green fees, pass sales, cart rentals & driving range) shall equal or exceed $1,278,990 at the end of the 2005 golf season. - Operate golf maintenance at expenses not to exceed $700,000 (not including golf equipment leases $46,789 and ERWSD loan $10,000) for fiscal year 2005. - Total golf expenses not to exceed $1.2M (not including golf equipment leases $46,789 and ERWSD loan $10,000) for fiscal year 2005. - Maintain a net golf operating surplus of at least $100,000 (excluding enterprise fund capital expenses) for fiscal year 2005. Generate operating reserves that can build up to the auditor-recommended level of $800,000: - End 2004 with a Fiscal Year net operating reserve of at least $75,000. - Start 2005 Fiscal Year with total operating reserves of at least $200,000. - Reduce 2005 Tax Anticipation Warrant needs from $300,000 (2004) to $150,000. - End 2005 with a Fiscal Year net operating reserve of at least $180,000. - Start 2006 Fiscal Year with total operating reserves of at least $400,000. - Have enough operating reserves ending 2005 Fiscal Year in order that Tax Anticipation Warrants do not have to be issued in 2006. Generate capital funds within the operating budget and begin some annual capital improvements: - 2005 fiscal year budgeted new capital improvements include ADA improvements, 2 vehicle replacements, tennis court renovations, Dobson special event flooring, golf enterprise software, and a Vail Golf Club tradeshow booth. - As funds become available they will be set aside for the capital reserve fund (i.e. - if TOV approves RETT funds for tennis court repairs, the budgeted $30,000 could go right into the capital reserve fund). ~®0~ ~udge~ ~u~nmag-y ~Jp~a~~ I1/1~ l~~ndget iunclluafles: o Approved >Peansion 1Piaffi change from 16.15% to 12.5% has been updated, in each department, for all affected employees, resulting in a $20,000 decrease to retirement expenses. o Decreased capital project funding for Tennis Goea~-ts from $60,000 to $30,000. o Decreased interest expense occurred from the Tax Aa~ticipation Note from $6,500 to $4,650. 2005 Tax Anticipation Note with Wells Fargo will be for $150,000. o $'5,000 interfund transfer from General Fund to Enterprise Fund. ~ene~-al I~'aanci o Added $2,500 in equipment and turf replacement expenses to ®a~tcflooa~ Progratns for an Outdoor Ice Rink. lE~ate~-~¢~ise ]~'~naad o To achieve financial goals for GoIlff ~rancln, decreased golf ®perations expenses by $6,000 and ~o9ff I~I[aintenance expenses by an additional $26,400. o ~olbson added a $6,000 two-day special event in May. 2005 BUDGET YEAR 11/19/04 VA1L RECREA TION DISTRICT G/L MTHL Y BUDGET SUMMARY RPT - FU NDS I & 2 PG 1 ' DESCRIPTION IAN BUDGET FEB BUDGET MAR BUDGET APR BUDGET MAY BUDGET JUN BUDGET JUL AUG SEP OCT NOV DEC TOTAL YR 9:40am PRIOR YR GENERAL FUND: BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET OS BUDGET 04 BUDGET SPORTS: REVENUE EXPENSES 36,010.00 41,875.00 10,825.00 50,925.00 91 950.00 $9 125 00 T t l 39,144.90 36,884.90 _ 49,724.90 41.424.90 , _ 45,666.90 , . 67,360 00 81,525.00 102 161 90 44,375.00 18,475.00 27,475.00 24,825.00 1,375.00 468,760.00 398 165 00 o a (3,134.90) 4,990.10 (38,899.90) 9,500.10 46,283.10 . (8 235 00) _ , . 20 636 90 51,612.90 83,068.90 35,396.90 35.394.90 41,355.00 629,199.00 , . 502,945.16 , . ( , . ) (7,237.90) (64,593.90) (7,923.90) (10,569.90 (39,980.00) (140,439.00) (104,780.16) YTH SERVICES: REVENUE EXPENSES 18,540.00 22,302.00 11,795.00 23 351 00 24,330.00 22 54,415.00 48,610.00 42,780.00 35,280.00 28 105 00 6 025 00 7 55 Total , . ,461.00 24,442.00 27,828.00 67.583.00 _ 65,586.00 , . 62,801.00 , . 31 023 00 , 5.00 22 996 00 24,235.00 14,665.00 316,335.00 294,980.00 (3,762.00) (11,556.00) 1,869.00 29,973.00 20,782.00 (24,803.00) (30 306 00 _ 34 6 , . , . 25,816.00 47,600.00 443,789.00 423,792.00 , . ( , 96.00) (24,998.00) (15,441.00) (1,881.00) (32,935.00 (127,454.00) (128,812.00) OUTDOOR PROGS: REVENUE EXPENSES 2,600.00 10,728.00 2,500.00 5 178 00 4,100.00 4 7 2,500.00 1,700.00 3,600.00 12,100.00 6 900.00 900 1 00 0 Total _ , . ,1 8.00 8,743.00 _ 4,883.00 _ 7,830.00 14,115.00 , 8,735.00 , . 11 580 00 .00 4 183 00 6,000.00 3,300.00 47,200.00 86,492.50 (8,128.00 (2,678.00) (78.00) (6,243.00) (3,183.00 4 230 00) 2 015 0 , . , . 4,663.00 _ 5,882.00 90,698.00 142,911.03 , . ( , . 0) (1,835.00) (9,680.00 (4,183.00) 1,337.00 (2,582.00) (43,498.00) (56,418.53) OTHER REVENUE: TAXES OTHER VRD REV 0.00 700.00 125,638.00 700 00 332,458.00 70 110,865.00 554,052.00 125,638.00 229,048.00 22 228 00 22 227 00 22 2 Total . 0.00 700.00 700.00 700.00 700.00 , . 700 00 , . 700 00 , 28.00 7,454.00 7,455.00 1,559,291.00 1,549,925.00 700.00 126,336.00 333,158.00 111,565.00 554,752.00 126 338 00 229 748 00 . . . 700.00 700.00 700.00 8.400.00 10,404.00 , . , . 22,928.00 22,927.00 22,928.00 8,154.00 8,155.00 1,567,691.00 1,560,329.00 OTHER EXPENSES: ADMIN & OPERATIONS MARKETING 137,455.25 37,050.25 35,500.25 43,310.25 37 830 58 52 264 55 PARK MAINTENANCE 6,588.50 5 280 00 11,838.50 5 230 28,238.50 11,988.50 , . 18,538.50 , . 15,419.75 57,745.90 13 038 50 38,835.90 10 088 50 38,960.90 48,805.74 38,075.25 47,856.90 613,693.72 557,254.20 OTHER EXP , . 0 00 , .00 3 520 00 4,780.00 7,495.00 17,137.00 34,409.00 , . 27,388.00 , . 26 498 00 14,538.50 17 525 8,688.50 6,668.50 9,369.75 155,024.50 151,945.00 TRANSFERS . 0 00 , . 0 00 9,680.00 3,080.00 16,280.00 8,170.00 6,600.00 , . 440 00 , .00 8,421.00 5,980.00 6,533.00 166,676.00 161,724.45 TO~I . . 0.00 0.00 0.00 0.00 0.00 . 0 00 440.00 440.00 0.00 0.00 48,650.00 45,150.00 149,323.75 57,638.75 78,198.75 65,873.75 89,786.08 110 263 30 10 . 0.00 0.00 0.00 _ 75.000.00 75.000.00 200.000.00 , . 4,772.40 75,862.40 71,464.40 66,355.24 50,743.75 136,761.65 1,059,044.22 1,116,073.65 CAPITAL EXPENSES: ADMIN/OPERATIONS PARK MAINTENANCE 400.00 400.00 400.00 5,400.00 gOp,Op 400 00 Tot l 0.00 0.00 0.00 0.00 0.00 . 0'~ 5.400.00 00 ' 0 400.00 400.00 5,400.00 400.00 400.00 ~ 19,800.00 25,400.00 a 400.00 400.00 400.00 5 400 00 400 00 . 0•~ 0.00 12.500.00 0.00 0.00 12,500,00 0.00 . . . 400.00 5,400.00 400.00 400.00 (7,900.00 400.00 400.00 32,300.00 25,400.00 BTM LINE-GEN FUND: 164 048.65 59,055.35 217,450.35 73,521.35 528,448.02 -_~ : 21 593.30 66 61 70 971 . ~ ~ 7. 03.30 1 48 209.30 88 875.14 53 803.65 206 503.65 ` 16 4~955,7~g _ 128,844.66 2005 BUDGET YEAR VAIL RECREATION DISTRICT PG 2 1 I! 19/04 G/L MTHLY BUDGET SUMMARY RPT - FUNDS I & 2 9:40am, ' JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL YR PRIOR YR ` DESCRIPTION BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET OS BUDGET 046UDGET ENTERPRISE FUND: GOLF: REVENUE 1,500.00 I,soo.oo 1,500.00 0.00 186,350.00 213,000.00 407,475.00 357,150.00 165,650.00 28,650.00 0.00 0.00 1,362,775.00 1,431,475.00 OPEREXP 7,182.69 6,477.69 11,882.69 10,427.69 46,146.91 70,374.13 54,036.34 54,906.34 152,331.55 71,266.61 7,182.69 9,169.03 503,384.36 564,691.59 GOLF MA1NT EXP 30,614.04 26,804.04 35,597.04 41,984.72 74,961.82 150,910.28 104,035.44 84,506.58 96,832.56 39,013.69 33,837.04 33,813.07 752,910.32 705,738.50 Total (36,296.73) (33,781.73) (45,979.73) (52,412.41) 65,241.27 (8,284.41) 249,403.22 217,737.06 (83,514.11) (81,630.30) (41,019.73) (42,982.10) 106,480.32 161,044.91 TENNIS: REVENUE 0.00 0.00 0.00 0.00 1,150.00 9,325.00 12,150.00 9,850.00 1,500.00 0.00 0.00 0.00 33,975.00 35,825.00 EXPENSES 580.00 580.00 580.00 580.00 11,620.00 20,850.00 10,725.00 12,215.00 6,805.00 1,080.00 580.00 580.00 66,775.00 65,220.50 Total (580.00) (580.00) (580.00) (580.00) (10,470.00) (11,525.00) 1,425.00 (2,365.00) (5,305.00) (1,080.00) (580.00) (560.00) (32,800.00) (29,395.50) DOBSON ARENA: REVENUE 67,975.00 70,275.00 45,550.00 53,700.00 36,950.00 25,875.00 28,100.00 13,025.00 40,450.00 47,300.00 41,450.00 31,400.00 502,050.00 498,490.00 EXPENSES 46,339.50 41,983.90 40,664.50 39,839.50 39,676.30 48,131.56 67,233.90 36,953.30 35,533.90 38,383.90 41,183.90 49,256.56 525,162.72 497,503.50 Total 21,635.50 28,291.10 4,885.50 13,860.50 (2,726.30) (22,256.56) (39,133.90) (23,928.30) 4,916.10 6,916.10 266.10 (17,856.56) (23,132.72) 986.50 OTHER REVENUE: LOTTERY 0.00 0.00 5,000.00 0.00 0.00 5,000.00 0.00 0.00 5,000.00 0.00 0.00 5,000.00 20,000.00 19,000.00 OTHER MISC 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 20,000.00 TRANSFERS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 D.00 75,000.00 75,000.00 200,000.00 Total 0.00 0.00 5,000.00 0.00 0.00 5,000.00 0.00 0.00 5,000.00 0.00 0.00 80,000.00 95,000.00 239,000.00 OTHER EXPENSES: DEBT SERVICE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 (312,939.84) OTHER EXP 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 (312,939.84) CAPITAL EXPENSES: GOLF OPER 5,000.00 0.00 15,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 20,000.00 10,000.00 GOLF MAINT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 11,270.00 0.00 0.00 0.00 0.00 11,270.00 0.00 TENNIS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 15,000.00 15,000.00 0.00 0.00 30,000.00 0.00 DOBSON ARENA 0.00 0.00 0.00 0.00 0.00 25,000.00 12,500.00 0.00 0.00 0.00 0.00 0.00 37,500.00 7,000.00 Total 5,000.00 0.00 15,000.00 0.00 0.00 25,000.00 12,500.00 11,270.00 15,000.00 15,000.00 0.00 0.00 98,770.00 17,000.00 BTM LINE-ENTERPR FD: 20 241.23 (6,070.63) 51 674.23 39 131.91 52,042.97 62 065.9 199,194.32 180,173.78 93 903.01 88 794.20 (41,333.63) 18,581.34 46,777.60 41,696.07 BTM LINE-DISTRICT: (184,289.88) 52~,984.7m2 165,776.12 34,389.44 _ 58 83659.27 265,812.02 8® 242112.31 177 669.34 (9 187 922.31 21 17 2005 BUDGET YEAR 11/19/04 VAIL RECREA TION DISTRICT G/L MTHL Y BUDGET SUMMARY RPT -FUNDS 1 & 2 PG 1 DESCRIPTION IAN BUDGET FEB BUDGET MAR BUDGET APR BUDGET MAY BUDGET JUN JUL AUG SEP OCT NOV DEC TOi'AL YR 9:40am GENERAL FUND: BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET OSBUllGET PRIOR YR 04 BUDGET SPORTS: REVENUE EXPENSES 36,010.00 39 144 90 41,875.00 36 864 9 10,825.00 50,925.00 91,950.00 59,125.00 81 525 00 44 375 00 18 7 Total _ , . , . 0 49,724.90 41,424.90 _ 45,666.90 _ 67,360.00 , . 102,161.90 , . 51 612 90 ,4 5.00 83 068 90 27,475.00 24,825.00 1,375.00 488,760.00 398,165.00 (3,134.90) 4,990.10 (38,899.90) 9,500.10 46,283.10 (8 235 00) 20 636 9 , . . . 35,398.90 35,394.90 41,355.00 _ 629,199.00 502,945.16 , . ( , . 0) (7,237.90) (64,593.90) (7,923.90) (10,569.90 (39,980.00) (140,439.00) (104,780.16) YTH SERVICES: REVENUE EXPENSES 18,540.00 22,302.00 11,795.00 23,351.00 24,330.00 22 461 00 54,415.00 24 48,610.00 42,780.00 35,280.00 28,105.00 6 025 00 7 555 00 24 Tornl 3 76 , . ,442.00 27,828.00 67,583.00 65,586.00 62,801.00 , . 31 023 00 , . 22 996 00 ,235.00 14,665.00 316,335.00 294,980.00 ( , 2.00) (11,556.00) 1,669.00 29,973.00 20,782.00 (24,803.00) _ (30 306 00) - 34 696 , . , . _ 25,816.00 47,600.00 443,789.00 423,792.00 , . ( , .00) (24,998.00) (15,441.00) (1,581.00) (32,935.00) (127,454.00 (IZasl2.oo) OUTDOOR PRODS: REVENUE EXPENSES 2,600.00 10,728.00 2.500.00 5 178 00 4,100.00 2,500.00 1.700.00 3,600.00 12.100.00 6 900 00 1 Total - , . _ 4,178.00 _ 8,743.00 4,883.00 7,830.00 _ 14,115.00 , . 8 735 00 ,900.00 11 580 00 0.00 6,000.00 3.300.00 47,200.00 86,492.50 (8,128.00) (2.678.00) (78.00 (6,243.00) (3,183.00) (4 230 00) _ 2 015 0 , . , . 4,183.00 4,663.00 5.882.00 90,698.00 142,911.03 . . ( , . 0) (1.835.00) (9.680.00 (4,183.00) 1,337.00 (2,582.00) (43,498.00) (56,418.53) OTHER REVENUE: TAXES OTHER V RD REV 0.00 700 ~ 125,638.00 700 ~ 332,458.00 7 110,865.00 554,052.00 125,638.00 229,048.00 22 228 00 Total 00 ~ 700.00 700.00 700.00 700.00 , . 700 00 22,227.00 700 00 22,228.00 7,454.00 7,455.00 1,559,291.00 1,549,925.00 700.00 126,338.00 333,158.00 111,565.00 554,752.00 126,338.00 229 748 00 . . 700.00 700.00 700.00 _ 8.400.00 _ 10.404.00 , . 22,928.00 22,927.00 22,926.00 6,154.00 8,155.00 1,567,691.00 1 560 329 00 OTHER EXPENSES: , , . ADMIN & OPERATIONS MARKETING 137,455.25 37,050.25 35,500.25 43,310.25 37 830 58 PARK MAINTENANCE 6,588.50 5,280 00 11,838.50 5 230 00 28,238.50 11,988.50 , . 18,538.50 52,264.55 15,419.75 57,745.90 13 036 50 38,835.90 10 38,960.90 .48,805.74 38,075.25 47,858.90 613 693 72 557 254 20 OTHER EXP TRANSFERS . 0.00 , . 3,520.00 4,780.00 9 680 00 7,495.00 3 080 0 17,137.00 34,409.00 , . 27,388.00 ,088.50 26,498.00 14,538.50 17 525 00 8,688.50 8 6,688.50 9,369.75 , . 155,024.50 , . 151,945.00 0~ 0.00 , . 0 00 , . 0 16,280.00 8,170.00 6,600.00 440 00 , . 44p p0 ,421.00 5,980.00 6,533.00 166,676.00 161,724.45 Total 149,323.75 57,638.75 . 78 198 75 0.00 0.00 0.00 0 . , 44p,00 O,pO 0.00 0~ ~ 48,650.00 45,150.00 , . 65,873.75 89,786.08 110,263.30 104,772.4 75,862.0 71 464 0 6 75 6 22 06 0 65 CAPITAL EXPENSES: , . 6,355.24 50,743. 138, 1,059,044. 1,11 , 3. ADMIN/OPERATIONS 400.00 400 00 PARK MAINTENANCE 0.00 . 0 00 400,00 5,400.00 400.00 400.00 5 400 00 400 00 Total 400 00 . 0.00 0.00 0.00 0.00 , . 0.00 . 0 00 400.00 0 00 5,400.00 400.00 400.00 19,800.00 25,400.00 . 400.00 400.00 5.400.00 400.00 400.00 5 400 00 . . 12.500.00 0.00 0.00 12.500.00 0.00 . . 400.00 400.00 17.900.00 400.00 400.00 32.300.00 25 400 00 BTM LINE-DEN FUND: 164 048.65 59,p5® 217,gS0 3S 73,521.35 528,448.02 21 593 30 66 . . ® ~ . ,61 9 7103.30 1 48 209.30 88 875.14 53 803.65 206 503.65 16 4 128 ~ ~~ ,844.66 2005 BUDGET VEAR VAIL RECREATION DISTRICT i PG 2 I (/19/04 G/L MTH LY BUDGET SU MMARY RPT -FUNDS 1 & 2 9:40am JAN FEB MAR APR MAY JUN 1UL AUG SEP OCT NOV DEC TOTAL YR PRIOR YR DESCRIPTION BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET OS BUDGET 04 BUDGET ENTERPRISE FUND: GOLF: REVENUE OPER EXP 1,500.00 1,500.00 1,500.00 0.00 186,350.00 213,000.00 407,475.00 357,150.00 165,650.00 28,650.00 0.00 0.00 1,362,775.00 1,431,475.00 GOLF MAINT EXP 7,162.69 8,477.69 11,882.69 10,427.69 46,146.91 70,374.13 54,036.34 54,906.34 152,331.55 71,266.61 7,182.69 9,169.03_ 503,384.36 564,691.59 30,614.04 26,804.04 35,597.04 41.984.72 74,961.82 150,910.28 104,035.44 84,506.58 96,832.56 39,013.69 33,837.04 33,813.07 752,910.32 705,738.50 Total (36,296.73) (33,761.73) (45,979.73) (52,412.41) 65,241.27 (8,284.41) 249,403.22 217,737.08 (83,514.11) (81,630.30) (41,019.73) (42,982.10) 106,480.32 161,044.91 TENNIS: REVENUE EXPENSES 0.00 0.00 0.00 0.00 1,150.00 9,325.00 12,150.00 9,850.00 1,500.00 0.00 0.00 0.00 33,975.00 35,825.00 580.00 580.00. 580.00 580.00 11,620.00 20,850.00 10,725.00 12,215.00 6,805.00 1,080.00 580.00 560.00 66,775.00 65,220.50 Total (580.00) (580.00) (580.00 (580.00) (10,470.00) (11,525.00) 1,425.00 (2,365.00) (5,305.00) (1,080.00) (580.00) (580.00) (32,800.00) (29,395.50) DOBSON ARENA: REVENUE EXPENSES 67,975.00 70,275.00 45,550.00 53,700.00 36,950.00 25,875.00 28,100.00 13,025.00 40,450.00 47,300.00 41,450.00 31,400.00 502,050.00 498,490.00 46,339.50 41,983.90 40,664.50 39,839.50 39,678.30 48,131.56 67,233.90 36,953.30 35,533.90 38,383.90 41,183.90 49,256.56 525,182.72 497,503.50 Total 21,635.50 28,291.10 4,885.50 13,860.50 (2,728.30) (22,256.56 (39,133.90) (23,928.30) 4,916.10 8,916.10 266.10 (17,856.56) (23,132.72) 986.50 OTHER REVENUE: LOTTERY OTHER MISC 0.00 0 00 0.00 5,000.00 0.00 0.00 5,000.00 0.00 0.00 5,000.00 0.00 0.00 5,000.00 20,000.00 19,000.00 TRANSFERS . 0 00 0.00 0 00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 20,000.00 . . 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 75,000.00 75,000.00 200,000.00 Total 0.00 0.00 5,000.00 0.00 0.00 5,000.00 0.00 0.00 5,000.00 0.00 0.00 60,000.00 95,000.00 239,000.00 OTHER EXPENSES: DEBT SERVICE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 (312,939.84) OTHER EXP 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 (312,939.84) CAPITAL EXPENSES: GOLF OPER GOLF MAINT 5,000.00 0 00 0.00 15,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 20,000.00 10,000.00 TENNIS . 0 00 0.00 0 00 0.00 0.00 0.00 0.00 0.00 11,270.00 0.00 0.00 0.00 0.00 i 1,270.00 0.00 DOBSON ARENA . 0.00 . . 0 00 0.00 0 00 0.00 0.00 0.00 0.00 0.00 15,000.00 15,000.00 0.00 0.00 30,000.00 0.00 . . 0.00 0.00 25,000.00 12,500.00 0.00 0.00 0.00 0.00 0.00 37 500.00 7 000.00 Total 5,000.00 0.00 15,000.00 0.00 0.00 25,000.00 12,500.00 11,270.00 15,000.00 15,000.00 0.00 0.00 , 98,770.00 , 17,000.00 BTI~Y LINE-EN'fERPR FD: 20 241.23 (070.63) 51 674.23 39 131.91 52,042.97 62_065,9 1 18 9 g^ (8,794 20) (41,333.63) 18,581.34 46,777.60 41,696.07 BTM LINE-DISTRICT: (184,289.88) ~ 52,984.72 165,776.12 34,389.44 580,490.99 83 659.2 265,812.02 83,070.48 (242,112.31) ®~ _ {177,669.34) (95,137.28) (187,922.31) 211,733.38 170,540.73 MINUTES REGULAR MEETING VAIL PARK AND RECREATION DISTRICT d/b/a VAIL RECREATION DISTRICT BOARD OF DIRECTORS 5:00 P.M. Tuesday, October 12, 2004 Town of Vail Council Chambers MEMBERS PRESENT Julie Hansen, Nino Licciardi, Scott Proper, Michelle Hall STAFF PRESENT Jody Blackburn, Amy Ludke TOV MEMBERS None PRESENT OTHERS PRESENT T.J. Conners CALL TO ORDER Nino called the meeting to order at 5:00 p.m. Nino moved to excuse Peter's absence. Julie seconded. Approved unanimously. APPROVAL OF 9/21/04 MEETING MINUTES Nino moved to approve the: minutes from the September 21, 2004 Board Meeting. Nino noted on pg. 4 there was .a name that needed to be corrected. Correction was made. Scott wanted to omit a paragraph that was worded wrong on pg. 5. Correction was made. Julie made a motion. Michelle seconded. Approved unanimously. PUBLIC INPUT OF ITEMS NOT ON AGENDA None 3`d QUARTER FINANCIAL UPDATE Jody Blackburn presented the 3`d Quarter Financial update to the Board and explained the financial status of each Department. She described the following recent payments that were made to Wells Fargo: $53,768 for the annual Golf Cart Lease and a payment of $12,520 to McMahan and Associates for the 2003 Audit. Both invoices were posted to October 2004. Jody went onto state the upcoming financial highlights for both the Enterprise fund and the General Fund. She stated that golf was unfavorable by ($134,496) through the month of September. She stated that Golf Operations salaries are favorable by $46,051 through the month of September. She stated that Brent had done a good job on keeping salaries low this year. Jody stated that there was about $43,000 left of old VRD merchandise left to sell from the previous season. It includes mostly clothing goods and golf club rentals. Julie asked if we could donate the rental clubs to Battle Mountain High School. Julie feels that each year the merchandise sits, it looses value, and that we need to get it out of the golf course storage. Julie also suggested that we .place the merchandise on EBay to sell for a profit. Jody stated that she would look into both. Jody went onto state that Golf Maintenance was over budget this season by ($22,000) due to the rainy summer season. She explained that Jim had to purchase more chemicals this year compared to past years to prevent infection. Jody went onto state that Special Event revenue was unfavorable at Dobson Arena by ($23,755) due to the facility's capacity issue in booking concerts and Special Events. She also stated because of the winter 2004 adjustment of the concession agreement, concession revenue is unfavorable by ($27,200). This was another agreement that was effected by the facility's capacity issue. 2004 and 2005 special event revenue will dramatically be affected if TOV upgrades and improvements continue to be delayed. Jody stated that Dobson is having problems booking events and concerts with promoters because of the uncertainty about the capacity issue being resolved. Promoters will not book until they know the issue has been solved. Nino suggested that Dobson Staff meet with promoters immediately to speak on booking the Arena after the improvements are made. Jody went onto state that for 2004 year-end, Tennis will come in approximately $4,000 favorable to budget. General Departments/operations that are assisting in offsetting decreased Golf and Dobson revenue: Favorable to budget: Sports: $42,771 Youth Services; $17,375 marketing $28,508 Park Maintenance; $9,249. 2 The Board decided that all Department Staff have their 2005 Fees ready to be reviewed by the Board by Friday October 29, 2004. The Board requested a meeting to be scheduled Thursday November 4, 2004 from 2:00 - 5:00 p.m. to discuss 2005 Fees, Budget and Capital improvements. The Board agreed that the normal Board Meeting scheduled for Tuesday, October 26, 2004 would be canceled. The next regular Board Meeting would be scheduled Tuesday, November 9, 2004 (time to be determined) VRD ASSOCIATE HANDBOOK Jody reviewed the Associate Handbook by giving the Board a brief overview of what the handbook included on policy and procedure. She stated that the handbook was more geared toward the full time salaried employee this year, rather than the part time, seasonal employee. Julie stated that although the handbook was geared towards the full-time salaried employee, she would like to see that every employee of the Rec District be given a handbook. Jody agreed. All Board members also agreed that it would be a good idea that someone of legal expertise reviews the handbook, to make sure that all bases are covered. Jody went on to explain the new vacation policy. She stated that the policy includes a three tiered system according to the years of service at the VRD. Unlike previous years the VRD will now recognize the 11 government holidays as designated vacation days. Employees will need to schedule programs accordingly around these specific holidays. If a department's operation/program requires an employee to work on a designated holiday, the employee and their immediate supervisor will determine an alternative date in exchange. In addition to the paid holidays, employees accumulate paid vacation based on length of service to the District: Years of Service Vacation Days per Year Accumulated Hrs per Month 0-3 10 6.67 4-6 - 15 10 7+ 20 13.33 3 Jody went onto state that employees may carry over accrued vacation hours from one year to the next. Maximum accrual is 1.25% the annual allotment. When vacation time reaches the maximum accrual, it must be taken or it will be lost. Employees who terminate their employment shall be paid for all accrued vacation at their current salary rate. Years of Service Maximum Vacation Accrual 0-3 100 4-6 150 7+ 200 Julie gave a brief history of how the vacation policy has worked in the past. She stated that the District's vacation hours accumulated year after year without an adequate cap, a huge financial liability towards the District. Jody stated that the new vacation policy would go into affect November 1, 2004. She stated all employees were aware of the change and agreed to either use their vacation time or loose it at the beginning of the new year. Jody stated that she would like to get approval from the Board on the new vacation policy in order for the new policy to go into effect November 1, 2004. Julie made a motion to adopt the new accrual vacation benefits policy stated on page 5 of the Associate Employee Handbook to go into effect November 1, 2004, and that all employees be brought down to the new maximum accrual December 31, 2004. Scott Seconded. Approved unanimously. Julie asked what the cap was on employee sick time. Jody stated that the district did not have a maximum amount on employee's sick time, and that it accumulated year after year according to the number of years worked at the District. Julie believed that like Vacation accumulation sick time might have the same financial liability on the District. Julie stated that there should be a cap on sick time as well. She asked Jody to look into what other companies max their sick time at and to come up with an average cap on the amount of accumulated sick time. Michelle stated that the sick hours employees accumulate are very important and valuable to an employee's well-being. She stated examples where sick time had worked to her advantage. She stated that her sick time became valuable when she was pregnant with her first child and to care for her ill mother. Michelle believes that sick time is valuable and a benefit to employees that have put many 4 years into a business. She believes that the policy for sick time should remain the same. BOARD MEMBER INPUT Julie stated that she would like Jody to get more of an understanding on the District's disability insurance and what other districts and businesses cap their sick time at each year. Julie stated that before the Board approved the Associate Handbook she would like a legal expert to review the Associate Handbook, and she would like to revisit the sick time allotment. Julie also wanted an e-mail policy and computer download policy to be added to the Handbook. Jody stated that she would look into both suggestions in more detail before the next Board Meeting. Julie thanked Jody for producing a capital improvements plan if and when SA passes. Jody stated that she wanted the Board to keep in mind if SA does pass insurance rates will go up considerably. Julie agreed. Julie went onto state that if SA does pass the Town of Vail would like the Rec District to run an outdoor sheet of ice on the~golf course. Nino stated that we are not in a financially sound position this year to run a sheet of ice. Jody presented costs put together by Jim Myers and Charlie Turnbull, TOV. The costs totaled an average of $44,000. The Board agreed the District could not afford to construct the outdoor sheet of ice this winter. They suggested that the Town construct the sheet this winter and the Rec District operate the sheet. They went onto agree that if SA passes, and the Rec District has the funds they would agree to put up the-sheet of ice and operate it next year. Nino suggested that Scott Proper write a letter to the Town of Vail stating that we are in support of the sheet of ice on the Golf Course and the Rec District operating it, but this year we cannot afford the costs. We ask that the Town construct and pay for the supply this year and the District operate the sheet. If SA passes the District agreed that we be more than willing to build the sheet of ice next year and operate it. The Board agreed it is now in the Town's hands to decide. 5 ADJOURNMENT Julie motioned to adjourn at 7:00 p.m. and Scott seconded. Approved unanimously. Peter W. Cook, Secretary Amy Ludke, Assistant Finance Manager a/04 BOD/10-12-04 minutes.doc 6 ,, ;. ,: `~ .M ~r .. t '~, ,~ ~_ _ MEMBERS PRESENT: STAFF PRESENT. TOV MEMBERS PRESENT. OTHERS PRESENT: CALL TO ORDER: INPCIT ON ELECTION ADA COMPLIgNCE UPDATE BUDGET OVERVIEW Fail Recreatio n District Special November 4~ 2004 Meeting ~'aiI 2' 00 p.m. Golf Club Krueger 12oom Nino Licciardi, Julie Hansen, Scott p Dennis Stein, Jod rOPer, Michelle HaII Y Blackburn, Mike Ortiz, Wendy A None r<nstrong None Nmo called the excuse Peter' meeting to order at 2:10 s absence. Scott seconded. A ~ Julie motioned to Julie asked the b pprOVed unani Dennis °ard to voice mously, explained that there their opinions on S absentee ballots still Were still 75 for details needing to be provisio al bal oB °pt Passing. and should know COUnted. and Borne more results b He is ~^ contact y the end with Teak Dennis °f next week. stated that the To cost (not inclu wn °f Vail a starter shack dmg the $16,000 for th Feed to split the District ~ tO bring up to AD golfclub $110,000 total needs to be a A regulations. 1Je use + $19000 golf DA requirements. ntinued more ggressive in seekin nnis co that t g RETT funds to he Nino thanked Jo cover the does not include ADor cleaning up the bu Nino suggested ova A COSts and reflects fedes if Jody explained space at Ys of fu SA ould that it Dobson SO oa' confereg the bumgUSasuc w have passed. events fees, have o nce too has renting the o fflCe January 1, 2005. deposit on all co ge charge, new ntracts with Dobso special Julies n effective folio uggested prioritizing the ca wed. pital i mprovements list. 1.. Discussion Scott asked the board and payment for attendin Previous g board boards to eliminate golf meetings. Nino su passes and ggested a Nor to provide free se dic pass folio logistics of Vices any ion wing the theme that we Nordic f Nordic pass, im le get' Dennis will follo~, u can not afford acilities. P mentatio P with staffo^ n, and comparisons with other Julie recommended moving the golf co and the gymnastics lease under s o arse eq i me Pits in the budp nt lease under golf get. t .. Julie motioned to cap the amount of sick time staff can accumulate to six months. Scott amended the motioned to state that staff recommended that the board cap sick time to six months. Michelle seconded. Passed unanimously. Jody expressed Peter's desire to cut the pension plan and cap the contributing amount, which would result~in a $20,000 savings to the District. Dennis recommended keeping the salary pool and reducing the pension. Discussion followed. BOARD MEMBER INPUT Nino distributed "The Park Commissioners Handbook" by Ted Flickinger to each board member and encouraged each person to review. Nino inquired about the restaurant RFPs. Dennis and Jody are currently working on them. Julie suggested to send out a RFP to each restaurant in the valley. Michelle motioned to enter into executive session. Scott seconded. Passed unanimously. ADJOURMENT Meeting adjourned at 5:20 p.m. Peter W. Cook, Secretary Amy Ludke, Assistant Finance Manager a/04 BOD/1 I-4-04 minutes.doc MINUTES REGULAR MEETING VAIL PARK AND RECREATION DISTRICT d/b/a VAIL RECREATION DISTRICT BOARD OF DIRECTORS 5:00 P.M. Tuesday, November 9, 2004 Town of Vail Council Chambers MEMBERS PRESENT Julie Hansen, Peter Cook Scott Proper, Michelle Hall STAFF PRESENT Dennis Stein, Jody Blackburn, Brent Redman, Amy Ludke TOV MEMBERS Diana Donovan PRESENT OTHERS PRESENT Stephen Connolly, Ken Wilson, Ross Davis CALL TO ORDER Julie called the meeting to order at 5:00 p.m. Scott moved to excuse Nino's absence. Michelle seconded. Approved unanimously. APPROVAL OF OCTOBER 12th MEETING MINUTES AND NOV 4 SPECIAL MEETING MINUTES Scheduled to be approved at the Tuesday, November 23, 2004 Board Meeting. PUBLIC INPUT OF ITEMS NOT ON AGENDA Stephen Connolly began by stating that he voted "Yes" for both Ballot Questions SA and SB and was very disappointed they did not pass. He also expressed some personal opinions on why the ballot issues were unsuccessful. PRESENTATION OF 2005 BUDGET Jody Blackburn presented the new changes to the 2005 Budget that had been requested by the Board from the last meeting. Jody stated that the new bottom line was $122,000 with a fund for capital spending at $161,000. The Board concurred with these revised figures. Julie stated three areas that were brought up during the last meeting that could be amended in the 2005 Budget. She suggested the possibility of: 1. Reducing contributions made by the Recreation District towards the employee Pension Plan from 16.15% to a rate of 12.5% for employees hired from 2003 and previous. Jody stated that this would save the Recreation District an estimated $20,000 per year. 2. Charging fees for Nordic Skiing at the Nordic Center. 3. Excluding both the benefit of golf passes and payment per Board Meeting for all Board Members. Scott suggested that the Board formulate goals that could be used to better evaluate the Executive Director as well as the budget. Scott said such goals could help establish parameters for the Board's decision-making. Julie asked Board Members to state specific goals they would like to see in 2005. Peter Cook 2005 goals: 1. Stopping the decline in revenue at the Vail Golf Course. Creating an obtainable Golf Course Budget. He went onto state that he feels good about last season's performance and looks forward to that carrying over in 2005 and doing even better. 2. He wants to maintain a quality and respected staff, which gets well compensated for the hard work that they do for the Recreation District. 3. Connecting with Community. Making sure our programs are what the community wants. 4. Achieve the overa112005 Budget and to develop a Capital Reserve Fund that would appreciate over the next 10-20 years, a reserve in which we can use towards capital projects and expenses. Michelle Ha112005 goals: 1. Hall's solution in gaining more money would be to raise fees slightly in all Departments instead of cutting into employee 2 benefits. She feels that we need quality staff to create quality programs. We need to maintain benefits for staff. 2. Michelle does like the idea of charging for Nordic Skiing at the Golf Course as a way to increase possible funds. Scott Proper 2005 goals: 1. Provide Vail and its visitors with exemplary recreational services and amenities. 2. Stop the decline in golf revenues (or increase). 3. Develop VRD operating reserves annually until the District has $800,000 in operating reserves. 4. Create a Capital Reserve, Repair and Maintenance Program which the District can use towards capital projects, capital expenses and maintenance and repair of buildings, vehicles, etc. while still building a "savings account" for capital needs. 5. Positive net revenue at Dobson Arena. 6. Better communication with the Community, improving customer satisfaction. Julie Hansen 2005 goals: 1. Julie disagrees with additional staff cuts, and agrees that we should be less reliant on the Golf course for funds and adjust fees accordingly in all departments. 2. Long Term Capital Plan 3. The Recreation District needs to become more knowledgeable . about the leases with the Town of Vail, especially where financial responsibility lies regarding capital improvements and repairs. We can no longer make capital improvements to their buildings. 4. Staff must be compensated fairly. Staff need to cross-train between their different departments. Staff needs to be creative and learn to work outside their comfort zones. Julie went onto say that the Board needed to make a decision on the 3 areas discussed at last week's Board Meeting regarding possible solutions for saving money for the Rec District. 3 possible areas cuts and charges could be made: 1. Establish fees at the Nordic Center 2. Cut backs on employee Pension Plan 3. Board incentives. All Board members agreed that the Nordic Center would charge this season for Nordic Skiing. The Board questioned how the new fees would be enforced. Dennis stated that we would have appropriate signage at designated areas along the course describing the new fee structure. Kathryn and Dan both support charging at the Nordic Center. There will also be advertisements in the newspaper letting people know that there is going to be a fee this year. Estimated fee schedule for the upcoming Nordic Season: RESIDENT NON-RESIDENT ADULT PASS $'75 $100 FAMILY PASS $175 $200 YOUTH PASS $35 $40 A single entry fee will be discussed at a later date. The Board was generally supportive of charging this year for Nordic if it could be implemented this year in a professional manner. Staff should research further the details of irriplementation and proceed accordingly unless they felt such actions were being undertaken too late in the process to integrate with already planned user groups and informing the Nordic community. Hall made a motion to reduce contributions made by the Recreation District into the employee Pension Plan for employees hired in 2003 or before from 16.15% to a reduced rate of 12.5%, to take effect January 1, 2005. Scott seconded. Approved unanimously. The Board agreed that Board incentives would be discussed at the next meeting. Julie requested that Dennis formulate goals from the information given by the Board and present them on Tuesday, November 23; 2004, next Board Meeting. Dennis agreed to put that together by the next Board Meeting. 4 Peter asked Jody if Dobson Arena would be able to make budget next year. Dennis stated it would be a possibility if the smoke mitigation issue concludes and we are able to book more Special Events next year as compared to this current year. Jody stated that special events were an essential revenue source for the Ice Arena. Peter stated that he wanted to make sure that Dobson was accommodating the "skater" first before the "concert- promoter". He went onto state that he would like to maintain Dobson as a skating, hockey and figure skating arena not a special events facility. Julie stated that special events are an excellent revenue source for the Arena and primarily Dobson does book special events and concerts during Junior Hockey and Figure Skating down time. Julie stated that the concession contract would expire in December 2004 and would like to see Dobson market the existing concession contract to see if there are any interested vendors who would like to operate concessions and to reevaluate the existing contract. Julie also inquired if the office space on the second floor at Dobson had been rented out. Dennis stated that a couple people have walked through, but no possible interest. PRESENTATION OF 2005 FEES Jody began by stating the departments that would be effected by a slight fee increase. The departments included Sports; all running race entry fees would be increased slightly along with Tennis and Golf fees. Jody went onto state that the District would be cutting $20,000 in Golf Maintenance as well. Brent stated to the Board that he was comfortable with the golf Budget and has confidence in meeting it next year. Brent stated that it was a very good 1 S` year despite the decline in revenue, he looks forward to coming back with new ideas next year from what he learned this year. Brent reassured the Board that the mild increase in golf fees would not turn golfers away next year; it will only help the District. Julie asked about Patty's (Seasons at the Green restaurant) plans for the future. Dennis stated that she had a possible opportunity for starting a business in Eagle. Julie suggested that we market the restaurant lease to all possible restaurant owners and lessees in the Valley. 5 Jody went onto state that tennis fees would be increased slightly and that she had put $60,000 into the budget for repair on both the east and west sections of tennis courts. Jody stated that these courts are in dire need of repair and that the Board needed to make a decision on if they wanted this to be added to the budget this year or for the future. The Board agreed to split the repair between 2005 and 2006. West end repair would be in 2005 and East end repair would take place in 2006. $30,000 would be added to capital expenditures in the 2005 budget. Julie inquired if any research had been done for the outdoor sheet of ice this season. Dennis presented the lake at Bighorn Park as an alternative option to the location of the Golf Course. Dennis stated that the District could incur large costs with turf replacement if the outdoor sheet of ice existed on the golf course driving range. We cannot afford to create another sheet of ice and turf replacement in this 2004/2005 Season. Dennis stated that he would investigate more into the subject and report back to the Board next meeting. UPCOMING MEETING SCHEDULE Capital Improvements - Meeting Regular Board Meeting - Regular Board Meeting - EXECUTIVE DIRECTOR INPUT Town Council Thursday, November 18, 2004 Town Council Chambers Tuesday, November 23, 2004 5:00 PM -Town Council Chambers Tuesday, December 14, 2004 5:00 PM -Town Council Chambers Dennis stated that they would be discussing a name for the new Gymnastics Center with the Town Council at the Capital Improvements Meeting Thursday, November 18, 2004. BOARD MEMBER INPUT Peter stated that his meeting with Brent and Dennis was very successful and that Brent was on board with everything for next year at the golf course. Peter looks forward to working with Brent next year and he has a lot of new ideas for the 2005 Golf Season. 6 Michelle commended staff with all the good ideas shared and good discussions. made in improving programs and cutting costs as needed. She sees good things happening such as the Dobson Debt Relief and the new Gymnastics Facility and wants to continue to see staff and the Board working together in maintaining positive programming for the Vail Community. Scott stated that he has the same goals for Dennis, staff and the District with or without questions SA and SB passing. ADJOURNMENT Peter motioned to adjourn at 7:30 p.m. and Michelle seconded. Approved unanimously. Peter W. Cook, Secretary a/04 BOD/11-9-04 minutes.doc Amy Ludke, Assistant Finance Manager 7 To: Dennis Stein, Executive Director VRD Board of Directors From: Jim Myers, Golf Course Superintendent Date: November 18, 2004 Sublecte D~td®®a- ice Dpti®n~ ~ • o Ice on Driving Range Need to put up some boards to hold edge on ice, cost= $2,000-$2,500 ~.~ O May have to re-sod cost=$500 - $2500 ~~~ ~~ Would not be manned by employee ~~'~~ No lighting system ~ Rink would be open from mid Dec. -mid Feb. Golf maintenance would clear snow once a day o Ice at Bighorn Park Not much cost Would have to trailer equipment to park everyday. It would take quite some time to blow our way down to the pond, because the pond is 100 yards from the road, and is an uneven surface. Cannot block off inlet flow to pond and will most likely cause thin ice and unsafe skating. Good parking. No lights. Golf maintenance will clear snow once a day. Would not be manned by employee o Ice at #9 tee Pond Near golf course, parents could ski, while kids skate. Able to block flow completely, which will allow thicker ice. Easy to get equipment to and from shop. Can have town of Vail plow for parking by road. No lights. _ Golf maintenance would clear once a day. Would not be manned by employee. Best scenario out of 3. Golf maintenance recommends #9 pond due to convenience and safety. Re: Nordic Fees The user groups I have talked to understand the need for charging a fee for tract use. However, they all feel that any fees collected must result in upgraded tract maintenance and improved conditions. It does not appear practical that we would be able to upgrade our efforts this season, as it would require additional man-hours and new equipment. I would recommend that for this year we install volunteer donation boxes similar to ones used by the Forest Service at campgrounds. One would be located in the Nordic retail shop with one other at the major trail entrance at the parking lot. Signs asking people to stop by the shop could be placed at various entrances to the tract. Kathryn is willing to assist in the collection of fees. It is late in the season to implement a mandatory fee system. By asking for voluntary donations we will be easing into a required fee at a later date. This approach gives us time to work on details and collect user feedback. There is potential of working with other partners such as Vail Resorts. Their Nordic program already pays us $4000 for the right to give x country lessons at our facility. They do not feel that asking their customers for additional fees at this time would be appropriate. It may be possible that in the future Vail Resorts would offer a season pass that would include usage of our facility. This becomes more likely if plans go forward to convert McCoy Park at Beaver Creek to a downhill area rather than its current use for x country and snowshoeing: I will continue to collect data and details from other Nordic ski areas. Tom 11C, ('6G.U.~ ~~,: n~.~. ~. Connie Knight, President 385 Gore Creek Drive, Suite 201 0 Vail, CO 81657 Telephone & FAX: (970) 476-3615 A e-mail: cknight@vail.net November 15, 2004 Mayor Rod Slifer and Town council Members The Town of Mail 75 S Frontage Rd Mail, ~®1657 Dear hod and council Members: Regarding the proposed Manor Nail redevelopment, I know you will be making a vast number of decisions, many of them difficult. ®ne of them, as I understand it, will be approval or disapproval of their staging area on town tennis courts alongside the creek. ®n behalf of my fellow tennis players and the children who take tennis lessons there, we adamantly are opposed to this. This is town property paid for with taxpayers' monies; as such it should not be used for private enterprise. After all, if any of us private citizens wanted to remodel our property, we surely would not be allowed to use the town or Manor Mail's property for our staging area. Thank you for your consideration, onnie I~iight } ~- ~. v ~~ ~ ~ ~ ~ . ~~ X~~ (;6 ~~E !l~IL ®~ID.V 970.949.0555/vaildaily.com Thursday, November 25, 2004 -Page ~3 ~~v~~d-~.~~ Lake Powell spooks rail Valley Falling water levels in Utah reservoir could hurt county ley ~aa>t¢ ~ro->,®~~s®~t DAILY STAFF WRITER EAGLE COUNTY -Why should you care how full south- eastern Utah's Lake Powell is now? Because it's possible that reservoir could determine how much water •you can use here in Eagle County in the coming •years. Seven years of drought have left the 24.3-million-acre-foot Lake Powell nearly two-thirds empty, or if you're an optimist, 37.6 percent full. What an empty lake there could do here has local water officials scurrying to find some answers. Fortunately, what they dis- covered about the water rights used here have calmed most of those rippling worries. Water for the immediate future is assured, they said. It's the longer-term prospects that are a little less certain. ~®BBe~ ~a~e~ Attorney Glenn Porzak and water engineer _ Tom Williamson _ .. assembled anaudit of thew.water rights owned by the uppe'"'valley water districts that suppl~' water to 22,000 people from Wolcott to East Vail. "We have a solid portfolio of ~~~~ ~~~~ An acre-foot is enough water to cover a football field a foot deep and is about the amount of water used in a year by a family of four. wood Canyon. The second is the Colorado River Compact, a seven-state water-sharing agreement between Colorado, Wyoming, Utah, Ari- zona, New Mexico, Nevada and California. It was forged in 1922 and enacted in 1929 and divides up the water flowing in the river between upstream and down_ stream states. Colorado ,. _and the other= upstream states, where most of: the water%n.the river originates, is responsible for delivering 51.75 percent of the compact amount, or 8.23 million acre-feet, to the downstream states each year. If that amount is not delivered and there is a "call" for the water, the first thing 'that will. happen, according to Porzak, is "horren- dous litigation" between the states in the compact. He guesses Eagle County would be in the middle of a huge water war if Powell drains, waged between Colorado's Front Range and California, Nevada and Ari- zona downstream. "We'll be between two big boys who will be warring," he said. ®t~~ ®~~ $B~~~l ail 1 ~V 0 ~. ~ sl~~ DAILY STAFF WRITER EAGLECOUNTY -.IfLake Powell drains, local water dis- tricts have an ace or two up their sleeve. They have a handful of reservoirS_. at the headwaters of area streams that they can use. to buffer the effects of drought. Eagle ;Park Reservoir, east of Camp Hale, holds 330 acre-feet of water that could be released into the river if needed. An additional 250 acre-feet are stored in Homestake Reservoir south of Red Cliff, while 934 acre-feet are stored in Summit County's Green Mountain Reservoir and 300 acre-feet are stored in Black Lakes atop Vail Pass. GreenMountain, Wolford Mountain and Black Lakes are filled by water.rights that are junior to the interstate Colorado Compact that could not be used to fill the reservoirs in a dry year. But the water districts here also have another trump card that they discovered during the drought of 2002. There's a significant aquifer beneath the Eagle River, estimated to contain 14,000 acre-feet in Edwards and 12,000 in the Vail area. It's an underground reservoir of sorts that could be used to tide the area over in extra dry years, said Dennis Gelvin, general manager of the Eagle River Water and Sanitation District. That water could be pumped uphill into Gore Creek via exist- ing pipelines that are used for both snowmaking and municipal water and used to provide water the rest of the eastern half of the county, water attorney Glenn Porzak said. water rights," Porzak said. "They have a lot of surplus water for current demand." That's significant because in Colorado, the right to use water is determined by when water was first used and legally claimed, Porzak said. It's known as the doctrine of prior appropriation. In as few as six years, Lake Powell could be empty if the cur- rent drought continues, water experts predict. An audit of the water rights in the eastern half of the county shows that most of the 1,756 acre- feetused here each year are senior to the 1929 effective date of the Colorado Compact. But a portion, 91 acre-feet, is junior. That means water users depending on those rights would not be able to draw water from rivers if the senior rights, like the downstream users, aren't getting the water they're entitled to. _ There areactually two major senior water rights that affect water users here, Porzak said. The oldest is the 1907 Shoshone water right that's used to generate elec- tric power from a generating plant on the Colorado River in Glen- During the current drought, there has been far less water flow- ing into Lake Powell than out. If the drought continues and Lake Powell drains, that could mean water use in Colorado could be curtailed to meet the obligation s: ~ . ~ ~V~IL1L~e~IE ~T~I~T I~~,A7L~ ~ ®~ ._ _ _ -- created by the interstate compact. It's a real possibility, water experts say. They project six years of average or below average pre- cipitation in Colorado and other upper basin states could result in an empty lake. But the compact may have been based on faulty water vol- ume data, said Scott Balcolnb, a water attorney in Glenwood See Poh•ell, pnge A4 (-'v ~ (^ / ~. 1 F `^ Creative Amercan'Cuisine . -" _ ~' ~~~~~~~~~ l~~~~ ~9»o~a~e~el~ (~ua~d~~ ~) ~tgrrlcey d'all9ner : $'~3 2001 Guerrieri Rizzardi `Soave Classico, Italy 25 2002 Domaine;Merhri',Cherrier Sancerre, France 38~ 2002 Georges. Duboeuf Moulin-a-Vent, Beaujolais 26- 2001 Cambria; Julia`s;Pinot Noir, Santa Maria38- ChIOI~E OF: Roasted~,Buttemut.Squash Soup Mixed` Greens Classic~Caesar _., CHOICE O~c Colorado Free Range Turkey Pan Seared North Atlantic Salmon Braised Colorado:".Lamb Shank dLl. EIdY13EEl5'A000MF9AIVIE® WVITIFI: `; Springs and C:olorado's rep- < resentative to the Colorado River Compact. - Balcomb told board `_:, members of the Eagle River r. Water and. Sanitation Dis- ~: trict earlier this .year- the ' ~. river-volume estimates m ~'-' the compact fitayhave been based on a period of unusu- ally wet weather that boost- ed the flow of the river. The river may actually average 13 million acre-feet per year, not the 15 million acre-feet the compact recog- nizes, he .said. That histori- cal data is taken from analy- ,. sis of tree.rings. Regazdless, the effects here from a Lake Powell water call would not be as bad as in other azeas, like Colorado's Front Range, Porzak said. "We're in a heck of a lot better position than anyone ` else," he said. "That's!going to shut down Denver, the Northern (Water Conser- vancy) and Colorado Springs and Aurora." What we have A total of 921.51 acre- feet of the 1,756.7 acre- feet of water rights here are junior, or subordinate, to the Shoshone call and a total of 91 acre-feet are '> subordinate to the Col- orado Compact. That means if there is a call on the water, that water ®1`\ 1 ~~ W~~ www.summittech.com/Lak ePowell/LP WaterDB.php .•, could not be used here`" But one senior and as yet unallo- Gated local water right, the Brett Ditch in Edwards, has 93 acre-feet that could fill that void, Porzak said. A compact call could have potentially devastating effects on the transmountain diversions. of the Colorado and other rivers the Frorit Range depends on for its water. Many of those are junior to the compact, Ponak said. A total of 350,000 acre= feet aze currently diverted to the Front-Range. But there's a potential upside to that, .scenario for ,: local water users, Porzak said. It works like this: If the Front Range water diver- sion at the headwaters of the Colorado River is curtailed by a compact call, it would mean the water would have to flow down the river towards Lake Powell and by so doing, would satisfy the 1,400 cubic-foot per- second Shoshone call, tak- ing the pressure off water diverters in the Eagle River basin. But if a worst-case sce- nario emerges because the water system in the upper valley is integrated - meaning all the water rights are combined -the cut-off of a few of those rights would be a small portion of the total water here, he said. Staff Writer Cliff soya can be reached 0555, ext. 450, or son @ vaildaily.com. The "bathtub ring," left by receding wat~ visible at Lake Powell as a boater heads tc the Glen Canyon Dam. Dropping water lei the lake could cause problems as far away and the Front Range.