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HomeMy WebLinkAbout2005-12-06 Support Documentation Town Council Evening SessionTOWN COUNCIL EVENING SESSION AGENDA 6 P.M. TUESDAY, DECEMBER 6, 2005 VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. • Vail, CO 81657 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1 • ITEM/TOPIC: Recognition of Diana Donovan for her years of service as a Vail Council Member. (5 min.) 2• ITEMl1'OPIC: Citizen Input (10 min.) 3• ITEM/TOPIC: Approval of 11.01.05 and 12.015.05 Evening Session Minutes. (5 min.) 4. Suzanne Silverthorn ITEM/TOPIC: Consideration of Brochure Rack Fee for Visitor Information Centers by Vendors Who Do Not Otherwise Hold a Valid Town of Vail Business License. (15 min.) ACTION REQUESTED OF COUNCIL: Review the brochure rack fee proposal •and give direction to staff regarding implementation, modification or dismissal. BACKGROUND RATIONALE: In October 2005, the Town Council directed staff to pursue a brochure rack fee to be used in the Visitor Information Centers to promote activities by vendors who do not otherwise hold a valid Town of Vail business license. The direction was given after the Council identified a larger need to provide equity for vendors doing business in the Town of Vail. This is because the Town of Vail business license requirement excludes businesses located outside the town from obtaining a Vail business license. To rectify this circumstance, Town Attorney Matt Mire has suggested preparing a question for the November 2006 ballot to require business licenses for all vendors who conduct business within the Town of Vail. While noting the equity issue is much larger than the business conducted through the Visitor Information Centers, Council has asked to pursue a vendor brochure rack fee to provide equity for vendors represented within the Visitor Information Centers as an interim measure. There are currently 33 vendors doing business in the Usitor Information Centers who do not have a Vail business license. The Town of Vail has the authority to implement a rack fee as an administrative action, so long as the revenues from the rack fees are used to assist in operation of the Centers. While a vendor brochure fee would, indeed, provide equity. to those businesses that use the Visitor Information Centers, there is the possibility that a fee would discourage vendors from supplying their materials to the centers. This could possibly limit the variety of activities and amenities promoted by the Visitor Information Centers. In providing direction to the staff, the Town Council is asked to consider the importance of providing equity to Vail's businesses while balancing an equally important role to promote a variety of activities and amenities to Vail's guests. 5. Elizabeth Eckel ITEM/TOPIC: A request to proceed through the development review process with a proposal to reconfigure private improvements on Town of Vail property. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny the applicant's request to proceed through the development review process. BACKGROUND RATIONALE: Sweet Basil Restaurant is in the process of undergoing design review of an application to reconfigure the existing outdoor patio at the southeast elevation of the Gore Creek Plaza Building. The area proposed for reconfiguration consists of approximately eighty four (84) square feet and is located upon the Town's right-of-way at Gore. Creek Drive. Since Sweet Basil/Gore Creek Plaza Building is proposing to alter improvements upon Town of Vail property, the Town Council, as the property owner, must grant the applicant permission to proceed through the development review processes. Should the Town Council grant permission to proceed, the applicant will submit the appropriate development review applications for Planning and Environmental Commission and Design Review Board review and consideration. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council give Sweet BasiVGore Creek Plaza Building and their representative further direction on this matter to proceed through the design review process. 6. Lorelei Donaldson ITEM/TOPIC: Election Commission Appointments for the Town " of Vail. (5 min.) ACTION REQUESTED OF COUNCIL: Appoint two electors of the Town of Vail to the election commission of the Town of Vail, for a period of two years (November, 2005 to November, 2007). BACKGROUND RATIONALE: The election commission consists of the town clerk and two qualified and registered electors of the. town, who during their term of office shall not be town officers or employees or candidates or nominees for elective town office. These two members shall be appointed by the council in the first December following a regular town election, for a term of two (2) years and shall serve without compensation. The town clerk shall be chairman. The election commission shall have charge of all activities and duties required of it by statute and this Charter relating to the conduct of elections in the town. In any case where election procedure is in doubt, the election commission shall prescribe the procedure to be followed. The commission shall provide procedures to establish proof of residency qualification where residency is in question. Upon a showing for good cause, the election commission may require proof of residency by any person registered to vote or attempting to register to vote in the Town of Vail. Said person shall not be qualified to vote in any municipal election until the election commission is satisfied that he has presented sufficient proof of residency as required by law or ordinance adopted pursuant to this Charter. The election commission shall pro~~ide for ballots and sample ballots or voting machines, for determination of the winner in the event of a tie vote, for canvass of returns and for the issuance of appropriate certificates. RECOMMENDATION: The Town Clerk is requesting the Town Council to appoint Vi Brown and Summer Holm to the Election Commission of the Town of Vail, to serve from November 2005 to November,. 2007. 7. Pam Brandmeyer ITEM/TOPIC: Council Committee Appointments. (30 min.) a. Northwest Colorado Council of Governments Board: ACTION REQUESTED OF COUNCIL: Dick Cleveland has served as the Board Member on NWCCOG. In the past, Stan Zemler has been the alternate. After discussion of this item, a motion should be made as follows: "I move be appointed as the representative of the Vail Town Council on the Northwest Colorado Council of Governments Board of Directors." The motion should be seconded and voted by the Council. The appointment of the Alternate, if needed, will be similar. VOTING MEMBER. COUNCIL DISCRETION. b. Water Quality/Quantity Committee/NWCCOG Member. ACTION REQUESTED OF COUNCIL: Chuck Ogilby has served as the Council's representative on this committee. Although in the past there has been an alternate for this position, for the past four years there has not. After discussion of this item, a motion should be made as follows: "I move be appointed as the representative of the Vail Town Council on the Appointment Committee to Quality/Quantity Committee/ NWCCOG." The motion should be seconded and voted by the Council. The appointment of the Apprentice, if needed, will be similar. VOTING MEMBER. COUNCIL DISCRETION. c. Vail Valley Chamber & Tourism Bureau (VVCTB). Council discontinued- their appointment to this board approximately year ago. d. Colorado Association of Ski Towns (CAST) Member and Alternate. ACTION REQUESTED OF COUNCIL: Rod Slifer and Stan Zemler have served on CAST. After discussion of this item, a motion should be made as follows: "I move be appointed as the representative of the Vail Town Council for the Colorado Association of Ski Towns." The motion should be seconded and voted by the Council. Meetings are held every other month around the state. There is no set date or time limit. The Mayor should serve on this, along with the Town Manager. VOTING MEMBER. e. Vail Recreation District/Town Council Subcommittee Pam Brandmeyer has been attending the regular VRD meetings and acting as a liaison. ~ f. Commission on Special Events (CSE). ACTION REQUESTED OF COUNCIL: Pam Brandmeyer has served as liaison to this committee. g. Bravo! Vail Valley Music Festival. ACTION REQUESTED OF COUNCIL: Farrow Hitt has served as Town Council representative on this board. After discussion of this a motion should be made as follows: "I: move be appointed to represent the Vail Town on the Bravo! Colorado Board." The motion should be seconded and voted on by the Council. This board meets quarterly for two to three hours and a Council member is required. VOTING MEMBER. COUNCIL DISCRETION. h. Town of Vail Housing Authority. ACTION REQUESTED OF COUNCIL: Kim Ruotolo is currently serving until 2008. Meetings generally are held once a quarter within a one hour time frame. There is the potential for more time when there are special projects. VOTING MEMBER PER STATE LEGISLATION. Channel 5 Vail Valley Community Television Board. ACTION REQUESTED OF COUNCIL: Pam Brandmeyer has served as the Council's representative on this board. After discussion of this item, a motion should be made as follows: "I move . be appointed as the representative of the Vail Town Council on the Channel 5 Vail Valley Community Television Board." The motion should be seconded and voted by the Council. VOTING MEMBER. COUNCIL DISCRETION. Meetings are held the first Tuesday of every month at 8:00 a.m. j. Art in Public Places (AIPP) ACTION REQUESTED OF COUNCIL: Diana Donovan has served as Council's representative on this committee. After discussion of this item, a motion should be made as follows: "I move be appointed as the representative of the Vail Town Council on the Art in Public Places board." The motion should be seconded and voted by the Council. ADVISORY MEMBER. NON-VOTING. Meetings are held the second and fourth Thursday of each month with meetings generally from 8:30 a.m. ~to 10:00 a.m. k. Mauri Nottingham Environmental Award. Diana Donovan has served as Council's representatives on this committee. After discussion of this item, a motion should be made as follows: "I move be appointed as the representative of the Vail Town Council on the Mauri Nottingham Environmental Award Committee." The motion should be seconded and voted by the Council. Meetings are held annually. VOTING MEMBER. COUNCIL DISCRETION. Vail Valley Exchange/Sister Cities. ACTION REQUESTED OF COUNCIL: Kim Ruotolo has served as Town Council representatives on this committee. After discussion of this item, a motion should be made as follows: "I move be appointed as the representative of the Vail Town Council on the Vail Valley Exchange Committee." The motion should be seconded and voted by the Council. Meetings are held randomly throughout the year. A Council member is requested. VOTING MEMBER. COUNCIL DISCRETION. m. Eagle County Regional Transportation Authority. ACTION REQUESTED OF COUNCIL: .Dick Cleveland has served as Town Council representative on this authority and Mike Rose serves as alternate. After discussion of this item, a motion should be made as follows: "I move be appointed as the representative of the Vail Town Council on the Regional Transportation Authority." The motion should be seconded and voted by the Council. The appointment of the Alternate will be similar. VOTING MEMBER REQUIRED BY STATE LEGISLATION. n. Ford Park Management Plan. ACTION REQUESTED OF COUNCIL: Diana Donovan has served as the Council's representatives on this committee. After discussion of this item, a motion should be made as follows: "I move be appointed as the representative of the Vail Town Council on the Ford Park Management Plan Committee." The motion should be seconded and voted by the Council. Through the approved Ford Park Management Plan, quarterly meetings have been set. A Council member's presence would be welcome, but is not required. Pam Brandmeyer serves as staff representative. ADVISORY MEMBER. COUNCIL DISCRETION. It may not be necessary to have a Council designee at this time. o. Open Space/Charter Committee. ACTION REQUESTED OF COUNCIL: Dick Cleveland has seared as the Council's representative on this committee. After discussion of this item, a motion should be made as follows: "I move be appointed as the representative of the Vail Town Council on the Open Space Committee." The motion should be seconded and voted by the Council. VOTING MEMBER REQUIRED BY TOV CHARTER. p. Colorado Ski Museum and Ski Hall of Fame. Dwight Henninger has volunteered to serve if Council so chooses. After discussion of this item, a motion should be made as follows: "I move be appointed as the representative of the Vail Town Council on the Colorado Ski Museum and Ski Hall of Fame." The motion should be seconded and voted by the Council. ADVISORY MEMBER. COUNCIL DISCRETION. q. Vail Youth RecognitioNAmbassador Award. Kim Ruotolo serves as Council's representative on this committee. After discussion of this item, a motion should be made as follows: "I move be appointed as the representative of the Vail Town Council on the Vail Youth Recognition Award committee." The motion should be seconded and voted by the Council. This committee gets together once a year to determine the award recipients. VOTING MEMBER. COUNCIL DISCRETION. Vail Alpine Garden Foundation Board (VAGF). Diana Donovan has served as Town Council representative, with Pam Brandmeyer as an advisory member. The board meets on the third Friday of every other month. After discussion of .this item, a motion should be made as follows: "I move be appointed as the representative of the Vail Town Council on the Vail Alpine Garden Foundation Board." The motion should be seconded and voted by the Council. ADVISORY MEMBER. COUNCIL DISCRETION. s. I-70 PETS (Programmatic Environmental Impact Study) / 1-70 Coalition /Transportation. Stan Zemler (Executive Committee) and Greg Hall (Technical Committee) currently attend these meetings. At such time that an elected official's attendance would be helpful, staff will return to Council for an appointment. Greg Moffet has been serving on the I-70 Transportation Corridor Coalition. The group meets up to once a month. t. Vail Local Marketing District Advisory Committee (VLMDAC). Greg Moffet serves on this board. One member should be appointed, and this member should be different from the Commission on Special Events (CSE). After discussion of this item, a motion should be made as follows: "I move be appointed as the representative of the Vail Town Council on the Vail Local Marketing District Advisory Board." The motion should be seconded and voted by the Council. VOTING MEMBER REQUIRED BY State Special District Legislation. u. Vail Chamber and Business Association (VCBA). Kim Ruotolo serves on this board in an advisory capacity. The board meets the second Tuesday of each month. After discussion of this item, a motion should be made as follows: "I move be appointed as the representative of the Vail Town Council on the Vail Chamber and Business Association Board." The motion should be seconded and voted by the Council. ADVISORY MEMBER. COUNCIL DISCRETION. v. Parking Task Force. Dick Cleveland and Farrow Hitt have served on this board. The meetings are held as needed, approximately six to , , eight meetings per year. After discussion of this item, a motion should be made as follows: "I move be appointed as the representative of the Vail Town Council on the Parking Task Force." The motion should be seconded and voted by the Council. VOTING. COUNCIL DISCRETION. w. Eagle County Capital Projects Advisory Board. Rod Slifer currently serves on this board, although Dick Cleveland as Mayor Pro-Tem represented the town the last two years. Meetings are held approximately twice/year. After discussion of this item, a motion should be made as follows: "I move be appointed as the representative of the Vail Town Council on the Eagle County Capital Projects Advisory Board." The motion should be seconded and voted by the Council. ADVISORY. COUNCIL DISCRETION. x. Vail Child Care Center. John "JP" Power has served as the Council's representative on this committee, with Kim Ruotolo serving in an advisory capacity. After discussion of this item, a motion should be made as follows: "I move that Kim Ruotolo be appointed as the representative of the Vail Town Council on the Eagle Valley Child Care Association representing the Vail Child Care Center." The motion should be seconded and voted by the Council. VOTING MEMBER REQUIRED BY NON-PROFIT STATUS. y. Rural Resorts Region. Dick Cleveland served as Council's representative on this committee. z. Donovan Park Pavilion Committee. Diana Donovan, Chair, previously served as Council's representative. The committee meets as issues arise at the pavilion, so it would be helpful to have a fourth member from Council appointed to this subcommittee. Donovan has expressed interest in remaining as your representative. aa. Streetscape Design Committee. Diana Donovan, Kent Logan, Dick Cleveland and Rod Slifer were Council representatives on this committee. bb. Timber Ridge affordable housing Corporation (TRAHC) Timber Ridge Affordable Housing Corporation (TRAHC) in a Colorado non-profit corporation incorporated on July 9, 2003. TRAHC is governed by a Board of Directors, originally comprised of all members of the Town Council. On March 1, 2005, the Board amended TRAHC's by-laws to name a new Board comprised of the following staff: Town Manager (President); Director of Finance; Director of Community Development; Director of Public Works; and Facilities Manager. The TRAHC Board is responsible for managing the process to redevelop the property known as Timber Ridge Village Apartments and to direct the operation of the property until such time as redevelopment begins. cc. West Vail Planning Committee This effort is working on three alternative site plans, design guidelines, developmental parameters and other policy recommendations. These will be presented to Council on December 6th w/a request to present to the community in a variety of different public meetings over the holidays. Following this public input, the town would seek final direction on the plan and pursue formal adoption of the plan in February '06. Kim Ruotolo and Kent Logan have served on this committee. dd. Visitor Center Sub-Committee Although a new contract began w/the operator October 1; the subcommittee will remain a standing committee to conduct a six month performance review in March 2006 and to deal w/any issues as they arise. Kim Ruotolo, Farrow Hitt, Stan Zemler, Suzanne Silverthorn, and Krista Miller have served on this committee. ee. Timber Ridge Redevelopment Subcommittee Timber Ridge Committee: This committee will include two Council Members, two Housing Authority Members, and the TRAHC Board. To date the have issued an RFP for developers and have. selected Corum as the Developer for the site. The next step includes working on a preliminary development agreement with the developer and developing a master plan for the site that could lead to recommendations on zoning for the property. ff. West LionsHead Village Sub-committee West LionsHead Subcommittee included Farrow Hitt and Dick Cleveland. This committee will provide oversight on the West LionsHead planning process. 8. Matt Mire ITEM/TOPIC: IGA with Eagle County to provide animal control services. (5 min.) ACTION REQUESTED OF COUNCIL: Approve the attached IGA and authorize the Town Manager to execute the Agreement on behalf of the Town. BACKGROUND RATIONALE: This is the annual renewal of the agreement with the County to provide animal control services to the Town. It has not changed since 2005. STAFF RECOMMENDATION:. Approve the IGA and authorize the Town. Manager to execute it. 9. Warren Campbell ITEM/TOPIC: An appeaF of the Town of Vaif Design Review Board's denial of a design. review application pursuant to Section 12-11, Design Review, Vail Town Code, to allow for a change to approved plans regarding architectural alterations (existing skylights) to an existing residence, located at 1220 Ptarmigan Road/Lot 2, Block 8, Vail Village Filing 7, and setting forth details in regard thereto. (20 min.) ACTION REQUESTED OF COUNCIL: Uphold, overturn, or modify the Design Review Board's denial of a design review application pursuant to Section 12-11, Design Review, Vail Town Code. BACKGROUND RATIONALE: On November 2, 2005, the Design Review Board denied a request for a change to approved plans pursuant to Section 12-11, Design Review, Vail Town Code, to allow for a change to approved plans regarding architectural alterations (existing skylights) to an existing residence, located at 1220 Ptarmigan Road. The appellants, Donald and Ronne Hess, owners of 1220 Ptarmigan Road, have appealed the Design Review Board's denial. Please refer to the staff memorandum dated December 6, 2005, for additional information. STAFF RECOMMENDATION: Staff recommends that the Town Council upholds the Design Review Board's denial pursuant to Section 12-11, Design Review, Vail Town Code, to allow for architectural alterations to an existing residence, located at 1220 Ptarmigan Road/Lot 2, Block 8, Vail Village Filing 7, subject to the findings in the staff memorandum dated December 6, 2005. 10. Warren Campbell ITEM/TOPIC: First Reading of Ordinance No. 25, Series of 2005, an ordinance repealing and reenacting Ordinance 9, Series of 1998 amending Special Development District No. 22, Grand Traverse, and setting forth details in regard thereto. (30 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 25, Series of 2005. BACKGROUND RATIONALE: On September 26, 2005, the Town of Vail Planning and Environmental Commission held a public hearing on a request to amend Special Development District No. 22, Grand Traverse. The purpose of the amendment to the Special Development District is to eliminate the Gross residential Floor Area limitations within the Grand Traverse residential development. Upon review of the request, the Planning and Environmental Commission voted 4-0-0 to forward a recommendation of approval of the request to amend Special Development District No. 22, Grand traverse, to the Vail Town Council. Please refer to the staff memorandum to the Vail Town Council dated December 6, 2005, for further details (attached). On November 15, 2005, the Town Council tabled the first reading of Ordinance 25, Series of 2005, to December 6, 2005. 11. Matt Mire ITEM/TOPIC: First reading of Ordinance 27, Series of 2005 an ordinance repealing Ordinance No. 32, series of 2002 and rescinding a public accommodation tax; providing amendments to the Town's sales tax code; and setting forth details in regard thereto, (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with amendment the first reading of Ordinance 27, Series of 2005 BACKGROUND RATIONALE: At the Town of Vail regular municipal election held on November 8, 2005, the voters did not approve Question 1, resulting in termination, effective January 1, 2006, of collection of the sales and lodging tax increases implemented pursuant to 2002 Question 2D. A future action of the Council will be required to determine a refund methodology of the remaining funds or a question may be submitted to the voters on how such revenues shall be used. STAFF RECOMMENDATION: Approve Ordinance 27, Series of 2005 on first reading. 12. Judy Camp ITEMlTOPIC: Ordinance No. 28, Series of 2005. AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, CONFERENCE CENTER FUND, HEALTH INSURANCE FUND, AND DISPATCH SERVICES FUND OF THE 2005 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE EXPENDITURES OF SAID APPROPRIATIONS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. (10 MIN.) ACTION REQUESTED OF COUNCIL: Approve or approve with amendments the first reading of Ordinance No. 28, Series of 2005. BACKGROUND RATIONALE: To be provided in separate memo STAFF RECOMMENDATION: Staff recommends that the Town Council approves Ordinance No. 28, Series 2005, upon first reading this evening. 13. George Ruther ITEM/TOPIC: First reading of Ordinance No. 30, Series of 2005, an ordinance repealing Ordinance No. 1, Series of 1990, Special Development District No. 14, Doubletree Hotel (aka Evergreen Lodge) and amending the official zoning map for the Town of Vail in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map; Rezoning Lot 2, Block ~1, Vail LionsHead 2"d Filing, from High- Density Multiple Family (HDMF) district to LionsHead Mixed Use - 1 (LMU-1) district, and setting forth details in regard thereto. (30 min.)- ACTION REQUESTED OF COUNCIL: Approve, Approve with modifications, or Deny Ordinance No. 30, Series of 2005 on first reading. BACKGROUND RATIONALE: On September 6, 2005, the Vail Town Council approved Resolution No. 15, Series of 2005, a resolution amending certain sections of the LionsHead Redevelopment Master Plan expanding the boundaries of the master plan to include the Evergreen Lodge development site and adding detailed plan recommendations for future development on the Evergreen Lodge development site, as prescribed in Chapter 5 of the LionsHead Redevelopment Master Plan, and setting forth details in regard thereto. However, in approving Resolution No. 15, the Town Council placed a condition upon the approval stating that the resolution shall only become effective upon the approval of an amending ordinance rezoning the Evergreen Lodge development site to.LionsHead Mixed Use-1 (LMU-1) district. On November 14, 2005, the Town of Vail Planning and Environmental Commission held a public hearing on the request to rezone the Evergreen Lodge development. Upon consideration of the request, the Commission unanimously approved a motion recommending approval of the rezoning request to the Vail Town Council. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 30, Series of 2005, on first reading. 14. Judy Camp ITEM/TOPIC: First Reading of Ordinance No. 31, Series 2005. ANNUAL APPROPRIATION ORDINANCE: ADOPTING A BUDGET AND FINANCIAL PLAN AND MAKING APPROPRIATIONS TO PAY THE COSTS, EXPENSES, AND LIABILITIES OF THE TOWN OF VAIL, COLORADO, CONFERENCE CENTER FUND FOR THE FISCAL YEAR JANUARY 1, 2006 THROUGH DECEMBER 31, 2006. (15 min.) ACTION REQUESTED OF COUNCIL: Approve on first reading the 2006 Conference Center Budget Ordinance No. 31, Series 2005. BACKGROUND RATIONALE: To be provided in separate memo STAFF RECOMMENDATION: Approve on first reading the 2006 Conference Center Budget Ordinance No. 31, Series 2005. 15. Gina Bentz ITEM/TOPIC: Second Reading of Mill Levy Certification, Ordinance No. 26, Series 2005. (10 min.) ACTION REQUESTED OF COUNCIL: Approve Ordinance No. 26, Series 2005, on first reading. BACKGROUND RATIONALE: Mill Levy Assessments must be certified to the County for collection annually; this ordinance authorizes certification. Please note that these numbers are only an estimate. We are waiting for current information from Eagle County for accurate numbers. STAFF RECOMMENDATION: Approve Ordinance No. 26, Series 2005, on first reading. 12. ITEM/TOPIC: Resolution No. 22, Series of 2005. Opposition to proposed mining exploration legislation ,OPPOSITION TOHOUSE BILL 4241.. (10 min.) 16. ITEM/TOPIC: Town Manager's Report. (10 min.) - '05 Fly Vail Summer Funding Results. Included in your packet is the detail supporting the final summary of service provided by the jointly funded '05 Fly Summer Vail airline program (list of partners included). As noted in the summary, there ,was an overall shortfall for both airlines of $211,282. The Town of Vail had pledged up to $10,000 for'05, of which the town's proportionate share of the shortfall will be $3,631.53. This is the first year in the life of the program partners other than Eagle County have needed to contribute actual dollars. In addition to .the $3,600, Council also contributed a $1,000 administrative fee. In '06 through Council contributions, you have agreed to contribute $1,200 as an administrative fee, and additionally, have pledged up to $10,000 to support any shortfall. The Regional Air Council_feels the program was a success. - Visitor Information Centers Update. - Bicycle Event Support. 17. ITEM/TOPIC: Adjournment. (9:45 p.m.) NOTE UPCOMING MEETING ART 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, DECEMBER 20, 2005, 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. 1 TbwNOF YAIL ' Town Clerk MEMORANDUM TO: Town Council FROM: Lorelei Donaldson DATE: November 30, 2005 SUBJECT: Appointment of Two Electors of the Town of Vail to the Election Commission Per the Town of Vail Code/Charter, every two years the Town Council must appoint two electors of the Town of Vail to the Election Commission for a two year term. The election commission consists of the town clerk and two qualified and registered electors of the town, who during their term of office shall not be town officers or employees or candidates or nominees for elective town office. These two members shall be appointed by the council in the first December following a regular town election, for a term of two (2) years and shall serve without compensation. The town clerk shall be chairman. The election commission shall have charge of all activities and duties required of it by statute and this Charter relating to the conduct of elections in the town. In any case where election procedure is in doubt, the election commission shall prescribe the procedure to be followed. The commission shall provide procedures to establish proof of residency qualification where residency is in question. Upon a showing for good cause, the election commission may require proof of residency by any person registered to vote or attempting to register to vote in the Town of Vail. Said person shall not be qualified to vote in any municipal election until the election commission is satisfied that he has presented sufficient proof of residency as required by law or ordinance adopted pursuant to this Charter. The election commission shall provide for ballots and sample ballots or voting machines, for determination of the winner in the event of a tie-vote, for canvass of returns and for the issuance of appropriate certificates. I request that the Town Council appoint Vi Brown and Summer Holm to the Election Commission of the Town of Vail, to serve from November 2005 to November, 2007. 75 South Frontage Road .Vail, Colorado 81657.970-479-2136/ FAX 970-/~79-2320 . www. vailgov. com =« RECYCLED PAPER ORDINANCE NO. 27 SERIES 2005 AN ORDINANCE REPEALING ORDINANCE N0.32, SERIES OF 2002 AND RESCINDING A PUBLIC ACCOMODATION TAX; PROVIDING AMENDMENTS TO THE TOWN'S SALES TAX CODE; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the 'Town"), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado. and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, at the Town of Vail regular municipal election held on November 8, 2005, Question 1 was not approved by the voters; and WHEREAS, as a result of Question 1 being defeated, and in accordance with the express language of Question 1, the Town of Vail no longer has the authority to levy or collect the sales and lodging taxes approved in the 2002 election for the construction and operation of a conference center as follows: • IF THIS QUESTION IS NOT APPROVED BY THE VOTERS, THE AUTHORITY TO ISSUE DEBT PURSUANT TO 2002 QUESTION 2D SHALL TERMINATE IMMEDIATELY AND THE AUTHORITY TO LEVY TAXES PURSUANT TO 2002 QUESTION 2D SHALL TERMINATE EFFECTIVE JANUARY 1, 2006, AND THE TOWN COUNCIL SHALL EITHER REFUND ANY REMAINING REVENUES FROM SUCH TAXES PURSUANT TO SUCH REFUND METHODOLOGY AS THE TOWN COUNCIL DETERMINES OR SUBMIT A QUESTION TO THE VOTERS ON HOW SUCH REVENUES SHALL BE USED; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. Beginning January 1, 2006, Title 4 of the Vail Town Code is hereby amended by the deletion of Chapter 12. Deleted information indicated by ~.eug#; Ordinance No. 27, Series of 2005 j u n ~ ' i ~ ~ ~ ~ r r. e ~ ~ i ~ , ~ i Ordinance No. 27, Series of 2005. A 49 A 111ADACITIAIy Alyn DATC AC TAY ~n~^ vv~ ~ rv~ r n v r~rsrz~r---rte- . e , 0 f r ~ ~ ~ e e • ' d X7_7 CCDADATC Cllwln CVDOUnrrrrr.r-e. Ordinance No. 27, Series of 2005 d_•17_4A \/IAI ATIAI~. DCwIAI TV ... ~. , - - Section 2. Beginning January 1, 2006, Section 4-3-1-2 of the Town Code is amended by the deletion of the following: ~`~~F CCNI!'`C /~CAITCG CAI CC TAY A I a a •~ r 0 sVV~-: ' Ordinance No. 27, Series of 2005 Section 3. Beginning January 1, 2006, Section 4-3-1-5 of the Town Code is amended to read: If any vendor, during any reporting period, collects as a tax an amount in excess of four percent (4%~of such vendor's total taxable sales, then such vendor shall remit to the Finance Director the full net amount of the tax imposed in this Chapter and also such excess amount. The retention by the retailer or vendor of any excess amount of tax collections over the /o} four percent (4%~.of the total taxable sales of such retailer or vendor or the intentional failure to remit punctually to the Finance Director the full amount required to be remitted by the provisions of this Chapter is declared to be a violation of this Chapter and shall be recovered, together with interest, penalties and costs as provided in this Chapter. Section 4. Beginning January 1, 2006, Section 4-3-1-9 of the Town Code is amended to read: The monies received by the Finance Director from the tax imposed and collected pursuant to this Chapter shall be deposited in the General Fund and Capital Projects Fund of the Town. 0 0 Ordinance No. 27, Series of 2005 g Section 5. Beginning January 1, 2006, Section 4-3-3-1(E)(1) of the Town Code is amended to read: 1. Upon all sales of food. 0 a. Section 6. Beginning January 1, 2006, Section 4-3-3-2(A) of the Town Code is amended to read: A. When Due. And Payable: Every retailer, also in this Chapter called "vendor", engaged in business in the Town shall, irrespective of the provisions of Section 4-3-3-3 of this Chapter, be liable and responsible for the payment of an amount equal to four percent (4°/~ of all sales made by such retailer of commodities or services as specified in Section 4-3-3-1 of this Chapter and shall before the twentieth day of each month make a return to the Finance Director for the preceding calendar month and remit an amount equal to said four percent (4%1 on such sales to said Finance Director. For the purposes of this subsection, all such returns and remittance shall be considered made to the Finance Director on or before the twentieth day of each month if they are sent via the United States mail and are postmarked on or before the twentieth day of each month. If the twentieth day of any month falls on a weekend or holiday, said return and remittance may be postmarked the following business day. Such returns of the taxpayer or duly authorized agent shaft be furnished by the Finance Department. The Town shall use the standard municipal sales tax reporting form and any subsequent revisions thereto adopted by the Executive Director of the Department of Revenue by the first month commencing one hundred twenty (120) days after the effective date of the regulation adopting or revising such standard form. Section 7. Beginning January 1, 2006, Section 4-3-3-3(B) of the Town Code is amended.to read: Ordinance No. 27, Series of 2005 6 B. Percentage Of Tax: There is imposed upon all sales of commodities and services specified in Section 4-3-3-1 of this Chapter, a tax at the rate of four percent (4%Lof the amount of the sale, to be computed in accordance with the schedules or system set forth in the rules and regulations prescribed therefor. Said schedules or systems shall be designed so that no such tax is charged on any sale of twenty four cents ($0.24) or less. Section 8. Beginning January 1, 2006, Section 4-3-3-6 is amended by the deletion of the following subsection: Section 9. 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 10. 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 11. 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. Section 12. Ordinance No. 27, Series of 2005 '7 All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. Section 13. 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 publica- tion. Section 14. 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 6~' day _of December, 2005 and a public hearing shall be held on this Ordinance on the 20th of December, 2005, at 6:00 p.m. in the Town Council Chambers of the Vail Municipal Building, Vail, Colorado. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 27, Series of 2005 g J Vail Town Council Evening Meeting Minutes Tuesday, November 1, 2005 6:00 P.M. Vail Town Council Chambers Council Members present: Rod Slifer, Mayor Dick Cleveland, Mayor Pro-Tem Diana Donovan Kim Ruotolo Farrow Hitt Greg Moffet Not Present: Kent Logan Staff Members Present: Stan Zemler, Town Manager Pam Brandmeyer, Asst. Town Manager Matt Mire, Town Attorney Slifer called the meeting to order at approximately 6:05 p.m. The first item on the agenda was Citizen Input. There was none. The second item on the. agenda was the Consent Agenda. Approval of 10.04.05, 10.11.05, and 10.18.05 Evening Session Minutes. Moffet moved to approve the minutes without amendments. Donovan seconded the motion. The motion passed unanimously, 6-0. Slifer thanked the sitting Council for their hard work and successes in many projects that have changed the face of Vail forever. Hitt stated over the past twenty months it had been an honor and a privilege to have served (on Council) with his fellow colleagues. The third item on the agenda was the I-70 Noise Mitigation Study Update. Public Works Director Greg Hall announced that since April 2004, Hankard Environmental Inc. had been under contract with the town to provide consulting services as part of a comprehensive effort to reduce the impact of traffic noise on I-70. Mike Hankard of Hankard Environmental, then presented the final report on the study and associated findings, specifically the results of modeling different barrier types (jersey barrier, berms, concrete walls) along the I-70 corridor, which generally showed typical concrete sound walls were not effective/recommended in all areas. In the report were recommendations for quiet asphalt, continued traffic speed enforcement, noise barriers and mitigation education for affected properties. Town staff has begun to preliminarily examine the tunneling of I-70, and has met with Senator Allard to discuss possible discretionary funding for a pilot project using "quiet' asphalt, coordinated with Colorado Department of Transportation (CDOT) on future sand storage berm locations, and worked with private property owners to expand the sand storage berms at the Bald Mountain location. CDOT is beginning an extensive noise study to follow up on the work it has already done. CDOT has also committed to a Stone Mastic Asphalt (SMA) mix design for the future I- 70 overlay through Vail to occur in 2007-2008. Research and testing conducted by CDOT and others show the SMA mix provides a one to four decibel reduction when compared to the standard super pave mix. CDOT is also beginning an Environmental Assessment (EA) for Vail Pass. 'Hankard stated he was optimistic in the effectiveness of quiet pavement. "V1le have good news on sustained results after seven years in California." Hankard addressed various sites throughout town that would be appropriate for potential sound walls or berms. Peter Kozinski, CDOT Lake and Eagle County resident engineer stated, "VUe are trying to determine how to minimize noise...You can't push snow over a four foot- wall..-.First and foremost is the safety of the traveling public...Right now we are struggling to find the finances to keep the roads patched together." Hankard stated a three decibel decrease in noise is noticeable, five decibels is good, and ten decibels is excellent. Moffet asked Kozinski what the town could do to get CDOT's "attention" (in regard to noise mitigation policy and funding). Hankard and Public Works Director Greg Hall recommended new residential and commercial project approval needed to be sensitive to noise impacts of the highway. Hall discussed cut and cover and tunneling projects, noting there are larger projects of a similar nature located all over the world. Donovan questioned the carrying capacity of Vail if a cut and cover option was realistically pursued. Moffet suggested temporary jersey barriers be used in the summer to deter noise in sensitive areas. Donovan asked why CDOT would not incorporate more methods used in European countries. Hankard stated Europeans have generally placed a higher value on noise reduction. Representing the Vail Village Homeowners Association, Jim Lamont stated Council was, "jabbering about the problem rather than just working on it...l have given the same message to the same body ten ~~'-~ ~ years ago about the beetle kiIL..There are solutions...This body has to make a commitment other than looking past your next term." Cleveland moved to direct staff to: a) Investigate if the.town could regulate brake muffler effectiveness b) Investigate if the town could influence a reduction in the speed limit c) Investigate possible use of temporary barriers d) Continue the speed reduction campaign e) Increase efforts to enforce noise regulations on I-70 f) Continue to address noise mitigation as .a major focus of the I-70 PEIS, and the proposed Vail Pass Environmental Assessment (EA) g) Continue to have the Town of Vail heavily involved with the I-70 corridor coalition h) Revisit installation of radar activated electronic message boards i) Continue to direct staff to work with CDOT to facilitate use of "quiet" asphalt in all future asphalt work in Vail j) Continue use of sand storage berms along I-70 in Vail and work to obtain approvals from private property owners to expand the sand storage berm project onto private properties, where feasible k) Continue to explore all forms of noise mitigation technology, including but not limited to, a cut/cover or relocation of I-70 The.motion was seconded by Moffet. The motion passed unanimously, 6-0. ~~ 4 The fourth item on the agenda was an Intergovernmental Agreement between the Vail Park and Recreation District (VRD) (the "District") and the Town of Vail (the "Town") for financing of ADA remediation for buildings owned by the town and operated the VRD Town Attorney Matt Mire announced that as a result of agreements between the 1) the VRD and the U.S. Justice Department; and 2) the town and U.S. Justice Department, related to ADA compliance at town owned and District leased facilities, the Town and the district have agreed to jointly finance the ADA remediation. This Agreement memorialized the previous understanding between the district and the town to share equally in the total remediation cost. Moffet moved and Ruotolo seconded a motion to direct the Town Manager to enter into the agreement. Donovan clarified the agreement only applied to ADA compliance. The motion passed unanimously, 6-0. The fifth item on the agenda was the selection of Art in Public Places (AIPP) Trash Cans. Art in Public Places Coordinator Leslie Fordham reported the AIPP board developed a unique, high quality waste receptacle for Vail. The prototype can is made from 12 gauge steel, with two oversized pine cones plasma cut into the metal side panels. It is finished with a baked on powder coat and a protective clear coat of paint. The new trash receptacle is approximately the same size as the can currently made in the TOV carpenter's shop. An internal cigarette butt receptacle can be added. The Public Works Department reported metal trash cans would not require as much maintenance as wood, currently costing the town approximately $150 per year to repair and refinish. AIPP recommended the Public Works Department place an initial order for twenty trash cans for Vail Village. Fordham reported the cost would be $1,285 per can to purchase 20 of them. Moffet clarified the purchase had been budgeted in the streetscape project. Ten percent of the budget would go to trash cans. Slifer recommended the AIPP board seek competitive bids to fabricate the cans. Cleveland moved to approve the design and to use competitive bids to determine the fabricator. Moffet seconded the motion. The motion passed unanimously, 6-0. The sixth item on the agenda was the Second reading of Ordinance No. 24, Series of 2005, an ordinance deleting Title 4, Chapter 4, Articles A and B, Vail Town Code as they relate to time share disclosure and registration requirements; amending Title 12, Zoning Regulations, Section 12-2-2, Definitions, Section 12-6H-3, Conditional Uses, High Density Multiple-family Zone District; Section 12-7H-4, Permitted and Conditional Uses, Second Floor and Above, LionsHead Mixed Use 1 Zone District; Section 12-10- ' 10, Parking Requirements'Schedules; Section 12-16-7(A)(8) Use Specific Criteria and Standards; Title 13, Subdivision Regulations, Section 13-2-2 Definitions, for proposed amendments. Town Attorney Matt Mire reported on September 12, 2005, the Town of Vail PEC held a public hearing on the proposed amendments. Upon review of the amendments, the PEC voted 7-0-0 to forward a recommendation of approval of the request to the Vail Town Council. On October 18, 2005, Council approved Ordinance No. 24, Series of 2005, on first reading. Moffet moved with Ruotolo seconding a motion to approve the ordinance. Chief Planner George Ruther explained the difference between a dwelling unit and accommodation unit. The motion passed unanimously, 6-0. The seventh item on the agenda was Resolution 20, Series of 2005: Town Council Resolution Supporting Question 1 in the Vail Municipal Election on November 8, 2005 Community Development Director Russ Forrest reported at the September 20, 2005, Town Council meeting, Council directed staff to prepare a resolution endorsing the approval of Question 1 in the Vail- Municipal Election set for November 8, 2005, related to the Vail Conference Center. During the public comment portion of the discussion, 3 former Councilmember Chuck Ogilby asked Cleveland, Donovan and Hitt to envision the conference center not as a stand alone project, but rather, as only one piece of the "Vail Renaissance." Rob Levine, Antlers at Vail manager and Vail Valley Chamber & Tourism Bureau board member, said, "Almost half of Vail's lodging revenue in 2004 came from group business...that percentage of lodging revenue represents 19% of lodging revenue for the entire year." Paul Rondeau stated he was disappointed the Conference Center Oversight Committee (CCOC) did not play a larger role in the public process, and he felt a final report from the committee was missing. "It was almost like a stealth group." Council candidate Robert Aikens, Verbatim Booksellers, asked for Council to support the conference center. Tom Steinberg spoke against the conference center as the town should instead focus on more special events. "Government should not be competing with private industry within the town." ,Carol Allman, Galatyn Lodge, commended the council-members who disagreed with the conference center. She encouraged Council to pay for the conference center through a general sales tax increase. "If you have to have it, find some equitable way to pay for it." .Luc Meyer, Left Bank restaurant, stated he believed private industry should join together and finance the center. "VUhy does the town always want to borrow money...as a business man, I work hard, save money, and then I pay for things." Stan Cope, CCOC member, commented that only nine or ten lodges in Vail have any meaningful meeting space. `The town lodging community is grossly underperforming." Bob Fritch, Sitzmark Lodge owner, inquired about what entity would be ultimately responsible for repayment of the bonds in the event of default. Representing the town, attorney Dee Wisor explained, the lodging tax would be responsible...and if a default would occur, it may be difficult to access credit markets." Donovan stated she was concerned about an operating cost deficit. Wisor stated the town would be ultimately responsible for the costs. Joe Staufer expressed concern over the town's lodging tax rate. Representing the Vail Village Homeowners Association, Jim Lamont said, "Our association feels this particular project is ill advised and I, myself, will. vote no." Rick Scalpello, CCOC member, asked why private interests. would not want to invest in the conference center. Pam Stenmark, Evergreen Lodge part-owner/manager, Jim Feldhaus of Colorado Mountain Express, Wolfgang Triebnig, the Lodge at Vail, and David Gorsuch, Gorsuch retail, spoke in support of the conference center. During . Council discussion, Moffet said the town did not have the political will to allow a private developer to build a conference center. Cleveland explained escalating costs were his primary reason for voting against the conference center. "Parking, housing, and ability to build next to the frontage road, there are a lot of unanswered questions...one of my concerns is why we have to build this project right now...this could spiral out of control and we have seen projects sit vacant in this valley for ten years." Donovan referred to lost opportunities, and questioned starting the process in the "middle." Moffet moved with Ruotolo seconding a motion to approve the resolution. The motion did not carry with a 3-3 vote. Moffet, Ruotolo and Slifer voted in favor and Hitt, Donovan and Cleveland opposed. The eighth item on the agenda was Resolution No. 21, Series of 2005, a resolution amending the Vail Village Urban Design Guide Plan to allow for changes to the Architectural/Landscaping considerations.. for colors. On October 19, 2005, the Design Review Board voted 4-0-1 to forward a recommendation of approval to the Town Council ,and PEC to amend the. Vail Village Urban Design Guide Plan to allow for changes to the Architectural/Landscaping considerations for .colors., On October 24, 2005,. the. PEC. voted 7-0-0 to forward a recommendation of approval to Council to amend the Vail Village Urban Design Guide Plan to allow for changes to the Architectural/Landscaping 4 '•? considerations for colors. Moffet moved with Hitt seconding a motion to approve. The motion passed unanimously, 6-0. The ninth item on the agenda was the Town Manager's Report. - Vail Valley Athlete Commission Brandmeyer explained the Vail Valley Athlete Commission partners were: Beaver Creek Resort Company, Town of Vail, Vail Resorts, and the Vail Valley Foundation. Recipients are as follows: Nathan Asoian, $2,500; Clair Bidez, $1,500; Dylan Bidez, $1,500; Kevin Hochtl, $750; Stacia Hookom, $2,500; Julia Littman, $3,000; Rachel Nelson, $1,500; Eden Serina, $2,500; Josh Sherman, $1,500; and Jonathan Stevens, $750. - Dobson Schedule and Operating Costs Brandmeyer explained special event programming for Dobson Ice Arena, in 2005. The following four performances have been scheduled: December 10 and 11 311 December 27 and 28 String Cheese Incident Four dates in March 2006 have been placed "on hold" for special events/concerts; however, the acts have not currently been booked. VRD staff has a commitment with Resort Entertainment to book seven special events at the arena in 2006. - Proposed Council Retreat Zemler explained in order to provide preparation time prior to the town-wide community meeting scheduled for Thursday, January 12, 2006, staff would like Council feedback on setting Friday, December 16, for the Council retreat. Given the timing of the election, the subsequent "swearing in" of the newly elected Council members on November 15, allowing for the holidays, and after having gathered input from the focus groups, staff believes this will still provide an opportunity to assemble materials and an agenda based on Council input for the upcoming community meeting. Council members indicated the 16th was too close to the holidays and would need to be rescheduled. The tenth item on the agenda was Adjournment. Moffet moved with Ruotolo seconding a motion to adjourn. The motion passed unanimously, 6-O.The meeting was adjourned at approximately, 9:00 p.m. Respectfully Submitted, Rodney E. Slifer,. Mayor ATTEST: Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher. 6 ~, MEMORANDUM TO: VAIL TOWN COUNCIL FROM: Suzanne Silverthorn, Community Information Officer DATE: 12-6-05 SUBJECT: Consideration of Brochure Rack Fee for Visitor Information Centers By Vendors Who Do Not Otherwise Hold a Valid Town of Vail Business License BACKGROUND In October 2005, the Town Council directed staff to pursue a brochure rack fee to be used in the Visitor Information Centers to promote activities by vendors who do not otherwise hold a valid Town of Vail business license. The direction was given after the Council identified a larger need to provide equity for vendors doing business in the Town of Vail. This is because the Town of Vail business license requirement excludes businesses located outside the town from obtaining a Vail business license. To rectify this circumstance, Town Attorney Matt Mire has suggested preparing a question for the November 2006 ballot to require business licenses for all vendors who conduct business within the Town of Vail. While noting the equity issue is much larger than the business conducted through the Visitor Information Centers, Council has asked to pursue a vendor brochure rack fee to provide equity for vendors represented within the Information Centers as an interim measure. Attached for Council's review is a proposed notice announcing the fee and a payment form. The materials were prepared after consulting with the Visitor Information Center operator, Vail Info Inc., with a recommended rate of $300 per brochure rack and $500 per magazine rack per year, respectively. The fees would be effective January 1, 2006, to December 31, 2006. Such fees would only apply to vendors who use the Visitor Information Centers to promote activities and services, but do not otherwise hold a valid Town of Vail business license. The Town of Vail has the authority to implement a rack fee as an administrative action, so long as the revenues from the rack fees are used to assist in operation of the Centers. IMPACTS In reviewing the vendors currently distributing materials from the Visitor Information Centers, the proposed brochure rack fee would apply to the following businesses, 33 in all: 4 Eagle Ranch, Alpine Kayak, Alpine Snowmobiles & Dog Sledding, Back Bowl, Balloon America, Bearcat Stables, CME Premier, Camelot Balloons, Colorado River Center, Colorado River Runs, Dogsled Adventures, Enterprise Rent-a-Car, Lakota River Guides, Lazy J Ranch, Leadville Colorado & Southern Railroad, Meadow Mountain Tubing Hill, Mountain Musher, Mountain Wolf Jeep Adventures, Nova Guides, Piney River Ranch, Ranch at Spraddle Creek, ResoitMed, Rock Gardens Rafting, Rocky Mountain Biplane Adventures, Ski Partner.corn, Timberline Tours, Triple G Outfitters, and Vilar Center. Plus, a la Car Menu Magazine, Vail-Beaver Creek Catalogue, Vail Beaver Creek Magazine, Vail Valley Magazine and Vail Valley Dining Guide. While a vendor brochure fee would, indeed, provide equity to those businesses that use the Visitor Information Centers, there is the possibility that a fee would discourage vendors from supplying their materials to the centers. This could possibly limit the variety of activities and amenities promoted by the Visitor Information Centers. In providing direction to the staff, the Town Council is asked to consider the importance of providing equity to Vail's businesses while balancing an equally important role to .promote a variety of activities and amenities to Vail's guests. ACTION REQUESTED OF COUNCIL Review the brochure rack fee proposal and give direction to staff regarding implementation, modification or dismissal. ATTACHMENTS Proposed Vendor Rack Fee Notice Business License Ordinance 2 DRAFT December 6, 2005 TOWN OF VAIN Re: Notice of Vendor Rack Fee for Promotion of Activities and Services by Vendors who do not otherwise hold a Valid Town of Vail Business License To provide equity for all businesses who qualify to be represented within the Vail Visitor Information Centers, the Town of Vail has established a rack fee effective January 1, 2006, for promotion of activities and services by vendors who do not otherwise hold a valid Town of Vail business license. The fee has been set at $300 per brochure rack and $500 per magazine rack for the 2006 calendar year. Businesses who qualify to distribute information in the Visitor Centers are Vail business license holders as well as visitor-based services and/or attractions located outside of Vail that do not compete with Town of Vail businesses. The rack fee will be in place for one year while the Vail Town Council contemplates a method to require Vail business licenses for all vendors who conduct business in the Town of Vail. If your business would like to continue using the Vail Visitor Information Centers as a distribution outlet for your materials,• please fill out the attached form and return your payment to the Town of Vail no later than January 31, 2006. Late payments will result in immediate removal of your materials. We thank you for your current partnership with the Visitor Information Centers and ask for your understanding and support as we take measures to create equitable opportunities to communicate with Vail's guests. If you have questions about implementation of this new policy, please contact me at 479-2115 or email ssilverthornCa~vailgov.com. Sincerely, TOWN OF VAIL an ~ it rn, APR Community Information Officer 75 South Frontage Road • Uail, Colorado 81657 • 970-479-2100 / F,4X 970-479-2157 • www. vailgov. com ~~~ REC,YL'LEDYdPER '~. DRAFY VAIL VISITOR INFORMATION CENTER VENDOR BROCHURE RACK FEE PAYMENT FORM The brochure vendor rack rate for the 2006 calendar year has been set at $300 per brochure space and $500 per magazine space. The fees* are effective January 1, 2006, and payable to the Town of Vail no later than January 31, 2006. Send payment to: Town of Vail Finance Department Attn: Gina Davis 75 S. Frontage Rd. Vail, CO 81657 Please remit a copy of this letter with annual payment. Late payments will result in immediate removal of materials. Name of Activity/Service: Contact Representative: Mailing Address: Phone/Fax: Email Address: Payment Amount: $ /brochure(s) $ /magazine(s) Payment Type: Credit Card Check Other Credit Card #: Expiration Date: Signature 'Payment requirement applies to vendors who use the Vail Visitor Information Centers to promote activities and services, but who do not otherwise hold a valid Town of Vail Business License. 4-1-3: LICENSE REQUIRED: 4-1-3: LICENSE REQUIRED: Page 1 of 1 It shall be unlawful for any person to maintain, operate, conduct, or engage in any business activity on premises within the Town without having first obtained a business license pursuant to this Chapter. A business license shall be obtained for each place of business within the Town regardless of whether the business conducted therein is a separate business or a branch, division, or agency of a licensed business situated at another location in the Town. (Ord. 38(1988) § 1) http://www.sterlingcodifiers.com/CO/VaiU08001000000003000.htm ~ 12/1/05 4-1-2: DEFINITIONS: Page 1 of 2 4-1-2: DEFINITIONS: For the purposes of this Chapter, the following definitions shall apply: ACCOMMODATION UNIT: Any room or group of rooms without kitchen facilities designed for or adapted to occupancy by guests and accessible from common corridors, walks, or balconies without necessarily passing through another accommodation unit or dwelling unit. ATHLETIC CLUB: A business which has as one of its primary sources of income the charging for the use of racquet courts and/or other athletic facilities such as free weights, weight machines, swimming pools, etc. BUSINESS: ny business, profession, occupation, or activity engaged in by a person for profit, gain, benefit, or advantage which is conducted on premises within the Town. BUSINESS FLOOR AREA: The number of square feet located within any "premises" as defined in this Section, except that the number of square feet located in storage areas and administrative offices within retail business premises shall not be considered business floor area. CONSTRUCTION SERVICES: Building contractors, plumbers, electricians, carpenters, masons, excavators, roofers, and painters. DWELLING UNIT: Any room or group of rooms with kitchen facilities designed for or used as an independent housekeeping unit. FINANCIAL SERVICES: Any savings and loan company, bank,. mortgage company or mortgage broker. GARAGE OR YARD SALES: Any retail sales of secondhand goods in a residential area, not exceeding a consecutive three (3) day period nor a total of six (6) days per calendar year, but not including: A. Sales conducted by a professional or compensated agent of the owner of the items to be sold; B. Sales of new items that had been held out for sale in a commercial establishment. GENERAL SERVICE BUSINESS: Any business not otherwise defined or classified herein. HOME OCCUPATION: A business which is conducted within a residence and is clearly incidental and secondary to the use of the residence for dwelling purposes. LICENSE YEAR: The calendar year January 1 through December 31. LICENSEE: Any person required to obtain an annual business license. LODGE: A building or a group of associated buildings designed for occupancy primarily as the temporary lodging place of individuals or families, either in accommodation units or dwelling http://www.sterlingcodifiers.com/CO/Vaill08001000000002000.htm 12/1/05 4-1-2: DEFINITIONS: Page 2 of 2 units, and in which all such units are operated under a single management providing the occupants thereof customary hotel services and facilities. LODGE SUPPORT BUSINESS: A business, service, or facility located within the lodge, owned by the same person owning the lodge, and providing customary services and facilities primarily to occupants of the lodge. PERSON: Any individual, partnership, corporation, firm, estate, trust, association, joint venture, or other entity. PREMISES: A land, structure, lodge, store, office, salesroom, warehouse, or other place of mess situated within the Town which is owned, leased. or occupied by a business. PROFESSIONAL: Any doctor, dentist, psychologist, physical therapist, nurse, medical assistant, lawyer, architect, booking agent, engineer, title company, surveyor, insurance company, agent or broker, consultant, securities dealer, financial planner, veterinarian, accountant, chiropractor, and other related fields of expertise. RESTAURANT: Any establishment no matter how named or designated at which food is sold for consumption on the premises. RETAIL: The sale of commodities to the consumer. SHORT-TERM RENTAL: A rental of an accommodation unit or dwelling unit for a term not in excess of thirty (30) consecutive days. SKI COMPANY: A business which has as one of its primary sources of income the operation of ski lifts. TAVERN: A business holding a State of Colorado tavern liquor license. TOWN: The Town of Vail, Colorado. (Ord. 6(1998) § 1: Ord. 38(1988) § 1) http://www.sterlingcodifiers.com/CO/VaiU08001000000002000.htm 12/1/05 ~. INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF VAIL This Agreement made this day of 2005, by and between the County of Eagle, State of Colorado, a body corporate and politic (the "County") and the Town of Vail, a municipal corporation (the "Town"). WITNESSETH WHEREAS, the Town desires to contract with the County for the performance of the hereinafter described Animal Services on the terms and conditions hereinafter set forth; and WHEREAS, the County is agreeable to rendering such Animal Services on the terms and conditions hereinafter set forth; and WHEREAS, this Intergovernmental Agreement is authorized pursuant to Section 30-11-101, as amended. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein, the parties hereto agree as follows: SECTION 1. TERRITORY COVERED. The territory covered by this Agreement is all of that certain property legally described as the Town of Vail. SECTION 2. DEFINITIONS. Emeraency on Call services is defined as emergency calls received by the County for which Animal Service assistance is required and no Animal Service Officer is on duty to respond. Shelter means The Eagle County Animal Shelter located at 1400 Fairgrounds Road, Eagle, Colorado, and any other shelter facility operated or designated by County. Unclaimed Day is defined as a calendar day or any part thereof during which an unclaimed animal is confined in Shelter on behalf of the Town. SECTION 3. SCOPE OF SERVICES. The County agrees to provide general Animal Services within the Town of Vail. The County shall provide: A) A minimum of 77.5 hours of patrol per month, consisting of inspection tours looking for violations or responding to complaints. B) Twenty-four (24) hours per day Emergency On Call service (via County answering service when not open). C) Administration and enforcement of the current Title 6, Animals of the Municipal Code of the Town of Vail presently in effect, and as may be subsequently amended. D) The County shall provide the Town with monthly reports and an annual report of services provided pursuant to this Agreement. Such reports shall include, by way of example only, 'the number of calls for service, number of animals sheltered, number of Unclaimed Days, and number of citations issued, as they apply to the Town of Vail. E) Emergency on Call service will be provided during the period when an Eagle County Animal Service Officer is not on duty. In the event that an Eagle County Animal Service Officer is not immediately available to respond to an incident or emergency, the Town of Vail will provide available personnel to secure the scene and administer control of the situation until the Eagle County Animal Service Officer arrives to resolve said incident. F) Animal sheltering services for animals attributable to the Town, of the nature and quality customarily provided at the Shelter. Animals attributable to the town are animals impounded within the Town of Vail and animals owned by persons dwelling, permanently or temporarily, in the Town of Vail. SECTION 4. OFFICIAL STATUS. For the purpose of performing the Animal Services and functions set forth in this agreement, Eagle County Animal Services shall enforce, as the Town's agent, the Municipal Ordinances relating to animals now in effect and as amended from time to time. SECTION 5. EQUIPMENT. The County shall furnish and supply, at its sole expense, all necessary labor, supervision, equipment, motor vehicles, .office space, and operating and office supplies necessary to provide the services to be rendered hereunder. SECTION 6. COMPENSATION. The Town of Vail agrees to pay the County, monthly, the sum of $3,250.00 based on estimated patrols and on any necessary sheltering requirements. The Town of Vail agrees to pay the County, on or before the fifteenth of each month, for services rendered the previous month plus any additional billing received for Response to On Call Emergencies. Responding to On Call Emergencies: $50.00/incident All fees and expenses recovered at or for the Shelter will remain with the County. All court fines and costs will remain with the court of venue. The County shall administer the County's Dog License Program for the Town. Monies collected from residents of the Town shall belong to the County. SECTION 7. PERSONNEL. The Eagle County Animal Services Officer shall have full cooperation from the Town of Vail, its public works, its police officers and/or their respective officers, agents, and employees, so as to facilitate the performance of this Agreement. The rendition of Animal Services provided for herein, the standards of performance, the discipline of officers, and other matters incident to the performance of such services and the control of personnel so employed, shall remain in the County. All persons employed in the performance of such Animal Services for the Town of Vail, pursuant to this agreement, shall be County employees, except for Town personnel used to secure the scene as described in Section 3. SECTION 8. LIABILITY AND INSURANCE. A. The County, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors, or omissions of the u Town or of any officer or employee thereof. Likewise, the Town, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors or omissions of the County or by any officer or employee thereof. B. The County agrees to indemnify, defend and hold harmless to the extent allowed by law, the Town, its respective agents, officers, servants and employees of and from any and all loss, costs, damage, injury, liability, claims, liens, demands, action and causes of action whatsoever, arising out of or related to the County's intentional or negligent acts, errors or omissions or that of its agents, officers, servants, and employees, whether contractual or otherwise. Likewise, the Town agrees to indemnify, defend and hold harmless to the extent allowed by law, the County, its respective agents, officers, servants and employees of and from .any and all loss, costs, damage, injury, liability, claims, liens, demands, action and causes of action whatsoever arising out of or related to the Town's intentional or negligent acts errors or omissions or that of its agents officers, servants and employees, whether contractual or otherwise. C. The County and the Town shall respectively provide its own public liability, property damage, and errors and omissions insurance coverage as each party may deem adequate and necessary for any potential liability arising from this Agreement. Further, the County and the Town, respectively, shall name, subject to the approval of each respective party's insurance carriers, the other respective party as a co-insured under such insurance policies to the extent of any potential liability arising under this Agreement and, upon reasonable written request, shall furnish evidence of the same to the other respective party. SECTION 9. TERM AND TERMINATION. This Agreement is effective January 1, 2006, and shall end on the 31st day of December, 2006. Either party shall have the right to terminate this agreement with or without cause at any time by giving the other party thirty (30) days' prior written notice of termination. Upon termination, the County shall be entitled to compensation for services performed prior to such termination, and both parties shall be relieved of any and all duties and obligations under this Agreement. Obligations of the Town of Vail and the County, respectively, after the current fiscal year, are contingent upon funds for the purpose set forth in this Agreement being appropriated, budgeted and otherwise made available. SECTION 10. GENERAL PROVISIONS. A. Notices. All notices, requests, consents, approvals, written instructions, reports or other communication by the Town of Vail and the County, under this Agreement, shall be in writing and shall be deemed to have given or served, if delivered or if mailed by certified mail, postage prepaid or hand delivered to the parties as follows: Town of Vail: Town Attorney Town of Vail 75 S. Frontage Road Vail, Colorado 81657 County of Eagle: Eagle County Attorney P.O. Box 850 Eagle, CO 81631 Either party may change the address to which notices, requests, consents, approvals, written instructions, reports or other communications are to be given by a notice of change of address given in the manner set forth in this paragraph A. B. This agreement does not and shall not be deemed to confer upon or grant to any third party any right to claim damages or to bring any lawsuit, action or other proceedings against either the Town or the County because of any breach hereof or because of any terms, covenants, agreements or conditions contained herein. C. No modification or waiver of this Agreement or of any covenant, condition, or provision herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. D. This written Agreement embodies the whole agreement between the parties hereto and there are no inducements, promises, terms, conditions, or obligations made or entered into either by the County or the Town other than those contained herein. E. This Agreement shall be binding upon the respective parties hereto, their successors or assigns and may not be assigned by anyone without the prior written consent of the other respective party hereto. F. All agreements and covenants herein are severable, and in the event that any of them shall be held invalid by a court of competent jurisdiction, this Agreement shall be interpreted as if such invalid Agreement or covenant were not contained herein. .~ G. The Town has represented to the County and, likewise, the County has represented to the Town, that it possesses the legal ability to enter into this Agreement. In the event that a court of competent jurisdiction determines that either of the parties hereto did not possess the legal ability to enter into this Agreement, this Agreement shall be considered null and void as of the date of such Court determination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: B~: Clerk to the Board of County Commissioners ATTEST: Town Clerk COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: Arn M. Menconi, Chairman TOWN OF VAIL By: Manager c\animal\Vail.con ...~ ORDINANCE N0.31 SERIES OF 2005 ANNUAL APPROPRIATION ORDINANCE: ADOPTING A BUDGET AND FINANCIAL PLAN AND MAKING APPROPRIATIONS TO PAY THE COSTS, EXPENSES, AND LIABILITIES OF THE TOWN OF VAIL, COLORADO, CONFERENCE CENTER FUND FOR THE FISCAL YEAR JANUARY 1, 2006 THROUGH DECEMBER.31, 2006 WHEREAS, it is necessary for the Town Council to adopt a budget and financial plan for the 2006 fiscal year, to make appropriations for the amounts specified in the budget; and WHEREAS, the Conference Center Fund is a special revenue fund of the Town of Vail; and WHEREAS, the Conference Center Fund budget was not included in Ordinance No. 22, Series 2005, adopting a budget and financial plan and making appropriations to pay the costs, expenses, and liabilities of the Town of Vail, Colorado for the fiscal year January 1, 2006 through December 31, 2006, NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1. The procedures prescribed in Article IX of the Charter of the .Town of Vail, Colorado, for the enactment hereof, have been fulfilled. 2. Pursuant to Article IX of the Charter, the Town Council hereby ~ makes the following annual appropriations for the Town of Vail, Colorado, Conference Center Fund for the fiscal year beginning on the first day of January, 2006, and ending on the 31St day of December, 2006: None 3. The Town Council hereby adopts the full and complete Budget and Financial Plan for the 2006 fiscal year for the Town of Vail, Colorado, Conference Center Fund which are incorporated by reference herein and made part hereof, and copies of said public records shall. be made available to the public in the Municipal Building of the Ordinance No. 31, Series of 2005 w .., Town. This Ordinance shall take effect five (5) days after publication following the final passage hereof. 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held #o . 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. 5. The Town. Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 6. The repeal or the repeal and reenactment of any.provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 7. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the 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 6th day of December, 2005. A public hearing -shall be held hereon on the 20th day of December, 2005, at 6:00 pm 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: Ordinance No. 31, Series of 2005 ,~ ~~ Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 20~' day of December, 2005. Rod Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 31, Series of 2005 TOWN OF VAIL AND CHANGES IN FUND EXPENDITURES VENUE BALANCE , , RE CONFERENCE CENTER FUND 2005 2006 Amended Su pplemental Amended Proposed Budget #3 Budget Budget Revenue Taxes 805,000 1 62,249 1,867,249 - Sales Tax Public Accomodations Tax , 1,735,000 57,593 1,792,593 - ' Penalties and Interest on Delinquent Taxes 540,000 3 119,842 3,659,842 - Subtotal Taxes , Other 86,000 86,000 91,000 Interest 540,000 3 205,842 3,745,842 91,000 Total Revenue , Expenditures -General Government _ Marketing Expense 000 177 5,992 182,992 _ Management Fee , _ General Supplies and meetings 878 371 1 197,362 1,569,240 _ Capital Outlay , , - Debt Service 878 548 1 203,354 1,752,232 _ __ Total Expenditures , , Revenue Over (Under) Expenditures 1,991,122 2,488 1,993,610 91,000 Beginning Fund Balance 5,691,334 5,691,334 7,684,944 Ending Fund Balance 7,682,456 2,488 7,684,944 7,7 12/1 /2005 CCF 051115 / ~ ~ , ~ November 29, 2005 . To: Vail Town Council From: Gore Creek Plaza Association, Sweet Basil Restaurant- Re: Sweet Basil letter of intent for leased Town of Vail Property ~ ' _ ,~ -Members of the Vail Town Council: - ~ . . - ~ 1 This should serve as a letter of intended use for Town of Vail - ~ .~ • . Property as leased to and used by Sweet Basil Inc.'~at -193 East Gore . Creek Drive, Vail; CO: 81657. Currently, from calculations taken from a recent survey, the Sweet Basil patio occupies 84 square feet of town ~~ ~ ' : property, and'is subject to a "Deck Lease" dated April 1, 1998 through . ~. ~ - _ December 31; 2008 with the Town as the "lessor'' and Sweet Basil ~as . r the "lessee".. ~ 1 ~ ~ . . The Gofe Creek Plaza Condominium Association is in the ' ,_ process of submitting for a major exterior,alteration,, and Sweet Basil as ' . , a tenant in the building is proposing to change. our patio layout slightly. . ~ The calculated square footage of our proposed new deck space on town ' property remains at the~same~ 84 square feet;. the intended design is , ' shown on the attached plans as.submitted:,Our intended use also ~ - remains the same,,with no_permanent.fixtures excepting the railing 'around, the perimeter, and to be used for outdoor dining during the ~ . ~. .summer seasons. ' , Thank you for your consideration."Any questions. may be ~ _ . directed to Matt Morgan.or Kevin flair, owners of the Sweet .Basil, " Restaurant. - - Sincerely, ~ - - , .~ r.. ~~f - ~ .. . •~ " att Mo" „ Owner/General Manager Sweet Basil Restaurant. PROPERTY LINE I I L. GORE GREEK DRIVE ENTRY TO SWEET BASIL _ J EDGE OF ROOF EDGE OF EXISTIN6 PATIO AREA OUTSIDE OF PROPERTY LINE (84 Sq. Ft) 'EXISTING AREA OUTSIDE OF PROPERTY LINE (84 50. FTJ n GORE GREEK PL~Z~ ENTRY [PROPOSED] poi U Z_ D J ? m ~~~: ~o~o Y ~~~ w w ~ ~ U ~ w U FRITZLEN PIERCE ARCHITECTS T:ENTRY ~~. PLAN X201 ORDINANCE N0.26 SERIES OF 2005 AN ORDINANCE PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 2005 TAX YEAR AND PAYABLE IN THE 2006 FISCAL YEAR. 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 2005 year and payable in the 2006 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 2006 fiscal year, the Town Council hereby levies a property tax of 4.69000 mills upon each dollar of the total assessed valuation of $588,098,820 for the 2005 tax year of all taxable property within the Town, which will result in a gross tax levy of $2,765,068 calculated as follows: Base mill levy 4.690 $2,758,183 Abatement levy .012 6,885 Total mill levy 4.702 2 765 068 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 26, Series of 2005 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 15th day of November, 2005. A public hearing shall be held hereon at 6 P.M. on the 6th day of December, 2005, 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 6`h day of December, 2005. Rod Slifer, Mayor ATTEST: Lorelei Donaldson, Town~Clerk Ordinance 26, Series of 2005 ' 2 RESOLUTION N0.22, SERIES OF 2005 OPPOSITION TO HOUSE BILL 4241 Whereas, the Town of Vail Council and Town of Vail citizens aze concerned and astonished by the proposed amendments to the 1872 Mining Law, included in the House Reconciliation Bi114241, passed by the House of Representatives and sent to the United States Senate for approval on November 18, 2005. This Bill's miscellaneous amendments relating to mining will eliminate existing requirements requiring proof that lands being patented for mining claims have minerals that will actually be mined. This is so broadly defined in Section 6204 of the Bill that developers, for example, could buy federal land for as low as $1,000 per acre or fair market value, without regard to the mineral deposits in the land or use of such land for mineral activities, then "flip" it quickly for development projects such as trophy homes, subdivisions or commercial development. The Town of Vail Council agrees with the Denver Post editorial of November 10, 2005, stating this proposal is "an egregious disregard for the public interest." Whereas, the Town of Vail has historically worked closely with the Federal Government through the U.S. Forest Service concerning mutual land interests around the Town of Vail. In 1997 the Town signed .an agreement with the U.S. Forest Service called the Town of Vail - U.S. Forest Service Land Ownership Adjustment Agreement, which committed the town to de-annex all federal lands within the town boundary. The U.S. Forest Service committed to maintain U.S. Forest System lands around the Town for public recreational use and natural resource protection. Therefore, since 1997 there aze no U.S. Forest Service lands within the Town of Vail, resulting in the U.S. Forest Services working diligently to protect federal lands adjacent to Vail from private development. This Bill could potentially violate the Town of Vail agreement with the U.S. Forest Service. Whereas, according the Denver Post editorial, neazly 24 million acres of federal land in Colorado would become eligible for sale to the public. Passage of the proposed amendments to the Mining Law would be deva_statin~ to the Town of Vail and. the State of Colorado. It is vital that maintaining the integrity of our natural resources is critical to Vail's future and success as a year round international resort destination. This Bill reaches far beyond what its sponsors claim to accomplish and is in direct conflict with Colorado's legacy. Whereas, the State of Colorado and specifically the Town of Vail is a unique, beautiful, natural place that draws visitors from throughout the United States and the world for its pristine beauty and outdoor recreation opportunities. The Town of Vail vehemently opposes the House Bill 4241, that would lead to an abuse of power over our lands and we prepared to work diligently with our Senate colleagues and stakeholders to defeat it. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL: VOCIFOROUSLY OPPOSES HOUSE BILL 4241. INTRODUCED, READ, APPROVED AND ADOPTED this 6TH day of December, 2005. Rodney Slifer, Mayor ATTEST: By: Lorelei Donaldson, Town Clerk r MEMORANDUM November 29, 2005 To: Vail Town Council Stan Zemler Pam Brandmeyer Judy Camp From: Sally Lorton Re: October Sales Tax On the reverse side, please fmd the latest sales tax worksheet. I estimate I'll collect another $20,000.00 in October sales tax to bring October collections to $554,862.00. If so, we will be up 9.47% or $48,009.00 from budget and up 4.19% or $22,325.00 from October 2004. The summer of 2005 (May -October) will reflect an increase of 5.04% or $229,607.00 from the summer of 2004. Attached please fmd two worksheets that report on the conference center tax collection. onth 994 995 996 997 998 999 Town of Vail Sales Tax Worksheet 11 /29/2005 2000 2007 2002 003 004 udget 005 Cd/ectlons udget Variance Change Tram 2000 Change lrom Budget ,. ~ x .ar . p,...a ,a .y. mot. iR: _. MF ,~ _ .~y~y, 9 0 ~,, ~+"f, ~ ? January 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 2,225,841 2,118,48 8 2,272,940 154,452 2.12% 7.29% February 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 2,362,825 2,248,865 2,428,889 180,024 2.80% 8.01% March 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 2,344,178 2,231,11.7 2,782,321 551,204 18.69% 24.71% April 794,668 791,092 966,993 874;427 1,107,334 952,843 926,771 1,043,431 870,875 871,468 992,157 844,305 915,207 70,902 •7.76% 8.40% May 287,315 324,681 318,920 329,783 382,718 370,864 388,121 448,234 414,248 428,919 411,595 391,744 458,423 66,679 11.38% 17.02% June 548,820 590,685 594,907 630,366 633,400 692,811 721,774 751,439 657,707 742,755 732,113 696,803 834,567 137,764 13.99% 19.77% July . '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 1,128,514 1,074,085 1,165,712 91,627 3.30% 8.53% August 891,566 867,125 990,650 1,073,430 1,183,926 1,050,004 -1,038,516 1,124,275 1,084,318 1,029,446 994,445 946,482 990,247 43,765 -0.42% 4.62% September 725,205 645,902 630,453 637,831 735,608 806,600 817,313 747,766 713,574 679,208 757,033 720,521 782,033 61,512 3.30% 8.549'0 October - 408,405 461,791 413,573 472,836 575,531 536,204 547,201 486,570 484,425 508,092 532,537 506,853 534,862 28,009 0.44% 5.53% .. 'Gj~%a; ~ ,. a'J. ,a~t ~ ~. ~ .,.rL ~.. ;;~~~, ~;; L# ;1` ~~~ ,~ 'a`-- ~ ..r .:~ .d6.~ it>: :: ley` ,.~i. ~-nwt}l~ ;itlKr r S ~., -.a .. !+w~ ~ '~.~ : i._,sr .. :r . Total ~ _~ at 9,667 1C,-1~4 1i;1 11 ,.15 2vJ 11 J05, ~-1 t 12 ~ 9~0 1 ~ 040.30 12,474, 3:~8 1"JC 5.31 12,325 ~=~91 1 to16 610 12 4c1 ~ _~ 11 77 ~2 - 1 ~ 1%5 201 1 _~_~ 53P~ 11 ,7"/0 ., .. ., - _, .,~..1s November 594,491 611,147 601,208 707,166 656,596 582,260 691,445 571,783 642,293 591,269 623,646 593,567 December 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 2,362,095 2,248,170 < ~ _~ Total 13,007, 013 13,030, 448 13, 719, 308 14, 747, 419 15, 030, 386 14, 509,421 15, 232, 588 15,41 1,044 15,106,801 14, 578, 983 15,466, 979 14, 621,000 13,165, 201 1, 385, 938 onth Town of Vail Conference Center Retail Tax (.5%) Worksheet 11 /29/2005 2005 Budget 2003 2004 Budget Co!/actions Variance Change from 2004 /Fi Change /rom Budget ~~ ;, January 233,274 267,013 245,637 271,639 26,002 1.73% 10.59% February 250,236 283,480 260,830 291,227 30,397 2.73% 11.65% March 283,013 284,547 258,952 334,072 75,120 17.40% 29.01% April 99,694 1 15,624 109,419 107,053 (2,366) -7.41 % -2.16% May 46,376 46,172 45,406 51,578 6,172 11.71% 13.59% June 83,981 83,918 80,741 97,101 16,360 15.71 % 20.26% July 122,562 130,300 124,611 135,666 11,055 4.12% 8.87% August 119,843 115,092 109,760 114,503 4,743 -0.51 % 4.32% September 78,107 87,126 83,472 91,016 7,544 4.46% 9.04% October 57,330 60,325 58,721 60,512 1,791 0.31 % 3.05% ., .~ - _ "~ - ~ ~; - .~. _ " Total 1,374,416 1,473,597 1,377,549 1,554,367 176,£318 5.48u~, 12$4% - ~, i November 67,602 71,641 68,792 December 253 449 , 2 76,725 260,659 ,7~~ • ~ 'y 7'1~ J. _S' ~".. .JTT. ~.~. Total 1,695,467 1,821,963 1,707,000 1,554,367 176,818 ' Month Town of Vail. .Conference Center Lodging Tax (1.5%) Worksheet 11 /29/2005 2005 Budget zoos 2004 Budget Co/%ctions Variance hange from ?004 Change /rom Budget January 258,035 304,140 276,303 308,828 32,525 1.54%. 11.77% February 314,645 354,159 321,744 365,332 43,588 3.15%: 13.55% March 342,984 333,006 302,527 411,599 109,072 23.60%. 36.05% April 64,246 87,147 79,171 70,281 (8,890) -19.35%; -11.23% May 15,964 18,027 16,377 21,370 4,993 18.54%+ 30.49% June 54,153 56,662 51,476 67,648 16,172 19.39% 31.42% July 84,422 94,611 85,951 95,624 9,673 1.07°k 11.25% August 81,820 82,900 75,312 75,379 67 -9.07%- 0.09°!0 September 42,569 48,706 44,248 53,726 9,478 10.31 %, 21.42% October 25,131 28,707 26,080 25,301 (779) -11.86°rb -2.99% "dotal 1,283,969 1,408,065 1,279,189 1,495,088 215,899 6.18°~6 16.88% November 29,089 33,037 30,013 December 260,232 289,276 262,798 Total 1,573,290 1,730,378 1,572,000 1,495,088 215,899 Vail Visitor Information Center ~~RTOATE: ,_~ Town of Vail Executive Summary October November Deeemba YTD January February March Aprll May Juns July August September ONober November December YTD W Operating Hours 160 198 358 LFi Operating Hours 188 202 390 Total 348 400 748 W Visitation 1989 1564 3553 LH Visitation 2231 1548 3779 Total 4220 3112 7332 9ooklnps East Vail 1 1 2 Vail Village 54 41 95 LionsHead 8 19 27 Sandstone 3 3 Caspde Village 2 2 4 W~tlleil 1 1 2 Total 66 67 133 Revenw @ast Vall $2,877.50 $189,000.00 $191,877.50 Vail Village $6,448.00 $6,724.00 $13,172.00 LionsHead $1,106.00 $3,715.00 $4,821.00 &artdstpne $1,401,45 $1,401.45 Cascade Viltage $587.00 $435.00 $1,022.00 WestVail $213.00 $127.00 $340.00 Total $11,031.50 $201,402.45 $212,433.95 Commission Free Revenue $1,654.73 $30,210.37 $31,865.09 3~•Visiror. o . ~r - - VAILVALLEY . - ~ Chamber&Tourism Bureau ~, ~:i" Srreccss in Motion ~. ' D`ear'`Fly yail,Summer Supporter . The. 2005 summer program was a challenge, but the Regional Air Council feels it ~VaS an o~~er~all° success. The Eagle County Regional Airport had the busiest summer ever wadi over- 38;000 passengers departing during the months of June, July, August and .. ~ ~ ~ September which represents a 30.1 % increase over the 2004 summer (see attached chart). Even ~'tll,these positive growth trends, American had a shortfall of $50,594; this is .~r~ ~ w~. ~~mgTe~ than in past summer programs because of 7 additional days of service in June, ,• - whicwas a .requirement of AA and a higher seat restriction on the outbound flight. z ~~, :~. . Un~,tdd?s shortfall was $430,356 but was negotiated down to $160,688 because of operatioxial`issues, financial caps, yield management of the seat inventory and fares. The ~~ ~•. ~:,tot~l si~rt: fall for both airline guarantees is $211,282. - ~~. ;:. ~ . ~r . .. . Th'e tiered matrix has Eagle County first in line with a payment off' $150,000 then the' busr~ss community will need to pay for the balance of $61,282. Included in this ~~ ., i~nailing='~sahe financial detail of the payments due for the 2005 summer program and your individual invoice. The Regional Air Council feels that this is a growth program and ~;`.,• _.. as the airport continues to increase the service levels there may be years nn which the ° ::;Y ~ supporters will need to make payments. ~. °~- We appreciate your support and look forward to working with ymu on a successful ti~r ~ z {2~?06 surruner program. ~ ,~ , ~ ~ '~ tr' i. 2 '~~^~ t '.'. - 7 t 1 4 .. . ~.<;~~ `` ~ ~;~ 3 Sincerely, ~~ -` _:~' ~ ; ~ ~ , Regional Air Service Council ,~.~ 3 ,` ~;~~~ ,, h = 3 ~. ~~ - ~" ~ ` 100 East Meadow Drive • Suite 34 • Uail CO 81657 p 970-476-1000 • f 970-47G-6008 ww:v. visitvailvalley. com EAGLE COUNTY REGIONAL AIRPORT (EGE) HISTORICAL PERSPECTNE OF 6UMMER ENPLANEMENTS VS TOTAL SEATS STATISTCS SHOWN ARE FROM JUNE 1- SEPTEMBER b OF EACH SUMMER SEASON BASED ON NUMBERS REPORTED BY EAGLE COUNTY REGIONALAIRPORT 0o a ] fio mas t FupAb Lomp%b0: AmetlrAn D 61 & BB UniledUNW Eapn.a ]OB IOB 266 161 Tebl: 266 IfiB 150 SIT A.Iml Avtlbbb BUb: nm.nan o 1]z1o laua 1a5o UNIO6A1rBIW E>q.a. 66]6 66]6 21066 ]>IB5 Tobl Avalbbb S.ab 66]8 21816 351fA 6]815 Enpbmm.nb: -- Ame6un 0 10712 ]1028 11551 UnlledUNb6 Eapmea B]B9 5610 17301 T5282 Tobl: 8368 18561 262]0 36616 Lo.O Facnr: AmeOt~n a1.1% ex.3% 701% UNb6 5L3% 1BA% 87.6% Tobl: 1].7% TS.T% ]B.B% 662% _J Fly Vail Summer Uudate United Overview - The loss on UAL for the 2005 summer was $430,000, however the there was a financial cap of $250,000 in the contract. United has agreed to reducing the short fall to $160,000 and service the ORD-EGE market next summer under the follow conditions: • Change the schedule of the flight so it arrives in EGE no later than 6:30 PM • Change the contract to segment cost vs a system cost • Use only the Air Bus 320 aircraft • Reduce the 2006 summer cap to $125K Below is a summary of the UAL Chicago service for the 2005 summer: • 44% of the passengers were from ORD • June LF 49%, July LF 65%, Aug LF 74% and Sep 60% with losses of $211K, $114K, $83K and $21K respectively • In the summer of 2005 (June, July and August) 21,051 passengers flew on all UAL flights to EGE vs 13,087 in the summer of 2004 a 8,000 passenger increase • There has been no cost of the service discussed for next summer. American Update - The AA DFW service had a $50,500 loss for the 2005 summer. This is more than in past summer programs but there were 7 days of service in June because of the requirement of AA to start the program on June 9~' and a higher seat restriction on the outbound flight. American has been contacted about: • Secure the similar service as in Summer 2005 • A reduction of the cap to $125,000 Below is a summary of the AA Dallas/Ft. Worth service for 2005 summer: • AA carried 10,700 passengers this summer - If the total loss is $SOK we need to charge $5.00 more per round trip ticket to breakeven. • 43% of the passengers were from DFW . • June LF 55%, July LF 71 %, Aug LF 66% and Sep LF 50% with $138k (L), $124K (P), $3K (L) and $33K (L) respectively • AA will fly 10,707 to EGE this summer vs 11,029 in summer 04 2005 Financial Summary - There was a total of $210,000 loss for the 2005 summer, the breakdown for the individuals, governments, organizations and companies aze on the spreadsheet. 2006 Program - The strategy and schedule for the 2006 summer air program will be similaz (the dates of operations may change) as the 2005 program with service from ORD on United and DFW on American. The Fly Vail Summer supporters want to focus on improving the financial results of the flights verses the increasing the seats, however if there is an expansion opportunity it will be considered. There will be changes in the United Airlines program as mentioned above but there are some significant differences in the total financial caps, which now equal $250,000 for both programs. This is a reduction of 55% or $200,000 from the previous year. With that in mind, the fi ancial support for Fly Vail Summer will have a different structure. Eagle County will continue to take the first position of the financial guazantees and budget $50,000 towards marketing but would like to defer the administration cost to the business community. The county has paid $170,000 in guarantees for the summer service, $150,000 in marketing and $80,000 in administration fees over the past three years. The business supporters have paid $60,000 in guarantees $75,000 in marketing and $60,000 in administration fees since 2003. In-kind marketing efforts exceed $2,000,000 from the community since 2003. The administration cost for the 2006 summer program is $80,000 including Airplanners contract, summer long airport survey, insurance premium (required by the airlines) and coordination. An analysis is attached showing the administration cost being allocated on pro-rata basis on the second tier. The $600,000 pledge amount needs to remain in place for expansion opportunities in 2006; any service expansion options and distributes the administration cost over a larger number of supporters. t zz£•~I15 0.4[os~ Sot34 UAL Lcss I6C69.9 Taall 211:82 M Flv Vail Surnmec Fttndiny v ° ° Z~705 Suer ~ner P.esuHS ~ Amounl Arrt OUr I~ ..,,,____,__.,_„ bf r~n,~,r Pn-cenl Due 1slTler Percent Oue„ 2ndTler 3rd Tier TrJtal ' r ' ! 0000 1~]00~ 1st Bank ?.1 ine Bank 10000 Ia700 ° 1 25GCG 10000 2500] '.07~1C 5GC`OG Beow_r trek Resort Gcn am' Seaver Creek Resort tilerchants 50]00 5C]~7 }5 b 9 676.8 14.81 1.4856 S 907.8a = 25C4 2500 25GD 2506 5600 54D0 Btvn=_ Real Es!ate!Pezk Fra ernes 5GC•3 1.43 b S 907.05 , 2500 2y]0 C~Ic•rado t'susrness Bzrk 'e500: 25C3 2500 Ltiolar:,ari,Rerla~ 2500 ~ 7.46°5 S 907.88 2500 250E Dauc Land.r 2300 'SC7C~] 200000 Earle County =25t VJesl Partners 20000 1C•0•]C. 10G_OOio 5 15C 000 iSGGOG ' 2.96%6, S 1.b15.76 5000 & 2500 SCGC• 2EA0 10000 5000 Fertres Real 5s13te Grou 5GC~7 di•nCar i{ 15GGD Manor ~: a l 2500 , 1.48 i6 5.97°:° 0 74°'° S 907.6 3 3.63'__53 1]000 S 453.9: 125] 5000• 1250 3CJ0 15000 25GC 3000 fvlilennium Bank 3000 ~ Fork tivatt f?szverCreek Resort a .d S •a 22500 5.9345 5 3.E3i.5] 16600 125C3 22500 Ritz-Carlton Ba,:helorG~~l+~ 22500 5.934e S 3.631:53 10600 (2560 22500 5filer. S1tih ant Fram •l0~ 1•JC04 2.96',ii S 1 815.76 5000 5000 IOOG4 Sonnenal Resort cf Vai{ 22500 5;33'N S 3631.53 100]0 12500 225C3 Siescman Cli'1ic 5060 5000 5]GC The Resat Com srr• 10000 2 48°5 5 1 815.76 ~ 5]GO 50:70 iG000 ToNrt oll+:'on 10067 5.834: S 3."031.53 IGCOG 10000 1000] 5.9345E 3 631 ~3 10600 ' 1x700 Tc:vn cl G • sur 10700 T:•:vno(`iail 1GDOC 5.93ro S 3,631.53 10000` Valf 6c•ar~ of P.eal:ors ' iGGOG 10000 10003 Vale Cascades Resod and 5 a 225[0 5.33°:° 3 363r.53 10000 12500 22500 7.41°.0 ~ 4.533.41 1250'J 12500 2E40G Va'I Resorts 2`'000 Vail Va11e Chamber and Tat:rism Burezu 10000 S.QGi°= 5 3.fi31.53 10960 10000 Vai{Val'=v J°t Cenlar 5000 ~ ' 2.9695 5 1.675.78 5066 5000 Vail Valle Su Er Center 1]~]CO 2.9645 S '--Rt5.7i3 5000 1:466 10000 VVR4CiShaN~ Re• 'coal Cancer Censer 1C•3LD 2.9fi'.b S 1.515.76 5000. 5000 1QCGti7 1A'esl5ta• Bask 16006 10000 100b0 T„rflr~ 546']0.3 100.00°:° S 150 GCO.00 ~ 15CA00 160.0045 S 6;.282.0.0 168750 229250 542•CD:! ,,. Flv Vail Summer Fundina~006 Cmm~anv/[lmanbatien Tamat 1N Tiar tea Tler Total istBank 10000 10000 .10000 AI ine Bank . 10000 10000 10000 Beaver Creek Resort Com 50000 50000 50000 Beaver Creek Resort Merchants 5000 5000 5000 B ne Real Estate/Peak Pro rties 5000 5000 5000 Colorado Business Bank 2500 2500 2500 Dollar Car A Rental 2500 2500 2500 Dcu Landin 2500 2500 2500 Ea le Coun 150000 150000 150000 East West Partners 10000 10000 10000 Forbes Real Estate Grou 5000 5000 5000 Jim Ca ill 15000 15000 15000 Manor Vail 2500 2500 2500 MIIlennium Bank 3000 3000 3000 Park H att Beaver Creek Resort and S 22500 22500 22500 Ritz-Carlton, Bachelor Gulch 22500 22500 22500 Slifer, Smith and Fram ton 10000 10000 10000 Sonnenal Resort of Vail 22500 92500 22500 Steadman Clinic 5000 . 5000 5000 The Resort Com 10000 10000 10000 Town of Avon 10000 10000 10000 Town of G um 10000 10000 10000 Town of Vail 10000 10000 10000 Vail Board of Realtors 10000 10000 10000 Vail Cascade Resort and S 22500 22500 22500 Vail Resorts 25000 25000 25000 Vail Valle Chamber and Tourism Bureau 10000 10000 10000 Vail Valle Jet Carrier 5000 5000 5000 Vaii Valle Su a Center 10000 10000 10000 VVMC/Shaw R tonal Cancer Center 10000 10000 10000 WestStar Bank 10000 10000 10000 Davelo rs 30000. ::. 30000 M~or!CorUactors - 3e000 30000 TrartS riatipn -- 15000 15000 - _ _-_ Real Estate _----_ _~ __ Totals 498000 150000 423000 573000 N"~w:FBls ~fo? 2008 _ Adman Adman Total Pen;ent Cost Commit 12.0% 1,200 11,200 12.0°~ 1,200 11,200 12.0% 6,000 56,000 12.0% 600 5,600 12.0% 600 5,600 12.0% 300 2,800 12.0% 300 2,800 12.0% 300 2,800 12.0% - 150,000 12.0% 1,200 11,200 12.0% 600 5,600 12.0% 1,800 16,800 12.0% 300 2,800 12.0% 360 3,360 12.0% 2,700 25,200 12.0% 2,700 25,200 12.0% 1,200 11,200 12.0% 2,700 25,200 12.0% 600 5,600 12.0% 1,200 11,200 12.0% 1,200 11,200 12.0% 1,200 11,200 12.0% 1,200 11,200 12.0% 1,200 11,200 12.0% 2,700 25,200 12.0% 3,000 28,000 12.0% 1,200 11,200 t2.0°!0 600 5,600 12.0% 1,200 11,200 12.0% 1,200 11,200 12.0% 1,200 11,200 12.0% 3,600 33,600 12.0% 3,600 33,600 12.0% 1,800 16,800 50,760 623,760 TOWN OF VAII. REVENUE HIGHLIGHTS November 30, 2005 Sales and Related Taxes Sales tax for the month of October is expected to be up 4.2% from October 2004 and favorable to budget by 9.4%. Year-to-date through October collections estimated at $13.2 million will be up 5.6% from the same period last year and up 11.9% from the original budget. Collections through October remain higher than any year in the town's history exceeding the next highest year, 2001, by just 2.2%. Our latest estimate of full year collections, which is included in the proposed amended budget, is $16.1 million. Conference center sales and lodging taxes for October of $85,813 are down 3.6% from last yeaz and up 1.2% from the original budget. For the year-to-date, total conference center taxes of $3,049,455 aze up 5.8% from the same period last yeaz and up 14.8% from budget. Construction Permit Fee Revenue Construction permit fees have reached record levels as a result of major redevelopment projects with fees of $1,459,296 collected through November 25, 2005. Eight major projects, Arrabelle, Forest Place, Gore Creek Place, One Willow Bridge Road, Sonnenalp Resort (20 Vail Road), Tivoli, Westhaven Condominiums, and Vail Plaza Hotel account for approximately $900,000 of the revenue to date. Our latest estimate of construction permit fees, which is included in the proposed amended budget, is $1.6 million for the yeaz. Construction permit fees include building, electrical, mechanical, plumbing, and sprinkler permits. Recreational Amenities Fees The recreational amenities fee is a separate fee chazged on all new residential squaze footage at the time a building permit is issued. This fee is recorded in the Real Estate Transfer Tax (RETT) Fund. Redevelopment projects aze also having a major impact on this revenue. $369,471 has been remitted during the first eleven months of 2005 compazed with $173,065 for the ~ same time period last yeaz. Five major projects (Arrabelle, Forest Place, Gore Creek Place, Sonnenalp Resort, and Westhaven Condos) generated $319,313 of the year-to-date revenue and we have exceeded the full-year 2005 amended budget of $360,000. Real Estate Transfer Tax (RETT) RETT collections through the end of November aze $5.9 million compazed with $4.2 million through the end of November last year. Major transactions (over $10 million selling price) in this account include: sale of the Chateau to the Four Seasons developer; continued sales of Crossroads units to the developer; sales to the public of Vail Mountain Lodge timeshazes; sales to the public at Founders' Park Gazage; sale of the Vail Marriott; and sale of Cascade Crossing and the Vail Professional Building. We aze on track to exceed our amended 2005 budget of $6.0 million. 051206 Revenue Highlights _ j _ RESOLUTION N0.22, SERIES OF 2005 OPPOSITION TO HOUSE BILL 4241 Whereas, the Town of Vail Council and Town of Vail citizens are concerned and astonished by the proposed amendments to the 1872 Mining Law, included in the House Reconciliation Bi114241, passed by the House of Representatives and sent to the United States Senate for approval on November 18, 2005. This Bill's miscellaneous amendments relating to mining will eliminate existing requirements requiring proof that lands being patented for mining claims have minerals that will actually be mined. This is so broadly defined in Section 6204 of the Bill that developers, for example, could buy federal land for as low as $1,000 per acre or fair market value, without regard to the mineral deposits in the land or use of such land for mineral activities, then "flip" it quickly for development projects such as trophy homes, subdivisions or commercial development. The Town of Vail Council agrees with the Denver Post editorial of November 10, 2005, stating this proposal is "an egregious disregard for the public interest." Whereas, the Town of Vail has historically worked closely with the Federal Government through the U.S. Forest Service concerning mutual land interests around the Town of Vail. In 1997 the Town signed an agreement with the U.S. Forest Service called the Town of Vail - U.S. Forest Service Land Ownership Adjustment Agreement, which committed the town to de-annex all federal lands within the town boundary. The U.S. Forest Service committed to maintain U.S. Forest System lands around the Town for public recreational use and natural resource protection. Therefore, since 1997 there are no U.S. Forest Service lands within the Town of Vail, resulting in the U.S. Forest Services working diligently to protect federal lands adjacent to Vail from private development. This Bill could potentially violate the Town of Vail agreement with the U.S. Forest Service. Whereas, according the Denver Post editorial, nearly 24 million acres of federal land in Colorado would become eligible for sale to the public. Passage of the proposed amendments to the Mining Law would be devastating to the Town of Vail and the State of Colorado. It is vital that maintaining the integrity of our natural resources is critical to Vail's future and success as a year round international resort destination. This Bill reaches far beyond what its sponsors claim to accomplish and is in direct conflict with Colorado's legacy. Whereas, the State of Colorado and specifically the Town of Vail is a unique, beautiful, natural place that draws visitors from throughout the United States and the world for its pristine beauty and outdoor recreation opportunities. The Town of Vail vehemently opposes the House Bi11 4241, that would lead to an abuse of power over our lands and we prepared to work diligently with our Senate colleagues and stakeholders to defeat it. NOW, THEREFORE, BE IT_RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL: VOCIFOROUSLY OPPOSES HOUSE BILL 4241. INTRODUCED, READ, APPROVED AND ADOPTED this 6TH day of December, 2005. Rodney Slifer, Mayor ATTEST: By: Lorelei Donaldson, Town Clerk