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HomeMy WebLinkAbout2006-04-18 Support Documentation Town Council Evening SessionTOWN COUNCIL EVENING SESSION AGENDA 6:00 P.M. TUESDAY, APRIL 18, 2006 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: Citizen Participation. (10 min.) 2. Lorelei Donaldson ITEMlTOPIC: Appointments to the Vail Local Licensing Authority. (LLA) and Vail Local Housing Authority (VLHA) boards: (5 min.) ACTION REQUESTED OF COUNCIL: 1) Please interview the Local Licensing Authority (LLA) applicants to fill two vacancies at the work session and appoint two people to the LLA board at the evening meeting; and 2) Please interview the Vail Local Housing Authority (VLHA) applicants at the work session and appoint one applicant to the VLHA (term expires May 31, 2011) at the evening meeting BACKGROUND RATIONALE: LLA: All applicants to the LLA must be citizens of the United States, qualified electors of the Town of Vail, and have resided in the Town of Vail for not less than two years. preceding appointment, and shall have no direct financial interest in any license to sell alcoholic beverages or any location having any such license. Duties of the five-member board include review of all Town of Vail liquor license applications. There are currently two vacancies on the LLA. The Town received four (4) applications for the vacancy. The Council needs to interview the applicants at the work session and then make the appointment to the LLA at the evening meeting. The applicants are: 1 t 4 }i B 3. Gregg Barrie Kaye Ferry* Connie Knight Robert McKown* Bryant Roth *Incumbent board members I have enclosed an attendance summary for the LLA for your review. Ve Applicants must be full-time, year-round residents of Eagle County who either are residents of the Town of Vail or work for a business holding a Town of Vail business license. Authority members must have a proven ability to be an effective advocate for a full range of housing projects and be able to promote a vision for local employee housing that has been approved of by the majority of the Authority. The role of Authority members is to act as Board of Directors for the business of the Vail Local Housing Authority. The duties may include Budget Approval, Adopting Policies, Advocacy, Staff Oversight, Strategic and Long-Term Planning, Setting Development and Acquisition Parameters and potentially managing the existing Town of Vail deed-restricted housing inventories. Technical experience in one of the following areas is also desirable: Financing of Large ~ Projects, Development, Construction/Construction Management, Planning, Design, or Legal. The applicant is: Mark Ristow* *Incumbent board member I have enclosed an attendance summary: for the VLHA for your review. RECOMMENDATION: Appoint two people to the LLA, and appoint one person to the VLHA. ITEMlTOPIC: Gore Creek Promenade . Pedestrian Bridge Replacement. (5 min.) ACTION REQUESTED OF COUNCIL: Staff is requesting three 2 items: 1. Increase the Pedestrian Bridge Project budget by $170,000 to $295,000. 2. Authorize the Town Manager to enter into a contract with B & B Excavating, Inc. to construct the Gore Creek Promenade Pedestrian Bridge Replacement Project in the fall of 2006 in conjunction with the Village Streetscape Improvements. 3. Approve the AIPP expenditure of up to $30,000 for the artistic railing panels. (Item B below) BACKGROUND RATIONALE: A. Pedestrian Bridge Replacement An evaluation of the bridge indicates that it is under designed for its intended use. Alternatives have been discussed in depth with the Town Council and include full removal of the bridge, partial removal of bridge components, and replacement of the bridge structure on the existing abutments. At the April 4, 2006, Council Work Session, the Town Council directed staff to proceed with replacement of the bridge structure on the existing abutments. Alternatives were considered in conjunction with proposed improvements to the Whitewater Park. Design work is continuing on the Whitewater Park and staff will return in the near future for additional direction on that project. B. Artwork for Pedestrian Bridae This project was originally brought to the Town Council and approved in 2002; however, modifications have been made to keep within budget. A jury composed of Vail residents chose the artist. The current proposal combines eight art panels with traditional spindles. The panels depict Vail recreational activities and are made of layered perforated stainless steel. Art in Public Places voted unanimously to approve the artwork shown in the attached drawings. The board is working with the artist to finalize construction details. AIPP has approved spending up to $30,000 on the project. STAFF RECOMMENDATION: Based on previous discussions with the Council, staff recommends: 1. Increase the Pedestrian Bridge Project budget by $170,000 to $295,000 to be paid from RETT funds. 2. Authorize the Town Manager to enter into a contract with B & B Excavating, Inc. to construct the Gore Creek Promenade Pedestrian Bridge Replacement Project in the fall of 2006 in conjunction with the Village Streetscape Improvements. 3. Approve the AIPP expenditure of up to $30,000 for the artistic railing panels. 4. Warren Campbell ITEM/TOPIC:. First reading of Ordinance No. 9, Series of 2006, an ordinance repealing and re-enacting Ordinance 2, Series of 1997, Flaum -The Valley Phase V, Special Development District (SDD) No. 34, amending and reestablishing SDD No. 34, in accordance with Section 12-9A-10, Amendment Procedures; Vail Town Code, to allow for a major amendment to SDD No. 34, Flaum -The Valley Phase V, to increase the allowable gross residential floor area for (GRFA) employee housing units (EHUs) and associated garages within the district, and setting forth details in regard thereto. (1'0 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 9, Series of 2006 on first reading. BACKGROUND RATIONALE: On March 27, 2006, the Town of Vail Planning and Environmental Commission voted 6-0-0 (Viele absent) to forward a recommendation ~ of approval for a proposed amendment to SDD No. 34, Flaum -The Valley Phase V, to the. Vail Town Council, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the increase in the allowable GRFA for EHUs within the District from 500 square feet to 850 square feet and to increase the allowable size of the EHU garage from 300 square feet to 400 square feet, located at at 1521, 1601, and 1631 Buffehr Creek Road/Lots A-C, The Valley Phase V, and setting forth details in regard thereto. A copy of the staff memorandum to the Planning and Environmental Commission, dated March 27, 2006, has been attached for reference. STAFF RECOMMENDATION: The Community Development Department recommends that the- Vail Town Council approves Ordinance No. 9, Series of 2006, on first reading. 5. Russ Forrest ITEMlTOPIC: Emergency Ordinance No..13, Series of 2006: Moratorium on new planning applications in the Lionshead Mixed Use 1 and 2 zone district which consider a net loss in accommodation units, employee housing units, and parking. (30 min.) BACKGROUND: Upon review of the Lionshead Mixed Use 1 and 2 Zone District, staff has concluded that it is possible for a existing hotel to be demolished and redeveloped as a condominium project or other use consistent with the Lionshead Mixed Use 1 and 2 zoning. This could result in the net loss of hotel rooms 4 which is counter to the general policy of the Town and the Lionshead Redevelopment r Redevelopment Plan which encourages the creation of "live" rooms. Furthermore, the Lionshead Redevelopment Master Plan does stipulate that there shall be no net loss of parking spaces and employee housing units (EHUs). However, this is not codified and staff feels that this policy should be incorporated into Title 12 to ensure clarity and enforcement of this policy. The purpose of this emergency ordinance is to prevent application of any new development project in the Lionshead Mixed Use 1 or 2 zone districts which would propose a net loss in hotel rooms, parking, or employee housing units within 60 of the approval of Ordinance 13, Series of 2006 while an amendment is being considered to affect the above mentioned changes. An application was made on April 5, 2006 by the Town of Vail to amend the Lionshead Mixed Use 1 and 2 Zone District along with amending the Lionshead Redevelopment Master Plan. Within that 60 day time period, the Town would propose amendments to the above mentioned zone districts and the Lionshead Redevelopment Master Plan. STAFF RECOMMENDATION: After considering the considerations outlines in the staff memorandum approve Ordinance 13, Series of 2006. 6: Judy Camp . ITEM/TOPIC: SECOND READING OF ORDINANCE NO. 8, Series of 2006, AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL. PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HEAVY EQUIPMENT FUND, AND DISPATCH SERVICES FUND OF THE 2006 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. (15 min.) ACTION REQUESTED OF COUNCIL: Approve or approve with amendments the second reading of Ordinance No. 8, Series of 2006. BACKGROUND RATIONALE: To be provided in a separate memo. STAFF RECOMMENDATION: Staff recommends Town Council approves or approves with amendments Ordinance No. 8, Series of 2006, upon second reading. , 7. George Ruther ITEM/TOPIC: Second reading of Ordinance No. 1.0, Series of. 2006, an ordinance repealing and re-enacting Chapter 12-20, Annexed Areas, Vail Town Code, to amend the process for zoning district determination of annexed areas, and setting forth details in regard thereto. (5 min.) 5 ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 10, Series of 2006 on second reading. BACKGROUND RATIONALE: On March 10, 2006, the Town of Vail Planning and Environmental Commission voted 6-0-0 (Viele absent) to forward a recommendation of approval for a proposed text amendment to the Vail Town Code. On April 4, 2006, the Vail Town Council approved first reading of Ordinance No. 10, Series of 2006 as read. No changes have been made since first reading. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 10, Series of 2006, on second reading. 8. Matt Mire ITENUTOPIC: Second reading of Ordinance No. 11, Series 2006, An Ordinance of the Town of Vail Annexing Certain Real Property To the Town of Vail. (5 min.) ACTION RE®UESTED OF COUNCIL: Table Ordinance No. 11, Series of 2006, on second reading until May 2, 2006, to allow for the Vail Corporation to close on the Annexation Property. BACKGROUND RATIONALE: On February 14; 2006, The Vait Corporation filed with the Town Clerk for the Town of Vail a Petition for Annexation requesting that the Town Council of the Town of Vail commence proceedings to annex to .the Town of Vail a certain parcel of'land located in Section 8, Township 5 South, Range 80 West, of the 6 Principal Meridian, County of Eagle, State of Colorado, the approved final legal description of which is set forth as Exhibit A in this Ordinance No. 11. (the "Annexation Property"). The Town Council, by Resolution No. 6, Series of 2006, has also determined with regard to the Petition for Annexation for the Annexation Property: (i) the applicable requirements of C.R.S. §§ 31-12-104 and 31-12-105, have been met; (ii) an election is not required under C.R.S. § 31-12-107(2) or 31-12-112; (iii) no additional terms and conditions are to be imposed on the annexation of the Annexation Property; and (iv) the Annexation Property is eligible for annexation to the Town of Vail. Accordingly, this Ordinance 11 shall operate to annex the Annexation Property to the Town of Vail. STAFF RECOMMENDATION: Table Ordinance No. 11, Series of 2006, on second reading until May 2, 2006, to allow for the Vail Corporation to close on the Annexation Property. 9. Matt Mire ITEM/TOPIC: Resolution No. 12, Series 2006, A Resolution Approving the Purchase of Land in the Town of Vail Commonly known as Parcel No. 210311415019 by the Eagle County Assessor's Office, and Legally Described as Parcel A, a resubdivision of Tract D, a resubdivision of Vail Schone Filing No. 6 1, Town of Vail, Eagle County, Colorado. (5 min.) ACTION REQUESTED OF COUNCIL: Approve Resolution No. 12, Series 2006. BACKGROUND RATIONALE: the Council considers it in the interest of the public health, safety and welfare to purchase the real property and improvements thereon with the physical address of 2399 N. Frontage Road, Vail, Colorado, commonly known as Parcel No. 210311415019 by the Eagle County Assessor's Office, and legally described as Parcel A, a resubdivision of Tract D, a resubdivision of Vail Schone Filing No. 1, Town of Vail, Eagle County, Colorado (the "Property"). Approval of Resolution No. 12, Series 2006, is required to purchase the Property. STAFF RECOMMENDATION: Approve Resolution No. 12, Series 2006. 10.Todd Oppenheimer ITEM/TOPIC: Raw Water Conversion Project -Intergovernmental Agreement. (10 min.) ACTION REQUESTED OF COUNCIL: Review the attached IGA for the Raw Water Conversion Project and authorize the Town Manager to enter into the agreement with the Eagle River Water and Sanitation District (ERWSD). BACKGROUND RATIONALE: The Town of Vail and the ERWSD, in November of 2003, jointly completed a feasibility study investigating the conversion of the irrigation systems in Ford Park and Donovan Park from treated water to raw water supply. Having found the work and finances to be feasible, the District has prepared construction documents and 'has hired a contractor to perform the work. The cost of the work to be paid by the District is $396,210.65. The cost of construction is to be reimbursed to the District by the Town over a 20 year period through' the water rates paid by the town. All pumping and filtration equipment will be owned and maintained by the District. The conversion to raw water will decrease the overall cost of water for these two parks and will decrease the treatment costs for the District. The savings to the Town varies year to year within the 20 year period and is projected to be $10,000 the first year and $20,000 at year 20. Work is scheduled to begin in early May to avoid high water during spring run off. STAFF RECOMMENDATION: Authorize the Town Manager to enter into an Intergovernmental Agreement with the ERWSD to convert the irrigation systems in Ford and Donovan Parks to a raw water supply. 11. ITEM/TOPIC: Town Manager's Report. (10 min.) 7 12. ITEM/TOPIC: Adjournment. (7:50 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. TUESDAY, MAY 2, 2006, IN VAIL TOWN COUNCIL CHAMBERS Sigri language interpretation available upon request with 48-hour notification. Please call 479-2106 voice or 479-2356 TDD for information. 8 MEMORANDUM TO: Town Council FROM: Stan Zemler, Town Manager Judy Camp, Finance Director DATE: April 12, 2006 SUBJECT: 2005 Results and 2006 Supplemental Appropriation On April 4, Town Council approved the first reading of Supplemental Appropriation #1 of 2006. One change has been made to the supplemental appropriation for second reading. We have added $11,000 to purchase new chairs for the council chambers as discussed in the April 4th work session. On Tuesday evening you will be asked to approve the second reading of Ordinance No. 8 making supplemental appropriations and adjustments to the 2006 budget. The following documents are attached in preparation for Tuesday's meeting. First Supplemental Appropriation Request of 2006 (S 1-3) Summary of Revenue, Expenditures, and Changes in Fund Balances - 2005 Actual Compared with Amended Budget and 2006 including First Supplemental Appropriation - General Fund - GF 1 - Capital Projects Fund - CPF 1 & 2 - Real Estate Transfer Tax (RETT) Fund - RETT 1 &2 - Dispatch Services Fund - DSF 1 - Heavy Equipment Fund - HEF 1 Ordinance No. 8 -1- Version 2 (Changes Higlighted) Second Reading Proposed Supplemental Appropriations and Budget Adjustments #1 of 2006 Revenue Expenditure Increase Increase Description (Decrease) (Decrease) Reason Capital Projects Fund County Revenues 250,000 2005 dollars rolled to 2006 for W. Vail Fire station from Eagle County Vail Commons Commercial Lease 40,000 annual increase not previously budgeted Vehicles R & M (126,000) not needed in 2006, buses more efficient Vehicle 240,000 move up purchase of'07 fire truck due to new emmissions legislation in 2007 Professional Fees 25,000 Legal and zoning costs for Timber Ridge Buy Down Program (25,000) to fund Timber Ridge legal and zoning costs Professional Fees 75,000 Town of Vail Strategic/Community Planning Construction Services (225,000) Meadow Dr 2006 portion of project moved up to 2005, ERWSD Professional Fees 270,264 Fire Infrastruture Imprv-W. Vail Fire Station roll from 2005 Equipment 29,634 For completion of window treatments for Donovan Pav rolled from 2005 Construction Services 7,900 Dobson Ice arena rolled from2005 Construction Services 12,000 Completion of the Vail Gymnastics Center rolled from 2005 Equipment 2,398,942 For the purchase of new buses rolled from 2005 Other Federal Revenues 1,380,032 Federal Bus grant dollars to be received in 2006 rolled from 2005 Computer Hazdwaze 2,260 Cad/RMS project rolled from 2005 Computer Hazdwaze 3,417 CAD/RMS project rolled from 2005 to computer hardware Equipment 45,000 Video cameras for patrol cars rolled from 2005 Vehicles 32,929 Purchase of an end dump rolled from 2005 Buildings ~ 190,000 Buy down program rolled from 2005 Construction Services 94,620 Widening of W. Haven Dr Bridge contingent on Tract K, rolled from~2005 Repairs & Maintenance 200,062 Capital Street Maintenance rolled from 2005 Repairs & Maintenance 44,888 Facility Capital rolled from 2005 Other Improvements 35,875 Parking Structure Maintenance rolled from 2005 Electrical Supplies 16,877 Street light improvements rolled from 2005 for new Streetscape fixtures Construction Services 63,8.72 Drainage improvement rolled from 2005 to Capital Street Maintenance Professional Fees 200,695 LionsHead Improvements rolled from 2005 Construction Services 342,209 I-70 Noise mitigation rolled from 2005, less I-70 police officer Professional Fees 8,940 Revise TOV master palans rolled from 2005 Professional Fees 34,342 West Vail area plan rolled from 2005 Construction Services 49,984 Way Finding Improvements rolled from 2005 Construction Services 232,092 West Meadow Drive rolled from 2005 Construction Services 1,461,497 Village Streetscape rolled from 2005 Subtotal Capital Projects Fund 1,670,032 5,742,299 Supp 1 of 2006 S-1 4/7/2006 9:36 AM Version 2 (Changes Higlighted) Second Reading Proposed Supplemental Appropriations and Budget Adjustments #1 of 2006 Revenue Expenditure Increase Increase Description (Decrease) (Decrease) Reason RETT Projects Fund Other Revenues AIPP Misc Professional Fees . Project Reimbursement Construction Services Construction Services Project Reimbursement Construction Services Construction Services Construction Services Project Reimbursement Construction Services Project Reimbursement Professional Fees Construction Services Tree Maintenance Miscellaneous Miscellaneous Professional Fees Land Construction Services Professional Fees Construction Services Construction Services Construction Services Cascade Bike Path Professional Fees Professional Fees Construction Services Transfer from GF Professional Fees Subtotal RETT Projects Fund 500 Planter use for two sculptures on Meadow Drive 500 AIPP professional fees 70,000 VRD's portion of ADA compliance 70,000 Expenses related to VRD's portion of ADA comliance 35,000 Per Councils' request for cost of conceptual design for Seibert Circle (Wet Design) 60,000 Cascade Village Co-op funding for Gore Valley Trail 60,000 Gore Valley Trail redo (28,000) Funding for Gore Valley Trail from Rec Path Maintenance 28,000 Add'1 expenses for Gore Valley Trail redo 42,034 Holy Cross Enhancement funds for Gore Valley Trail 42,034 Gore Valley Trail 30,000 VRD's portion of Greenplay LLC recreation master planning 60,000 Contract with Greenplay LLC for recreation master planning 102,512 Replacement Skier Pedestrian Bridge contingent on Tract K, rolled from 2005 39,651 Tree Maintenance rolled from 2005 30,491 Street Furniture rolled from 2005 ' 19,500 Bear Proof trash container rolled from 2005 34,881 Stream tract mifihation project rolled from 2005 493,447 Property acquisition rolled from 2005 49,050 Donovan Park drainage and landscaping rolled from 2005 100,000 Skate Park design fees rolled from 2005 218,997 Big Horn Park improvements rolled from 2005 27,557 Irrigation control rolled from 2005 4,392 Trailhead signs rolled from 2005 183,950 Cascade Bike Path/Gore Valley Trail rolled from 2005 176,700 Public Art rolled from 2005 17,027 Meadow Drive rolled from 2005 585,706 Seibert Circle rolled from 2005 9,378 2005 Manhole profits transferred to RETT fund 9,378 2005 Manhole profits to Public Art 211,912 2,360,773 Supp 1 of 2006 S-2 4/7/2006 9:36 AM Version 2 (Changes Higlighted) Second Reading Proposed Supplemental Appropriations and Budget Adjustments #1 of 2006 Revenue Expenditure Increase Increase Description (Decrease) (Decrease) Reason General Fund Project Reimbursement Property Taxes Conference Center Fees Other Federal Grants Overtime Benefits Seasonal Salaries Seasonal Benefits HEF Operating Expenses Transfer to RETT Salaries Furnihue under $SK Volvo Contract Vendor Rack Fee Subtotal General Fund Dispatch Service Fund E911 Board/Phone Project Misc Capital Outlay Other Federal Grants Salaries Overtime Benefits Shared Projects/Reimbursement Access Charges/Communication Subtotal Dispatch Service Fund Heavy Equipment Fund HEF Operating Charges Vehicle Repair Parts Motor Fuel Subtotal Heavy Equipment Fund Total All Funds 29,760 VRD reimbursement for shared communications position 15,068 Increase in property taxes to actual from budget estimate (179,250) Conference Ctr management fees budgeted for 2006 7,278 Hurricane Katrina reimbursement Camp Colorado 6,928 Expenses incurred for Hurricane Katrina Camp Colorado 350 Expenses incurred for Hurricane Katrina Camp Colorado 36,003 Increase in winter bus schedule in April 4,219 Increase in winter bus schedule in April 32,178 Increase in winter bus schedule in April 9,378 2005 Manhole cover sales profit to RETT fund 19,000 Finance position restructured 11,000. ~ ..Per council's request 15 new chairs for chainhers 20,000 Volvo contract revenue dollars not received ui 2UU~ 5,008 Vendor rack fee collected for Vail Info Centers (102,136) 119,056 15,391 Satellite communications system for Comm Vehicle from E911 Borad 15,391 Satellite based communications system for Communication Vehicle 9,186 Hurricane Katrina reimbursement Camp Colorado 6;971 Expenses incurred for Hurricane Katrina Camp Colorado 1,672 Expenses incurred for Hurricane Katrina Camp Colorado 543 Expenses incurred for Hurricane Katrina Camp Colorado 24,750 Agency fees for DSL network & wireless air cards 24,750 Cost of DSL network and wireless air cards of agencies 49,327 49,327 32,178 Increase in winter bus schedule in April 16,178 Increase expenditures due to increase in winter bus schedule in April 16,000 Increase expenditures due to increase in winter bus schedule in April 32,178 32,178 1,861,313 8,303,633 Supp 1 of 2006 S_3 41712006 9:36 AM Supplemental 1 of 2006 Second Reading TOWN OF VAIL 2006 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE GENERAL FUND Revenue Local Taxes: Sales Tax Property and Ownership Ski Lift Tax Franchise Fees, Penalties, and Other Taxes Licenses 8~ Permits Intergovernmental Revenue Transportation Centers Charges for Services Fines & Forfeitures Earnings on Investments Rental Revenue Miscellaneous and Project Reimbursements Transfer from Capital Projects Fund Total Revenue Expenditures Salaries Benefits Subtotal Compensation and Benefits Proposed 2005 Unaudited 2006 Amended 2005 Over (Under) 2006 Amended Budget Actuals Amended Budget Budget 8,796,600 8,796,599 (1) 9,345,660 9,345,660 2,637,458 2,627,877 (9,581) 2,914,000 2,929,068 2,585,000 2,777,698 192,698 2,620,000 2,620,000 795,500 864,544 69,044 819,000 819,000 2,672,350 2,552,470 (119,880) 1,936,575 1,936,575 1,363,911 1,401,068 37,157 1,268,684 1,275,962 3,014,400 3,725,996 711,596 3,298,000 ~ 3,298,000 778,737 862,419 83,682 853,832 694,582 200,800 211,801 11,001 195,000 195,000 120,000 425,941 305,941 150,000 150,000 768,865 745,403 (23,462) 765,913 770,921 613,698 484,421 (129,277) 261,550 291,310 29,300 29,300 - - 24,376,619 25,505,537 1,128,918 24,428,214 24,326,078 10,844,892 10,708,162 (136,730) 11,250,569 11,312,500 3,816,575 3,730,290 (86,285) 3 928,957 3 933 526 14,661,467 14,438,452 (223,015) 15179 526 15 246 026 Contributions and Special Events 825,876 826,283 407 .954,650 954,650 All Other Operating Expenses 5,532,344 5,170,436 (361,908) 5,650,663 5&61.663`,' Heavy Equipment Operating Charges 1,609,506 1,604,875 (4,631) 1,803,299 1,835,477 Heavy Equipment Replacement Charges 581,522 575,527 (5,995) 578,738 578,738 Dispatch Services 559,034 559,034 - 525,994 525,994 Total Expenditures 23,769,749 23,174,607 (595,142) 24 692 870 24 802 548 Revenue Over (Under) Expenditures Transfer to Capital Projects Fund Transfer to RETT Transfer to Dispatch Services Fund Beginning Fund Balance Ending Fund Balance 606,870 2,330,930 1,724,060 (264,656) (476,470) (68,990) (68,990) (38,197) (38,197) - 9,378 (19,500) (19,500) - _ 11,053,614 11,053,614 11,533,797 13,257,857 $ 11,533,797 $ 13,257,857 $ 1,724,060 $ 11,269,141 $ 12,790,765 F:\FINANCE\BUDGET1Budget061SupplementalslFund Supp #1 2006 GF - 1 1st Supplemental of 2006 Second Reatling (No changes) TOWN OF VAIL 2006 BUDGET CAPITAL PROJECTS FUND SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE 3rd Supp Unaudited Proposed Amended 2005 Over(Under) Budget Amended 2005 Actuals Amended 2006 2006 Revenue Sales Tax 7,349,400 7,994,557 645,157 $ 6,230,440 $ 6,230,440 Federal Grant Revenue 1,757,889 19,500 (1,738,389) 811,800 2,191,832 Lease Revenue 150,000 188,160 38,160 150,000 190,000 Transfer from General Fund 68,990 68,990 - - Transferfrom Dispatch 17,020 17,020 - - Project Reimbursement 2,859,962 2,099,960 (760,002) 27,000 27,000 Eagle County Grant Revenue - - - 250,000 500,000 Earnings on Investments and Other 25,000 412,765 387,765 19,000 19,000 Total Revenue 12,228,261 10,800,952 (1,427,309) 7,488,240 9,158,272 Expenditures Equipment Purchases Document Imaging 20,000 15,755 (4,245) 40,000 40,000 Software & Hardware Upgrades 163,387 161,521 (1,866) 77,000 80,417 Software Licensing - - 67,000 67,000 Com Dev Plotter - - 9,000 9,000 Web Page Development/Ecommerce 50,000 47,914 (2,086) 12,000 12,000 Eagle County CAD / RMS Project 266,800 261,128 (5,672) 50,000 52,260 Police Copier - 10,310 10,489 179 - Patrol Car Video Cameras 45,000 - .(45,000) 45,000 Fire Truck - - - 240,000 Fire Department Breathing Apparatus 25,000 24,470 (530) 30,000 30,000 Repower Buses - - 126,000 - Replace Buses 2,430,700 31,758 (2,398,942) - 2,398,942 GPSforBuses 269,280 31,169 (238,111) 375,000 375,000 Vehicle Expansion . 40,300 7,371 (32,929) 32,929 . Subtotal Equipment Purchases 3,320,777 591,575 (2,729,202) 786,000 3,382,548 Capital Maintenance Bus Shelter Replacement 38,000 15,494 (22,506) 10,000 10,000 Capital Street Maintenance 1,584,565, 1,289,883 (294,682) 1,006,940 1,270,874 Widening of W. Haven Dr Bridge 94,620 Parking Structure Improvements 508,740 472,865 (35,875) 627,000 662,875 General Facility Improvements 331,500 286,612 (44,888) 365,000 409,888 Environmentallmprovements - - - 24,000 24,000 Subtotal Capital Maintenance 2,462,805 2,064,854 (397,951) 2,032,940 2,472,257 Street Reconstruction Buildings & Improvements Fire infrastructure improvements 270,635 371 (270,264) 500,000 770,264 Fiber Optics in Buildings 75,000 72,823 (2,177) .15,000 15,000 Dobson Ice Arena 10,000 2,100 (7,900) 7,900 Way Finding Improvements 49,984 - (49,984) 49,984 Donovan Park Pavilion 42,000 12,366 (29,634) 29;634 Vail Gymnastics Center 88,000 57,992 (30,008) 12,000 Subtotal Bldgs I Improvements 535,619 145,652 (389,967) 515,000 884,782 Streetscape Projects West & East Meadow Drive 424,360 192,268 (232,092) 900,000 907,092 East Meadow Drive-Streetscape Heat - - 965,000 965,000 Streetscape Crossroads area CPF-1 1st Supplemental of 2006 'Second Reading (No changes) TOWN OF VAIL 2006 BUDGET CAPITAL PROJECTS FUND SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE 3rd Supp Unaudited Proposed Amended 2005 Over(Under) Budget Amended 2005 Actuals Amended 2006 2006 Village Streetscape 4,411,208 2,943,979 (1,467,229) 1,535,300 2,996,797 Subtotal Streetscape Projects 4,835,568 3,136,247 (1,699,321) 3,400,300 4,868,889 Housing Program Buy-Down Program Timber Ridge Debt Service Guarantee Timber Ridge Loan Timber Ridge Legal/Zoning Subtotal Housing Program LionsHead Redevelopment LionsHead Improvements Subtotal LionsHead Redevelopment Other Improvements Revise TOV Master Plans Street Light Improvement Program Drainage Improvements I-70 Noise Subtotal Other Improvements Total before Financing W. Vail Station Bonds Main Vail Renovations Bonds W. Vail Station Debt Service Main Vail Renovations Debt Service Transfer for Debt Service Transfer to General Fund Total Expenditures Revenue Over (Under) Expenditures Beginning Fund Balance Ending Fund Balance 200,000 10,000 (190,000) 100,000 265,000 - - - 925,000 925,000 700,000 700,000 - - 25,000 900,000 710,000 (190,000) 1,025,000 1,190,000 313,955 113,260 (200,695) 200,695 313,955 113,260 (200,695) - 200,695 100,000 57,527 (42,473)' 50,000 168,282. 50,000 33,123 (16,877) 50,000 66,877 75,000 11,128 (63,872) - - 526,000 115,491 (410,509) 250,000 592,209 751,000 217,269 (533,731) 350,000 827,368 13,119,724 6,978,857 (6,140,867) 8,109,240 13,851,539 2,422,154 2,422,154 - 2,236,200 2,236,200 29,300 29,300 15,571,178 9,430,311 (6,140,867) 10,345,440 16,087,739 (3,342,917) 1,370,641 4,713,558 (2,857,200) (6,929,467) 8,190,902 8,190,902 4,818,685 9,561,543 $ 4,818,685 $ 9,561,543 $ 4,713,558 $ 1,961,485 $ 2,632,076 CPF-2 1st Supplemental of 2006 Second Reading (No changes) TOWN OF VAIL 2006 BUDGET Real Estate Transfer Tax Fund Five-Year Summary of Revenue and Expenditures 3rd Supp Unaudited Amended Amended 2005 Over (Under) Budget 2006 2005 Actuals Amended 2006 Budget REVENUE Real Estate Transfer Tax $ 6,000,000 $ 6,216,488 $ 216,488 $ 6,175,000 $ 6,175,000 Golf Course Lease 115,956 109,462 (6,494) 119,435 119,435 Lottery Revenue 20,000 21,987 1,987 20,000 20,000 Project Reimbursements 206,266 199,769 (6,497) 202,034 Earnings on Investments and Other 92,320 283,235 190,915 56,000 56,500 Transfer from GF 38,197 38,197 - 9,378 Recreation Amenity Fees 360,000 370,157 10,157 125,000 125,000 Total Revenue 6,832,739 7,239,295 406,556 6,495,435 6,707,347 EXPENDITURES Annual Maintenance RETT Collection Costs 300,000 304,393 4,393 308,750 308,750 Recreation Master Planning w/VRD 60,000 Rec. Path Capital Maintenance 63,628 63,628 - 140,000 112,000 Alpine Garden Support 122,000 122;000 - 80,000 80,000 Tree Maintenance 87,000 47,349 (39,651) 33,000 72,651 Forest Health Management 50,000 50,000 - 250,000 250,000 Street Furniture Replacement 37,030 6,539 (30,491) 25,000 55,491 Black Gore Creek Sand Mitigation 100,000 100,000 - 100,000 100;000 Bear Proof Containers 19,500 - (19,500) 19,500 Park, Path & Landscape Maintenance 973,991 833,348 (140,643) 1,213,768 1,213,768 Subtotal Maintenance 1,753,149 1,527,257 (225,892) 2,750,518 2,272,160 Recreation Path/Trail Development Katsos Ranch - 500,000 500,000 Cascade Skier Biridge 106,305 3,793 (102,512) 102,512 Cascade Bike Path 514,966 331,016 (183,950) 313,984 Trailhead Development 36,555 32,163 (4,392) 20,000 24,392 N. Frontage Rd. (School to Roundabout) 57,256 66,716 9,460 - Village Streetscape Design & Implement 2,525,000 2,525,000 - 1,250,000 1,250,000 Meadow Drive 25,000 7,973 (17,027) 1,025,000 1,042,027 Subtotal Pathways 3,265,082 2,966,661 (298,421) 2,795,000 3,232,915 Capital Maintenance ADA Compliance w/VRD 50,000 69,626 19,626 50,000 120,000 Raw Water Project 228,097 540 (227,557) - 27,557 Stream Tract Incursion Survey 35,000 119 (34,881) 34,881 Pirate Ship Park -Per Safety Plan 36,888 47,900 11,012 - Big Hom Park -Per Safety Plan 225,000 6,003 (218,997) 218,997 Retrofit Park Restrooms-3 seasons - - - 200,000 200,000 Park Capital Maintenance 114,500 112,831 (1,669) 95,000 95,000 Public Art 196,174 19,474 (176,700) 75,000 261,578 Sibert Circle 1,134,000 548,294 (585,706) 620,706 Subtotal Capital Maintenance 2,019,659 804,787 (1,214,872) 420,000 1,578,719 Park Development Donovan Park 49,734 639 (49,095) 49,050 White Water Park - - - 118,317 118,317 Gore Creek Promenade Bridge - - - 125,000 125,000 Skate Park 100,000 - (100,000) 300,000 400,000 Vail Memorial Park - - - 50,000 50,000 RETT-1 1st Supplemental of 2006 Second Reading (No changes) Subtotal Park Development Open Lands Open Space Acquisition Subtotal Open Lands Project Management Parks and Landscaping AIPP Subtotal Project Management Total Expenditures Revenue Over (Under) Expenditures TOWN OF VAIL 2006 BUDGET Real Estate Transfer Tax Fund Five-Year Summary of Revenue and Expenditures 3rd Supp Unaudited Amended Amended 2005 Over (Under) Budget 2006 2005 Actuals Amended 2006 Budget 149,734 639 (149,095) 593,317 742,367 500,000 6,553 (493,447) 300,000 793,447 500,000 6,553 (493,447) 300,000 793,447 81,735 78,591 (3,144) - - 56,891 53,853 (3,038) 58,732 58,732 138,626 132,444. (6,182) 58,732 58,732 7,826,250 5,438,341 (2,387,909) 6,317,567 8,678,340 (993,511) 1,800,954 2,794,465 177,868 (1,970,993) Beginning Fund Balance 5,682,551 5,682,551 4,689,040 7,483,505 Ending Fund Balance $ 4,689,040 $ 7,483,505 $ 2,794,465 $ 4,866,908 $ 5,512,512 RETT-2 1st Supplemental fo 2006 Second Reading (No changes) TOWN OF VAIL 2006 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE DISPATCH SERVICES FUND 2005 Unaudited Amended Amended 2005 Over (Under) 2006 2006 Budget Actuals Amended Budget Budget Revenue E911 Board Revenue 345,660 345,660 - 473,074 488,465 Interagency-Charges 814,058 819,504 5,446 864,376 864,376 Town of Vail Interagency Charge 559,034 559,034 - 525,994 525,994 Earnings on Investments - 8,582 8,582 - - Project Reimbursement 21,870 21,870 - - 24,750 Other 23,040 23,040 - - 9,186 Total Revenue 1,763,662 1,777,690 14,028 1,863,444 1,912,771 Expenditures Salaries & Benefits 1,342,322 1,308,848 (33,474) 1,418,874 1,428,060 Operating, Maintenance & Contracts 386,009 376,451 (9,558) 367,398 392,148 Capital Outlay 11,750 13,457 1,707 12,250 27,641 Total Expenditures 1,740,081 1,698,756 (41,325) 1,798,522 1,847,849 Revenue Over (Under) Expenditures 23,581 78,934 55,353 64,922 64,922 Transfer to Capital Projects Fund Transfer from General Fund Beginning Fund Balance Ending Fund Balance (17,020) 19, 500 207,114 (17,020) 19, 500 233,175 233,175 314, 589 233,175 314,589 55,353 298,097 379,511 F:\FINANCE\BUDGET\Budget06\Supplementals\Fund Supp #1 2006 DSF - 1 1st Supplemental of 2006 Second Reading (No changes) TOWN OF VAIL 2006 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE HEAVY EQUIPMENT FUND 2005 Unaudited Amended 2005 Over(Under) 2006 Budget Actuals Amended Budget Revenue Town of Vail Interagency Charge Insurance Reimbursements & Other Earnings on Investments Equipment Sales and Trade-ins Total Revenue Expenditures Salaries 8 Benefits Operating, Maintenance & Contracts Capital Outlay Total Expenditures Revenue Over (Under) Expenditures Beginning Fund Balance Ending Fund Balance Amended 2006 Budget 2,256,246 2,240,908 (15,338) 2,452,651 2,484,829 37,900 63,834 25,934 37,900 37,900 5,300 21,286 15,986 8,000 8,000 101,860 93,612 (8,248) 49,330 49,330 2,401,306 2,419,640 18,334 2,547,881 2,580,059 841,209 758,963 (82,246) 878,289 878,289 801,842 875,479 73,637 937,100 969,278 619,920 579,971 (39,949) 384,171 .384,171 2,262,971 2,214,413 (48,558) 2,199,560 2,231,738 138,335 205,227 66,892 348,321 348,321 663,856 802,191 - 802,191 1,007,418 $ 802,191 $ 1,007,418 $ 66,892 $ 1,150,512 $ 1,355,739 F:\FINANCE\BUDGET\Budget06\Supplementals\Fund Supp #1 2006 HEF -1 ORDINANCE N0.8 SERIES OF 2006 AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS.TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HEAVY EQUIPMENT FUND, AND DISPATCH SERVICES FUND OF THE 2006 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. WHEREAS, contingencies have arisen during the fiscal year 2006 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 22, Series of 2005, adopting the 2006 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain supplemental appropriations and budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following supplemental appropriations and budget adjustments for the 2005 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the expenditure or (reduction) of said appropriations as follows: General Fund $ 119,056 Capital Projects Fund 5,742,299 Real Estate Transfer Tax Fund 2,360,773 Heavy Equipment Fund 32,178 Dispatch Services Fund 49,327 Total 8 303 633 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 -1- Ordinance No. 8, Series of 2006 ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of April, 2006, and a public hearing shall be held on this Ordinance on the 18th day of April, 2006, 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 INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 18th day of April, 2006 ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 8, Series of 2006 -2- Rod Slifer, Mayor ORDINANCE NO. 10 SERIES OF 2006 AN ORDINANCE REPEALING AND RE-ENACTING CHAPTER 12-20, ANNEXED AREAS, VAIL TOWN CODE, TO AMEND THE PROCESS FOR ZONING DISTRICT DETERMINATION OF ANNEXED AREAS, AND SETTING FORTH DETAILS IN REGARD THERETO.. WHEREAS, The Town of Vail Community Development has submitted an application for a text amendment to Chapter 12-20, Annexed Areas, Vail Town Code, to amend the process for zoning district determination of annexed areas; and setting forth details in regard thereto; and, WHEREAS, the proposed text amendment will streamline the review process for zoning district determination of annexed--areas by allowing an application for zoning to be considered simultaneously with an application for annexation; and, WHEREAS, the Planning and Environmental Commission of the Town of Vail has held a public hearing on the proposed amendments in accordance with the provisions of the Vail Town Code; and, WHEREAS, the Planning and Environmental Commission finds that the proposed amendments further the development objectives of the Town of Vail;'and, WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of this amendment at its March 27, 2006, public hearing and has submitted its recommendation of approval to the Town Council; and, WHEREAS, the Vail Town Council finds that the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and, WHEREAS, the Vail Town Council finds that the amendments further the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and, WHEREAS, the Vail Town Council finds that the amendments promote the health, safety, morals,. and general welfare of the Town and promote the coordinated and harmonious development Ordinance No. 10, Series of 2006 of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: .Section 1. The purpose of this ordinance is to repeat and re-enact Chapter 12-20, Annexed Areas, Vail Town Code, to amend the process for zoning district determination of annexed areas, and setting forth details in regard thereto. Section 2. Chapter 12-20, Annexed Areas, Vail Town Code shall hereby be repealed and re-enacted as followings: (deletions are shown~in °+riU~„~e +~ and additions are shown in bold) . CHAPTER 20 Annexed Areas 12-20-1: APPLICABILITY: This Title shall be applicable to any area annexed to the Town subsequent to the effective date hereof. aT,a-i~,-~9 ~i~+ri,.+~ ~h~~~ h_o_ ini+i~~~y im~n_co_r1 n_n +ho_ onna_va_rl r+ron ~eii+hin +ho +imo nrocnrihor~ in +ho,~nnovinn~nn+inonnn andvin accordance with the provisions of this Chapter. 12-20-2: ZONING DISTRICTS IMPOSED: An annexed area shall be divided. into one or more zoning districts as established by Section 12-4-1 of this Title. An application for the imposition of zoning on the annexed area may be considered in conjunction with the annexing ordinance at any time after a petition for annexation has been found to be. valid in accordance with CRS 31-12-107, as may be amended from time to time. The proposed zoning ordinance shall not be passed on final reading prior to the passage of the annexing ordinance on final reading. If an application for zoning determination is not reviewed in conjunction with the annexing ordinance, a final zoning district determination must be_ made within ninety days of the effective date of the annexing ordinance. 12-20-3: DESIGNATED ON ZONING-MAP: The zoning districts imposed on an annexed area shall be shown on a map which shall become an addition to the Official Zoning Map adopted by Section 12-5-1 of Ordinance No. 10, Series of 2006 2 this Title. 12-20-4: ZONING DISTRICT DETERMINATION: Af+°r fh° °ff° Div .. ° °f ~+n ~+nn°vin nr° +h° Thum A. eanng Date: ., T~sz,-~e-a~at g~~-~,~ ^nn°.,°a -.r°^. The date of the public hearing for consideration of zoning on the annexed area shall be set in accordance with the applicable provisions of Chapter 3 of this Title. B. Notice; Conduct Of Hearing: Notice shall be given, the hearing shall be conducted, and a report of the Planning and Environmental Commission stating its findings and recommendations shall be transmitted to the Town Council in accordance with the applicable provisions of Chapter 3 of this Title. C. Council Action: Upon receipt of the report of the Planning and Environmental Commission, the Town Council.shall determine the zoning districts to be imposed on the annexed area in accordance with the applicable ,provisions of subsections 12-3-7F and G of this Title. D. Ordinance Enactment: The determination of zoning district by the Town Council shall be made through its enactment of an ordinance imposing zoning districts on the annexed area. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 5. The amendment of any provision of the Town Code 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 proceeding as commenced under or by virtue of the provision amended. The amendment of any provision Ordinance No. 10, Series of 2006 3 hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. 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 ON FIRST READING this 4th day of April, 2006, and a public hearing for second reading of this Ordinance set for the 18th day of April; 2006, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 18th day of April, 2006. ATTEST: Lorelei Donaldson,. Town Clerk Rodney E. Slifer, Mayor Ordinance No. 10, Series of 2006 4 ORDINANCE NO. 11 . SERIES OF 2006 AN ORDINANCE OF THE' TOWN COUNCIL OF THE TOWN OF VAIL ANNEXING CERTAIN REAL PROPERTY TO THE TOWN OF VAIL WHEREAS, on February 14, 2006, The Vail Corporation, a Colorado corporation, filed with the Town Clerk for the Town of Vail a Petition for Annexation ("Petition for Annexation") requesting that the Town Council of the Town of Vail commence proceedings to annex to the Town of Vail a certain parcel of land located in Section 8, Township 5 South, Range 80 West, of the 6th Principal Meridian, County of Eagle, State of Colorado, the approved final legal ,description of which is set forth in Exhibit A attached hereto and incorporated herein by this reference (the "Annexation Property"); and WHEREAS, the Town Council of the Town of Vail, by Resolution No. 6, Series of 2006, has determined with regard to the Petition for Annexation for the Annexation Property: (i) the applicable requirements of C.R.S. §§ 31-12-104 and 31-12-105 have been met; (ii) an election is not required under C.R.S. § 31-12-107(2) or 31-12-112; (iii) no additional terms and conditions are to be imposed on the annexation of the Annexation Property; and (iv) the Annexation Property is eligible for annexation to the Town of Vail; and WHEREAS, the Town Council of the Town of Vail held public hearings at which it received evidence and testimony pertaining to the proposed annexation of the Annexation Property to the Town' of Vail, at the conclusion of which the Town Council of the Town of Vail considered such evidence and testimony so introduced, and by this Ordinance sets forth its findings of fact and conclusions; and WHEREAS, the Town gave and published proper and timely notice of the date and time of the public hearing for Town Council's consideration of the adoption of this Ordinance, and Town Council duly held and conducted such hearing in accordance with applicable laws; and WHEREAS, the Town Council of the Town of Vail, Colorado, makes the following findings of facts and conclusions: 1. The signers of the Petition for Annexation comprise the owners of 100% of the Annexation Property. 2. The approval of the Petition for Annexation and of the annexation of the Annexation Property to the Town of Vail fully meets and complies with all applicable laws and regulations of the State of Colorado and the Town of Vail governing such annexation, including, without limitation, the Municipal Annexation Act of 1965. 3. All public hearings with respect to the Petition for Annexation and the annexation of the Annexation Property to the Town of Vail have been held and conducted in Ordinance l 1, Saia of 2006 accordance with all applicable laws and regulations of the State of Colorado and the Town of Vail. 4. All notices required for the public hearings at which the Town Council of the Town of Vail considered the Petition for Annexation and the annexation of the Annexation Property to the Town of Vail were properly and timely published, posted or mailed in accordance with all applicable laws and regulations of the State of Colorado and the Town of Vail. 5. In order to encourage well-ordered development to the Town of Vail, it is desirable that the Annexation Property be annexed to the Town of Vail. 6. The annexation of the Annexation Property to the Town of Vail is necessary and proper for the health, safety and welfare of the Town of Vail and its inhabitants. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. The annexation of the Annexation Property to the Town of Vail is hereby approved. Section 2. As required by C.R.S. § 31-12-113, the Town of Vail shall: (a) File one copy of the annexation map with the original of this Ordinance in the office of the Town Clerk for the Town of Vail; and (b) .File for recording three certified copies of this Ordinance and map of the area annexed containing a legal description of such area with the Clerk and Recorder of Eagle County, Colorado. Section 3. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed this Ordinance, and each part, section, subsection, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Ordinance I I, Series of 2006 Section 5. All bylaws, orders, resolutions and .ordinances, or parts thereof, inconsistent herewith are repealed to .the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN. FULL, this 4`h day of April, 2006. A public hearing on this ordinance shall be held at the regular meeting of the Town Council of the Town of Vail, Colorado, on the 18`" day of April, 2006, commencing at 6:00 p.m., in the Municipal Building of the Town of Vail, 75 Frontage Road, Vail, Colorado 81657. Rodney E. Slifer Mayor of the Town of Vail, Colorado Attest: Lorelei Donaldson Town Clerk INTRODUCED, READ ON SECOND READING, APPROVED, AND ORDERED PUBLISHED IN FULL, this 18`i' day of April, 2006. Rodney E. Slifer Mayor of the Town of Vail, Colorado Attest: Lorelei Donaldson Town Clerk Ordinance 11, Series of 2006 EXHIBIT A Legal Description of Annexation Property LOTS 1 AND 4, SECTION 8, TOWNSHIP 5 SOUTH, RANGE 80 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, AS ESTABLISHED BY THE DEPENDENT RESURVEYS AND SURVEYS COMPLETED BY THE UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF LAND MANAGEMENT DATED FEBRUARY 3, 2005 (LOT 4), AND DECEMBER 30, 1988 (LOT 1), AND ALSO BEING DESCRIBED ALTERNATNELY AS FOLLOWS: BEGINNING AT THE NORTHWEST 1/16 CORNER OF SECTION 8, TOWNSHIP 5 SOUTH, RANGE 80 WEST, OF THE SDCTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO; WHENCE THE NORTH 1/16 CORNER OF SECTION 7 AND SECTION 8 BEARS N89°43'59"W A DISTANCE OF 1323.26 FEET, SAID LINE BEING THE BASIS OF BEARING FOR THIS DESCRIPTION. THENCE ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 8 (ALSO BEING CO-EXTENSNE WITH THE BOUNDARY OF THE FORMER VAIL VILLAGE, FIRST FILING, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 6, 1962 AT RECEPTION NUMBER 96382) THE FOLLOWING TWO COURSES: 1) S00°21'52"W 165.00 FEET 2) . S00°21'52"W 277.76 FEET THENCE ALONG SAID EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8 (ALSO BEING CO-EXTENSNE WITH. THE BOUNDARY OF PARCEL 1, GOLDEN PEAK SKI BASE AND RECREATION DISTRICT (RECEPTION NUMBER 352168)), S00°21'52"W 57.22 FEET; THENCE N89°45'07"W 248.01 FEET: THENCE N33°20'55"W 282.22 FEET; THENCE N89°45'45"W 488.32 FEET; THENCE N00°14'21"E 265.29 FEET TO A POINT ON THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8; THENCE ALONG SAID NORTH LINE (AGAIN ALSO BEING CO-EXTENSNE WITH SAID BOUNDARY OF THE FORMER VAIL VILLAGE, FIRST FILING ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 6, 1962 AT RECEPTION NUMBER 96382) S89°43'59"E 99.99 FEET TO THE NORTHWEST CORNER OF MILL CREEK SUBDNISION, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 6, 2000 AT .RECEPTION NUMBER 743366; THENCE ALONG THE WESTERLY BOUNDARY OF SAID MILL CREEK SUBDNISION S00°15'18"W 165.37 FEET TO THE SOUTHWEST CORNER OF MILL CREEK SUBDNISION; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID MILL CREEK SUBDNISION S89°45'57"E 131.89 FEET; THENCE CONTINUING ALONG THE SOUTHERLY BOUNDARY OF SAID MILL CREEK SUBDNISION S89°46'28"E 413.26 FEET TO THE SOUTHEAST CORNER OF SAID MILL CREEK SUBDNISION; THENCE ALONG THE EASTERLY BOUNDARY OF SAID MILL CREEK SUBDNISION N00°21'19"E 165.00 FEET TO A POINT ON THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, SAID POINT ALSO BEING THE NORTHEAST CORNER OF SAID MILL CREEK SUBDNISION; THENCE ALONG SAID NORTH LINE (AGAIN ALSO BEING CO-EXTENSNE WITH THE BOUNDARY OF THE FORMER VA1L VILLAGE, FIRST FILING, RECEPTION NUMBER 96382) S89°43'59"E 248.12 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINING 5.13 ACRES MORE OR LESS.