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HomeMy WebLinkAbout2007-09-04 Support Documentation Town Council Evening SessionVAIL TOWN COUNCIL EVENING SESSION AGENDA 6:00 P.M. TUESDAY, SEPTEMBER 4, 2007 VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 NOTE: Times of items are approximate, subject to changes and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Participation. (15 min.) 2. ITEM/TOPIC: Consent Agenda. (5 min.) a. Approval of 08.07.07 and 08.21.07 Council Minutes. 3. Stan Zemler ITEM/TOPIC: Town Manager's Report. (20 min.) • Amplified Sound Ordinance Update. Since the noise ordinance was amended on May 15, 2007, the Vail Police Department has had six noise complaints. • Revenue Update. • LionsHead Parking Structure Update. • Construction Update. • Timber Ridge Update 4. Kelli McDonald ITEM/TOPIC: Economic Vitality Study. (15 min.) 5. Rachel Friede ITEM/TOPIC: Vail 20/20 Strategic Plan Update- Public Input and Publication Options. (10 min.) BACKGROUND: On August 7, 2007, Staff presentee the Town Council with a draft of the Vail 20/20 Strategic Plan. Staff then held a public open house on August 16, 2007 at the Donovan Pavilion, and has been collecting public input via email and the town website. Town Staff has been working with Visible Strategies to explore the possibility of a web-based publication for the plan, in addition to creating a printed brochure that summarizes the outcomes of the plan. Visible Strategies has created a test website for the publication that will be presented to the Town Council. ACTION REG3UE;STED OF COUNCIL: Ask pertinent questions and provide cornments on public input and final publication options. 6. Rachel Friede ITEM/TOPIC: First reading of Ordinance 27, Series of 2007, an ordinance amending Chapter 14-2, Definitions, Vail Town Code, to provide definitions for terms of art, and to Chapter 14-6, Grading Standards, Vail Town Code, for proposed changes to the grading standards. (5 min..) Action Requested of Council: Approve, approve with modifications, or deny Ordinance No. 27, Series of 2007 on first reading. BACKGROUND: On August 27, 2007, the Planning and Environmental Commission unanimously forwarded a recommendation of approval to the Vail Town Council for the proposed text amendments identified in Ordinance No. 27, Series of 2007. STAFF RECOMMENDATION: The Department of Community Development recommends that the Vail. Town Council approve Ordinance No. 27, Series of 2007, on first reading. 7. Rachel Friede ITEM/TOPIC: First reading of Ordinance 28, Series of 2007, an ordinance amending Chapter 12-21, Hazard Regulations, Vail Town Code, in order to comply with FEMA floodplain regulations, and Title 14, Development Standards Handbook, Vail Town Code, for clarifications to driveway and parking standards, and setting forth details in reg<~rd thereto. (10 min.) Action Requested of Council: Approve, approve with modifications, or deny Ordinance No. 28, Series of 2007 on first reading. BACKGROUND: On August 27, 2007, the Planning and Environmental Commission unanimously forwarded a recommendation of approval with modifications to the Vail Town Council for the proposed text amendments identified in Ordinance No. 28, Series of 2007. STAFF RECOMMENDATION: The Department of Community Development recommends that the Vail Town Council approve Ordinance No. 28, Series of 2007, on first reading. 8. Kathleen Halloran ITEM/TOPIC: Sf=COND READING OF ORDINANCE NO. 24, Series of 2007, AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, AND HEALTH INSURANCE FUND OF THE 2007 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. (5 min.) ACTION REQUESTED OF COUNCIL: Approve or approve with amendments the second reading of Ordinance No. 24, Series of 2007. BACKGROUND RATIONALE: To be provided in a separate memo. STAFF RECOMMENDATION: Staff recommends that the Town Council approves or approves with amendments Ordinance No. 24, Series of 2007, upon second reading. 9. George Ruther ITEM/TOPIC: Second reading of Ordinance No. 25, Series of 2007, an ordinance amending Sections 12-66-2, 12-6B-3, 12-6C-2, 12-6C- 3, 12-6D-2, 12-6D-3, 12-13-4, Vail Town Code, to change Type II Employee Housing Units from a conditional use to a permitted use in the Single-Family Residential (SFR), Two-Family Residential (R), and Two-Family PrimarylSecondary Residential (PS) districts, and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 25, Series of 2007, on second reading. BACKGROUND RATIONALE: On August 13, 2007, the Planning and Environmental Commission forwarded a recommendation of approval for the proposed amendments by a vote of 6-0-0. On August 21, 2007, the Vail Town Council approved the first reading of Ordinance No. 25, Series of 2007, by a vote of 6-0-0. STAFF RECOMMENDATION: The Community Development Department recommends the Vail Town Council approves Ordinance No. 25, Series of 2007, on second reading. 10. Matt Mire ITEM/TOPIC: Sale of 2079 Chamonix Lane # 11 and 4011 Bighorn Road # 6-H to Town of Vail employees. (15 min.) BACKGROUND: The Town of Vail, as an employer, recognizes that recruiting and retaining employees is becoming more challenging. A key benefit to recruit and retain employees is housing. The Town of Vail provides certain municipal services that are critical to the overall functionality of the entire town and if there is not adequate staff to provide critical municipafl services. As stated in the minutes of the May 15, 2007, Town Council Meeting, Town council unanimously agreed to purchase 2079 Chamoix Lane # 11 and 4011 Bighorn Road # 6-H so "the unit(s) be included in the Town's employee housing stock." The units have been designated for "critical employees" who include: Firefighters, Police Officers, Dispatchers, Mechanics, Plow Operators, Building Maintenance Specialists, and Public Safety Systems Engineer. ACTION REQUESTED OF COUNCIL: Two administrative actions are reque;>ted of Town Council: A motion directing the Town Manager to amend the Town of Vail Master Deed Restriction, for the two units mention above only, to require the listing of the unit upon no longer being employed by the Town of Vail in a form approved by the Town Attorney. As proposed, the amendment will require an owner of one of the aibove units to list the unit for sale with the Town of Vail within a~ specific period of time based on their length of employment with the Town of Vail and their length of ownership of lihe deed .restricted unit. More specifically, as proposed, the subject owner would be required to list the unit in a time peric-d equaling no greater than thirty (30) days for every year the owner has owned the unit and has been employed with the Town. 2. A motion directing Town staff to develop a policy for housing employees of the Town of Vail. Staff recommends maintaining two separate Employee housing programs. The Town of Vail, as an employer, needs an employee housing program and the Town of Vail, as a government, needs a community wide employee hou;>ing plan. Recognizing that these two programs will be funded lfrom the same pool of funds it will be important to fund each program separately. STAFF RECOMMENDATION: Make and approve a motion ratifying the sale of 2079 Chamonix Lane # 11 and 4011 Bighorn Road # 6-H to Town of Vail erriployees with the recommended modification to the deed restriction. 11. Matt Mire ITEM/TOPIC: Second reading of Ordinance No. 26, Series of 2007, an ordinance approving the sale of the deed restricted property in the Town of Vail legally described as Vail Heights Condominium Unit # 11, Eagle County, Colorado with a physical address of 2079 Chamonix Lane, \/ail, Colorado; and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 26, Series of 2007, on second reading. BACKGROUND RATIONALE: On May 29, 2007 the Town of Vail bought Vail Heights Unit #11 for $280,000. The unit is a one- bedroom, one-bathroom unit in West Vail. The purpose of purchasing the unit was to add inventory to the Town's housing stock for its employees. STAFF RECOMMENDATION: Approve Ordinance No. 26, Series of 2007, on second reading. 12. ITEM/TOPIC: Adjournment. (7:50 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE,4 THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT TBD, TUESDAY, SEPTEMBER 18, 2007 IN THE VAIL TOWN COUNCIL CHAMBERS. Sign language interpretation available upon request with 48-hour notification. Please call 479-2106 voice or 479-2356 TDD for information. Vail Town Council Evening Meeting Minutes Tuesday, August 7, 2007 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Rod Slifer. Members present: Rod Slifer, Mayor Greg Moffet Kim Newbury Mark Gordon Kent Logan Farrow Hitt, Mayor Pro-Tem Kevin Foley Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Alan Kosloff spoke in support of continuing the construction of the new Seibert Circle fountain. Xavier Velasquez asked Council to be allowed to repair his roof as he was having difficulty matching materials used by his duplex neighbor three years past. Ruther stated this type of situation was anticipated when the class-A roof assembly ordinance was adopted earlier in the year. Cody White, Ed Davis and Jordy Coffee presented Council with a team photo as a token of gratitude for the town's continuing support of the Battle Mountain Hockey Team. The second item on the agenda was the Consent Agenda. Approval of 07.03.07 and 07.17.07 Minutes. Moffet moved to approve the consent agenda without amendments with Foley seconding. Hitt recommended one change in regard to a motion and a second made on July 3. The motion passed unanimously, 7-0, The third item on the agenda was the Town Manager's Report. • Revenue Update. Finance Director Judy Camp reported sales tax collections for the month of June are expected to be $948,007, up $142,645 or 18% from last year. Year-to-date collections through June are expected to be $11.3 million, up 7.4% from the same period last year. For comparison, inflation as measured by the consumer price index was up 2.7% in June compared with the prior year. Construction permit revenue, which can be considered an indicator of redevelopment activity, continues its strong trend with year-to- date construction permit fees of $1.9 million, up 80% from the same period last year. Year-to-date permit fees include $1.41 million from major construction projects: the Arrabelle at Vail Square, Cascade Residences, Forest Place, Four Seasons, Lodge Tower, Lodge at LionsHead, Manor Vail, Mountain View (formerly Apollo Park), Ritz Carlton, Solaris, Vail Plaza Hotel, We;>thaven Condominiums, and the Willows. Major projects were up approximately $680,000 or 87% over last year while non-major projects were up $181,000 or 61%. Construction permit fees include building, electrical, mechanical, plumbing and sprinkler permits. Year-to-date RETT collections through July 2007, total $3.6 million compared with $3.2 million for the same time period last year, a 12% increase. Major redevelopment projects including Gore Creek Place, Forest Place, and One Willow Bridge Road contribut~sd $609,300, or 17% of the total in 2007 while only $276,500, or 9% of the total in 2006 consisted of major redevelopment projects. The third item on the agenda was a Vail Mountain Master Plan Update and Discussion. Representing Vail Mountain, Tom Allendler explained how Vail Resorts had developed a zoning map for the front side and back side of the mountain. He then updated Council on Vail Resorts' plans to improve the capitail infrastructure on the mountain. "Different uses are appropriate on different parts of the: mountain...ln the next five to eight years the Vista Bahn will likely be upgraded...We are trying to take advantage of opportunities to disperse skiers." He also discussed possibly extending the Golden Peak race venue, enhanced snowmaking, improvements Ito chair five, as well as a new 500 seat fine dining restaurant west of the top of chair five. He stated there would not be a request to increase the maximum allowable number of skiers on the mountain, which is currently set at 19,900. He then reminded the audiience, "The Master Plan is a roadmap...lt is not a set in concrete plan." Vail Resorts representative Dominic Mauriello reported Vail Resorts has applied for a conditional use permit to add a lift in West LionsHead. The fourth item on the agenda was a Vail 20/20 Strategic Plan Update. Planner Rachel Fried explained on January 17, 2006, Council approved a scope of work that included soliciting a facilitator to garner community participation and a consultant to assist town staff in drafting a vision and community plan. In February 2006, the town selected Design Workshop as the facilitator and consultant for this project. Beginning in March 2006, staff met with various stakeholders in the community who provided valuable insight into the process, including the Eagle River Water and Sanitation District, participants in the Vail Tomorrow process and the Vail Village Homeowners Association. The Vail 20/20 process officially began vvith a meeting of institutional stakeholders on Aug. 3, 2006 at Donovan Pavilion. The stakeholders provided input regarding individual organizational goals, as well as town and regional issues, which concern their organization. On Aug. 22 and 24, 2006 two community workshops were held at Donovan Pavilion to discuss Vail's existing values and Vail's vision for the future with members of the community. On Sept. 19, 2006, staff presented draft values and vision statements to the Town Council and provided an update on the Vail 20/20. process. Town Council provided comments on the drafts and instructed staff to proceed with the Vail 20/20 Strategic Plan process. On Dec. 5, 2006, the Council approved a draft set of goals and instructed staff to use those goals as the basis for the Vail 20/20 Strategic Plan. Since December 2006, staff has been drafting the plan based on public and staff input. The next Vail 20/20 open house will be held Thursday, Aug. 16 at Donovan Pavilion from 5 to 7 p.m. to give the community an opportunity to review and provide input on the proposed document. A final draft of the document will be presented to the Council no later than its October 16 meeting for final review and adoption. Logan complimented Friede for her work on the project. He then suggested shortening the document and removing the 2007 community survey results from the appendix. Zemler then acknowledged Jamie Wilson and Suzanne Silverthorn for their efforts on the project, as well. The fifth item on the agenda was a Discussion of Seibert Circle. Public Works Director Greg Hall reported construction documents for the Seibert Circle water/fire feature were received from WET Design on June 29, 2007. These documents provided the final detail and specifications to the contractors for the construction of the feature. This was the contractor's first opportunity to review and price a complete set of construction documents on the project. Based on the construction documents provided to the contractors, the cost of construction has increased from $421,311 to $607,876. Staff is suggesting a contingency amount of $27,500 due to the complexity of the work. Overall, the total projected budget for construction completion has increased from $675,000 to $875,000. Newbury clarified the total cost of the project including funding from outside sources (Vail Resorts, private donations) would be $1.7 million dollars. She then asked why the Vail Resorts contribution was not as large as originally thought to be. "I do not think this is a good use of taxpayer funds...) think this is a debacle and is embarrassing." Moffet moved to approve the project as presented with Gordon seconding. Bill Jensen, Chief Operating Officer for Vail Mountain, said his company is working on a substantial piece of public art that is to be placed at the Front Door project. Hall clarified. there are contingencies in the town's streetscape capital improvement budget that would be used to make up for the additional costs. The motion passed 5-2, with Newbury and Foley opposed. The sixth item on the agenda was the approval of the Purchase of Six Hybrid Electric Buses from Gillig Corporation. Public Works Director Greg Hall and Fleet Manager Todd Scholl informed Council the town has acquired permission to purchase six additional 40' low floor hybrid buses from the San Joaquin Regional Transit District. This is the same group from whom the town ordered its second low floor hybrid in June of 2007. Their contract has an "options" clause that allows the purchase of additional coaches which they can allow other transit agencies to participate in. The price for each coach is $515,771, the same price the town received in June for a total contract price for the six buses of $3,094,626. The town has secured one Federal Transportation Authority (FTA) grant (2007) of approx. $432,600 for a net cost to the town of $2,662,026. The six buses that are being replaced are 1996 model years and are the original in-town low floor Neoplan buses. The FTA's minimum life expectancy is 12 years for a bus. These buses will bring the number of in-town hybrid buses up to eight with two more scheduled for replacement in 2011. ThE: delivery of the buses and the expenditure is one year from the contract signing. F~TA grant funding FY 2008, 2009, and 2010 has been identified by the town for a transit center. The town is expecting somewhere close to $5.6 million over the three year period. Moffet moved to approve the purchase with Newbury seconding. The motion passed unanimously, 7-0. Gordon clarified a hybrid bus cost $200,000 more than a conventional diesel bus. Gordon then moved to use $200,000 from the Real Estate Transfer Tax (RETT) Fund to make up the cost difference for each bus. Zemler said," We continue to act like the RETT Fund is robust...We do have a modest reserve built up, and you would be using this reserve to fund this...l'm not saying do or don't do it." Council agreed the idea of alternative funding of the buses using RETT dollars would take place in upcoming budget discussions. Gordon withdrew his motion. The seventh item on the agenda wars the Purchase Replacement Parking Structure Gate and Fee Equipment, and Software.. Public Works Director Greg Hall reported the parking equipment in the two garages was purchased in 1998. This is only the gate and ticket equipment and not the pay and display equipment. Parking equipment in general in Vail has lasted typically 7-9 years. An eight year replacement would be 2006. The town had anticipated the replacement of the LionsHead parking equipment with 1:he redevelopment of the conference center site. Since this vote failed, staff then saw a possibility of the replacement of the outdated equipment with the completion of the potential redevelopment of the LionsHead parking structure, which is currently being negotiated. Over the past year, however, two things have become apparent. The final completion of the LionsHead structure is further off than was originally anticipated and this past winter season there were significantly more breakdowns than the winter prior. The breakdowns were of the magnitude where exit lanes were eliminated for weeks on end waiting for parts and service calls. Currently the parking equipment is budgeted in the capital budget in 2009. Staff has solicited quotes for replacement. Five proposals were received. A selection committee comprised of parking, finance and IT personnel was formed and the various venders were interviewed and the proposals were rated. Input was also obtained from Open Hospitality's (potential LionsHead redeveloper) parking consultant. It is staff's recommendation to move ahead the 2009 capital expenditure to 2007 ,and award the parking equipment contract to DGO/Federal APD for $390,348. Awarding the contract in August allows for installation and testing to be completed before the winter season. The .contract allows the connection of two outlying lots (Ford Paric and Soccer Field) to be connected to the main control computer. Credit card hatching wiill be significantly updated and be performed on one computer line verses eight. The papE:r passes will be replaced with cards with micro chips and proximity readers. Vail Resorts is testing limited micro chip passes this year and in the future both passes could bE~ integrated. If the equipment replacement is delayed until 2009, the town will experience an increase in the operating budget over the next two years of $25,000-$40,000 each year. The amount of time equipment is down could be weeks like this last winter verses a day or two A final factor is when the LionsHead structure is to be finished in 2013, it will be time for another replacement of parking equipment which the developer currently has in his budget. Moffet moved to approve the purchase with Gordon seconding. Gordon clarified the purchase would allow the town to increase guest services in the parking structures as more and more people are using credit/debit cards to pay for parking. The motion passed unanimously, 7-0. The eighth item on the agenda was this Request to Proceed through the Development Review Process, re: Vail Valley Foundation. The applicant, Vail Valley Foundation, represented by. Morter Architects, is requesting to proceed through the development review process with a proposal to construct an orchestra pit on town-owned land at the Gerald R. Ford Amphitheater located within Ford Park. 4 Senior Planner Bill Gibson explained to Council it was the desire of the applicant to apply for a design review application to allow for construction of an orchestra pit at the Gerald R. Ford Amphitheater. The applicant must first obtain Town Council (i.e. property owner) approval before proceeding through the town's development review process. Nloffet moved to approve the request ~ to proceed through development review process with Newbury seconding. Slifer clarified no seats would be lost. The motion passed unanimously, 7-0. The ninth item on the agenda was the Request to Proceed through the Development Review Process, re: 201 Gore Creek Drive. The applicant, Herman Staufer, is requesting to proceed through the development review process with a proposal to construct private improvements on the Town of Vail owned Gore Creek Drive Right-of-Way. Senior Planner Bill Gibson reported to Council it was the desire of the applicant, Herman Staufer, to apply for an exterior alteration application and a design review application to allow for the construction of two new bay windows at the Pano Jewelry tenant space in the Bell Tower Building at 201 Gore Creek Drive. The proposed bay windows will encroach into the Gore Creek Drive Right-of-Way owned by the Town of Vail. The applicant must first obtain Town Council (i.e. property owner) approval before proceeding through the Town's development review process. Moffet moved to approve the request to proceed through the development review process with Newbury seconding. The motion passed unanimously, 7-0. The tenth item on the agenda was a Request to Proceed through the Development Review Process, 82 West Meadow Drive. The applicant, Becky Zyman, is requesting to proceed through the development review process with a proposal to construct improvements on Town of Vail owned Tract B, Vail Lionshead Filing 2. Senior Planner Bill Gibson announced it was the desire o~F the applicant to apply for a design review application to allow for landscape improvements on a Town of Vail owned Gore Creek stream tract (Tract B, Vail Lionshead Filing 2) adjacent to their residence at 82 West Meadow Drive. The applicant must first obtain Town Council (i.e. property owner) approval before proceeding through the town's development review process. Moffet moved to grant permission to proceed with the proviso staff keep Council alert of the process of the project with Hitt seconding. Hitt asked Gibson to return with an update on the progress of remediating projects undertaken on the town's stream tract right of way. The motion passed unanimously, 7-0. The eleventh item on the agenda was a Discussion of Use Tax on Construction Materials. Finance Director Judy Camp reported a construction use tax has been identified as a potential new revenue source to help fund the town's ongoing capital improvements needs, such as construction of a West Vail fire station, neighborhood street improvements, repairs to public buildings and acquisition of workforce housing. During a budget discussion with the Towri Council last month, Camp presented the construction use tax as one of several revenue options. The Council also expressed interest in establishing a construction mitigation fee as well as increases in the town's construction permit fees to help offset ongoing costs associated with Vail's redeveloprnent. In preparation for future discussions, the Council has authorized completion of a nexus study that will be used to independently document what the town is spending on construction mitigation activities, such as traffic control, construction management and related communications. The nexus study will be used to develop a proposed fee amount. In directing the town attorney to prepare a resolution setting a construction use tax for the November election, Council members noted their interest in inviting a community dialogue about the pros and cons of such a tax. The deadline for setting a potential tax question is Aug. 21. Currently no tax is collected on building and construction material for projects of amy size within Vail. Had a four percent tax been in place, the town would have generated an estimated $2 million in 2005; $4 million in 2006; and $7 million in 2007, according to the town's calculations. A use tax could be collected at the time a building permit its issued based upon 50 percent of the project's valuation, according to Camp. A construction use tax is a common source of revenue to Colorado municipalities and is collectE~d locally in Eagle and Gypsum following voter approval in 1998 and 1995, respectively. Moffet said, "I like the idea of exempting work force housing." He then made a motion to move forward with a resolution placing the construction use tax on the November ballot, with Hitt seconding. Gordon questioned pushing the issue and encouraged mores analysis. "I think we should approach this a little more cautiously than we are." Logan emphasized there is a significant shortfall in the town's capital project budget and a more comprehensive approach should be considered. During public comment, Michael Cacioppo asked if exempting affordable housing projects from the tax would be unconstitutional. Estaquio Cortina asked for the initiative to be fair. Representing Vail RE:sorts Development Company, Keith Fernandez asked if this action would be double taxation. Representing the Vail Village Homeowners Association, Jim Lamont noted an interest in exhausting all forms of Tax Increment Financing methods before bringing a tax question to voters. Representing Vail Resorts, Bob Stozick asked for more thought to bE~ put into the ballot language. "Costs for building on the Front Range are different than lthey are in the mountains...We need to better analyze the ratios being used." Representing Peter Knobel, Dominic Mauriello encouraged using a Tax Increment Financing (TIF) District to generate improvements in the Solaris area. The motion passed 4-3 with Gordon, Newbury and Logan opposed. The resolution will be considered at Council's Aug. 21 meeting. The twelfth item on the agenda was a Second reading of Ordinance No. 21, Series of 2007, an ordinance repealing and re••enacting Ordinance No. 5, Series of 2006, establishing Special Development District (SDD) No. 39, Crossroads. On June 25, 2007, the PEC held a public hearing on a request for a major amendment to SDD No. 39, Crossroads. The purpose of the major amendment is to increase the maximum allowable number of dwelling units from 75 to 77 dwelling units and to address several other minor changes, located at 141 and 143 Meadow Drive. Upon review of the request, the PEC voted 5-1-0 (Cleveland opposed) to forward a recommendation of approval of the request to amend SDD No. 39, Crossroads, to the Vail Town Council. On July 17, 2007, the Vail Town Council approved Ordinance No. 21, Series of 2007, upon first reading by a vote of 6-1-0 (Foley opposed). Moffet moved to adopt the ordinance with Gordon seconding. The motion passed 6-1, with Foley opposed. The thirteenth item on the agenda was the Second reading of Ordinance No. 22, Series of 2007, an ordinance amending Section 12-2-2, Definitions, -and Section 12-16-7, Use Specific Criteria and Standards, Vail Town Code, to allow for amendments to the regulation of temporary business offices. On July 17, 2007, the Vail Town Council approved Ordinance No. 22, Series of 2007, on first reading, with modifications, by a vote of 5-2 (Newberry and Logan opposed). The 6 Council's modifications to include text limiting an extension of a temporary business office conditional use permit approval to three years has been integrated into the attached ordinance. Moffet moved to adopt the ordinance with Gordon seconding. Zemler said the town-owned and former Vail Valley Partnership office space had not been easily rented. "Due to that, the town will now try to rent the space as retail." Bill Jensen, Chief Operating Officer for Vail Mountain said letters of intent have been drafted for all the retail space in the Arrabelle at Vail Square. Logan said, "We don't have a more important employer than Vail Resorts." During a pause for public comment, Paul Rondeau asked for a more comprehensive discussion regarding the issue and asked for a better clecision making process. "I think there is an image problem...) think there has been a process problem." Due to a family emergency, Newbury had to leave the Chambers. LionsHead business owner Bill Jewitt said LionsHead businesses have suffered due to construction. "The question isn't really about do we lose a little bit of incremental sales tax today...lt's really about horizontal zoning." The motion passed unanimously, 5-0. The fourteenth item on the agenda was Resolution No. 15, Series 2007, 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. 1, Town of Vail, Eagle County, Colorado. On November 21, 2006,. Council passed Resolution No. 22, series 2006, a Resolution authorizing the acquisition of the Wendy's parcel through negotiation or condE~mnation, if necessary. Through negotiations, the parties have agreed to a purchase price of Two Million Dollars ($2,000,000.00). Resolution No. 15 is necessary to cornplete the purchase of the above mentioned property. Hitt moved to approve the resolution with Foley seconding. Foley mentioned the site might be a great place to park cars during the busy ski season. The motion passed unanimously, 6-0. For details, contact Matt Mire at 479-2460. The fifteenth item on the agenda was Resolution No. 16, Series 2007, A Resolution Adopting the Amendment to Protective Covenants of Vail/Lionshead, Second Filing, Eagle County, Colorado. Moffet moved approve the resolution with Gordon seconding. The motion passed unanimously, 6-0. The sixteenth item on the agenda was Resolution No. 17, Series 2007, A Resolution Authorizing the Town of Vail to Enter Into An Intergovernmental Agreement with the State of Colorado to Prepare a Transportation Master Plan and Access Management Plan for the I-70 Vail Frontage Road in Vail, Colorado. The Town of Vail has undertaken a revision of the Master Transportation Plan. Specifically, the need is to update the traffic operation characteristics that are being anticipated from the various development and master plan proposals that are currently being discussed. The town, through previous studies of the 1990 Master Transportation Study, the Lionshead Transportation Study and the 2002 Transportation Master Plan update, anticipated a certain amount of additional traffic generated by development. It became obvious that the previous projections would be surpassed if all the projected development was built. The town and CDOT jointly undertook the study to update the traffic projections, understand the impacts of the additional trips and what measures may 7 be necessary and acceptable to mitigate the impacts. CDOT has agreed to cover the entire cost of the study in the amount of $24,000. Moffet moved to approve the resolution with Gordon seconding. The motion passed unanimously, 6-0. For details, contact Greg Hall at 479-2160. The seventeenth item on the agenda vvas Resolution No. 18, Series 2007, A Resolution Adopting the Town of Vail, Colorado Grievance Procedure Under the Americans with Disability Act. The US Department of Justice audited 1:he Town of Vail for compliance with Title II of the Americans with Disabilities Act (ADA;I as part of Project Civic Access, an initiative designed to improve access to local government programs and facilities for persons with disabilities. Under an August 2004 Agreement between the USDOJ and the Town of Vail, one of the requirements is to adopt the attached Grievance Procedure,. publish the procedure, and post it on the home pacle of the Town's website. Moffet moved to adopt the resolution with Gordon seconding. The motion passed unanimously, 6-0. The eighteenth item on the agenda was Adjournment. Moffet moved adjourn with Logan seconding at approximately 8:15 p.m. The motion passed unanimously, 6-0. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher. 8 Vail Town Council Evening Meeting Minutes Tuesday, August 21, 2007 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Rod Slifer. Members present: Rod Slifer, Mayor Greg Moffet Mark Gordon Kent Logan Farrow Hitt, Mayor Pro-Tem Kevin Foley Not Present: Kim Newbury Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation Vail Recreation District Executive Director Mike Ortiz introduced Vail Golf Course Superintendent Steve Sarro. Sarro was recently presented the Colorado Golf Association •Person of the Year Award. This honor was attributed to Sarro's efforts in rebuilding golf courses damaged in Louisiana during Hurricane Katrina. Vail Mountain Chief Operating Officer Bill Jensen announced Vail Resorts hadl agreed to increase its financial contribution to the Seibert Circle fountain by $25,000, bringing the company's total contribution to $225,000. The second item on the agenda was the Town Manager's Report. Vail 20/20 Update. Town Manger Stan Zemler announced an update would be provided to Council on September 4. Loading & Delivery Update. Zemler said the cumulative minutes of a recent loading and delivery meeting had been distributed to Council and the public. "We will begin to present some thought-out options in September." Construction Update. Public Works Director Greg Hall reported a significant amount of construction would be impacting Vail Road this fall. "We should have it overlaid by ski season." Paver repair will occur on the west end of Meadow Drive after the Harvest Festival. Community Development Director George Ruther explained life safety issues were being addressed at the LionsHead Center building. The homeowners association was required to supply adequate indoor and outdoor fire suppression and control measures. The third item on the agenda was Resolution No. 19, Series of 2007, a resolution submitting to the registered electors of i:he Town of Vail, Colorado, at a regular municipal election held on November 6, 2007, a ballot issue concerning the adoption of a use tax to finance capital projects and acquisitions. Moffet moved to adopt the resolution and add the inclusion of a rebate or exemption on materials used to construct workforce (housing with Hitt seconding. Former Vail Mayor Bob Armour spoke in support of the construction use tax. "The town needs a new revenue source and new construction must help carry the load." Representing Vail Resorts, Bob Stozek asked for more tirrie to research the' issue. Speaking as a resident, Bill Jensen noted the community is benE;fiting from an array of public benefits associated with new developmerit and the Real (Estate Transfer Tax (RETT) has been viewed historically as a substitute for taxes one construction. Jensen suggested asking voters instead to expand the use of RETT rather than create a new tax. Representing the town's Economic Advisory Council, Rob Levine spoke in support of the tax. "Diversity of revenue streams is something I think we are all sensitive to...At the very least, present it to the voters, and let the voters decide."' Town Attorney Matt Mire added a letter to the record from the Vail Board of Realtors. The board objected to the use tax. Brian Gillette said the tax would only increase the price of property in Vail and make housing less affordable. Logan stated, "I think it (construction use tax) could be part of the solution, but not the whole solution...l'm glad wee have raised the awareness that we have a significant shortfall in our capital budget; over the next several years...) don't think the timing could be worse for this (in regard to a national economic downturn)...We need to think of this as part of a package." Gordon said, "I think this is a great time to take a chance and let the war of ideas come out. I am in favor of putting this construction use tax on the ballot." Moffet stressed the only way to increase the amount of employee housing in the town is through the use of the law. "This issue is not a complex tax, go to Eagle, go to Gypsum." (Both communities utilize a construction use tax.) The motion passed 4-2, with Logan and Foley opposE;d. The fourth item on the agenda was Katsos Ranch Trail Improvements. Landscape Architect Gregg Barrie asked Council to authorize the Town Manager to enter into an agreement with B & B Excavating, Inc., in an amount not to exceed $741,258.60 for the Katsos Ranch Trail Improvements Project. The Gore Valley Trail through the Katsos Ranch open space was originally constructed by town crews in the mid 1980s. Since then, only minor repairs have been made to the two mile long path. Many sections are in disrepair due to unstable sub-grades, deteriorating pavement and areas that tend to flood during spring runoff. The Katsos Ranch Trail improvements project includes grading, drainage, and alignment work, as well as an asphalt paving overlay along the full length of the path. The construction is scheduled to occur September 4`h into November. Moffet moved to approve the request with Foley seconding. Both gentlemen stressed that minimizing impact to pedestrian and cycling traffic should be paramount as the project is undertaken. The motion passed unanimously, 6-0. Moffet then asked for periodic updates on construction pirogress. The fifth item on the agenda was the Wren Association, is requesting permission to• proceed with an encroachment agreement with the Town of Vail to allow the construction of a portion of a retaining wall on Town of Vail property. Earlier in the day Council visited the site in order to assess the proposal. It is the desire of the applicant to replace an existing retaining wall that encroaches onto the Town of Vail owned unplatted Ford Park adjacent to The Wren. An encroachment agreement was not formally obtained for the original retaining wall. The applicant has received design review approval with the condition that it obtain an encroachment agreement with the Town of Vail. The Community Development Department recommended Council approve the applicant's request to proceed with an encroachment agreement. Moffet moved to approve the request with Foley seconding. The motion passed unanimously, 6-0. Ruther ensured Council the Community Development Department would do its best to protect the existing foliage. For more information, contact Rachel Friede at 479-2440. The sixth item on the agenda was a request for New Master Planning Process for Chamonix and Wendy's Properties. The Community Development Department Staff is requesting review of a draft Request for Proposal (RFP), the purpose of which is to hire the services of a planning team (Consultant) to work with the Town of Vail to develop a master plan and site plan alternatives for the combined Chamonix and Wendy's properties (the "Chamonix Site) Town Planner Scot Hunn reported in October 2002, the town acquired a 3.6 acre parcel of land (the "Chamonix" property) in West Vail for $2.6 million. In 2004, the to~nrn engaged in master planning of this site to identify uses and alternative site designs for a fire station as well as employee housing as primary uses. A master plan for this site was adopted via Ordinance No. 17, Series 2005. No further action has been taken relative to development of this site. However, the town has recently entered into a contract to purchase the adjacent 1.25 acre "Wendy's" property, which is believed to be a better location for a fire station (and additional/potential co-uses), further preserving the majority of the adjacent Chamonix site for residential (workforce housing) and other potential mixed development. T'he proposed RFP represents the first step in an effort by staff to commence master planning of the combined Chamonix site. Hunn clarified the proposed timetable was fairly aggressive, starting with the award of contract in early October, 2007, and terminating with a preferred master plan and site design in March, 2008. Ruther then made clear the potential for employee housing to co-exist with a fire station would be possible. Hunn stated that Staff believed that a new master plan process, to include the combined Chamonix Site, would allow the Town and citizens to identify any new ideas or concerns with regard to layout and design of the project; that Staff is recommending a "fresh" approach to master planning the combined site while respecting and taking into consideration previous master planning efforts and neighborhood input. Moffet moved to approve the request vvith Gordon seconding. Gordon said this is a great opportunity for a green, mixed-used development. "I think we need some fresh ideas with an integrated approach." Hunn stated $27,000 was remaining from FY 2007 budget monies for West Vail master planning and that $100,000 had been budgeted for FY 2008 for continued strategic planning projects, including those in West Vail. The motion passed 5-1, with Hitt opposed. The seventh item on the agenda was the First Reading of Ordinance No. 24, Series of 2007 an ordinance making supplemeintal appropriations to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, and Health Insurance Fund of the 2007. Budget for the Town of Vail, Colorado: and authorizing the expenditures of said appropriations as set forth herein. Moffet moved to adopt the ordinance with Gordon seconding. The motion passed 5-1, with Foley opposed. The seventh item on the agenda was the First reading of Ordinance No. 25, Series of 2007, an ordinance amending Sections 12-6B-2, 12-66-3, 12-6C-2, 12-6C-3, 12-6D-2, 12-6D-3, 12-13-4, Vail Town Code, to change Type II Employee Housing Units from a conditional use to a permitted use in the Single-Family Residential ($FR), Two-Family Residential (R), and Two-Family Primary/Secondary Residential (PS) districts. On August 13, 2007, the PEC forwarded a recommendation of approval for the proposed amendments by a vote of 6-0-O.The Community Development Department recommends that the Vail Town Council approves Ordinance No. 25, Series of 2007, on first reading. There have not been any negative or non-intended uses. An applicant can build a third dwelling unit on a parcel as long as it its deed restricted. Hitt clarified the unit must be attached. Moffet. moved to adopt they ordinance with Foley seconding. The motion passed unanimously, 6-0. The eighth item on the agenda was the First reading of Ordinance No. 26, Series of 2007, an ordinance approving the sale of the deed restricted property in the Town of Vail legally described as Vail Heights Condominium Unit # 11, Eagle County, Colorado with a physical address of 2079 Chamonix Lane, Vail, Colorado. Town Attorney Matt Mire explained that on May 29, 2007, the town bought Vail Heights Unit #11 for $280,000. It is cone-bedroom, one-bathroom unit in West Vail. The purpose of purchasing the unit was to add inventory to the town's housing stock for its employees. The town will sell the unit to a mechanic; in the town's Public Works Department at the end of August, 2007, at a deed restricted price of $174,500. Moffet moved to adopt the ordinance with Foley seconding. During a pause for public comment, Kaye Ferry said she believed all employees within the town should be eligible for such housing. Stephen Connolly spoke in support of the ordinance. The motion passed unanimously, 6-0. The ninth item on the agenda was the First Reading of Ordinance No. 18, Series of 2007, an ordinance amending the prescribed zoning regulations, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for modifications to Section 12-6A-9, Site Coverage, Vail Town Code (Hillside Residential District), to increase allowable site coverage from 15% to 20%. On June 11, 2007, the PEC held a public hearing on the request to amend the prescribed zoning regulations for the Hillside Residential District to increase allowable site coverage from 15% to 20%. Upon consideration of the request, the Commission approved a motion recommending approval of the text amendment to the Vail Town Council by a vote of 5-1-1(Clevelarid opposed, Gunion recused). On July 17, 2007, the Town Council unanimously tabled this item after providing feedback. Dave Kasak with Zehren and Associates asked for a modest increase of Gross Residential Floor Area and site coverage. Logan moved to approve the ordinance with Hitt seconding. The motion failed 4-2, with Logan and Slifer voting for the ordinance. The tenth item on the agenda was Adjournment. Moffet moved to adjourn with Foley seconding at approximately 7:45 p.m. The motion passed unanimously, 6-0. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher. TOWN OF VAIL REVENUE HIGHLIGHTS August 30, 2007 Sales Tax Sales tax collections for the month of July are expected to be $1.3 million, flat with July, 2006. Year-to-date collections of $12.6 million through July, however, continue to exceed last year's year-to-date by 6.7%. For comparison, inflation as measured by the consumer price index was up 2.4% in July compared with the prior year. Construction Permit Fee Revenue Construction permit revenue, which can be considered an indicator of redevelopment activity, continues its strong trend with year-to-date construction permit fees of $2.1 million up 70% from the same period last year. Year-to-date permit fees include $1.5 million from major construction projects: the Arrabelle at Vail Square, Cascade Residences, Forest Place, Four Seasons, Lodge Tower, Lodge at LionsHead, Manor Vail, Mountain View (formerly Apollo Park), Ritz Carlton, Solaris, Vail P aza Hotel, Westhaven Condominiums, and the Willows. Major projects were up approximately $685,000 or 81 % over last year while non-major projects .were up $200,000 or 41 %. Construction permit fees include building, electrical, mechanical, plumbing and sprinkler permits. Real estate Transfer Tax (RETT) Year-to-date RETT collections through August 27, 2007, total $4.1 million compared with $3.8 million for the same time period last year, an 8% increase. Major redevelopment projects including Forest Place, Gore Creek Place, Manor Vail and One Willow Bridge Road contributed $828,026 or 20% of the total in 2007 while only $464,500 or 12% of the total in 2006 consisted of major redevelopment projects. 070904 Revenue Highlights - 1 Thomas Consultants Inc. Suite 1650, Commerce Place ~' 400 Burrard Street Vancouver, BC ~ Canada. V6A 3A6 Tel: 604.687.21 10 Fax: 604.688.1788 `~ www.thomasconsultants.ca '' kmcdonaldwailgov.com k ~ Ms Kelli McDonald Economic Development Manager Town of Vail -Town Maintenance Office 75 South Frontage Road Vail, Colorado 81657 . United States of America Tel (970) 479-2454 Dear Kelli, Re: Revised Retail Strategy Program Dear Kelli, August 16'", 2007 It was such a pleasure to meet you and the team recently. I really enjoyed our discussion. I must admit I was literally flabbergasted at the streetscape improvements - It is over 2 years since I had that bad accident at Beaver Creek which put me on crutches for a year. I've been visiting Arrabelle in the meantime but regrettably never ventured into the village itself - what a revelation! I could not have been more impressed. All the things I mentioned about the objectives of a proper streetscape program have been done with aplomb. I apologize for my ignorance. Notwithstanding, there are still areas for improvement: - Invoking a policy in the village core that retail must always be at grade level. This avoids the situation of having residential on the street which breaks up the rhythm of the street. - Certain establishments also could do with a makeover including the icon Red Lion. The overall increase in quality standard is so impressive with flagship buildings like the Sonnenalp expansion, Austria House Hotel, One Willow, Vail Plaza, etc. Augmenting this will be the new Four Seasons Hotel, Polaris, etc together with all the new development in Lionshead. Town of Vail -Revised Retail Strategy Program Ref. #2007.28R Page 2, August 16, 2007 AI! of this creates a totally new chapter in the book of Vail. Overnight it has changed its paradigm and finally came up with an c>verall presentation befitting its reputation and stature. What is disappointing is that retail sales continue to lag. In the meantime, desirable tenants like Billabong, Theater, Nightclubs, continue to leave. This may not be as much of a problem physically but rather creating a publicity program to educate people about "The New Vail Village"... Highlight all the improvements that have been made and all the new attractions and amenities. In March 2006, a proposal was submitted to you how to improve the performance of Vail's retail offering. While much improvement has incurred ire the $13 million streetscape upgrading coupled with all the new development, unfortunately, retail sales continue to lag. It is believed that a lot of the original proposal still has validity but rather than doing it as one individual study, it could be broken down into several phases. In so doing, the program to improve the retail performance can be undertaken more with a rifle shot approach than the broader program suggested in March, 2006. As discussed, we will undertake the initial step of our full proposal program. Bettina the Framework Parameters In order to respond to your initial objectives, the following parameters have been outlined: Basic Objectives Clearly there are some objectives to be achieved, namely: - Evaluate Vail's retail performancE~ -how much space is needed and where should it be located - Benchmark other resorts - Analyze retail trends - Evaluate region's competitive influences - Prepare critical evaluation of Vail's retail nodes Retail Health An evaluation is required to determine the retail health that exists in Vail today, namely, key issues such as: - Rent to sales imbalance - Flat sales -retail leakage - Vail pricing - Retail not evolving/adapting quickly enough - Quality of retail experience Town of Vail -Revised Retail Strategy Program Ref. #2007.288 F'age 3, August 16, 2007 - Hotel occupancy/room pricing - Employee housing location - Shifting market/visitor profile Proposed Work Program In order to respond to our project understanding and the stated objectives, we have prepared the following work program. Proaram ComiJOnents As discussed, we believe there are various stages that have to be undertaken to achieve your goals. Given the budget amount approved by Town Council, we will execute the following tasks in this first phase of work: A) BACKGROUND ANALYSIS 8~ EVALUATION OF VAIL'S CURRENT RETAIL OFFERING Purpose: To review all relevant background information, as well as to hear from the local resort community on issues relating to Vail's retail offering and to undertake an evaluation of this offering to identify key issues and set the stage for ideas. A 1.1 Workshop Session # 1 -Project Kick-Off Meeting in Vail with Town of 'Vail staff to review work program and scheduling and to gather relevant backcround information. A1.2 In order to grasp an overall understanding of the challenges and opportunities that Vail has, key interviews should be undertaken with the following key groups: - Resort management - Local associations - Private companies - Developers - Stakeholders/landlords - Retail tenants The objective of the Interview would be as follows: - Identify top issues affecting performance/experience - Review of Vail's tenant mix - Obtain business performance information (from Judy Camp) - Isolate strengths/weaknesses - Gain general impressions on destination and experience appeal for locals and visitors - Identify issues and opportunities - Reveal demographic characteristics - Determine and quantify expenditure patterns Town of Vail -Revised Retail Strategy Program Ref. #2007.28R Page 4, August ~6, 2007 Critical to this process would be fE~edback on the following issues: - Store selection -restaurants, coffee shops - Customer service in stores anci restaurants - Prices in stores and restaurants - Entertainment in evening/leisure activities - Ambiance - Parking - Perceived sameness of stores - Perceived lack of stores for residents - Perceived lack of amenities for children and families A1.3 Walk through of Vail's retail nodes/areas with Town of Vail staff to identify key issues and initiatives and related land use issues. Al .4 Review of all relevant land use policies, documents and plans in order to document Vail's current and future land use patterns. Al .5 Review and document all plannE~d and proposed new developments (of all types - retail, commercial, hotel, accommodation, fractional, residential, community services, etc.) in the community. Al.b Prepare a critical evaluation of Vail's various retail & dining nodes/areas, including but not limited to: ^ Vail Village & Bridge Street ^ Lionshead ^ Lionshead West ^ West Vail A1.7 Deliverables: Summarize Component One findings into a presentation summary document, which would include matrix tables, images and text to document and highlight key findings of the Issues/Ideas Identification resulting from Stakeholder interviews and Evaluation of Vail's~ Retail. B) PROFILING OF RETAIL 8~ RESORT RETAIL TRENDS Purpose: To establish a "visual database" of the latest in resort retail, as well as other retail trends and formats,. in order to forma "foundation of ideas" and benchmark comparisons. This task would incorporate the database information of resort proifiles that Thomas Consultants has built over its experience and would be enhanced with additional new research. Bl.l Prepare an "Analogue of Resort Community and Resort Retail Profiles" in order to illustrate the latest in trends and ideas, as well as to illustrate elements of success, performance benchmarks and failures. These profiles would document trends occurring in not just Alpine Resorts, but also those occurring in Golf Resorts, Desert Resorts, Beach Resorts, Eco-Touriism Resorts, Agri-Tourism Resorts, Culinary ~ Wine Town of Vail -Revised I~etail' Strategy Program Ref. #2007.28R Page 5, August 16, 2007 Resorts, Educational Resorts, Gaming Resorts, Urban Resorts and Heritage Resorts. These examples would not only provide profiles of Resort Retail Villages, but would also document examples of Resort Towns, Resort Main Streets and Resort Areas. For each profile, the following information items and criteria would be considered: ^ Approximate total size (calculated in square feet) of retail, food & beverage & entertainment. ^ Estimated merchandise mix (by size in square feet) of retail, food 8~ beverage 8~ entertainment. ^ Identification of key anchor components. ^ Size & type of anchors. ^ Zoning/guidelines for maximum store sizes. ^ Presence of large format stores versus smaller tenants. ^ Representation of national/international tenants versus local retailers. ^ Indications of annualized sales 8~ rental rate performance. ^ Photographic images of retail facades and elevation presentation ^ Elements of success and/or failure. B1.2 To complement the "Analogue of Resort Community and Resort Retail Profiles", an "Analogue of Retail Trends ~ Formats" would also be prepared to highlight standards and leading edge ideas in retailing, restaurants and entertainment. Some of the same criteria as noted above would be addressed by this Analogue, recognizing that the purpose of the Analogues is not to duplicate any project or place, but rather to consider the most successful elements of retailing today and moving forward into the future. B1.3 Deliverable: Summarize findings into a presentation summary document, which would include profile pages for each case study as well as a summary matrix table to document highlights of the Analogue of profile examples and treads. PROPOSED FEES 8~ TIMING Based on the articulated work, scheduling, deliverables and project team time commitments (as follows), we would undertake this assignment for a professional fee budget of US $22,000 (excluding travel expenses, disbursements and taxes). Additionally, we estimate that out of pocket expenses (for travel expenses) would be a maximum of US $3,000. Fees and disbursements will be invoiced on a monthly progress basis, with payment due 28 calendar days from the date of invoice insurance. All expenses and disbursements for travel, printing, etc. would be bills at cost in addition to the fees identified above. In order to begin the assignment, a retainer fee amount of US $3,300 would be required. Town of Vail -Revised Retail. Strategy Program. Ref. #2007.28R Page 6, August 46, 2Q07 Additional terms of our engagement are presented in the attached Appendix A: Additional terms 8~ Conditions of Proposal. Should this proposal be acceptable, please signify your approval to the identified Work Program Tasks, Fees, Charge Rates, as well as the identified Terms 8~ Conditions, by providing your signature in the space provided below, and provide one signed copy of this proposal contract to us. CONCLUSION We thank you for the opportunity to submit our proposal and we look forward to the opportunity to continue our involvement in helping Vail to assess, identify and define its "Retail Positioning Strategy" while maintaining its unique strength and appeal as a Resort Community. Please do not hesitate to contact us at +1-604-687-2110 (office) to discuss our proposal. We look forward to the next steps of the study process. Respectfully submitted. Yours very truly, THOMAS CONSULTANTS INC. ~ p - °~ Ian F. Thomas Chairman Per: TOWN OF VAIL Name of Signing Authority & Title 2007.28 Town of Vail -Revised Retail STrategy Program - OS-16 Town of Vaif -Revised IRetail Strategy Program Ref. #2007.28R F'age 7, August 16, 2007 APPENDIX A PROPOSAL TERMS 8~ CONDITIONS THOMAS CONSULTANTS INC. In addition to the terms of the proposal, by signifying approval to proceed with the proposed work program, the following items are also agreed upon: 1) Project will only commence once any required retainer fees have received from the client by Thomas Consultants Inc. 2) All invoices shall be paid upon invoice receipt. 3) Overdue accounts will be charged interest by Thomas Consultants Inc. at a rate of 2% on all outstanding balances. 4) Final reports and deliverables prepared by Thomas Consultants Inc. shall not be provided until all outstanding accounts have been settled. 5) Should additional meetings be required, or the scope of the assignment or the deliverables increase, these items would be billed in addition to the proposed fees, at our regular charge rates. 6) This proposal shall remain in force for a period not longer than twenty-eight days of its date before being signed in acceptance by the client (as indicated on the last page of the proposal). If after twenty-eight days have elapsed the client has not accepted the proposal (as indicated by their sign-back), the proposal will become nullified at the dis~~retion of Thomas Consultants Inc. 7) This proposal is the property of Thomas Consultants Inc., and shall not be copied or revised without the expressed approval of Thomas Consultants Inc. 8) Exclusion: It is a term of the agreement between Thomas Consultants Inc. and the Client that Thomas Consultants Inc. and its officers, employees, subcontractors, and agents do not assume any liability for the statements, comments, suggestions, or representations made in any written or oral report, whether such possible liability arises from negligence, errors, omissions, breach of contract, breach of warranty, misrepresentation, fundamental, breach, strict liability of otherwise, and whether such act is for consequential damage, property damage, personal injury of any nature or otherwise. 9) Indemnity: The Client agrees to indemnify and save the company, as well as its officers, employees, subcontractors and agents, harmless from and against all claims, demands, costs, damages, suits, expenses and liabilities which they may incur or suffer by virtue of, in connection with, or arising out of he services being provided by Thomas Consultants Inc. 10) This agreement constitutes the entire agreement between the parties, and no amendments may be made hereto unless made in writing and singed by the Client and Thomas Consultants Inc. MEMORANDUM To: Town Council From: Kathleen Halloran Date: September 4, 2007 Subject: Supplemental Appropriation On August 21, Town Council approved the first reading of Supplemental Appropriation #2 of 2007. On Tuesday evening you will be asked to approve the second reading of Ordinance No. 24 making supplemental appropriations and adjustments to the 2007 budget. The following information is attached for your review: • Second Supplemental Appropriation Request of 2007 • Statements of Revenue, Expenditure, and Changes in Fund Balance includling the second supplemental • Ordinance No. 24 The following items have been added since the first reading of the supplemental: RETT Fund Vail Resort's contribution toward the Seibert Circle project was increased from $200,000 to $225,000 based on Bill Jensen's update to Council on August 21 sr The details for all supplemented items are outlined in the attached spreadsheet S-1. 070904 Supp 2nd _ 1 _ Proposed Supplemental Appropriations and Budget Adjustments #2 of 2007 Revenue Expenditure Increase Increase Description (Decrease) (Decrease) Reason General Fund Investment Income Collection Costs Other Federal Grants Other State Revenue Emergency Mgmt &CERT Fire Dept -Overtime Out of Cycle Contributions Out of Cycle Contributions Charter Bus Service Charter Expense Professional Dues Publication of Legal Notices Bank Charges -Transit Misc Revenue -Incident Mgmt Team Uniform Expense -Incident Mgmt Team Wendy's purchase Employee Housing Unit purchase Professional Fees Subtotal General Fund 370,000 (43,998) 30,375 32,175 32,175 40,000 273,000 15,000 15,400 15,364 31,100 12,000 20,000 3,150 3,150 22,000 200,500 26,700 Conservative estimate based on current overage and projected income 5% of RETT collections for administration; related to revenue reduction Drug Enforcement Grant revenue Reimbursement from Homeland Security for Emergency Mgmt Training Emergency Mgmt Training & Citizen Emergency Response Team (CERT) Expenses Overage due to staging shortage and fire student pay structure revision at end of 2006 Per Council's direction on June 19 ($250K VVF, $18K Ski Museum; $SK Radio Free Minturn) Pending Council discussion - to help fund DIA exhibit for Co. Ski Museum Excess revenue from X Games (total revenue $58K) Expense for X-Games CO Assoc of Transit Agencies (CASTA); dues & lobbyist for add'1 grant money Increase in both volume and cost of legal publications Increase in both volume and rates for credit card fees on parking sales Contribution from Encana Oil & Gas, Inc. for Incident Management Team uniforms Uniforms for Incident Mgmt Team Transfer from General Fund to Capital Fund for closing costs related to purchase of Wendy's property Transfer from General Fund to Capital Fund for purchase of employee housing units Consultant to perform Construction Mitigation Fee study Capital Projects Fund Sales Tax Revenue Investment Income Sale of Vail Heights Unit Transfer from General Fund Buildings -Vail Heights Unit Buy Down Program Buildings -Pitkin Creek Unit Misc -Condo Dues Utilities -Electricity Transfer from General Fund Purchase of Wendy's property Email Archive Appliance Other Federal Grants Vehicles -Buses Parking Equip replacement Fire Infrastructure Supp 2 of 2007 407,102 690,989 1,350,000 Increase in projected tax revenue collections (100% to Capital fund) 200,000 Earnings projected at 4.95%; original budget was very conservative & based on less fund balance 174,500 200,500 To cover additional cost of employee housing unit purchase (Vail Heights &Pitkin Creek) 280,000 Purchase of Vail Heights unit I 1 (Chamonix Lane) (365,000) Use buy-down funds toward purchase of employee housing units 460,n00 Purchase of Pitken Creek Park unit 6-1Y 1,875 6 months of condo dues for Pitkin Creek unit 250 6 months of electric utilities for Pitken unit 22,000 Closing costs for Wendy's properly purchase 22,000 Closing costs for Wendy's property purchase 16,000 Equipment for archival of email data -needed for compliance with legistlation effective Jan 1 2008 50,617 Additional grant money for bus replacement; more for Intermodal site in '08,'09,'10 ($4.SM total) 3,675,000 Purchase of 6 additional buses (7 total) per Council's approval Aug. 7; (moved up from 2008) 390,348 Moved 2009 expense up to 2007 based on need for new equip; per Council's approval Aug. 7 (2,650,000) Push construction costs for W. Vail Fire Station out to 2008/2009 8/29/2007 5:41 PM Proposed Supplemental Appropriations and Budget Adjustments #2 of 2007 Revenue Expenditure Increase Increase Description (Decrease) (Decrease) Reason Fire Station Financing (2,000,000) Financing related to construction of W. Vail Fire Station (also pushed to 2008/2009) West & East Meadow Dr- Streetscape (150 000) Savings on construction o t Village Streetscape East Meadow Dr. -Streetscape Heat Generator for PD & Muni Bldg LH Parking Structure RFP LH Parking Structure RFP Subtotal Capital Projects Fund RETT Projects Fund RETT Revenue Collection Costs Investment Income Project Reimb /Shared Costs Construction Services Construction Services Construction Services Meadow Dr. Streetscape Construction Services -Seibert Circle ProjecfReimb /-,Shared Costs ' - Construction Services -Seibert Circle Recreation Master planning Subtotal RETT Projects Fund Dispatch Service Fund Project Reimbursement Subtotal Dispatch Service Fund Health Insurance Fund insurer proceeds Cobra Interest Income Short Terns Disability Claims paid expense Subtotal Health Insurance Fund Total All Funds > c s s (contingencies not needed) (500,000) Savings on construction costs (contingencies not needed) (150,000) Savings on construction costs (contingencies not needed) 75,000 Replacement needed urgently; estimated cost for equipment and install /construction 52,500 Legal and consulting fees to be reimbursed (includes an admin fee) . 50,000 Legal and consulting fees 50,117 1,155 473 (879,952) Arrabelle shifted from 2007 to 2008 (43,998) 5% of RETT collections for administration; related to revenue reduction 175,300 Conservative estimate based on current overage and projected income 10,000 One Willow contribuion towards kayak take-out; requiremt of construction project 10,000 Kayak take-out construction cost relating to One Willow project funding 282,815 Whitewater Park enhancements per Council's approval June 19 (incr to total of $376K) (422,000) Booth Creek Playground budgeted for full re-do in 201 1; remove other fixes budgeted in '07 (200,000) Savings on construction costs (contingencies not needed) 200,000 ~ Increase in construction costs; per Council's approval Aug. 7 225,000 ~~ ~s- Ahnowledge Vail-Resort's contributiori',towatd Sei6ert.Circle`~project-.increased by $2SK~at 8%21 meeting 200,000 Increase in construction costs; relates to Vail Resorts' contribution of $200K for Seibert Circle 104,500 Design cost for recreational assets as related to engineering study (469,652) 131317 72,000 Dispatch software -paid by Eagle County Health Service District 72,000 Dispatch software 72,000 72,000 147,000 l 0,600 6,300 (] 6,000) 628,200 163,900 612,200 223,467 2,661,979 Reimbursed claims from our stop-loss carrier (Insurance for claims over $70K) Increase in claim expense; based on projections from our third party administrator Supp 2 of 2007 3 8/29/2007 5:41 PM 2nd Supplemental of 2007 Second Reading TOWN OF VAIL 2007 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE GENERAL FUND Current Proposed Budget Ammended Ammended 2007 2007 Supp #2 2007 Revenue Local Taxes: Sales Tax Split b/t Gen'I Fund & Capital Fur 63/37 58/42 Sales Tax $ 10,741,500 10,741,500 10,741,500 Property and Ownership 3,007,998 3,007,998 3,007,998 Ski Lift Tax 2,890,000 2,890,000 2,890,000 Franchise Fees, Penalties, and Other Taxe: 807,000 807,000 807,000 Licenses & Permits 1,883,550 2,779,550 2,7'79,550 Intergovernmental Revenue 1,283,200 1,283,200 65,700 1,348,900 Transportation Centers 3,685,380 3,685,380 3,685,380 Charges for Services 752,856 801,606 (28,598) 773,008 Fines & Forfeitures 201,500 201,500 201,500 Earnings on Investments 425,000 425,000 370,000 795,000 Transfer from RETT _ Rental Revenue 754,908 737,220 737,220 Miscellaneous and Project Reimbursements 70,000 70 000 70,000 Total Revenue 26,502,892 27,429,954 407,102 27,837,056 Expenditures Salaries 12,099,741 12,099,741 69,837 12,169,578 Benefits 4,240,927 4 240 927 1 353 4 242,280 Subtotal Compensation and Benefits 16,340,668 16,340,668 71 190 16 411,858 Contributions and Special Events 1,176,664 1,176,664 288,000 1,464,664 All Other Operating Expenses 5,974,016 7,285,037 109,299 7,3!x4,336 Heavy Equipment Operating Charges 1,946,418 1,946,418 1,946,418 Heavy Equipment Replacement Charges 631,723 631,723 631,723 Dispatch Services 512,427 512,427 5'12 427 Total Expenditures 26,581,916 27,892,937 468,489 28,3fi1,426 Revenue Over (Under) Expenditures Transfer to Capital Projects Fund Transfer from Capital Projects Fund Transfer to RETT Transfer to Dispatch Services Fund Beginning Fund Balance Ending Fund Balance (79,024) (462,983) (61,387) (524,370) (222,500) (222,500) 12,664,979 $ 15,433,051 $ 15,433,051 $ 12,585,955 $ 14,970,068 $ 14,686,181 2nd Supplemental of 2007 Second Reading TOWN OF VAIL 2007 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND Revenue Sales Tax Federal Grant Revenue Lease Revenue Project Reimbursement Eagle County Grant Revenue Earnings on Investments and Other Total Revenue Expenditures Land Purchases Vail Heights Unit Pitkin Creek Unit East Vail Lodging Unit Wendy's Property Equipment Purchases Document Imaging Software & Hardware Upgrades Comm Dev Interactive Permit software Software Licensing Network upgrades/new UPS for computer rool Com Dev Plotter Web Page Development/Ecommerce Eagle County CAD / RMS Project Parking Equipment Replacement Police Copier Patrol Car Video Cameras Current Proposed Budget Ammended Ammended 2007 2007 Supp #2 2007 $ 6,308,500 6,308,500 1,350,000 7,658.,500 - 50,617 50„617 187,800 187,800 187,800 141,869 52,500 194,369 500, 000 500, 000 43,000 43,000 374,500 417 500 6,539,300 7,181,169 1,827,617 9,008,786 280,000 280,000 462,125 462,125 172,550 172,550 2,000,000 22,000 2,022,000 97,000 97,000 97,000 72,000 72,000 16,000 88,000 65,000 65,000 65,1700 45,000 45,000 45,000 20,000 20,000 20,000 92,500 92,500 92,;100 - 390,348 390,348 Fire Truck Rebuild/Refurbish 588,000 589,352 589 352 Fire Department Breathing Apparatus _ , _ Jail Video System Upgrade 12,000 12,000 12,000 Police Radio AMP in parking structures 50,000 50,000 50 (100 Heavy Duty Tire changer 17,500 17,500 , 17 500 Generator , 75,000 75 000 Office Equipment 17,000 17,000 , 17 000 Repower Buses _ _ , Replace Buses 167,605 3,675,000 3,842 Ei05 GPS for Buses 52,750 , 52 750 800 MHz radio system , Vehicle Expansion 44,800 44,800 44 800 Subtotal Equipment Purchases 1,120,800 1,342,507 4,156,348 5 498 855 Capital Maintenance - Bus Shelter Replacement 30,000 30,000 30 000 Capital Street Maintenance 830,000 830,000 , 830 000 Parking Structure Improvements 455,000 481,129 , 481 129 General Facility Improvements 446,000 744,627 , 744,627 Fire suppression in computer rooms 35,500 35,500 35 500 Flammable storage / Mag Chloride 24,000 , 24 000 Subtotal Capital Maintenance 1,796,500 2,145,256 - 2,145,256 Street Reconstruction Neighborhood Road Reconstruction _ _ Neighborhood Bridge Reconstruction _ _ Frontage Road -Ford Park _ Subtotal Street Reconstruction _ _ _ 5 2nd Supplemental of 2007 Second Reading TOWN OF VAIL 2007 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND Buildings & Improvements Fire infrastructure improvements Building Remodels Fiber Optics in Buildings Dobson Ice Arena Way Finding Improvements Donovan Park Pavilion Gymnastics Facility Municipal Building LH Information Center Renovation Creekside Housing Improvements Subtotal Bldgs /Improvements Streetscape Projects West & East Meadow Drive East Meadow Drive-Streetscape Heat Village Streetscape Subtotal Streetscape Projects Housing Program Budget 2007 Current Ammended 2007 Proposed Ammended Supp #2 2007' 2,000,000 2,767,229 (2,650,000) 117,229 50,000 50,000 50,000 15,000 15,000 15,000 7, 900 7, 900 9,896 9,896 29,634 29,634 5,612 5:,612 2,065,000 2,885,271 (2,650,000) 235 271 1,100,000 1,100,000 (150,000) 950,000 1,180,000 1,180,000 (150,000) 1,030,000 1,776,667 (500 000) 1 276 667 2,280,000 4,056,667 (800,000) 3 256,667 Buy-Down Program 100,000 365,000 (365,000) - Rational Nexus Study 1,999 1,999 Timber Ridge Debt Service Guarantee 925,000 925,000 Timber Ridge Legal /Zoning 32,558 32 558 Subtotal Housing Program 100,000 1,324,557 (365 000) 959 557 LionsHead Redevelopment LionsHead Improvements Intermodal Site Subtotal LionsHead Redevelopment Other Improvements TOV Strategic Planning (Vail 2020) West Vail Area Plan Street Light Improvement Program I-70 Noise LH Parking Structure RFP Bio-Mass Study E. Vail Radio Tower 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 from General Fund Total Financing Total Expenditures Revenue Over (Under) Expenditures Beginning Fund Balance Ending Fund Balance 89,764 89,764 - 89,764 - 89,764 150, 000 167, 920 167, 920 27, 300 27, 300 75,000 80,099 g0,Ogg 250,000 837,575 837,575 76,299 50,000 126,299 50,000 50,000 50,000 525,000 1,239,193 50,000 1,289,'193 7,887,300 15,255,765 1,155,473 16,411,:?38 2,000,000 2,000,000 (2,000,000> - (57,213) - (2,322,497) (2,322,497) (2,322,497) 222,500 222 500 (379,710) (322,497) (1 777 500) (2 099 997) 8,267,010 15,578,262 2,932,973 18,511,235 (1,727,710) (8,397,093) (1,105,356) (9,502,449) 3,151,373 10,256,602 10,256,602 1,423, 663 1, 859,509 754,153 6 2nd Supplemental 2007 Second Reading TOWN OF VAIL 2007 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX FUND Current Proposed Budget Ammended Ammended 2007 2007 Supp #2 2007 REVENUE Real Estate Transfer Tax 8,179,952 8,179,952 (879,952) 7,300,000 Federal Grant _ _ Golf Course Lease 123,018 123,018 123,018 Lottery Revenue 20,000 20,000 20,000 Project Reimbursements 150,000 164,065 235,000 399,065 Earnings on Investments and Other 57,000 184,700 175,300 360,000 Transfer from GF _ Recreation Amenity Fees 125,000 125,000 125 000 Total Revenue 8,654,970 8,796,735 (469,652) 8 327 083 EXPENDITURES Annual Maintenance RETT Management Fee 408,998 408,998 (43,998) 365,000 Rec. Path Capital Maintenance 216,300 234,837 234,837 Alpine Garden Support 54,080 54,080 54,080 Tree Maintenance 87,000 104,796 104,796 Forest Health Management 250,000 385,325 385,325 Street Furniture Replacement 20,000 20,000 20,000 Black Gore Creek Sand Mitigation 100,000 135,000 135 000 Park, Path & Landscape Maintenance 1,260,802 1,260,802 , 1 260 802 Subtotal Maintenance _ 2,397,180 2,603,838 (43 998) 2,559 840 Recreation Path/Trail Development Katsos Ranch 750,000 1,225,943 1,225,943 Cascade Bike Path 7,000 7,000 TimberRidge-Buffehr Crk Rd Separation 675,000 675,000 675,000 Trailhead Development 21,000 27,273 27,273 Meadow Drive Streetscape 920,000 920,000 (200,000) 720,000 Frontage Road Bike Trail _ _ Subtotal Pathways 2,366,000 2,855,216 (200 000) 2,655,216 Capital Maintenance ADA Compliance w/ VRD 50,000 126,848 126,848 VRD Agreements /Legal 50,000 52,444 52,444 Raw Water Project /Irrigation Control - 10,388 10,388 Stream Tract Incursion Survey 34,881 34,881 Big Horn Park -Per Safety Plan 216,756 216,756 Red Sandstone Park -Per Safety Plan 58,000 58,000 58,000 Retrofit Park Restrooms-3 seasons 172,404 172,404 Park /Playground Capital Maintenance 100,000 100,000 100,000 Landscape Medians 570,000 570,000 570,000 Turf Topdresser 12,000 12,000 12,000 Bear Proof Containers 180,000 199,500 199,500 Sibert Circle 699,095 400,000 1,099 095 Greenhouse 100,000 100,000 , 100 000 Subtotal Capital Maintenance 1,120,000 2,352,316 400,000 2,752,316 Art in Public Places (AIPP) Public Art 75,000 260,909 260,909 Project Management 66,000 66,000 66 000 Subtotal AIPP 141,000 326,909 - 326,909 Park Development Donovan Park 49,050 49,050 White Water Park 93,185 282,815 376,000 LionsHead Park 139,000 139,000 139 000 Booth Creek Park Redevelopment 422,000 422,000 (422,000) , - Skate Park 400,000 400,000 Kayak Take-out 10,000 10,000 Ford Park Master Plan-Improvements 100,000 100,000 100 000 Subtotal Park Development 661,000 1,203,235 (129,185) 1,074,050 TOWN OF VAIL 2007 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX FUND Current Proposed Budget Ammended Ammended 2007 2007 Supp #2 2007 Discretionary Projects Recreation Master Planning 104,500 104 500 Ford Park /Tennis Center Improvements 56,000 56 000 , 56 000 Total Discretionary Projects 56,000 56,000 104,500 160,500 Environmental Sustainability 250,000 250,000 250 000 Open Space Acquisition - 551,019 , 551,019 T otal Expenditures 6,991,180 10,198,533 ` 131 317 10,329,850 Revenue Over (Under) Expenditures 1,663,790 (1,401,798) (600,969) (2,002,767) Beginning Fund Balance 4,444,006 8,956,388 8,956,388 Ending Fund Balance 6,107,796 7,554,590 (600,969) 6 953,621 2nd Supplemental 2007 Second Reading a TOWN OF VAIL 2007 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE DISPATCH SERVICES FUND Revenue E911 Board Revenue Interagency Charges Town of Vail Interagency Charge Earnings on Investments E911 BOARD Capital Grant Project Reimbursement Other Total Revenue Expenditures Salaries & Benefits Operating, Maintenance & Contracts Capital Outlay Total Expenditures Revenue Over (Under) Expenditures Transfer to Capital Projects Fund Transfer from General Fund Beginning Fund Balance Ending Fund Balance Proposed 2007 Ammended Budget Supp #2 2007 563, 654 563, 654 901,858 901,858 512,427 512,427 - 72,000 72,000 1,977,939 72,000 2 049 939 1,470,322 475,119 50,000 1,470,322 475,119 72,000 122,000 1,995,441 72 000 2 067 441 (17,502) - (17 502) 329, 044 543,186 311,542 - 525,684 HEALTH INSURANCE FUND Proposed 2007 Ammended Budget Supp #2 2007 Revenue Town of Vail Interagency Charge - Premiums 2,242,900 2,242,900 Employee Contributions 241,600 10,600 252,200 Insurer Proceeds 5,000 147,000 152,000 Earnings on Investments 27,200 6,300 33,500 Total Revenue 2,516,700 163,900 2,680,600 Expenditures Health Inusrance Premiums Claims Paid Short-term Disability Pay Professional Fees Total Expenditures 299, 400 299, 400 2,143,800 628,200 2,772,000 56,000 (16,000) 40,000 17,500 17 500 2,516,700 612,200 3,128,900 Revenue Over (Under) Expenditures Beginning Fund Balance Ending Fund Balance - (448,300) (448 300) 475,154 1,009,273 475,154 560, 973 2nd Supplemental 2007 Second Reading 9 ORDINANCE N0.24 SERIES OF 2007 AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS TO THE TCIWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, DISPATCH SERVICES FUND AND HEALTH INSURANCE FUND OF THE 2(107 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 2007 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enactecl Ordinance No. 28, Series of 2006, adopting the 2007 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 than it should make certain supplemental appropriations and budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following supplemental appropriations and budget adjustments for the 2005 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the expenditure or (reduction) of said appropriations as follows: General Fund $ 690,989 Capital Projects Fund 1,155,473 Real Estate Transfer Tax Fund 131,317 Dispatch Services Fund 72,000 Health Insurance Fund 612,200 Total $ 2,661,979 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. 24, Series of 2007 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 ~>rovision 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 21st day of August, 2007, and a public hearing shall be held on this Ordinance on the 4th day of September, 2007, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED AS AMMENDED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 4th day of September, 2007. Rod Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 24, Series of 2007 - 2 MEMORANDUM TO: Town Council FROM: Community Development Department DATE: September 4, 2007 SUBJECT: Ordinance No. 25, Series of 2007, an ordinance amending Sections 12-6B-2, 12- 6B-3, 12-6C-2, 12-6C-3, 12-6D-2, 12-6D-3, 12-13-4, Vail Town Code, to change Type II Employee Housing Units from a conditional use to a permitted use in the Single-Family Residential (SFR), Two-Family Residential (R), and Two-Family Primary/Secondary Residential (PS) districts, and setting forth details in regard thereto. (PEC07-0042) Applicant: Town of Vail. Planner: Bill Gibson I. DESCRIPTION OF THE REQUEST The applicant, Town of Vail, is requesting a second reading of Ordinance 25, Series of 2007, an ordinance amending Sections 12-6B-2, 12-6B-3, 12-6C-2, 12-6C-3, 12-6D-2, 12-6D-3, 12-13-4, Vail Town Code, to change Type II Employee Housing Units from a conditional use to a permitted use in the Single-Family Residential (SFR;I, Two-Family Residential (R), and Two-Family Primary/Secondary Residential (PS) districts, and setting forth details in regard thereto.. II. BACKGROUND On March 23, 2003, the Planning and proposed text amendments and forwarded Town Council by a vote of 6-0-0. Environmental Commission reviewed the a recommendation of approval to the Vail On July 1, 2003, the Vail Town Council chose to approve the first reading of an ordinance to implement the proposed text amendments by a vote of 5-2-0. On July 15, 2003, and again on October 17, 2003, the Town Council tabled the second reading of this ordinance to an indefinite date. Before approving the second reading, the Town Council first wanted to await the outcome of the on-going gross residential floor area (GRFA) amendment .discussions (which were not approved until August of 2004) and other broader employee housing topics such as deed restriction compliance enforcement. On August 13, 2007, the Planning and proposed text amendments and forwarded Council by a vote of 6-0-0. Environmental Commission reviewed the a recommendation of approval to the Town On August.21, 2007, the Vail Town Council approved the proposed text amendments in the form of a first reading of Ordinance No. 25, Series of 2007, by a vote of 6-0-0. Ordinance No. 25, Series of 2007, has been attached for reference (Attachment A). 1 III. STAFF RECOMMENDATION The Department of Community Development recommends the Vail Town Council approve Ordinance No. 25, Series of 2007, on second reading to amend Sections 12- 66-2, 12-6B-3, 12-6C-2, 12-6C-3, 1;?-6D-2, 12-6D-3, 12-13-4, Vail Town Code, to change Type II Employee Housing Units from a conditional use to a permitted use in the Single-Family Residential (SFR), 1-wo-Family Residential (R), and Two-Family Primary/Secondary Residential (PS) districts, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria noted in Section VII of the August 13, 2007, staff memorandum to the Planning and Environmental Commission and the evidence and testimony presented. Should the Town Council choose to approve Ordinance No. 25, Series of 2007, on second reading, the Department of Community Development recommends the Town Council make the following findings: "1. 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 based upon the review outlined in Section. Vll of the Staff's August 13, 2007, memorandum to the Planning and Environmental Commission; and, 2. That the amendments further 1`he general and specific purpose of the Zoning Regulations based upon the review outlined in Section Vll of the Staff's August 13, 2007, memorandum to the Planning and Environmental Commission; and, 3. That the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserV~es and enhances its natural environment and its established character as a resort and residential community of the highest quality based upon the review outlined in Section Vll of the Staff's August 13, 2007,. memorandum to the Planning and Environmental Commission. " IV. ATTACHMENTS A. Ordinance No. 25, Series of 2007 2 Vail Town Council Attachment: A ORDINANCE NO. 25 SERIES OF 2007 ORDINANCE NO. 25, SERIES OF 2007, AN ORDINANCE AMENDING SECTIONS 12-6B-2, 12- 66-3, 12-6C-2, 12-6C-3, 12-6D-2, 12-6D-3, 12-13-4, VAIL TOWN CODE, TO CHANGE TYPE II EMPLOYEE HOUSING UNITS FROM A CONDITIONAL USE TO A PERMITTED USE IN THE SINGLE-FAMILY RESIDENTIAL (SFR), TWO-FAMILY RESIDENTIAL (R), AND TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL (PS) DISTRICTS, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Planning and Environmental Commission of the Town of V<~il has held public hearings on the proposed amendments in accordance with the provisions of the Vail Town Code; and WHEREAS, the Planning and Environmental Commission of the Town of Vail recommended approval of these amendments at its August 13; 2007 meeting, and has submitted its recommendation to the Vail Town Council; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail.Comprehensive Plan and are compatible with the development objectives of the Town; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development 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; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt these amendments to the Town Code. 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 allow Type II EHUs (employee housing units) as permitted uses in the Single Family, T'wo-Family, and Two-Family Primary/Secondary Zone Districts. (Text that is to be deleted is s#ic~er~. Text that is to be added is bold. Sections of text that are-not amended may be omitted.) Section 2. Article 12-6B, Single-Family Residential District (in part) is hereby amended as follows: 12-68-2: PERMITTED USES: The following uses shall be permitted in the SFR district: Single-family residential dwellings. Type 11 employee housing unit, as further regulated by chapter 13 of this title. Type IV employee housing unit, as further regulated by chapter 13 of this title. 12-68-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance ofa conditional use permit in accordance with the provisions of chapter 16 of this title. Bed and breakfast as further regulated by section 12-14-18 of this title. Dog kennel. Home child daycare facility as further regulated by section 12-14-12 of this title. Public buildings, ground's and facilities. Public or private schools. Public park and recreation facilities. Public utility and public :service uses. Ski lifts and tows. Section 3. Article 12-6C, Two-Family Residential District (in part) is hereby amended as follows: 12-6C-2: PERMITTED USES: The following uses shall be permitted in the R district: Single-family residential dwellings. Two-family residential dwellings. Type 1 employee housincy unit, as further regulated by chapter 13 of this title. Type ll employee housing unit, as further regulated bychapter 13 of this title. 2 Type IV employee housing unit, as furtherregulated by chapter 13 of this title. 12-6C-3: CONDITIONAL USES: The following conditional uses shall be permitted in the R district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfast as further regulated by section 12-14-18 of this title. Dog kennel. Home child daycare facility as further regulated by section 12-14-12 of this title. Public buildings, grounds and facilities. Public or private schools. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. ;,~-tf;~ Section 4. Article 12-6D, Two-Family Primary/Secondary Residential District (in part) is hereby amended as follows: 12-6D-2: PERMITTED USES: The following uses shall be permitted: Single-family residential dwellings. Two-family residential dwellings. Type I employee housing unif, as further regulated by chapter 13 of this title. Type 11 employee housing unit,~as further regulated by chapter 73 of this title. 12-6D-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this Title: Bed and breakfast as further regulated by Section 12-14-18 of this title. Home child daycare facility as further regulated by section 12-14-12 of this title. Public buildings, grounds and facilities. Public or private schools. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. .~ } 3 Section 5. Sub-Section 12-16-7-A (in part) is hereby amended as follows: 12-13-4: REQUIREMENTS BY EMPLOYEE HOUSING UNIT (EHU) TYPE EHU Zoning districts permitted by right or by conditional use Ownership/ Transference Additional GRFA' Additional Site Coverage /Reduced Landscape Area Garage Credit/Storage Requirement Parking Minimum/ Maximum GRFA of an EHU Density Type ll Permitted Use: The EHU shall not The EHU is n/a Allowed 300 sq. ft. of Per Chapter 12-10 as a 300 sq. ft. minimum. Allowed as Single-Family be sold or entitled to an additional garage dwelling unit. 1,200 sq. ft. third unit on Residential, Two- transferred additional 550 sq. area for the EHU. maximum. properfy. Family Residential, separately from ft. GRFA credit. Does not Two-Family the unit it is All-units not count as Primary/Secondary associated with. constructed with a density. Residential garage shall be required a minimum Conditional Use: 75 sq. ft, of storage ~~ ~ area in addition to normal closet space. This 75 sa. R. s__h_a___I_I /Seseadaq, l~i+~a be a credit for q residential; Agriculture storage only. & Open Space Section 6. If any part, section, subsection; sentence, clause or phrase o~f 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 phrscse thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 7. 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 8. 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 hereby shall not revive any provision or. any ordinance previously repealed or superseded unless expressly stated herein. Section 9. 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. Ordinance No. 25, Series of 2007 5 INTRODUCED, READ ON FIR:>T READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST REAC)ING this 21St day of August, 2007, and a public hearing for second reading of this Ordinance set for the 4th day of September, 2007, 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 4th day of September, 2007. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 25, Series of 2007 6 ORDINANCE N0.26 Series of 2007 AN ORDINANCE APPROVING THE SALE OF PROPERTY IN THE TOWN OF VAIL DESCRIBED AS UNIT 11, VAIL HEIGHTS CONDOMINIUM, ALSO KNOWN AS 2079 CHAMONIX LANE, VAIL, COLORADO 81657; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, the On May 29, 2007, the Town of Vail purchased real property described as Condominium Unit 14, Vail Heights Condominiums, according to the condominium map thereof recorded May 15, 1973, in book 229 at page 132 and as defined in Condominium Declaration recorded May 15, 1973, in book 229 at page 131, .County of Eagle, State of Colorado (the "Property'); and WHEREAS, the Property was purchased for $280,000.00 with the purpose, of adding inventory to the Town's housing stock for its employees, and it is intended to be sold with an approved deed restriction, at a deed restricted price of $174,500.00. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The sale of the Property is hereby approved by the Council at the deed restricted price of $174,500.00. The Town Manager and Town staff are hereby authorized to execute, on behalf of the Town, an agreement to sell the Property and to take whatever steps are necessary to complete the sale of the Property. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall. not 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 Ordinance No. 26, Series 2007 the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 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. INTRODUCED, READ ON FIIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST I~EADING this 21~ day of August, 2007, and a public hearing for second reading of this Ordinance set for the 4th day of September, 2007, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Lorelei Donaldson, Town Clerk Rodney E. Slifer, Mayor READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 4th day of September, 2007. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 26, Series 2007 MEMORANDUM August 29, 2007 To: Vail Town Council Stan Zemler Pam Brandmeyer Judy Camp From: Sally Lorton Re: July~Sales Tax On the reverse side please find the latest sales tax worksheet. I estimal:e I'll collect another $53,000.00 in July sales tax to bring July collections to $1,257,391.00. If so, we will be up 4.74% or $56,867.00 from budget and up .17% or $2,148.00 from :fuly 2006. onth 996 997 998 999 2000 007 002 Town of Vail Sales Tax Worksheet 8/29/2007 2003 2004 005 006 udgel 007 CO//BCtiOnS udget Variance Change /iom 2006. Change !rom Budget January 1,935,782 2,052,569 2,115,359 2,066,459 2,034,529 2,210,547 2,073,461 1,997,091 2,225,841 2,275,967 2,597,985 2,484,585 2,779,763 295,178 7.00°~0 71.88% February 1,993,389 2,089,673 2,153,121 2,021,486 2,223,670 2,366,321 2,281,833 2,171,163 2,362,825 2,429,377 2,527,130 2,416,869 2,714,535 297,666 7.42°0 12.32°.'0 March 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' 2,785,101 2,852,954 2,728,545 2,980,276 251,731 4.46% 9.23% April 966,993 874,427 1,107,334 952,843 926,771 1,043,431 870,875 871,468 992,157 915,554 1,280,324 1,224,558 1,328,259 103,701 3.74% 8.47°io May 318,920 329,783 382,718 370,864 388,721 448.234 414,248. 42R_919 477 505 ^58770 425,747 543,769 ii4,022 27.03% 26:53°~ June 594,907 630,366 633,400 692,811 721,774 751,439 657,707 742,755 732,113 834,913 805,362 770,187 951,656 181,469 18.16°.0 23.56°,'0 July 963,777 1.043,637 1,107,882 1,130,883 1,235,470 1,157,867 t,044,966 1,075,532 1,128,514 1,166,183 7,255,243 1,200.524 7,204,391 3,867 -4.05 ;a 0.32% Total 9,014,573 9,601,447 9,867,891 9,650,548 10,075,908 10,546,710 10,042,774 9,599,876 ~ ~ I'37 2 1~~ =~~~ -~ ~, t ~ 'r,-; Jr_.1 > 1 ~ nt ~, ~ _ ~,ii ~ t:,.y~l ~ _ ~ ~ r, i.1 - ~.t ~ ~ ~a % I August 990,650 1,073,430 1,183,926 1,050,004 7,038,516 1,724,275 1,084,318 1,029,446 994,445 993,985 1,055,614 1,009,670 September 630,453 637,831 735,608 806,600 877,313 747,766 713,574 679,208 757,033 795,807 832,549 796,263 October 413,573 472,836 515,531 536,204 547,201 486,570 484,425 508,092 532,537 566,173 614,396 586,933 November 601,208 707,166 656,596 582,260 691,445 571,783 642,293 591,269 623,646 713,117 799,582 762,393 December 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 2.549.032 2.771.258 2,639,726 Total 73,779,308 14,747,419 15,030,386 74,509,x21 15,232,588 15,411,044 15,106,801 14,578,983 15,466,979 16,483,979 77,841,680 17,050,000 August 23, 2007 Last month, eight Vail Mountain School ("VMS") students -Matthew White, Wes Batts, Robert Fitz, Tony Ryerson, Ande Brill, Kaitlin Zdechlik, Hilarie Bellis (crew) and Betsy Batts (crew), along with four parents -David White, Pete Brill, Dianne Batts (crew) and Suzanne Bellis (crew), collectively the "VMS for ALS" team, participated in an unforgettable experience -the Tri State Trek. The Tri State Trek is a 270 mile, 3-day bike ride fundraiser from Boston to New York benefiting the ALS 'Cherapy Development Institute ("ALS TDI"). ALS TDI is the world's largest research program for ALS. ALS, more commonly known as Lou Gehrig's disease, is a terminal disease that destroys nerves which control muscles in the body, so they no longer function. There currently is no cure for ALS, however, the mission of ALS TDI is to develop therapies to slow, arrest and ultimately cure ALS. The- main reason we participated in the trek was to honor our friends -Hilarie, Avery & Suzanne Bellis, and pay tribute to their father/husband -John Bellis. On June 22; 2006, John Bellis, age 46, passed away due to ALS. Our objective was to show the Bellis girls how much they mean to us and to do something tangible to help find a cure for this awful disease. During the trip, we had the privilege of touring the ALS TDI research laboratory in Boston and speaking to scientists conducting the research. The lab has recently partnered with the Muscular Dystrophy Association to double its funding and now has an annual goal of raising $12 million. The Tri State Trek is an important fundraiser for ALS TDI and a great awareness generator. During the ride, all of us who rode had to overcome both physical and mental challenges. The ride was difficult because of length, but since we all set our minds to it, we completed the ride. At each rest stop and throughout the ride, we were encouraged by our crew -Hilarie, Suzanne, Betsy & Dianne and by our new friends -Jennifer and Steven Bishop from Denver. Experiencing ALS has forged a strong friendship between the Bishops and the Bellises. Steven was diagnosed with ALS six years ago. It is very rare that someone can have the disease for that long and still be mobile. The ride was inspirational because every participant had a connection to this terrible .disease and was doing their part to make a difference. The VMS for ALS team was the largest and youngest team on the trek. We all benefited from the ride so much (from a bonding, friendship creating and physical testing perspective) that we hope to ride again next summer. We hope to have VMS student:> participating in the trek for years to come because it is an important step toward finding a cure for ALS'. and a great way to honor and respect the Bellis girls and the memory of John Bellis. In order to participate in the trek, the VMS for ALS team made a pledge to raise research funds for ALS TDI. We are writing to ask you to help us fund our commitment. 100% of the money we raise will go to fund research at ALS TDI. Your donation will be tax deductible and you will receive a tax letter from ALS TDI. All donations should be made out and sent to the following address: ~~n1~ ~o ~~ ~h ~ .. Thank you for considering our request. Sincerely, VMS for ALS ~~ ALS TDI c/o VMS for ALS /~~ N PO Box 581 I~ n ` Edwards, CO 81632 ~U ~ A~~