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HomeMy WebLinkAbout2009-12-01 Agenda and Support Documentation Town Council Evening Session VAIL TOWN COUNCIL EVENING SESSION AGENDA 0i. TOM VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., DECEMBER 1, 2009 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM /TOPIC: Citizen Participation. (15 min.) PRESENTER(S): Public 2. ITEM /TOPIC: Recognition of former Council Members, Mark Gordon and Farrow Hitt. (5 min.) PRESENTER(S): Dick Cleveland 3. ITEM /TOPIC: Vail Valley Medical Center Update (20 Minutes) PRESENTER(S): Doris Kirchner BACKGROUND: Doris Kirchner was recently named President and CEO of Vail Valley Medical Center. She will give a state of the hospital report to Council and the community and answer any questions. 4. ITEM /TOPIC: Town Manager's Report. a. Timber Ridge Budget. b. Revenue Update. (15 min.) PRESENTER(S): Stan Zemler 5. ITEM /TOPIC: Election Commission Appointments for the Town of Vail. (5 min.) PRESENTER(S): Pam Brandmeyer ACTION REQUESTED OF COUNCIL: Appoint two electors of the Town of Vail to the election commission of the Town of Vail, for a period of two years; November, 2009 to November, 2011. BACKGROUND: The election commission consists of the town clerk and two qualified and registered electors of the town, who during their term of office shall not be town officers or employees or candidates or nominees for elective town office. These two members shall be appointed by the council in the first December meeting following a regular town election, for a term of two (2) years and shall serve without compensation. The town clerk shall be \n 12/1/2009\n chairman. The election commission shall have charge of all activities and duties required of it by statute and this Charter relating to the conduct of elections in the town. In any case where election procedure is in doubt, the election commission shall prescribe the procedure to be followed. The commission shall provide procedures to establish proof of residency qualification where residency is in question. Upon a showing for good cause, the election commission may require proof of residency by any person registered to vote or attempting to register to vote in the Town of Vail . Said person shall not be qualified to vote in any municipal election until the election commission is satisfied that he has presented sufficient proof of residency as required by law or ordinance adopted pursuant to this Charter. The election commission shall provide for ballots and sample ballots or voting machines, for determination of the winner in the event of a tie vote, for canvass of returns and for the issuance of appropriate certificates STAFF RECOMMENDATION: The Town Clerk is requesting the Town Council to appoint Vi Brown and Summer Holm to the Election Commission of the Town of Vail , to serve from November 2009 to November, 2011. 6. ITEM /TOPIC: LionsHead Transit Center (30 min.) PRESENTER(S): Tom Kassmel ACTION REQUESTED OF COUNCIL: Review and discuss attached memo and provide staff with direction. BACKGROUND: The Town of Vail and the Vail Reinvestment Authority, are in the process of studying the feasibility of constructing a Lionshead Transit Center in response to past planning efforts. The purpose of the evening session is to present a more detailed phasing plan, refining the 1 B/2B Modified scenario and discuss strategies to value engineer the key components of the recommended scenario; and to have Council provide staff and the design team with direction to bring a recommended phasing plan and scenario through the design development (DD) and entitlement process. STAFF RECOMMENDATION: Provide staff and the design team with direction to bring the recommended Scenario 1 B/2B Modified forward thru Design Development and the Town's Entitlement process with a maximum total project budget of $15 million, authorize staff to enter into contract negotiations with the Design Team for the completion of Phase III - Design Development and Entitlements, and direct staff to update the Lionshead Master Plan to reflect the recommended solution and ultimate long term solution. 7. ITEM /TOPIC: First reading of Ordinance No. 24, Series of 2009, An Ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund, Heavy Equipment Fund and Health Insurance Fund of the 2009 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. (20 min.) PRESENTER(S): Kathleen Halloran ACTION REQUESTED OF COUNCIL: Approve or approve with \n 12/1/2009 \n amendments the first reading of Ordinance No. 24, Series of 2009. BACKGROUND: 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 2009, upon first reading. 8. ITEM /TOPIC: Second Reading of Mill Levy Certification, Ordinance No. 23, Series 2009. (5 min.) PRESENTER(S): Kathleen Halloran ACTION REQUESTED OF COUNCIL: Approve Ordinance No. 23, Series 2009, on second reading. BACKGROUND: Mill Levy Assessments must be certified to the County for collection annually; this ordinance authorizes certification. STAFF RECOMMENDATION: Approve Ordinance No. 23, Series 2009, on second reading. 9. ITEM /TOPIC: Resolution No. 26, Series of 2009, a Resolution approving a lease agreement between the Town of Vail, Colorado and the Colorado Department of Transportation regarding parking along the non - travel lanes of the Interstate 70 Frontage Roads located within the limits of the Town of Vail; and setting forth details in regard thereto. (10 min.) PRESENTER(S): Greg Hall ACTION REQUESTED OF COUNCIL: Authorize the Town Manager to enter in to a Lease Agreement with the Colorado Department of Transportation ( "CDOT ") in a form approved by the Town Attorney authorizing the use of the Vail Frontage Roads for both a pilot permit parking program and as overflow skier parking. BACKGROUND: On October 20th the Vail Town Council adopted the 2009- 2010 winter parking plan. The plan had a provision for permit parking to take place on portions of the Vail Frontage Roads which are owned by CDOT. On November 3rd the Town Council directed the Town Manger to send the letter to CDOT outlining the provisions for the parking program and Town commitments for use of the Frontage Roads. STAFF RECOMMENDATION: Authorize the Town Manager to enter into a one year lease with CDOT for the parking program discussed above in a form approved by the Town Attorney. 10. ITEM /TOPIC: Adjournment. (8:10 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT OT CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL \n 12/1/2009 \n BEGIN AT 6:00 P.M., TUESDAY, DECEMBER 15, IN THE VAIL TOWN COUNCIL CHAMBERS. \n 12/ 1 /2009 \n M. iV f3i7 4!� T' i VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: December 1, 2009 ITEM /TOPIC: Recognition of former Council Members, Mark Gordon and Farrow Hitt. PRESENTER(S): Dick Cleveland \n 12/1/2009\n M. iV f3i7 4!� T' i VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: December 1, 2009 ITEM /TOPIC: Vail Valley Medical Center Update PRESENTER(S): Doris Kirchner BACKGROUND: Doris Kirchner was recently named President and CEO of Vail Valley Medical Center. She will give a state of the hospital report to Council and the community and answer any questions. \n 12/1/2009\n M. iV f3i7 4!� T' i VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: December 1, 2009 ITEM /TOPIC: Town Manager's Report. a. Timber Ridge Budget. b. Revenue Update. PRESENTER(S): Stan Zemler ATTACHMENTS: Revenue Update 12.01.09 Timber Ridge Budget Timber Ridge Spread Sheet \n 12/ 1 /2009 \n TOWN OF VAIL REVENUE HIGHLIGHTS November 24, 2009 Sales Tax Sales tax information is not available as of the date of this report. Updated information will be provided at the December 1 St Council meeting. Use Tax Use tax collections as of November 24, 2009 total $701,902, a 10% increase from this time last year. The annual budget of $700,000 has been met. Construction Permit Fee Revenue Construction permit revenue through November 24 totals $780,371 down 68% from 2008. The 2009 budget assumed a 66% drop. The decrease in activity from the prior year is due to both major and non -major redevelopment projects underway in 2008. Major redevelopment projects so far this year make up 49% of the total dollars, and are down 81% from 2008. Revenue from non -major projects is down 23% from 2008. Real Estate Transfer Tax (RETT) RETT collections through November 24, 2009, total $2.3 million, compared to a full year forecast of $2.4 million. This amount is a 69% decrease from last year due to both major and non -major redevelopment projects. Eagle County as of September, 2009 is down 62% in sales dollars and down 47% in the number of sales transactions. At this time last year, the town had collected over $7.5 million in RETT from sales of major redevelopment projects such as Arrabelle, Forest Place, One Willow and the Vail Plaza. Year -to -date 2009 has seen limited sales from major redevelopment projects and is down 85 %. Collections not related to major projects year -to -date are 40% down from this time last year. Across all funds, total revenue of $36.6 million is down 21.6% year -to -date from this time last year and down 2.3% from the budget. Town reserves total an estimated $50.6 million. Finance / Budget/ Budget09/ TownCOLlnc ilNh9nos /091201 RevenueHighlights 12/1/2009 \n - 1 - 4 -1 -1 \n MEMORANDUM To: Vail Town Council From: Judy Camp, Treasurer, Timber Ridge Affordable Housing Corporation Date: November 24, 2009 Subject: Timber Ridge Budget On behalf of the Timber Ridge Affordable Housing Corporation ( TRAHC) Board, I am attaching the 2009 amended budget and 2010 annual budget as approved by the board this morning. In 2009, the favorable interest environment resulted in a significant reduction of interest expense on our variable rate 2003A bonds. These savings allowed us to redirect cash flow to increase our 2003A bond debt reserve fund to its required level and to pay off in full our 2003B 6.25% fixed rate bonds. Cash flow for the year after these items is projected at $140,000, resulting in an unrestricted cash balance projection of $1,047,322. The 2010 budget is prepared conservatively. Budgeted rents are $1,192 per month for a two - bedroom, one -bath unit, with 170 of the units rented to Vail Resorts under an annual master lease. Overall vacancy rates are projected at 8% in recognition of current occupancy, the slow economy, and expected lack of renters next summer in non - master leased units. Operating expenses for 2010 are essentially flat with 2009. Interest expense shows an increase of $603,000 because we budget based on the rate cap required by US Bank to support our letter of credit. Currently, the rate cap is set at 5.5 %, whereas the actual variable rate we are currently paying is less than 1.0 %. We expect to replace the 5.5% rate cap with a 4.0% cap when it expires in May. If interest rates continue at current levels, 2010 will also result in significant savings from budget. The 2010 budget reflects positive cash flow of $224,000 resulting in an unrestricted cash balance projection of $1.3 million. TRAHC is a non - profit corporation and a component unit of the Town of Vail. Its budget is prepared on a full accrual basis. \n - 1 - 12/1/2009 \n 4 -2 -1 \n M. iV f3i7 4!� T' i VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: December 1, 2009 ITEM /TOPIC: Election Commission Appointments for the Town of Vail. PRESENTER(S): Pam Brandmeyer ACTION REQUESTED OF COUNCIL: Appoint two electors of the Town of Vail to the election commission of the Town of Vail, for a period of two years; November, 2009 to November, 2011. BACKGROUND: The election commission consists of the town clerk and two qualified and registered electors of the town, who during their term of office shall not be town officers or employees or candidates or nominees for elective town office. These two members shall be appointed by the council in the first December meeting following a regular town election, for a term of two (2) years and shall serve without compensation. The town clerk shall be chairman. The election commission shall have charge of all activities and duties required of it by statute and this Charter relating to the conduct of elections in the town. In any case where election procedure is in doubt, the election commission shall prescribe the procedure to be followed. The commission shall provide procedures to establish proof of residency qualification where residency is in question. Upon a showing for good cause, the election commission may require proof of residency by any person registered to vote or attempting to register to vote in the Town of Vail . Said person shall not be qualified to vote in any municipal election until the election commission is satisfied that he has presented sufficient proof of residency as required by law or ordinance adopted pursuant to this Charter. The election commission shall provide for ballots and sample ballots or voting machines, for determination of the winner in the event of a tie vote, for canvass of returns and for the issuance of appropriate certificates STAFF RECOMMENDATION: The Town Clerk is requesting the Town Council to appoint Vi Brown and Summer Holm to the Election Commission of the Town of Vail , to serve from November 2009 to November, 2011. ATTACHMENTS: Election Commission memo \n 12/1/2009\n MEMORANDUM TO: VAIL TOWN COUNCIL FROM: LORELEI DONALDSON, TOWN CLERK DATE: DECEMBER 1, 2009 SUBJECT: APPOINTMENT OF ELECTION COMMISSION Per Section 2.5 of the Town Charter, an election commission shall be appointed by the Vail Town Council in the first December meeting following a regular town election, for a term of two (2) years and shall serve without compensation. The election commission includes the town clerk and two qualified and registered electors of the town. The town clerk shall be chairman. The election commission shall have charge of all activities and duties required of it by statute and this Charter relating to the conduct of elections in the town. In any case where election procedure is in doubt, the election commission shall prescribe the procedure to be followed. I hereby submit the prospective election commission judges for your review and appointment for the next two years, from November, 2009 to November, 2011: Vi Brown 2556 Cortina Lane P.O. Box 547 Vail, CO 81658 Summer Holm 1858 West Gore Creek Drive Vail, CO 81657 \n 12/1/2009\n 5 -1 -1 \n M VIL" VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: December 1, 2009 ITEM /TOPIC: LionsHead Transit Center PRESENTER(S): Tom Kassmel ACTION REQUESTED OF COUNCIL: Review and discuss attached memo and provide staff with direction. BACKGROUND: The Town of Vail and the Vail Reinvestment Authority, are in the process of studying the feasibility of constructing a Lionshead Transit Center in response to past planning efforts. The purpose of the evening session is to present a more detailed phasing plan, refining the 113/213 Modified scenario and discuss strategies to value engineer the key components of the recommended scenario; and to have Council provide staff and the design team with direction to bring a recommended phasing plan and scenario through the design development (DD) and entitlement process. STAFF RECOMMENDATION: Provide staff and the design team with direction to bring the recommended Scenario 113/213 Modified forward thru Design Development and the Town's Entitlement process with a maximum total project budget of $15 million, authorize staff to enter into contract negotiations with the Design Team for the completion of Phase III - Design Development and Entitlements, and direct staff to update the Lionshead Master Plan to reflect the recommended solution and ultimate long term solution. ATTACHMENTS: Memo \n 12/1/2009\n MEMORANDUM TO: Town Council FROM: Tom Kassmel, Public Works Department DATE: December 1S 2009 SUBJECT: Lionshead Transit Center Feasibility Design Study I. SUMMARY The Town of Vail and the Vail Reinvestment Authority, are in the process of studying the feasibility of constructing a Lionshead Transit Center in response to past planning efforts including the Lionshead Master Plan (1998), A Report on the Recommendation of a Preferred Site for the Town of Vail Transit Center (2005), Vail 20/20 (2007), the Lionshead Transit Center White Paper (2008), and the Vail Transportation Master Plan (2009). The VRA has contracted with the 4240 Architecture Team to complete this design study. Since the kick -off with public and stakeholder group charettes on May 20 the design team has completed the following: • Established the givens, goals and measurable criteria of the project (6/2/09) • Outlined the current conditions, defined study areas, and tested "carrying capacity" of various study areas to accommodate program components. (6/16/09) • Transit analysis determining what transit elements need to fit now and in the future (7/7/09) • Presented 10 Scenarios for review with a recommendation for move 4 forward; Scenario's 1B, 2B, 213/4A Hybrid, 4A (8/4/09) • Presented refined scenarios for 1B, 2B, 213/4A Hybrid, 4A. It was recommended that staff refine, phase and scale back the 1 B /2B scenario, to minimize immediate construction costs. (11/17/09) The purpose of the evening session is to present a more detailed phasing plan, refining the 1 B /2B Modified scenario and discuss strategies to value engineer the key components of the recommended scenario; and to have Council provide staff and the design team with direction to bring a recommended phasing plan and scenario through the design development (DD) and entitlement process. Progress of the project since the project kick -off in May has been tracked on the Town of Vail website at http : / /www.vailgov.com /subpage.asp ?page id =916 . All formal documentation, memos and presentations are available here for your review. \n 12/1/2009\n 6 -1 -1 \n II. REVIEW OF DIRECTION As a result of the discussion by Council and Staff on 11/17, the key issues that became evident were: • Minimize immediate expenditures as the future of the economy and development impacts are not clear • Solve immediate problems, specifically; • Transit, using the 2B Transit only scenario with further investigation on need and appropriate location of vertical circulation. • Reduce congestion at E. LH Circle Mall area by relocating skier drop -off within the lowest level of the Lionshead Parking Structure • Phase in E. LH Circle Mall streetscape improvements, possibly at a scaled down level. Work with staff, community, adjacent property owners and TC to develop the overall character to a DD level. • Hold off on Concert Hall Plaza improvements and changes, thus maintaining the existing functions less ECO transit, which will ease congestion in that area. • A significant improvement such as the Southwest Portal Building was well received by the Council but thought to not be prudent at this time. Modest alterations to the existing Auxiliary Building to potentially include an aesthetic "facelift" and/ or public amenities — elevators / restrooms will be considered, to the extent that said improvements are able to be provided within the approved project budget. III. PHASING / COSTS & STRATEGY Due to the pending economy, a phased approach is recommended. Construction Year Project Budget 2010 • North Frontage Road Transit Facility / Improvements $4.3 m • LHPG Code Upgrades $3.0 m • Skier Drop -Off $1.0 m • Frontage Rd Intersection Improvements (CDOT minimum only - Not Ultimate Section with Median and Walls) $0.6 m $8.9 m 2011 • Required Vertical Circulation with restrooms $2.5 m and investigate Auxiliary Building opportunities 2011 (or later) • East Mall Streetscape (Modest to All Inclusive) $1.5 to $3.6 m TOTAL Budget (No Streetscape) $11.4 m (over 2 years) TOTAL Budget (w/ Streetscape) $12.9 m to $15.0 m \n 12/1/2009 \n 6 - 1 - 2 \n The above provided budgets will undergo value engineering as we go through the Design Development phase. The final construction budgets and contracts will be approved by Council /VRA. IV. DESIGN APPROACH Overall Design Approach: The overall design approach for Phase III (Design Development) will be based on the following considerations: • Maximize transit and streetscape program(s) to a maximum budget of $15m. This will include modifying project scope as presented on 11/17 as well as Value Engineering exercises of the existing scope to confirm pricing and maximize budget. The refined scope will be further identified and presented in the DD phase. • Develop the overall design comprehensively as a "complete" functional design to include all transit, LHPG alterations, East Mall streetscape and possible Auxiliary Building related improvements. Establish the overall project scope and character of the transit and streetscape improvements to a DD level of development. • Develop the design scope and implementation strategies to be delivered in phases, as outlined above • Provide updates to the Lionshead Redevelopment Masterplan as required. • Develop the project design to the DD level and through Entitlements process, including all entitlements approvals so as to allow for incremental implementation as deemed appropriate. Detailed Design Approach: Within each of the recommended project components, the design team will pursue the following detailed activities within the DD / Entitlements Phase: • Transit Improvements: Including the ECO relocation, code upgrades to LHPG, relocation of skier drop -off within the LHPG, and Frontage Road improvements, meet with staff, fire and building departments and pre - construction contractors to develop a comprehensive renovation and construction plan, based on general scope as presented on 11/17. Additional Value Engineering studies will be performed to maximize scope within budget. • Refinements to East Mall Streetscape: Further design refinements to East Mall streetscape area as generally defined in 11/17 Town Council Packet. We would envision meeting(s) with adjacent neighbors, Town Planners, Events Planners, PEC / DRB, and TC, Winston & Associates, etc. as required to facilitate design development and entitlements approvals. \n 12/1/2009\n 6 -1 -3 \n • Vertical Circulation - Further investigations for the optimal location(s) for vertical circulation to interconnect the multiple levels of the LHPG and facilitate access between the ECO drop -off and the East Mall. The ideal location will consider the potential for later phase improvements to Auxiliary Building and/ or Southwest Portal Building locations. Scope will include sizing the elevator(s) and determining the long -term operational elevator needs to serve the ADA access within the LHPG, as well as the general LHPG users. • Auxiliary Building - Detailed investigations into the viability of renovating and/ or re- cladding the existing Auxiliary Building to serve new guest services. Public restrooms, vertical circulation, Town Information Center, etc. may be appropriate uses within the renovated building. 4240 will additionally investigate the ability for the buildings exterior to be re -clad and aesthetically improved to better fit into the Lionshead Core and serve as a "gateway" element within the East Mall. Extent of proposed improvements to the Auxiliary Building will be considered to extent possible within the $15 million maximum project budget. V. RECOMMENDED STRATEGY We recommend moving forward with the Design Development phase of this project, which will include Master Plan amendments, for all of the above components with a maximum total project budget of $15 million (-$5 million Federal/ $10 million TI F); and also to proceed with Final Design and Construction Documents for the 2010 construction components (-$8.9 million) when appropriate so the final design can be completed by April /May of 2010. This strategy would allow the transit and skier drop -off components to be entitled and constructed in 2010, utilizing the Federal Transit funding; while the remaining components could be brought to a Design Development level, with construction drawings not needed to be completed until 2011 or until deemed necessary or prudent. This phased construction approach will allow more time to evaluate the state of the future economy, to have additional TIF revenue, and possibly understand future needs and development impact better. Having DD level plans and Town entitlements approvals ready provides direction for the long term for staff and future developments impacted by proposed improvements. VI. NEXT STEPS In order to move this project forward, and secure available Federal Funding, the following next steps and direction are requested: • Direction from Council to proceed with Design Development level completed documents and secure entitlement approvals for Scenario 1 B /2B Modified as outlined above. • Direction from Council to set the total project budget for up to $15.0 million, and anticipate supplementing the VRA Budget with -$8.9 million in 2010 and up to $6.1 million in 2011. \n 12/1/2009\n 6 -1 -4 \n • Direction from Council to have staff enter into negotiations with 4240 Architecture for Design Development and Entitlements for Scenario 113/213 Modified as outlined above and with anticipation to expand that to Final Design and Construction Documents for the Year 2010 components. The contract will be presented to Council /VRA for approval on January 5 th • Direction from Council to have staff update the Lionshead Master Plan to reflect the recommended scenario and recognize the ultimate long term solution needed to be a similar concept to 4A, whether it be on top a new parking structure or within a new development at some time in the future when needed. VII. STAFF RECOMMENDATIONS Provide staff and the design team with direction to bring the recommended Scenario 113/213 Modified forward thru Design Development and the Town's Entitlement process with a maximum total project budget of $15 million, authorize staff to enter into contract negotiations with the Design Team for the completion of Phase III - Design Development and Entitlements, and direct staff to update the Lionshead Master Plan to reflect the recommended solution and ultimate long term solution. \n 12/1/2009\n 6 -1 -5 \n M. iV f3i7 4!� T' i VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: December 1, 2009 ITEM /TOPIC: First reading of Ordinance No. 24, Series of 2009, An Ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund, Heavy Equipment Fund and Health Insurance Fund of the 2009 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. PRESENTER(S): Kathleen Halloran ACTION REQUESTED OF COUNCIL: Approve or approve with amendments the first reading of Ordinance No. 24, Series of 2009. BACKGROUND: 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 2009, upon first reading. ATTACHMENTS: Ord 24 4th Supplemental \n 12/1/2009\n MEMORAI DUM To: Town Council From: Stan Zemler Judy Camp Kathleen Halloran Date: November 24, 2009 Subject: 2009 Budget Amendment — Ordinance 24 On Tuesday evening, you will be asked to approve the fourth budget amendment and supplemental appropriation of 2009 upon first reading. The following information is a summary of changes proposed in the attached Statements of Revenue, Expenditures, and Changes in Fund Balances. General Fund Revenue has been adjusted by a total increase of $255,787. This includes $170,000 of additional county road and bridge tax collections, and a decrease of $50,000 in RETT administration relating to the adjustment to RETT revenue below (5% of RETT collections). All other revenue adjustments are charges for service or reimbursements relating to expenses also included in this supplemental appropriation. The following are a list of items that directly offset each other with both revenue and expenditures: • $27,000 for charter bus service revenue and offsetting salary expense • $20,000 for frontage road parking (Vail Resort's payment is passed along to CDOT) • $20,000 for police services contracted out by various special events producers • $17,500 for plan review of EverVail, reimbursed by Vail Resorts Development Co. • $17,310 relating to police participation in the regional drug task force • $13,000 of grant dollars used for our regional incident management team • $9,227 reimbursement for emergency incident responders to the Roan Cliffs fire • $5,000 of Library grant dollars used toward an energy audit of that facility • $4,500 of estimated expense for a police officer for the month of December reimbursed by the federal COPS grant • $2,250 of revenue collected for building code classes held at the town, offset by expense to purchase instructional materials There is only one expenditure item not reimbursed or offset by revenue: the refund of a building permit from 2004 for $5,625. Total expenditures supplemented: $141,412. Capital Protects Fund Several increases to revenue include Construction Use Tax of $200,000, which is based on current collections at this time. Employee Housing Fee -in -Lieu is expecting another $114,000 from the Ramshorn project. A significant adjustment was made to reflect federal grant dollars for the transit center. Due to timing of the project and grant reimbursements, both budgeted grant revenue and an offsetting transfer to the Vail Reinvestment Authority were reduced by a total of $1,279,166. A reduction in revenue of $28,000 is directly offset by a reduction to expense relating to improvements around utility areas near Sonnenalp. Sonnenalp will be paying for construction directly, which reduces the funds needed in the town's streetscape budget. \n 12/1/2009\n 7 -1 -1 \n Expenditures requested for appropriation include $5,000 of fees spent on the LionsHead Parking Structure proposal which is offset by reimbursement by Open Hillwood. Total adjustments are a decrease in revenue of $988,166 and a decrease in expenditures of $1,302,166. Real Estate Transfer Tax (RETT) Fund Staff is proposing to reduce RETT projections by $1,000,000 based on market conditions. The result is a 2009 projection of $2.4 million, which is a decrease of 73% from the record collections of 2008 ($9.1 million). Other adjustments include an increase in recreational amenities fees of $25,000 based on actual collections, and a federal grant of $8,000 for weed control management. Expenditures requested include $8,000 for weed management to correspond with grant dollars above, and a reduction of $50,000 of the 5% administrative expense to the General Fund based on reduced RETT projections. Total expenditure budget will be reduced by $42,000. Dispatch Services Fund Adjustments to revenue are offset by expenditures for this fund, and include the $73,000 replacement of a voice logger system, which will be reimbursed by the E911 Board. Annual expense relating to "air cards" or access charges of $6,599 will be reimbursed by the Avon police (the cards are for their vehicles). Revenue and expenditures are proposed at an increase of $79,599. Health Insurance Fund Based on recent information and actual experience, this fund needs to be adjusted to reflect an increase in revenue from stop -loss insurance collected by the town of $125,000 (budgeted modestly each year because it is based on individual claims costing over $75,000). Due to a change in how our COBRA insurance coverage is administered, the town will not reflect the revenue originally budgeted and a reduction of $20,000 is projected for that item. Claims experience is estimated to come close to budget this year, but staff recommends appropriating an additional $50,000 to allow for unexpected activity late in the year. Total budgeted revenue is proposed to increase by $105,000 and expenditures to increase by $50,000. Heavy Equipment Fund A loader (truck) costing $100,000 was budgeted and purchased in 2008, but delivery taken in 2009. The funds need to be re- appropriated to coincide with receipt of the truck. Both revenue and expense are adjusted for $12,000 to reflect the sale of old Motorola radios and the purchase of new radios to outfit the police Volvo's delivered this year. Summary The main objective of this final supplemental is to adjust the budget for reimbursed expenditures, and revise revenue projections. Across all funds, this supplemental proposes a reduction of $961,155 to expenditures. \n 2 12/1/2009\n 7 - 1 -2\n TORT OF VAIL 2009 BUDGET SUMMARY OF REVEI UE, EXPEI DITURES Al D CBAI GES 11 FUI D BALM CE GEI ERAL FUI D 2009 2008 2009 2009 4th Proposed 2010 2011 Actual Budget Amended Supplemental Amended Budget Forecast Comments Ite� Iotal'SUIcs I "ax Revenue: S 19,631366 S 19,400,000 S 16,600,000 S 16,600,000 S 16,600,000 S P4 Sines I'ax Split b Gen1 Fund & Capital Fwrd 59/41 61/39 59/41 61/39 61/39 Sales l'a- x - General FUlld S 11 ,6400.00 S 11,860,)00 S 9.760.000 S 9 S 10,126,)00 S 10,630,)00 Property and Ownership 4309,622 4.293,500 4,293,500 4293,500 5,013,647 5,013,647 Ski Lill Ian <,277.703 ?_190,000 1.115,000 3,115,000 3,115,000 3,193,000 Flinch is. IFa ,Penalties. and Otlr..J-s 1.075,209 899.935 1049,935 1,049,935 1,056,126 1.091.653 Li-,,- & PemriLS 3,903026 1.75.5,200 1,33.5,200 1,335.200 732.200 '45.000 S I70K ineicase in County Road & Bridge tax rullrct -, S9 2K rein, bursemen[ from state for Roan Cliffs fire response; SI3K Intergovenvnenlal Revenue 1.706,197 1308,719 1384953 196,727 1,581,680 1544,000 1 -62_75 irimbursement from stazc for Incident MgmI Tram; 54 sK COPS grant- bursemrnt for 'dl ary& brnc6 is for m onth 4 D.rcmbcr for a police offircr Ilansportation Centers 4,816,505 5,680,744 5.4S?.7d1 27000 5,459,744 5.4 744 50. "_900 Chart:r BUS S.......... r -bawd on armal rullrctions and offsetby sd]., czq-, bdJ Ch .r for Services 1.000,733 79 &838 716,788 (30,000) 686.788 724,775 691100 Sf 9)Kd d f I g I{LI'I Il ns; S?llK rav �.fnm pal'rc coot arrovetme(IOV PDo- t- trdfor ge4 ery spec al events - offsrt by sala y exprnsc bclon) Fines &ForleiWres 396,707 264000 260,000 264000 264000 269300 Earnings on luvesunenta 571,073 495,000 115,000 115,000 115,000 215,000 Rental R-l- 949.961 795300 906,382 906382 882796 905,000 SIOK from Vail Resorh forwinter perking on frontage road (paid m CDO1); SI l3K rr- bursemrnt for -S Task Poroc staff time sce Millaneous 2nd Project Re' b m :.eats 163,025 59,000 1111140 62,060 1 84500 92,800 91,000 foffsrx by sal y p b l n) SI �. K b f d R . Id, L Vad pl r s l g S K - ecogn'zrA f om L'b ay g ants (usad fo ana gy and' xpansas bJor ), S _K a�anuc f om bu Id'ng cod !assns (offsat by awpenses brJow) Tole] Rev - 33,809,761 1 31,396,236 1 28,487,942 1 255,787 1 28,743,729 1 29,095,088 30,029,775 Expenditures S?7K for chertu bus suvicc provided; S?)K police connut ovcrtlmc working special events;Sl J 3K police staff tlmc working on Mc Salaries 13,319,994 14.119592 13,673,687 76,777 13,750.464 13,534070 11 -1 -1105 rgiona]divg ask idi S.9K SMITtmo Id Roan Cl'ff, i erespon. o, S-K polirr salar expense id Dccrmbc rJatng to COPS giant Benefits 4.4)4.800 -4- 79538'_ rr 1,260 4,666,547 3619'13 I'Iti'l(8 Lpensc fronIt Cliffs firo p (cdmbursrd above) SubmtalC 1 Bon and BCncl its 17,724.794 11414,974 11 78,037 18,417,)11 I4.1 J9_1' 11=11'_173 -1 0111 , .l , '. Cont6butio end Special Fveata 1,366,668 1315,675 I__"125 1,322,121 1- _'2 1 All OU -Op tri l c -s 711?8,794 _,, 4 6,241,412 11 75 6,304,787 6,206,218 h ?I tt S?I)K for frontagr odd w'ntc parking; Sl 7sKplan wof -VII, SI K,pon,o clai ng to rg'onal' ncdrntmanagementtram S5.6K building penrrit refund; SSK use of Library grant dollars inward rncigy audit; S2 2K ,pon- forbid, ing code classrs Heavy Equipmen[Operuling Charges _1151,269 '_.147.637 1,940,928 1,940,928 2,074,812 2 Lquipmem Replacement Charges 635 ,903 678,881 67801 678,881 677,538 980,100 Dispatch Services 533,164 543,072 543,072 543,072 - 2213 544220 Total Expenditures 29,650,592 30,983,673 29,-065,392 141,412 29,20fi,804 2R,R55,088 30,035,622 Revenue 0... (Under) Expenditures 4,159,169 412,563 (577,4511) 114,375 (463,075) 240,000 (5,847) 'Transfer m Capital Projects Fund (441,000) (3,659,000) Employee Home Ownership Program (375,000) (250,000) (250,000) (240,000) (250,000) 1 & Change in Fund Balance 3,168,169 37,563 (827A50) (711075) (3,659,000) (255,847) Beginning Fund Balance 19,834,717 21563/11 23,002x46 23,002,886 2 '89,811 19610,ft 11 Ending Fund Balance S 23,002,886 S 21,600,974 S 22,175,436 S 22,299,811 S 18,630,811 S 18,374,964 Percent ro Annual ltev cone 66% W,� 78 ", n 7P,� 64 %. fit 7 - 1 - 3 \n 3- 'FOWL OF VAIL 2009 BUDGET' SUA1MARY OF REVh:1 LSE, EXPEI DI'1'URES, AI D ('HAI GES II FU! D BALAI CE CAPITAL PROdEC I S F l 1 D 2009 2008 2009 2009 4th Proposed 2010 2011 Actual Budget Amended Supplemental Amended Budget Forerast Comments lieu 1'0 ,.1 Sales Tax Revenue: $ 19,631,366 S 19,400,000 $ 16,600,000 $ 16,600,000 S 16,600,000 S 17,430,000 Sales Tax Split b/t Gen'l Fund & Capital Fund 59/41 61/39 59/41 59/41 61/39 61/39 Selnv l'ax- Capital Projects Fund $ 8,171,920 $ 7,540,000 $ 6,840,000 $ 6,840,000 $ 6,474,000 $ 6,800000 Il., Tax 608,483 1,000,000 500,000 200,000 700,000 500,000 500,000 2009 aetual collections are at $700K, meluding die Ramsihonh projeet I "j-1 Gratis Revenue 815577 1,400,000 1,400,000 (1_79,166) 120,834 2,508,015 1428000 'rransitcaate,gan[SI20K in'09 ad $148M in'IO; Also io 2010:$28.5K for Police Live Scan interface software; 2011: $828K for bridge reconsUVCtlon, MOOK bases Eagle County Grwv Revenue 50,000 Leaae Revenue 188,160 198.550 188550 188,550 184500 184500 Per Vail Commons commercial & resideatial leases Employee Housing F'-I.-Lin 529,481 48,000 72A00 114,000 186,000 $'SK reiinbursemeat from Vail Resortx for CDOT's study of 0he Fronmge Rd reloeatioa Project Reimbursement 982,360 - 210,000 (23,000) 187,000 - - (ErcrVuil)offtet by $28K dee- ae inreveaue from Soaaenalpolility /aheetseape project(see responding reduction to sheeLCCape expense below) Saleof Arose Duplex/ CGOL loan repaymam 30,000 775,000 5,000 e Earnings on Investments aad OOier - - F368 18,750 18,750 IR,750 '8,000 Total Revenue 11!133,349 111,195,300 9,229,300 (988,166) 8,241,134 10,4-1 M 1 2 15 8,917,500 Expenditures Capital Maintenance Expenditures Bus Shelter 25,566 30,000 27,000 27,000 27,000 27,900 Annual maintenance of town bus shelters Parking Structures 759,598 480,000 540,000 540,000 486,000 819,000 Elev aror rapluar,arl completed in 2 009: 2010 includes repair ofventllo[ion, fire system. painting & ru ,,t e-el, concrete and joints Facilities 53'_!11% 755.000 679,500 679500 473,000 450,000 2009 repair PW Shop wf and varioua repairs to nnuhicippl faeilities, 2010 roof l repair to : Vail Fire Stn, heating /ventilation repairs to --1 faeilities Builditrg Remodels 55.000 49,500 IV500 54,900 Oo-going minor remodelsofrarioua I own faeilities Creeksido Housing Improvements 60,000 54A00 51,000 54,000 54,000 Need to gut plumbing; eleetrical whiag; roofing, em. Sleet LigN lutprovemeats 72,724 75,000 67,500 '500 67,500 67,500 New sneeL lights and refurbish residential lighting Capital St" 't M ' ,,,area 1,696,772 1,505,000 1337,087 1337,087 73(1,000 1,153,500 O h going ma ntenance Loads ar d b idbes incl ud mg asphalt overlays, patching end repairs Fluimuablest.ruge Mue Chloride rontainmwht 5,600 - 16560 16560 _ Secondary wnlainment a round Mag tank'rcntohc gl�eul lank to meet e- ammerrt ` requirements; TI is is a contpliuuce issue. Fire Truck Rebuff Id R:fm1 -1, 570,000 2011: new fire yuck for W 1,1 Ialmr Audio Visual (( r l cc unity, PD car video) 31,846 61,150 61,150 61350 8,000 09 C,sardl ebambu stream 1,tg h id-'10 poli e, car earn eras Document 1 r,' 243301 106,699 106,699 110,000 111 OM Annual maintenance, s...... � liceusiag sad duv 2011 Software LILII Iillg - 68,200 68200 68,200 37A0 15.000 Jp1 rade M' ft p d c all equipment, mpl I I C. aervea upgrades, AS400. T'Ieae upgrades..curc yr _ rotation uI,,dule Hardware Purchases 65,999 84,380 y4_'"I x!_k0 45,000 65,000 Scheduled rotation o r PCn. print. r and servos Data Centet(COnywter Rae.,) - 120 ,,0 47,+00 17300 15,000 17,000 Fire suppr essroh i n cum put,r 1-r1l' III L11 ity and por at ems for 3 ru.m.s W eb,ile and e commerce 13.050 S0U 28,500 SSOU 11000 27.000 laaame, security &applieali -inl veballe Id.pment ( oavn Dev AroGIS System 5_',000 52,000 52.000 '0,000 Web access t. town GIS infonnalion lsimi lar m C.vaty' s wabsi,e GIS product) Fiber Optic,, io Baildiogs ' 1 17 1 000 1 5,000 15,000 21,000 17,000 Cabling / Network lafrastmet- to repair, maintain &upgrade Network upgrades 3).127 18300 18,300 18,300 30A00 21MO Computer netw epla ork systems- rcenrenl ey e1. ev env 3 -5 years m Coputer Aided Dispatch (CAD)/ RMS Project )59 51,650 5L650 5L650 55,0(10 57,000 County- wide "Computer Aided Dixputcli Records Mtint System" 7 - 1 - 4 \n -4- 'FOW I OF VAIL 2009 BUDGET SUA1MARY OF REVE1 UE, EXPEI DI'1'URES, Al D ('HAI GES II FU! D BALAI CE CAPITAL PROdEC I S h l'1 D 2009 2008 2009 2009 4th Proposed 2010 2011 Actual Budget Amended Supplemental Amended Budget Forecast Comments Comm De, 1pmracUVeP mit,ofi— - 25.(1011 25.000 25.000 2U0.U00 - Lpgmde of Pennt Pl s"'W.1 c; ompeiy will di' tone luplaort of or cur,ent sy Item L,, 1,v Interface software Webee) 2 &500 Funded by grant above; Link, our Live Scan s,flware to er oth anendes V eficl e Expansion 44.681 Mood 34.730 34.730 2009 continued, -opof Police Volvo, $16K; Forklift for PW$1 SK Alid —,ance Paid for by Capital Fund 3,672,893 3,394,180 3,364,256 3,364,256 2,409,000 3,525,800 .R t. Replacement Expenditures West Meadow Dive 1,119,317 600.683 600.683 Compleriuu ofprojeets' under contract; $200K in saving, nlready redacted Village Strcetscope 36.055 791706 (28,000) 764.706 300,000 h uwre —0, includes newspaper boxes, Checkpoint Charlie. Covered Bndge, ere. Neighborhood Road Recupst,oetwo 50A00 200,000 200 1 1, 800.000 0...I —1 residential street, -'09 design; Construction ,plit between 2010 and'11 Neighborhood Bndgm Ita;onevuction - 75,Ot10 150,000 150,000 - 1,050,000 0-1 ..if rexideatiol bndgex -2010 design (2009 budget will need to be re- appropriated in 20101; Coo,l,o Yioo in 201 I Fire Brea0tiog ApparzWl - 180.000 180.000 180.000 _ - Repl --ot of all (30) cylinders/ compressors; Older model eo —olly used not effective or safe ParkiogE ySystcui Egmpment 54,750 - 145,000 +5.(100 _ Metered l t"-y'p t ob,,lete atdrot—icebl by endor, 'I itne se,silp, for fellation poor to parking season Radio Equipment repla --ot (pub w d s, pub. safety 543.280 227.000 Replacement of 1998 radio, for P W. Fire. PD Office Equipmem> $5.00' 7.970 9.000 9.000 9.000 09 GIs Equip Heavy Equipment new capital - Gnnemte ,- Muni eipal BuilJuig' Dispateh 229.876 24124 '_0.124 200 1, finished up in 2009/ balance due on a cuu vast Replace Buses 3.688.536 143,400 173.400 1 -, i.400 2.199.600 1,203,400 -t d a hybrid d b . stocki r d cgs downtune whey buses need 010:1 y,tar'bu—,, 2011 2 Hybnd bun. Replacement Paid for by Capital Fund 5,680,084 684,400 2,270,913 (28,000) 2,242,913 3,599,600 4,05 0 3,40 Property Tax lnreemept - Reserved 341.000 431.000 Reserve for use io 2010 toward noosimetwo of the We,, Vail Fire Station Other Imp rm.ements West Vail Fire Station Planning: D—p, 6.900 300.000 300,000 2,890,000 2, 800.000 Continue planning and design prose.._Co,,,tooetmo in 201011 Arose. Dive - Duplex for Employ ec l 770A00 770.000 Development project for deed- res,,-d bon sine - will carrva... ro 2010 Buy -down Program - 500.000 500.000 500.000 314.000 500.000 Increased to $5000 per year as a part of 2009 per Housing SII'.nC Plam 2010 split between as (srcui I'u id,d by Pay in Lieu re-w e) Buy -down Proya'anr Funded by Pay -in -Lieu - - - - 186,000 _ Funding ee i for dte boy -dotru prugrem from developers electing fie employee housing pay -in -tier nplioo Variable Mel'1',r �e Si /We. Findiv Im [s 25,333 IR0,000 19ll.973 190,973 65,000 130,01)0 09 Vail Village way G odiog signs on order;$ 19UK for Main Vail ,nu,,d- about &Four Seasons 6 gal y- g provemen 10/11 Solaria For t09, d—,- on EV be,'m is 64:,� e,urrplete: these dollazs include drainage work per 1 -70 Noise 27,643 - 300,000 300,000 251.639 500.000 agreement with Bald Mtn townhomca (2010 deadline); Coo —,, ion of berm would be phased; cows no[ known at Otis time; Push ,e- oppmpna[iop to 2010 and 201 I; Eliminated Ote rual addition of$250K flora 201 I budget 1 -701-il -optic. 740347 - 168,781 168,781 _ 2 _009:Towu he, fiber optic connection to 1- 70eonidor forimprovod public ,ofety --roll 1-111111 Under round Utility t, 153296 - 156.000 156.000 _ lr.o,fi r of utility lines from aboveground Io underground; offset by $ISrK revenue above 6 Y improvemen from Holy Cross; work already compl -d end awaiting Gnat billing. Mann, Vail Sheet Plan 16,200 - 83,800 83,800 _ E- ePendi Wre related to impact fee paid by Manor Vail development; Keep funds io buddet due \n 1 2/1120 0 9 n to de, eloper ag,ee.�,ent 7 -1 -5 \n -5- IOW[ OF VAIL 2009 BUDGET SUMMARY OF REVE1 UE, EXPEI DI'1'URES, AI D ('HAI GES II FU! D BALAI CE CAPITAL PROdEC I S h l 1 D 2009 2008 2009 2009 4th Proposed 2010 2011 Actual Budget Amended Supplemental Amended Budget Forerast Comments Chamonix Area Planning 149,762 30,000 30,000 30,000 Contlnued work on Chamooix area Planning Housing Svatcglc Plan 13067 LH NA S rcWre. R,de. Ir1.o . .. t 009 5,000 5,000 h I xpctrJUrc :rdig[,is RIP; offset by reimbtrser-o .above Fire Impn,t I -ec Nexus study - - 15,000 15,000 - - Ncxas tAd to det...niuc redevelopment impact on Fire Depanmrart I'otcotial revenue source Traffic Intyetct hee sWdy 30,000 30,000 _ Study W determine redevelopmnet impact on traffic / potential revenue; identified as a next step in transportation plan 'fo comlete the see od phone ofnego[iatipg a contract and to recognize incremental costs due limber Ridge Lega1 LOning 44,520 - 100,000 IOU,000 - - mahigher numberofrespondants;' this will be coq idered aloanro i'imber Ridge Affordable Housing Corp. Timber Ridge Debt Service Ouerontee 925,000 921,000 Annual debt sn'tic: waiautee- a reyuimmeN of I R debt LionsHead Improvements 48,579 - 34,000 34,000 _ - 'fbis is of-by contributions from Vail Resorts and CDOI and covers completion of the transportation sWdy (currently underway) Frontage Bond Relocation 20,000 20,000 Sui dy of the Fronmga Rd eh.en.. (Evra reimbursed from Vail Resorts above 13i,-M... Study - - 50000 50000 _ C tf heig B' 'opt St A is pl)bi,,g f g to food n feasibility study .,,it being able to how a budget —y be culical f,)r ehgibllity 'Tota1 Other Improvements 1,279,766 710,000 3,673,554 5,000 3,678,554 3,616,639 3,930,000 Total Capital before Financing 11,416,938 4,788,580 9,749,723 (23,000) 9,726,723 9,625,239 11,509,200 Debt Service and Financing Debt Service on Outsmadiog Bonds 2 2,266,775 ^_,298,121 2,298,121 ' i 959 2 _79,572 Transfer W Vail Reinvesimem Authority - 1,400,000 1,400,000 (1,279,166) 120834 2 1 -v_15 390,000 tederal grantmoney b,VRA; VRA cover irg all e,perdit . fir the transitcenter project transfer from Dispatch Fund (75,000) 'I ransfer from G Fund (441,000) - - - '1'otal Debt Servicea oil Financing: 1,688,670 3,666,775 3,698,121 (1,279,166) 2,418,955 4,753,474 2,669,572 1'om1 Expenditures 13,105,608 8,455,355 13,447,844 (1,302,166) 12,145,fi7R 14,378,713 14,178,772 Re—re, Over (Under) Expenditures 1 (1,172,259Il 1,739,945 4,218,544) 314,000 1 (3,904,544) (3,919,198) (5,261,272) Transfer from General Food (3,659,000) Tmnsfer of Oenerul Fund Ibnd balance for 11 :.t V ail Fin Station conshvetioo Beginning Fund Balance 10154,128 2242 271 8.981,869 8,981,,X69 5,077,325 4,817,127 Ending Fund Balance N,981,N6Y 3,YN2,216 4,763,325 5,077,325 4,817,127 444,145) \n 12/1/2009 \n 7 -1 -6 \n -6- '1'O \VI OF PAIL 2009 BUDGET SUMMARY OF REVEI LIE, LXPEI Ill l'l'T2ES, AID CHAT GES 11 FUI D RALAI CE RFAI_ LS�1:k I E I'RAI SFER TAX 2009 2008 2009 2009 4th Proposed 2010 2011 Actual Budget Amended Supplemental Amended Budget Forecast Comments REVEL UE Real EState Tansfer Tax $ 9,09L917 $ 6241,000 $ 3,420,000 $ (1,000,000) $ 2,420A00 $ 4,283,000 $ 3.561,000 $IM ,eduetlo 'n 096axed ou market conditfohs, 201((_011: Rt S fans athdh S .one. ass -50% sold in each yeast s) .. oniet pitta Federal Grants 2400 149,458 8,000 157,458 $149K federal giant for tic limber Ridge /Bu Cfehr Creek pallh: 111: 11 aed m anagement gran, Golf Coarse LCaae 121010 120,000 120,000 120,000 121000 124.400 Annual lease payment ,runt Vail R2 ..atialt District VRD repaytncin for promissory note 5-2.325 341,098 341.098 31t,. {y 337,568 Note based o,, $1.6 M luau at 35°o oyer5-a, In[ergoveun,cutal Reveaue 2 _351'1 20(00 20,000 20,000 2((000 20,000 Lottery proceeds Project Raimb,,- -ts 4,102 2500 2500 I st Bank sponsorship of shopping bags Recreation Amenity Fees 54,822 25,000 47,000 25,000 72000 10 10,000 Baaed on actual collec4ons in 2009 Earnings on Inv -,,te and Other 489,913 162500 81 250 81250 40,402 15,879 2009 & 2010: Based on 5 %rGUm on pi,, year's 0,,d balance; 2011 bused on 1 Total Revenae 9,789,678 6,920,825 4,181,306 (967A00) 3,214,306 4,818,826 4,068,847 Capital Maintenance Expenditures Aam,nl Park and L,ad ... pa Main, c. 1.14? "l 1565.8' ,12 1290,882 8,000 1,298,882 1'125.475' 1_05.11' 0 _ .1smh park and p- p,- -i- a-aee, pmect l mgmt,$75K radali -it, expenses 2009 -II NI a .uec .. . c t Ice to Ge he,aI Ftnd("'��] 4,7.055 312.050 170A00 (50,000) 120,000 214,1 i0 178,050 ,col' RE I' I Collect pis lee'-,t-d,. the Gene.] Fsnd foradmuvsutnion Itec 125.111 153540 193,540 193,540 150,000 104,745 Capital lnaiatzaence of the Mwa'a receation path system I ree Maint 60,000 109.954 109,954 65,000 65,000 Rego la, manhten.vhce for vice t - It 'thin the town (spraying, removing. rim trees): 09 M continue with scale swaying on town -owned property . upp,a, $120 per tree Forest Heahll 211, 1- 265,000 265A00 265A00 265,000 265,000 Pine beede mitigation in conju n i-w'fares, service S,ree[Fumitura Replacement 14,178 20,000 25,983 25,983 22,500 22.500 Additions and replacement ofwaal umiture and M expand bike tack Wsta]latoas(at app-$ 1,000 per bike rack) Pa,k Playground Capital Maintenance 124368 110,000 I ULM) 110,000 115M0 90,000 Repair & M.ml,aaace ofplayg-ads, reetrooms, etc. Bald Momhtaia Underpass Maintenance 200,0110 I:econewuion ,f retaining wall that supports bike pads tvnugh the underpass Alpiaa Garden Support 90.000 55,620 55,620 55,620 55,620 65,564 ,\nnual sapporr, Flat with 2009 Black Gum Creek Saud Mitigct 93,431 90.000 180,569 180,569 90,00(1 100,000 Annual suppnd o(wutea p,ateciion progmms;'09 M move a waterline M make room for additional sand retention Total Capital 11a]uteum.cc 2,551,028 2,432,092 1 2,401,548 (42,000)l 2,359,548 2,500,748 2,254,041 Other I mprnvemcnts MeaJoss Drive S,reeucapc 63(212 411,788 411,788 09 I'or is e,, Meadow Dive (Lib.ry to Vail Road); ongoing costs under coa,raa Katsos Itaaclh Bike Pc01 223,020 7,000 7,000 09 for ss ci land re- vegetation - the last task in resurfacing rec path from Saab- to E. Vail 'I m,ber Ridg,Buffehs I -k Rd separation 7110,)00 700,000 Pad, Cmnt TimberRidga ,, Roust; offset by Fede.1(:rant of approx, $149K Lionshead M Meadoss 1)r 202 500 202500 202,500 Improventen[a to exiatiag bike path along (lift stream I ailh,ad Develop,ncin Ilnprovemeut 19,149 25.200 5500 21200 24,000 Improve(.10heada; Continued need throua]h 2012(a -hall pert'cal ADA C -,pli. tic. ssr VRD 24,968 10.000 8'5,8'81 85,881 10,0011 10,000 Shared costs it VRD ADA .: at t ]f 'Ft :'09 t dal l ataolf ehe1e =15; LH rts Iltary bldg ADA impmvet cats (lift)anda pressroom pgade at the Clubl -sc. Recreation Master Planning '5.12,1 6,415 6,415 Concew aad design of recreation assetimprovements; 2008 Ilia Vail Golf Coa,ve CWhh,uv: Streamwalk ADA& Safety improven,en LC 10,)14 1,033 1033 'fo coverts re -miaa 0n,,m- iag bill Greeahouse 250.000 250,000 Coet estim ate includes concrete base and otherconalraui -costs related Mi aata]]alm,n 1'erecuhouae Construct widoucd 6 abouldera aMng all fmnugc roads; first priority is Blue Cow Cha,c to Last Vail; path from Vail Mtn Frontage Road Bike La het Trails - - 150,000 I SO M - 1275,000 School M L - I cy lt; 2009 fad gn ($511KI i : vcy w,,,k (5100K on I,o1d); cona(ruct'on was badgated in 2010, but nv pushed to -'II I I Ford Park Master Plan - - 300,000 300,000 200 (1)0 2.150,000 Master plann ing,,,d pa,lcing survey work II'Itase 11; Reduced 2010 from SMM M $200K for just the -ti vuatio, of parking survey stork. Ford Park Impmvemenla 20UM 21H1,000 Ford Park pahnvork, restrooms and other improv emeaits Seibert Circle 85,534 212696 2, 96 1'ocompleteprj- 7 -1 -7 \n 7_ '1'O \VI OF PAIL 2009 BUDGET SUMMARY OF REVEI LIE, LXPEI 1111t RES, AID CHAT GES 11 FUI D RALAI CE R FAI_ LS�I:k I E I'RAI SFER TAX 2009 2008 2009 2009 4th Proposed 2010 2011 Actual Budg& Amended S'upplemculal Amended Budget Forecast Comments Raw Water/ Irrigation Control 4,175 - 371,752 371,752 - '1'or,imbursc1,1, River Water &San.fnrinflusvveture out at golfcourse; may,,, r6mb --,-1 from VRD($246K) Kayak 7'akl -- - - 10,000 10,000 _ Kayak take -out area along abeam (part of one Will- Bridge development agrenn,N and must be accounted for separately) Stream Tract Encroachment Survey 64 -881 64,881 Survey along Gore Creek Red Sandstone Pnrk Pel Safety plan 305 - -000 25,000 4311,0011 R sl li n ofplaygrowid I f ty 41 1 I; I - d :'t ,-1 fly -dl-ay and staff uorkiag on a plal u dral vs ill, palklig mid ADA ' -qu meal +. $21K u, li �sh da,lgn, $439K to be -.hinted iu du-'10 Booth Creek Playground D-p 111 2011: Constnlction is 2012 Booth Creek Perk redevelopment SO,Otlt1 D,,ign In 2011; Cuusllvction ill 2012 While wall, Park 27,948 5,000 5,000 3ld hole I bladcic _ aI WI'[euat,.r 1.'k list pmt ofl-1 toI -gun d c f-ti re, sy,, Skate 1'ark 48,924 Pen - councils ,ague; I I It 111:04 - tempurun skaw park Art in Pubfcl(.ecs - Pro 4it 131,537 75.000 215,ISh 215,156 80,00(1 80,0001 p lases I) ., at tvvo k_ p't iu I' ma'd,, is - approp' - d,ecll y- to accumulaw enough grams / . fu ids Public Art - Ivluralex mlucation 125,000 125000 1- ,,f,ned from Seibert pmj,ct ro cover cost of mI-l1 ng the Morals artwork Public Art- We,do„ Driv e Entry R5,000 85,000 'r-,,fet'red iu' 08 from scree-p, project to cover -1 Ofueil M endow Drive urtry feature Public Art- Operating 78,457 84_1511 84.359 84,359 85 -157 87,712 AIPP salary and opealing expenses related m RL I "1' Landscape M edians 16,502 300,000 300,000 - - Frontage road me dians alongside red, vcl opnle it pinj,cl.,,,- orking on lighting plan for is front of S.]ati,, Vail Plaza and Four Serious; remainders,, 2010 Public Reshnoms 5$075 - - - - 670,000 Ill fear down and Rebuild (and an]arg,) Fold Palk rostroonl; Rest'...., a1 W, Meadov, Drive & Vail Road; Per 10,21 Mt, pushed I'rom'09 m'11 Environmeaital Sli.- mability 221,542 211,0011 315,000 315,000 250,000 250,000 Environmental projects such as energy efficiency studies ofmunicipel buildings recycling prugiams ,etc. Capital Paid for by REl'f Funds: 1,662,576 651059 4,151,661 4,151,661 1,064,157 5,611,712 VRD- Managed F'aulity Projects Recreation Enhancement Account 120,000 120,000 120,000 12_ 000 124,440 R2. rye accoual for gull coarse improvements- funded by annua11- rev,,,,, (!,It C,,,,, Irrigation- VRD§ portion 16117.5'_2 1,607,522 1, 607,522 Finance VRD', poi-ii ou of irrigation,yst,m rep]a,emeat (5 -y ear pay back) Golf Course Irrigation I - 607522 1.116522 1,446,522 Based on estimates from Borne Engineering; split 50 % witli VRD (10 % reduaiou) Qolf Cnuae ClWhouse, Starter Shack eAC. 602,175 542 -175 541175 33,000 900,000 Improvements t-, ail ,,.a, - building -d main clubliou„ Golf Cows,- Other Improvements 634 -737 571,237 57L237 200,000 50.000 ADA access m clubhouse; bridge and retaining all repairs Dobson Ice \, -1 38943 1,085,993 975.993 975,993 100,00(1 15,000 09 Roof and central air repair, outer years lighting and lockcrrooms Ford l *vrk'1' vi's Cea[er lmpmvemen[, 16,800 115.986 115,986 115,986 175,000 200 -000 1i f b':I' g fFord Pali<[evi arts, walkways& reslroomroofper lease aL' enl; delayed due to palls master plan Alhlcli,I olds 20,280 18,280 (8,280 09 irriuminn sv,[em youth S,rvice� 164,983 164,983 164,983 25,000 09 ADA access and funiacex Gymnasli,( c nlcr 1,338 3V,21 27,621 27,621 '5.000 09 retaining walis'10 mechanical improvcmcnt, Native C�viter 10,000 10 wood open rail fencing Total VRD- Managed Faeinty Projects 57,081 5,989,819 5,590,319 5,590,319 690,000 1,289,440 Total Expenditures 4,270,685 9,071,970 12,143,528 (42,000) 12,101,528 4,254,905 9,155,193 12,vcuu, Over(Uuder) Expenditures 5,518,993 (2,151,145) (7,962,222) (925,000) (8,887,222) 563,921 (5,086,346) Beginning Fund Balance 11.769.273 6,929,791 17,288 266 17,28ti 266 8,401044 8,964,965 n 9n Ending Fund Balance S 17,288,266 S 4,778,646 S 9326,044 8,401,044 S 8,964,965 S 3,878,619 -8- TOW1 OF VAIL 2010 BUDGET SUMMARY OF REVEI UE, EXPEI DITURES, Al D CHAI GES II FU! D BALAI CE DISPATCH SERVICES FUI D 2009 2008 2009 2009 4th Proposed 2010 2011 Actual Budget Amended Supplemental Amended Bud Forecast Revenue E911 Board Revenue $ 607,183 $ 657,015 $ 688,918 S 688,918 $ 754,108 775,506 Interagency Charges 1,050,439 1,157,497 1,157,497 1,157,497 1,162,231 1,181,270 Town of Vail Interagency Charge 533,164 543,072 543,072 543,072 522,213 544,220 Earnings on Investments 18,763 12,142 5,000 5,000 5,000 10,000 Other 7,500 - 69,750 79,599 149,349 - - Total Revenue 2,217,049 2,369,726 2,464,237 79,599 2,543,836 2,443,552 2,510,996 Expenditures Salaries & Benefits 1,588,183 1,732,699 1,753,602 1,753,602 1,854,062 1,933,396 Operating, Maintenance & Contracts 459,767 499,535 499,535 6,599 506,134 511,633 527,600 Capital Outlay 50,121 135,000 124,750 73,000 197,750 50,000 50,000 Total Expenditures 2,098,071 2,367,234 2,377,887 79,599 2,457,486 2,415,695 2,510,996 Revenue Over (Under) Expenditures 118,978 2,492 86,350 - 86,350 27,857 0 Transfer to Capital Projects Fund (75,000) - - - - Beginning Fund Balance 918,366 821,458 962,344 962,344 1.048,694 1,076,551 Ending Fund Balance S 962,344 S 823,950 S 1,048,694 S 1,048,694 S 1,076,5 S 1,076, \n - t2/1 /2009\n 7 -1 -9 \n TOWI OF VAIL 2009 BUDGET PROPOSAL SUMMARY OF REVEI UE, EXPEI DITURES Al D CHAI GES II FUI D BALAI CE HEALTH II SURAI CE FUI D 2009 2008 2009 2009 4th Proposed 2010 2011 A Budget Amended Supplement Am Budg Forecast Revenue Town of Vail Interagency Charge - Premiums $ 2,394,290 $ 2,515,000 $ 2,515,000 $ 2,515,000 $ 2,510,000 $ 2,510,000 Employee Contributions 286,058 288,000 288,000 (20,000) 268,000 305,000 258,000 Insurer Procceds 111,957 20,000 20,000 125,000 145,000 100,000 32,000 Earnings on Investments 35,866 24,719 24,719 24,719 5,000 - Total Revenue 2,828,171 2,847,719 2,847,719 105,000 2,952,719 2,920,000 2,800,000 Expenditures Health Inusrance Premiums 287,533 339,660 339,660 339,660 365,000 340,000 Clahns Paid 2,163,853 2,448,059 2,448,059 50,000 2,498,059 2,650,000 2,510,000 Short-term Disability Pay 7,442 40,000 40,000 40,000 35,000 40,000 Professional Fees 20,000 20,000 20,000 20,000 20,000 25,000 Total Expenditures 2,478,828 2,847,719 2,847,719 50,000 2,897,719 3,070,000 2,915,000 Revenue Over (Under) Expenditures 349,343 - - 55,000 55,000 (150,000) (115,000) Beginning Fund Balance 990,117 1,089,099 1,089,099 1,089,099 1,144,099 994,099 Ending Fund Balance $ 1.332460 $ 1.089,099 $ 1.089.099 $ 1.144.099 $ 994,099 $ 879.099 \n jl2/1 /2009\n 7- 1 -10 \n TOWI OF VAIL 2009 BUDGET PROPOSAL SUMMARY OF REVEI UE, EXPEI DITURES Al D CHAI GES II FUI D BALAI CE HEAVY EQUIPMEI T FUI D 2009 2008 21109 2009 4th Proposed 21110 2011 Actual Budget Amended S upplemental Amended Budget F Revenue Town of Vail Interagency Charge $ 3,067,497 $ 2,910,595 $ 2,703,886 $ 2,703,886 $ 2,836,464 $ 3,243.(,53 Insurance Reimbursements & Other 111,337 38,800 58,800 58,800 - - Earnings on Investments 41,169 37,000 8,000 8,000 10,298 10,172 Equipment Sales and Trade -ins 77,964 79,880 79,880 12,000 91,880 123,240 233,580 Total Revenue 3,297,967 3,066,275 2,850,566 12,000 2,862,566 2,970,002 3,487,405 Expenditures Salaries & Benefits 899,228 1,010,532 942,623 942,623 965,912 986,368 Operating, Maintenance & Contracts 1,424,612 1,294,625 1,155,825 1,155,825 1,244,911 1,282,258 Capital Outlay 640,907 740,500 740,500 112,000 852,500 784,500 980,100 Total Expenditures 2,964,747 3,045,657 2,838,948 112,000 2,950,948 2,995,323 3,248,726 Revenue Over (Under) Expenditures 333,220 20,618 11,618 (100,000) (88,382) (25,321) 238,679 Beginning Fund Balance 1,734,787 1,617,232 2,068,007 (4,189) 2,063,818 1,975,436 1,950,115 Ending Fund Balance $ 2,0(,8,007 $ 1.637,350 I 2.079.6 I 1.975.430 $ 1.950.115 $ 2,188,794 \n 1f12/1 /2009\n 7- 1 -11 \n ORDII Al CE I O. 24 SERIES OF 2009 Al ORDII Al CE MAKII G BUDGET ADJUSTMEI TS TO THE TOWI OF VAIL GEI ERAL FUI D, CAPITAL PROJECTS FUI D, REAL ESTATE TRAI SFER TAX FUI D, DISPATCH SERVICES FUI D, HEAVY EQUIPMEI T FUI D Al D HEALTH II SURAI CE FUI D OF THE 2009 BUDGET FOR THE TOWI OF VAIL, COLORADO; Al D AUTHORIZII G THE SAID ADJUSTMEI TS AS SET FORTH HEREII ; Al D SETTII G FORTH DETAILS II REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2009 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 25, Series of 2008, adopting the 2009 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain 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 budget adjustments for the 2009 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 141,412 Capital Projects Fund (1,302,166) Real Estate Transfer Tax Fund (42,000) Dispatch Services Fund 79,599 Heavy Equipment Fund 112,000 Health Insurance Fund 50,000 Total $ (961,155) Ordinance No. 24, Series of 2009 \n 12/1/2009\n 7 - 1 - 12 \n 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. 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 1st day of December, 2009, and a public hearing shall be held on this Ordinance on the 15th day of December, 2009, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 24, Series of 2009 \n 12/1/2009\n 7- 1 -13 \n M. iV f3i7 4!� T' i VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: December 1, 2009 ITEM /TOPIC: Second Reading of Mill Levy Certification, Ordinance No. 23, Series 2009. PRESENTER(S): Kathleen Halloran ACTION REQUESTED OF COUNCIL: Approve Ordinance No. 23, Series 2009, on second reading. BACKGROUND: Mill Levy Assessments must be certified to the County for collection annually; this ordinance authorizes certification. STAFF RECOMMENDATION: Approve Ordinance No. 23, Series 2009, on second reading. ATTACHMENTS: Ord 23 Mil Levy Certification \n 12/1/2009\n Memorandum To: Town Council From: Kathleen Halloran Date: November 24, 2009 Subject: Mil Levy Ordinance You will be asked to approve the attached mil levy ordinance upon second reading on Tuesday evening. This ordinance authorizes the collection of property taxes in 2010 based upon 2009 assessed valuations of property within the town's boundaries. Eagle County is responsible for assessing values and for collecting property taxes on our behalf. The town is required by Colorado state law to certify the mil levy by December 15 of each year. This ordinance has been updated to reflect the most recent information from Eagle County. Only a slight adjustment has been made, resulting in a decrease of $13,637 in expected property tax collections for 2010. The property tax authorized by the attached ordinance will generate approximately $4.96 million in revenue in 2010, representing approximately 11 % of the town's total revenue. \n 12/1/2009\n 8 -1 -1 \n ORDII Al CE I 10. 23 SERIES OF 2009 Al ORDII Al CE PROVIDII G FOR THE LEVY ASSESSMEI T Al D COLLECTIOI OF TOWI AD VALOREM PROPERTY TAXES DUE FOR THE 2009 TAX YEAR Al D PAYABLE II THE 2010 FISCAL YEAR. WHEREAS, it is necessary for the Town Council to provide for the levy, assessment and collection of Town ad valorem property taxes due for the 2009 year and payable in the 2010 fiscal year. NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1. For the purpose of defraying part of the operating and capital expenses of the Town of Vail, Colorado, during its 2010 fiscal year, the Town Council hereby levies a property tax of 4.833 mills upon each dollar of the total assessed valuation of $1,026,426,880 for the 2009 tax year of all taxable property within the Town, which will result in a gross tax levy of $4,960,996 calculated as follows: Base mill levy 4.690 $4,813,942 Abatement levy .143 _ 147,054 Total mill levy 4.833 4 960 996 Said assessment shall be duly made by the County of Eagle, State of Colorado, as directed by the Colorado Revised Statutes (1973 as amended), and as otherwise required by law. 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code 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 \n 12/1/2009\n 8 - 1 - 2 \n revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 17th day of November, 2009. A public hearing shall be held hereon at 6 P.M. on the I st day of December, 2009, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Cleric READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 1 st day of December 2009. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance 23, Series of 2009 -2- \n 12/1/2009\n 8 - 1 - 3 \n M. iV f3i7 4!� T' i VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: December 1, 2009 ITEM /TOPIC: Resolution No. 26, Series of 2009, a Resolution approving a lease agreement between the Town of Vail, Colorado and the Colorado Department of Transportation regarding parking along the non - travel lanes of the Interstate 70 Frontage Roads located within the limits of the Town of Vail; and setting forth details in regard thereto. PRESENTER(S): Greg Hall ACTION REQUESTED OF COUNCIL: Authorize the Town Manager to enter in to a Lease Agreement with the Colorado Department of Transportation ( "CDOT ") in a form approved by the Town Attorney authorizing the use of the Vail Frontage Roads for both a pilot permit parking program and as overflow skier parking. BACKGROUND: On October 20th the Vail Town Council adopted the 2009 -2010 winter parking plan. The plan had a provision for permit parking to take place on portions of the Vail Frontage Roads which are owned by CDOT. On November 3rd the Town Council directed the Town Manger to send the letter to CDOT outlining the provisions for the parking program and Town commitments for use of the Frontage Roads. STAFF RECOMMENDATION: Authorize the Town Manager to enter into a one year lease with CDOT for the parking program discussed above in a form approved by the Town Attorney. ATTACHMENTS: Resolution No. 26, Series of 2009 Exhibit A Lease \n 12/1/2009\n RESOLUTION NO. 26 Series of 2009 A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE TOWN OF VAIL, COLORADO AND THE COLORADO DEPARTMENT OF TRANSPORTATION REGARDING PARKING ALONG THE NON - TRAVEL LANES OF THE INTERSTATE 70 FRONTAGE ROADS LOCATED WITHIN THE LIMITS OF THE TOWN; 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 Council, on October 20 2009, approved the 2009 -2010 parking plan which included a permit parking program utilizing the Vail Frontage Roads (the "Premises ") which are owned by the Colorado Department of Transportation ( "CDOT "); and WHEREAS, the Council, on November 3 d directed the Town Manager to send a letter to CDOT outlining the terms of a Lease Agreement (the "Lease ") to use the Premises for the permit parking program as well as overflow skier parking; and WHEREAS, the Town and CDOT now wish to enter into the Lease to lease the Premises for the 2009 -2010 ski season. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves and authorizes the Town Manager to enter into the Lease with CDOT, in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 1 st day of December, 2009. Richard Cleveland Town Mayor ATTEST: Lorelei Donaldson, Town Clerk Resolution No. 26, Series 2009 \n 12/1/2009\n 9 -1 -1 \n EXHIBIT A PROPERTY MGMT.NO. NO: PROJECT 170-2(7) 183 LOCATION: 1 -70 frontage roads within the limits of the Town of Vail. LEASE AGREEMENT (Vacant Land) THIS LEASE AGREEMENT made and entered into this day of 2009, by and between the State of Colorado acting by and through the Colorado Department of Transportation, CDOT, hereinafter referred to as "Lessor ", and THE TOWN OF VAIL, COLORADO thereinafter referred to as "Lessee ". WITNESSETH: NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as follows: 1. PREMISES, Lessor hereby leases and demises unto Lessee the Premises, hereinafter referred to as "Premises" located along the non - travel lanes of the Interstate 70 (1 -70) frontage roads located within the limits of the Town of Vail in Eagle County, Colorado The leased Premises are shown on the maps attached hereto, made a part hereof and marked "Exhibit A ", consisting of four (4) map sheets. 2. TERM The term of this lease shall begin on December 7, 2009, and end on April 19, 2010 subject to the cancellation and termination provisions herein. 3. RENT. Lessee shall pay $20,000.00 for the entire term of this Lease. Payment shall be made payable to the Colorado Department of Transportation at: Colo. Dept. of Transportation C/o Accounting Receipts & Deposits 4201 East Arkansas Ave., Rm. 212 Denver, CO 80222 or at such place as Lessor from time to time designates by notice as provided herein. In the event Lessor has not received the rental installment hereunder on or before December 7, 2009, a late charge of five percent (5 %) of the total installment will be assessed to Lessee. In the event the entire rental fee plus any late fees are not paid to Lessor by Lessee on or before December 30, 2009, Lessee shall be in default of this Lease Agreement, this Lease shall automatically terminate, Lessee shall vacate the Premises and Lessor shall be entitled to retain all prior sums paid to Lessor by Lessee. 4. USE. It is understood and agreed that the Lessee intends to use the Premises only for public permit parking program and for general peak period public overflow parking at times Lessee's off - street parking facilities are anticipated or have reached full capacity. Any other use of the Premises shall constitute a material breach of this Lease and may, at Lessor's option, cause this Lease to immediately terminate. 5. TAXES, UTILITIES, MAINTENANCE AND OTHER EXPENSES. It is understood and agreed that this Lease shall be an absolute Net Lease with respect to Lessor, and that all taxes, assessments, Rev.3 /06 Page 1 of 7 \n 12/1/2009\n 9 -2 -1 \n insurance, utilities and other operating costs and the cost of all maintenance, repairs, and improvements, and all other direct costs, charges and expenses of any kind whatsoever respecting the Premises shall be borne by Lessee and not by the Lessor so that the rental return to Lessor shall not be reduced, offset or diminished directly or indirectly by any cost or charge. Lessee shall maintain the Premises in good repair and in tenable condition free of trash and debris during the term of this Lease. Lessor shall have the right to enter the Premises at any time for the purpose of making necessary inspections. 6. HOLD HARMLESS. The Lessee shall save, indemnify and hold harmless the Lessor and the Federal Highway Administration (FHWA) for any and all liabilities, costs, damage or loss to persons or property, including death, resulting from this Lease Agreement. 7. OWNERSHIP. The State of Colorado is the owner or the Premises. Lessor warrants and represents himself to be the authorized agent of the State of Colorado for the purposes of granting this Lease. 8. LEASE ASSIGNMENT. Lessee shall not assign this Lease and shall not sublet the demised Premises without specific written permission of the Lessor and will not permit the use of said Premises to anyone, other than Lessee, its agents or employees, without the prior written consent of Lessor, except as is hereby authorized pursuant to Sections 23(b) and 23(c) below. 9. APPLICABLE LAW. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement of this Lease. Any provision of this Lease, whether or not incorporated herein by reference, which provides for arbitration by any extra- judicial body or person or which is otherwise in conflict with said laws, rules and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of compliant, defense or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this Lease to the extent that this agreement is capable of execution. 10. CANCELLATION. Both parties understand that at any time before the scheduled expiration of the term of this Lease, Lessor has the right to cancel the lease without liability by giving Lessee 30 -day written notice of its intention to cancel the Lease. The notice shall be hand delivered, posted on the Premises, or sent to the Lessee, at the address of the Lessee contained herein by Certified Mail, return receipt requested. This Lease may also be canceled by the Lessee by giving the Lessor 30-day written notice of its intent to do so. 11. COMPLETE AGREEMENT. This Lease, including all exhibits, supersedes any and all prior written or oral agreements and there are no covenants, conditions or agreements between the parties except as set forth herein. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or affect whatsoever unless embodied herein in writing. No subsequent novation, renewal, addition, deletion or other amendment hereto shall have any force or effect unless embodied in a written contract executed and approved pursuant to the State Fiscal Rules. 12. CAPTIONS, CONSTRUCTION, AND LEASE EFFECT. The captions and headings used in this Lease are for identification only, and shall be disregarded in any construction of the lease provisions. All of the terms of this Lease shall inure to the benefit of and be binding upon the respective heirs, successors, and assigns of both the Lessor and the Lessee. If any provision of this Lease shall be determined to be invalid, illegal, or without force by a court of law or rendered so by legislative act then the remaining provisions of this Lease shall remain in full force and effect. Rev.3 /06 Page 2 of 7 \n 12/1/2009\n 9 -2 -2 \n 13. NO BENEFICIAL INTEREST. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein. 14. NO VIOLATION OF LAW. The Lessee shall not commit, nor permit the commission of, any act or thing, which shall be a violation of any ordinance of the municipality, City, County, or of any law of the State of Colorado or the United States. The Lessee shall not use the Premises for any manner, which shall constitute a nuisance or public annoyance. The signatories hereto aver that they are familiar with 18 -8 -301, et seq., (Bribery and Corrupt Influences) and 18 -8 -401, et seq., (Abuse of Public Office), C.R.S., as amended, and that no violation of such provisions is present. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein. 15. NOTICE. Any notice required or permitted by this Lease may be delivered in person or sent by registered or certified mail, return receipt requested, to the party at the address as hereinafter provided, and if sent by mail it shall be effective when posted in the U.S. Mail Depository with sufficient postage attached thereto: LESSOR: LESSEE: Colo. Dept. of Transportation Town of Vail Property Management Manager 75 South Frontage Road 15285 S. Golden Rd., Bldg. 47 Vail, CO Golden, Colorado 80401 Attn: Town Manager Phone: 970 - 479 -2106 Notice of change of address shall be treated as any other notice. The Lessee warrants that the address listed above is the Lessee's current mailing address and that the Lessee will notify the Lessor in writing of any changes in that address within ten (10) days of such change. 16. HOLDING OVER. Lessee shall not occupy or use the Premises, nor allow any other party to occupy or use the Premises, after the expiration or sooner termination of this Lease. Lessee shall not become a Holdover Lessee or month -to -month tenant upon expiration or earlier termination of this Lease. 17. CHIEF ENGINEER'S APPROVAL. This Lease shall not be deemed valid until it has been approved by the Chief Engineer of the Colorado Department of Transportation and by the Lessee. 18. HAZARDOUS MATERIALS. The Lessee agrees to defend, indemnify and hold harmless the Lessor and any employees, agents, contractors, and officials of the Lessor against any and all damages, claims, liability, loss, fines or expenses, including attorney's fees and litigation costs, related to the presence, disposal, release or clean -up of any contaminants, hazardous materials or pollutants on, over, under, from or affecting the property subject to this Lease, which contaminants or hazardous materials the Lessee or its employees, agents, contractors, officials or sub - lessees have caused to be located, disposed, or released on the Premises. Lessee shall also be responsible for all damages, claims and liability to the soil, water, vegetation, buildings or personal property located thereon as well as any personal injury or property damage related to such contaminants or hazardous materials. 19. NO NEW PERMANENT STRUCTURES OR IMPROVEMENTS. No new permanent structures or improvements of any kind shall be erected or moved upon the Premises by Lessee without the express written prior permission of Lessor. Any such structure or improvement erected or moved upon the Premises without the express written consent of Lessor may be immediately removed by Lessor at the expense of Lessee. Further, any structures, improvements or items of any kind remaining on the Premises at the termination of the Lease will be considered abandoned by Lessee and may be immediately removed by Lessor at Lessee's expense. Rev.3 /06 Page 3 of 7 \n 12/1/2009\n 9 -2 -3 \n 20. BINDING AGREEMENT. This Lease shall be binding upon and inure to the benefit of the partners, heirs, executors, administrators, and successors of the respective parties hereto. 21. DEFAULT. If: (1) Lessee shall fail to pay any rent or other sum payable hereunder for a period of 10 days after the same is due; (2) Lessee shall fail to observe, keep or perform any of the other terms, agreements or conditions contained herein or in regulations to be observed or performed by Lessee and such default continues for a period of 30 days after notice by Lessor; (3) This Lease or any interest of Lessee hereunder shall be levied upon by any attachment or execution, then any such event shall constitute an event of default by Lessee. Upon the occurrence of any event of default by Lessee hereunder, Lessor may, at its option and without any further notice or demand, in addition to any other rights and remedies given hereunder or by law, do any of the following: (a) Lessor shall have the right, so long as such default continues, to give notice of termination to Lessee. On the date specified in such notice (which shall not be less than 3 days after the giving of such notice) this Lease shall terminate. (b) In the event of any such termination of this Lease, Lessor may then or at any time thereafter, re -enter the Premises and remove therefrom all persons and property and again repossess and enjoy the Premises, without prejudice to any other remedies that Lessor may have by reason of Lessee's default or of such termination. (c) The amount of damages which Lessor may recover in event of such termination shall include, without limitation, (1) the amount at the time of award of unpaid rental earned and other sums owed by Lessee to Lessor hereunder, as of the time of termination, together with interest thereon as provided in this Lease, (2) all legal expenses and other related costs incurred by Lessor following Lessee's default including reasonable attorneys' fees incurred in collecting any amount owed hereunder (3) any damages to the Premises beyond its present condition. (d) Upon Lessee's failure to remove its personal property from the Premises after the expiration of the term of this Lease, Lessor may in its sole discretion, without notice to or demand upon Lessee, remove, sell or dispose of any and all personal property located on the Premises. Lessee waives all claims for damages that may be caused by Lessor's removal of property as herein provided. 22. INSURANCE. (Revised 2006 per State Controller Requirements) (a) The Lessee shall obtain and maintain, at all times during the duration of this Lease, insurance in the kinds and amounts detailed below. The Lessee shall require any Contractor working for Lessee on the Premises to obtain like coverage. The following insurance requirements must be in effect during the entire term of the Lease. Lessee shall, at its sole cost and expense, obtain insurance on its inventory, equipment and all other personal property located on the Premises against loss resulting from fire, theft or other casualty. (b) Workers' Compensation Insurance as required by State statute, and Employer's Liability Insurance covering all employees acting within the course and scope of their employment and work on the activities authorized by this Lease in Paragraph 4. (c) Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering Premises operations, fire damage, independent Consultants, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: 1. $1,000,000 each occurrence; Rev.3 /06 Page 4 of 7 \n 12/1/2009\n 9 -2 -4 \n 2. $2,000,000 general aggregate; 3. $50,000 any one fire. If any aggregate limit is reduced below, $1,000,000 because of claims made or paid, the Lessee, or as applicable, its Contractor, shall immediately obtain additional insurance to restore the full aggregate limit and furnish to CDOT a certificate or other document satisfactory to CDOT showing compliance with this provision. (d) If any operations are anticipated that might in any way result in the creation of a pollution exposure, Lessee shall also provide Pollution Legal Liability Insurance with minimum limits of liability of $1,000,000 Each Claim and $1,000,000 Annual Aggregate. CDOT shall be named as an Additional Insured to the Pollution Legal Liability policy. The Policy shall be written on a Claims Made form, with an extended reporting period of at least two year following finalization of the Lease. (e) Umbrella or Excess Liability Insurance with minimum limits of $1,000,000. This policy shall become primary (drop down) in the event the primary Liability Policy limits are impaired or exhausted. The Policy shall be written on an Occurrence form and shall be following form of the primary. The following form Excess Liability shall include CDOT as an Additional Insured. (f) CDOT shall be named as Additional Insured on the Commercial General Liability Insurance policy. Coverage required by the Lease will be primary over any insurance or self- insurance program carried by the State of Colorado. (g) The Insurance shall include provisions preventing cancellation or non - renewal without at least 30 days prior notice to CDOT by certified mail to the address contained in this document. (h) The insurance policies related to the Lease shall include clauses stating that each carrier will waive all rights of recovery, under subrogation or otherwise, against CDOT, its agencies, institutions, organizations, officers, agents, employees and volunteers. (i) All policies evidencing the insurance coverage required hereunder shall be issued by insurance companies satisfactory to CDOT. (j) In order for this lease to be executed, the Lessee, or as applicable, its Contractor, shall provide certificates showing insurance coverage required by this Lease to CDOT prior to the execution of this lease. No later than 30 days prior to the expiration date of any such coverage, the Lessee or Contractor shall deliver to the Notice Address of CDOT certificates of insurance evidencing renewals thereof. At any time during the term of this Lease, CDOT may request in writing, and the Lessee or Contractor shall thereupon within 10 days supply to CDOT, evidence satisfactory to CDOT of compliance with the provisions of this section. Insurance coverage must be in effect or this lease is in default. (k) Notwithstanding subsection (a.) of this section, if the Lessee is a "public entity" within the meaning of the Colorado Governmental Immunity Act CRS 24 -10 -101, et seq ., as amended ( "Act'), the Lessee shall at all times during the term of this Lease maintain only such liability insurance, by commercial policy or self- insurance, as is necessary to meet its liabilities under the Act. Upon request by CDOT, the Lessee shall show proof of such insurance satisfactory to CDOT. Public entity Lessees are not required to name CDOT as an Additional Insured. (1) If the Lessee engages a Contractor to act independently from the Lessee on the Premises, that Contractor shall be required to provide an endorsement naming CDOT as an Additional Insured on their Commercial General Liability, and Umbrella or Excess Liability policies. Rev.3 /06 Page 5 of 7 \n 12/1/2009\n 9 -2 -5 \n 23. ADDITIONAL PROVISIONS. (a) As partial consideration for this Lease, Lessee shall, on or before September 30, 2010: (1) make a formal determination to either accept or reject ownership of and full maintenance responsibilities for all or a portion of the 1 -70 frontage roads, and (2) prepare a long term parking plan, which plan shall include an implementation schedule and budget. (b) Lessee may issue a maximum of three - hundred (300) permits to parking patrons to allow parking during the term of this Lease. Vail may charge fees for said permits subject to the terms and conditions stated in Section 23(c) below; provided, however, that the issuance of such permits shall be made without any type of discrimination prohibited by the laws of the United States of America and /or the State of Colorado. Permit holders are not to be considered as sub - lessees under this Lease Agreement; no condition or restriction imposed or created by Lessee with respect to the issuance of such permits shall serve to lessen, sever or assign the duties, obligations, covenants, pledges and promises of Lessee as contained in this Lease. In the event this Lease is terminated prior to its expiration and Lessor retakes possession of the Premises, Lessor shall have no duty, obligation or liability with respect to the holder of any permit whose priviledges to utilize the parking permits are fundamentally revoked as a result of such Lease termination; all such liabilities shall remain with Lessee. (c) Lessee shall keep an accurate accounting of the actual fees it has collected for permits issued pursuant to Section 23(b) above. Lessee pledges to give Lessor a certified copy of such accounting within ten (10) days following the expiration or earlier termination of this Lease. In the event the sums collected by Lessee exceed $20,000, Lessee shall pay all such sums in excess of $20,000 to Lessor; said sums shall be due and payable by Lessee within thirty (30) days following the expiration or earlier termination of this Lease. (d) Lessee shall not use the Premises nor allow any other party to use the Premises for any purpose not specifically authorized by this Lease nor for any purpose prohibited by the State of Colorado and /or the FHWA. (e) Lessee shall not allow, nor cause to be allowed, parking within any clear zone area for 1 -70. Lessee shall, at no cost or expense to Lessor, cause any vehicle parked within any clear zone area to be immediately towed. (f) Lessee shall provide and maintain conspicuous delineation, including directional control by Lessee's employees and agents, of permit parking areas, overflow parking areas and areas where parking is strictly prohibited. (g) Lessee shall ensure that parking upon the Premises shall not interfere with any portion of the adjoining 1 -70 and with the 1 -70 frontage road travel lanes. Lessee shall further ensure that parking upon the Premises shall not interfere with Lessor's or Lessor's approved installation, operation, maintenance and repair of any utilities or drainage facilities located on, above, over, under, through, across or adjacent to the Premises. (h) This Lease shall not be deemed valid unless it has been approved by the FHWA. Rev.3 /06 Page 6 of 7 \n 12/1/2009\n 9 -2 -6 \n IN WITNESS WHEREOF, the parties hereto have executed this lease agreement on the day and year first above written. LESSEE: Town of Vail By (Name) Title Federal Tax Identification Number STATE OF ) ) ss COUNTY OF ) The foregoing instrument was subscribed and sworn to before me this _ day of by as of the Town of Vail. Witness my hand and official seal. My commission expires Notary Public Address: LESSOR: ATTEST: COLORADO DEPARTMENT OF TRANSPORTATION Bernhardt K. Rasmussen, PAMELA HUTTON, P.E. Chief Clerk Chief Engineer Rev.3 /06 Page 7 of 7 \n 12/1/2009\n 9 -2 -An .yr .. r r °'" ��' <' > %"' .� f'" E�'T',�!' � #•.ter. - � A� Peak Period Parking 5 �,s14^ #, e F ►. (1 of 1 area) t r.. s� d Permit Parking < ' i7- (in addition to area near : Middle Creek Apartments) t` ,�*:' , M,a' 3 w. a +,`t "► Overflow Parkin Ali (Conoco Gas Station to �:w'%r, ►'' .. ^' Aspen Lane in East Vail) r t � fy Y x . h {SRS V. + xe rc � .•;. °'• � , #z,F,'- - `. `"`�' ,.la - - yam• „ -r.: - �!";u'.,�.,�f'°h'� a * ' Peak Period Parking (1 of 1 area) T Ks�t rte^ V N ��"""r.r* Overflow Parking (Conoco Gas Station to Aspen Lane in East Vail) Y t r.i` �••# ` °.P . - 4- .. Feet x 5P # •: 0 0 300 600 1,200 ' No parking allowed within any clear zone area for 1 -70. Delineation and directional control is required where parking is strictly prohibited. INDEX MAP Legend EXHIBIT A - Page 1 of 3 Overflow Parking Areas y � Permit Parking Areas Peak PeY16 WRYPArea m�� P ��,�� -',ttn.a� w tn. =r1'.1Pt =n.,.1. F ZM1.ta " w�+�9»- ,t „dam, kP�".n r z �.4°,x - r , .....•, ' x,. '� ., +r t +f- • 1 v� - � '�.r' ,�. 4 • [ it �1 Overflow Parking �• F"r p ' , � y (Conoco Gas Station to y Aspen Lane in East Vail) Fay 1.200 �, a '� �. - IH - � ��` =. ,�, 4 i:9°rr+� � � tom'- �`•��� + <' Permit Parking '"8 r x , »•�, } (in addition to North Frontage Road west of Shell Gas Station) Ki A A. - r y a .. +ri ,- �F ;r• x a Overflow Parking n ydr+ �stf . t "'.- * •f v�`" i; (Conoco Gas Station to Aspen il) A n Lane in East Va o 30a 800 1 2D ` No parking allowed within any clear zone area for 1 -70. Delineation and directional control is required where parking is strictly prohibited. INDEX MAP Legend EXHIBIT A - Page 2 of 3 Overflow Parking Areas Permit Parking Areas c ' p Peak Pei rea '+r _• ti S, , ` . - . • - y � X44`4 �` � _ .. uii Overflow Parking y 1 ; „ r Conoco Gas Station to . r - ' Aspen Lane in East Vail)” x 4 -17.f 77, Er e y ;,. �. fig -, Y ...: Y _ • " " , 4 � ; d `s. - ., = s ir ' - , fir► ,� 411M Overflow Parking (Conoco Gas Station to �` �' `. Aspen Lane in East Vail) ['r . S"m ewe 0 300 600 1,200 No parking allowed within any clearzone area for 1 -70. Delineation and directional control is required where parking is strictly prohibited. INDEX MAP Legend EXHIBIT A - Page 3 of 3 Overflow Parking Areas .>" r Permit Parking Areas Peak PeYi6 WRYPArea m�� P ��,�� ma,�,n -' ,' ' i t h.' w 7ha= na,.1.