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HomeMy WebLinkAbout2010-01-05 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., JANUARY 5, 2010 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: Public Input. (15 min.) PRESENTER(S): Public 2. ITEM /TOPIC: Consent Agenda. a. Approval of 12.01.09 & 12.15.09 Town Council Minutes. (5 min.) 3. ITEM /TOPIC: Town Manager's Report. a. Revenue Update. b. Confirm annual community meeting date: Tuesday evening, March 9, 2010. c. The Vail Valley Athlete Commission The Vail Valley Athlete Commission is composed of four members, each contributing $6,000 annually (a decrease from $10,000 annually): Vail Valley Foundation, Vail Resorts, Beaver Creek Resort Company and the Town of Vail. This Commission was established in the '90's to combine resources and coordinate individual athlete requests for funding support. The winter'09 - 2010 recipients are as follows: Sarah Schleper $4,000 Alpine Ski Racing Kevin Hochtl $3,500 Nordic Skiing Hunter Schleper $3,000 Alpine Ski Racing Taylor Seaton $1,500 Halfpipe Skiing Dylan Bidez $1,500 Freestyle Snowboarding Nathan Asoian $1,000 Alpine Ski Racing Greta Byrne $1,000 Alpine Ski Racing \n 1/5/201 O\n Claudia Bourier $ 750 Halfpipe, Slopestyle, Big Mountain Skiing (needs to qualify) Jessica Cumming $1,500 Freeskiing Halfpipe (needs to qualify) Joshua Smith $1,000 Cross County Skiing (needs to qualify) Christian Kloser $ 750 Nordic, Winter Triathlon (needs to qualify) Lisa Isom $ 750 Winter Triathlon (needs to qualify) Heidi Kloser $1,000 Freestyle Mogul Skiing (needs to qualify) Tommie Bennett $ 500 Snowboarding (needs to qualify) John Spriggs $ 750 Halfpipe / Slopestyle Skiing (needs to qualify) International competition is one of the components of awarding these funds. In the case of competitors who have "needs to qualify" attached to their names, if they do not qualify to compete intern. (15 min.) PRESENTER(S): Stan Zemler 4. ITEM /TOPIC: PEC /DRB Update. (15 min.) PRESENTER(S): Warren Campbell 5. ITEM /TOPIC: Information Update. (10 min.) PRESENTER(S): Pam Brandmeyer 6. ITEM /TOPIC: Matters from Mayor & Council. (20 min.) PRESENTER(S): Town Council 7. ITEM /TOPIC: Annual appointment of newspaper of record for Town of Vail publications and notices for 2010. (5 min.) PRESENTER(S): Pam Brandmeyer ACTION REQUESTED OF COUNCIL: Approve and appoint The Vail Daily as the newspaper of record for 2010 for the Town of Vail publications and notices. BACKGROUND: The town annually establishes a newspaper of record for all public notices. This year, we requested a bid from Eagle Summit Publishers, owner of the general circulation newspaper, The Vail Daily, and \n 1/5/201 O\n requested a bid for The Vail Daily publications. The bid has been opened and the attached bid is the result of the bid proposal. The newspaper of record to be appointed at the evening meeting of the January 5, 2010 Town Council meeting at 6:00 p.m. or as soon thereafter as the matter can be heard. STAFF RECOMMENDATION: Please approve and appoint The Vail Daily as the newspaper of record for 2010. publications and notices for the Town of Vail. 8. ITEM /TOPIC: NEXTbus Update. (10 min.) PRESENTER(S): Mike Rose 9. ITEM /TOPIC: Ordinance No. 1, Series of 2010, an emergency ordinance amending the Town of Vail's Health Insurance Fund budget for 2009; making supplemental approprations thereto; and declaring an emergency. (10 min.) PRESENTER(S): Kathleen Halloran ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Ordinance No. 1, Series of 2010. BACKGROUND: Town staff was notified on December 29 of significant health claim expenditures that were unforseen at the last 2009 budget adjustment. As these claims will cause an overage in the Health Insurance Fund 2009 expenditure budget, staff is requesting additional funds to be appropriated. Please see attached memo for more details. STAFF RECOMMENDATION: Approve Ordinance No. 1, Series of 2010. 10. ITEM /TOPIC: Resolution No. 1, Series of 2010, a resolution designating a public place within the Town of Vail for the posting of notice for public meetings of the Vail Town Council, Planning and Environmental Commission, Design Review Board, and other boards, commissions, and authorities of the Town of Vail. (5 min.) PRESENTER(S): Pam Brandmeyer ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny Resolution No. 1, Series of 2010. BACKGROUND: Pursuant to Section 24- 6- 402(2)(c) of the C.R.S. as amended, provides that local public bodies must give full and timely notice to the public of any meetings at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs at which a majority or quorum of the body is in attendance, or is expected to be in attendance. STAFF RECOMMENDATION: Approve Resolution No. 1, Series of 2010. 11. ITEM /TOPIC: Resolution No. 2, Series of 2010, a Resolution Approving an Intergovernmental Agreement between the Town of Vail and the Roaring \n 1/5/201 O\n Fork Transportation Authority; and Setting Forth Details in Regard Thereto. (10 min.) PRESENTER(S): Greg Hall ACTION REQUESTED OF COUNCIL: Approve the IGA, and authorize the Town Manager to sign and enter into the IGA with RFTA. BACKGROUND: In 2009 the Roaring Fork Transit Authority (the "RFTA ") had a bid and award to purchase buses. The Town of Vail (the "Town ") has budgeted the purchase of six (6) buses in 2010. The Town would like to enter into an agreement with RFTA to utilize RFTA's bid and award to purchase the Town's 6 buses at the same or similar terms. The agreement would not require the Town to purchase any bus equipment. STAFF RECOMMENDATION: Approve the IGA, and authorize the Town Manager to sign and enter into the IGA with RFTA in a form approved by the Town Attorney. 12. ITEM /TOPIC: Adjournment. (8:00 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 BEGIN AT TBD, TUESDAY, JANUARY 19, IN THE VAIL TOWN COUNCIL CHAMBERS. FUTURE AGENDA ITEMS: Joint TOV & VRD Work Session Joint TOV & ECO Work Session Dobson Roof Follow Up (Spring 2010) Town Owned Housing Update Lighting Master Plan Loading & Delivery Camera Recording System Bio -Mass Plant Grant Application Update ANTICIPATED 01.19.10 AGENDA ITEMS: Joint TOV & PEC Work Session Re: Ever Vail Planning Approval Extensions Row Houses SDD Council Procedures in Work Sessions Vision Session / (to occur in the morning) LionsHead Transit Center ANTICIPATED 02.02.10 AGENDA ITEMS: Vail Reinvestment Authority CIRSA Liability & Quasi Judicial Training by Tami Tanoue (CML) \n 1/5/201 O\n \n 1/5/201 O\n M. iV f3i7 4!� T' i VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 5, 2010 ITEM /TOPIC: Consent Agenda. a. Approval of 12.01.09 & 12.15.09 Town Council Minutes. ATTACHMENTS: 12.01.09 Minutes 12.15.09 Minutes \n 1/5/201 O\n Vail Town Council Meeting Minutes Tuesday, December 1, 2009 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Dick Cleveland. Members present: Dick Cleveland, Mayor Kevin Foley Margaret Rogers Andy Daly Kim Newbury Kerry Donovan Susie Tjoseem Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Jim Lamont thanked Council for allowing public comment during the Work Session in regard to cameras being used for traffic monitoring throughout town. Kaye Ferry said she believed it is imperative a public discussion must be held in regard to cameras being used to monitor town facilities and public streets. The second item on the agenda was the Recognition of former Council Members, Mark. Gordon and Farrow Hitt. Cleveland and Newbury formally thanked former Council Members Gordon and Hitt for their efforts working on Council over the past several years. The third item on the agenda was a Vail Valley Medical Center Update. Doris Kirchner, the new Chief Executive Officer of the Vail Valley Medical Center, reassured Council that "the hospital isn't moving downvalley anytime soon." Kirchner said the hospital is committed to growth and to the Vail community, particularly to the relationship with the Steadman Hawkins Clinic, which she called the hospital's "orthopedic engine." "We're working with them to make sure they stay in Vail," Kirchner said. She told Council the hospital was planning to do a major renovation of its emergency room and would submit an application to the town in the spring of 2010. Beyond that, she said, the hospital hopes to add a fourth floor and a sky bridge that \n 1/5/201 O\n 1 would connect the hospital to the US Bank building. "We look forward to working with Council as we plan our future together." She then told Council that the town's Economic Development Manager Kelli McDonald was doing a great job. The fourth item on the agenda was the Town Manager's Report. a. Timber Ridge Budget. Finance Director Judy Camp said that, "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 the TRAHC to redirect cash flow to increase the 2003A bond debt reserve fund to its required level and to pay off in full the 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 the town is currently paying is less than 1.0 %. Staff expects 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 a 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. b. Revenue Update. Budget and Financial Reporting Manager Kathleen Halloran reported that when all sales tax returns are received for the month of October, collections for the month are expected to be $578,522 down 12.7% from October, 2008. Year -to -date total sales tax collections of $13.7 million are down 15.8% from 2008 and less than 1% down from budget. Inflation as measured by the consumer price index was down ( -0.2 %) for the month of October compared to 2008. 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 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) 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 \n 1/5/201 O\n 2 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. Community Development Director, George Ruther reported the Arosa Drive duplex is on schedule and the lottery is ready to go for the potential owners. Selection will occur in in early January, 2010. Rogers said she believed it was a fabulous project. The fifth item on the agenda was the Election Commission Appointments for the Town of Vail. Assistant Town Manager Pam Brandmeyer asked Council to 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. 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. 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. Council was then asked to appoint Vi Brown and Summer Holm to the Election Commission of the Town of Vail. Newbury moved to appoint Brown and Holm with Rogers seconding. Foley then thanked Brown and Holm for their efforts. The motion passed unanimously, 7 -0. The sixth item on the agenda was a LionsHead Transit Center update. Town Engineer Tom Kassmel reported 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 item was 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. Kassmel then asked Council to 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, and 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. Rogers said she would like to see an outline of the actual parking structure parcel in its entirety. Donovan said she did not see how the project fit into the long range view of the town's transit strategy. Newbury said she did not believe Concert Hall \n 1/5/201 O\n 3 plaza should be left out of the plan. She then commented, "I will not move forward if we are looking at a budget of $15 million." Tjossem said she believed the town would be leveraging Tax Increment Financing dollars (as the town was in position to receive a federal transit grant). Tsjossem and Cleveland agreed additional parking on the charter bus lot should be explored. Newbury asked, "Has anyone asked ECO Transit what there future plans are ?" Vail Homeowner's Association representative Jim Lamont said "My board members are willing to listen but they remain unconvinced (about the necessity of improvements)." Cleveland clarified there was not support for a large public plaza on East LionsHead Circle. Daly said he did not have enough information to take a qualified position. He than asked for a list of pro and cons of all scenarios and suggestions. The seventh item on the agenda was the 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. Foley moved to approve the ordinance with Newbury seconding. The motion passed unanimously, 7 -0. The eighth item on the agenda was the Second Reading of Mill Levy Certification, Ordinance No. 23, Series of 2009. Budget and Financial Reporting Manager Kathleen Halloran said mill levy assessments must be certified to the County for collection annually; this ordinance authorizes certification. Rogers moved to approve the ordinance with Newbury seconding. Daly encouraged lowering the property tax by a fractional amount to show sensitivity to the Vail taxpayer. Mire encouraged not lowering the mill levy. "I would recommend against fiddling with your taxing capacity." During a pause for public comment, Vail Homeowner's Association representative Jim Lamont encouraged lowering the property tax rate. He said a property tax reduction would help restore faith in government. The motion failed 2 -5, with Rogers and Newbury voting in favor. Foley then moved to approve the mill levy with no abatement levy, with Newbury seconding. The motion passed 4 -3, with Donovan, Daly and Rogers opposed. The ninth item on the agenda was 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. Staff asked Council to 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. 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. Cleveland clarified the town would not have to purchase additional \n 1/5/201 O\n 4 inurance. Zemler said he would not be opposed to going back to CDOT with continuing negotiations. Rogers moved to approve the resolution in a form acceptable to the Town Attorney, with Daly seconding. The motion passed unanimously, 7 -0. The tenth item on the agenda was Adjournment. Foley moved to adjourn with Daly seconding at approximately 8:05p.m. The motion passed unanimously, 7 -0. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk \n 1/5/201 O\n 5 Vail Town Council Meeting Minutes Tuesday, December 15, 2009 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Dick Cleveland. Members present: Dick Cleveland, Mayor Kevin Foley Margaret Rogers Andy Daly Kim Newbury Kerry Donovan Susie Tjoseem Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. There was none. Council then agreed to review the PEC minutes of December 14 as they had just become available. Chief of Planning Warren Campbell explained the meeting of the 14 was the first time the PEC has seen the Timber Ridge application. "There was some concern over the bulk and mass of the structure." Rogers asked if the PEC has seen the Timber Ridge predevelopment agreement. "I think it is important for them to have that." Campbell noted, "The purpose of yesterday's work session was a real work session but we have not received a completed application... Comments and input can be used as they attempt to finalize their application... There will be a final hearing in mid - February." Daly said he thought it was important for the Council, PEC and applicant to have a joint session. Foley said he would also like to have a discussion regarding transportation. Rogers said she was not in favor of hiring Jeff Winston (3D visualization and interactive model developer) to work on the Timber Ridge project. She said that after serving six years on the DRB she did not find his work particularly helpful. The second item on the agenda was the Town Manager's Report. \n 1/5/201 O\n 1 a. Visioning Discussion scheduled for January 19, 2010 Town Manager Stan Zemler commented, "This is a first pass on a variety of things... I want a clear signal you agree with what is in the plan." Council agreed with the information provided in the staff memo and directed Zemler to continue to refine a work plan. The third item on the agenda was the Consent Agenda. a. Approval of 11.03.09, 11.10.09 & 11. 17.09 Town Council Minutes 11.03.09 Newbury moved to approve the minutes minor amendments with Foley seconding. The motion passed 5 -0 with Donovan and Tjossem standing recused (as they were not present at the 11. 03.09 meeting). The fourth item on the agenda was the Art in Public Places Board (AIPP), Commission on Special Events (CSE), Planning and Environmental Commission (PEC) and Vail Local Marketing District Advisory Council (VLMDAC) Board Appointments. There is currently one vacancy for the AIPP board (replacing Steven DeWitt); three vacancies for the CSE board; two vacancies for PEC (replacing Susie Tjossem and Scott Lindall); and four vacancies for the VLMDAC board. The Town received one (1) application for the AIPP Board; eight (8) applications for the CSE board; six (6) applications for the PEC board and; four (4) applications for the VLMDAC board. The applicants are as follows: AIPP CSE PEC VLMDAC Monica Mattingly Bobby Bank Luke Cartin John Dawsey Jon Boord Michael Charles Jamie Gunion Jenn Bruno Mark Gordon Laurie Mullen Michelle Kobelan Tyler Schneidman Pete Hayda Rayla Kundolf Dora Zhu Monica Mattingly Amanda Zinn Robert McKown Dan McNutt Amanda Zinn 1) Appoint one applicant to the AIPP board for a term expiring March 31, 2011. 2) Appoint four applicants to the CSE for terms expiring December 31, 2011. 3) Appoint two applicants to the PEC, one for a term expiring March 31, 2010 (Susie Tjossem vacancy) and one for a term expiring March 31, 2011 (Scott \n 1/5/201 O\n 2 Lindall vacancy). 4) Appoint four applicants to the VLMDAC for terms expiring December 31, 2011. Rogers moved to appoint Mattingly to the AIPP Board with Tjossem seconding. The motion passed unanimously, 7 -0. Newbury moved to appoint Bank, Kundolf, McKown and Bruno to the CSE with Foley seconding. The motion passed unanimously, 7 -0. Daly moved to appoint Dawsey, Gunion, Mullen and Hayda to the VLMDAC with Rogers seconding. The motion passed unanimously, 7 -0. Newbury moved to appoint Schneidman and Luke Cartin to the PEC with Foley seconding. The motion passed unanimously, 7 -0. The fifth item on the agenda was the Second reading of Ordinance No. 24, Series of 2009, An Ordinance making supplemental appropriations to the Town of Vail General 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. Daly moved to approve the ordinance with Foley seconding. The motion passed unanimously, 7 -0. . The sixth item on the agenda was Resolution No. 27, Series of 2009 A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and the County of Eagle Regarding Animal Control Services. Mire asked Council to approve the Intergovernmental Agreement (the "IGA "), and authorize the Town Manager to sign and enter into the IGA on behalf of the TOV with Eagle County. Eagle County and the Town of Vail wish to enter into an Intergovernmental Agreement (the "IGA ") for the provision of Animal Services to the Town. The General Animal Services shall include: A minimum of 60 hours of patrol per month; administration and enforcement of Title 6 of the Town of Vail Municipal Code; the county will provide the town with monthly and annual reports of service; animal sheltering services for animals attributable to the Town; and twenty -four hours per day of Emergency On -Call Service. This is an annual agreement and Council approval of this resolution was required to enter into the IGA. Daly moved to approve the resolution with Rogers seconding. The motion passed unanimously, 7 -0. The seventh item on the agenda was Resolution No. 28, Series of 2009, a resolution approving an intergovernmental agreement between the Town of Vail and Eagle County for the provision of law enforcement services within unincorporated Eagle County. \n 1/5/201 O\n 3 Police Chief Dwight Henninger reported Town of Vail peace officers are authorized by the Town of Vail and the terms of C.R.S. §16- 3- 110(1)(a) to act when a felony or misdemeanor is committed in a Municipal Officer's presence regardless of whether the Municipal Officer is within the town's boundaries or whether that Municipal Officer is on duty. The Eagle County Sheriff's duty is to preserve the peace within Eagle County, including the unincorporated areas of the county, some of which unincorporated areas are adjacent to town boundaries. The intermixing of municipal and county jurisdictions may cause potential confusion as to the actual jurisdiction of each entity's peace officers. The county and town desire that the Municipal Officers perform law enforcement functions and enforce the state's law within those portions of unincorporated Eagle County as necessary in the interest of public safety. It was necessary to have Council's approval of this Resolution No. 28, Series of 2009 to enter into an IGA. Daly emphasized fulfilling the town's legal responsibility as well as a moral obligation. Council confirmed the resolution would not add additional liability to the town. Henninger explained that any follow up after initial response is considered an investigation. Daly moved to approve the resolution with Tjossem seconding. The motion passed unanimously, 6 -1, with Rogers opposed. Zemler announced he recently participated in the Vail Police Department's "shop with a cop" evening. Council thanked the Police Department for their efforts. It was then determined that Luke Hartman would be appointed to the longer term of the two PEC vacancies. Newbury moved to appoint Hartman to the longer vacancy with Donovan seconding. The motion passed unanimously, 7 -0. The eighth item on the agenda was Adjournment. Newbury moved to adjourn with Foley seconding at approximately 7:05 p.m. The motion passed unanimously, 7 -0. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk \n 1/5/201 O\n 4 M. iV f3i7 4!� T' i VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 5, 2010 ITEM /TOPIC: Town Manager's Report. a. Revenue Update. b. Confirm annual community meeting date: Tuesday evening, March 9, 2010. c. The Vail Valley Athlete Commission The Vail Valley Athlete Commission is composed of four members, each contributing $6,000 annually (a decrease from $10,000 annually): Vail Valley Foundation, Vail Resorts, Beaver Creek Resort Company and the Town of Vail. This Commission was established in the '90's to combine resources and coordinate individual athlete requests for funding support. The winter '09 - 2010 recipients are as follows: Sarah Schleper $4,000 Alpine Ski Racing Kevin Hochtl $3,500 Nordic Skiing Hunter Schleper $3,000 Alpine Ski Racing Taylor Seaton $1,500 Halfpipe Skiing Dylan Bidez $1,500 Freestyle Snowboarding Nathan Asoian $1,000 Alpine Ski Racing Greta Byrne $1,000 Alpine Ski Racing Claudia Bourier $ 750 Halfpipe, Slopestyle, Big Mountain Skiing (needs to qualify) Jessica Cumming $1,500 Freeskiing Halfpipe (needs to qualify) Joshua Smith $1,000 Cross County Skiing (needs to qualify) Christian Kloser $ 750 Nordic, Winter Triathlon (needs to qualify) Lisa Isom $ 750 Winter Triathlon (needs to qualify) Heidi Kloser $1,000 Freestyle Mogul Skiing (needs to qualify) Tommie Bennett $ 500 Snowboarding (needs to qualify) \n 1/5/201 O\n John Spriggs $ 750 Halfpipe /Slopestyle Skiing (needs to qualify) International competition is one of the components of awarding these funds. In the case of competitors who have "needs to qualify" attached to their names, if they do not qualify to compete intern. PRESENTER(S): Stan Zemler ATTACHMENTS: 01.05.10 Revenue Highlight \n 1/5/201 O\n TOWN OF VAIL REVENUE HIGHLIGHTS December 30, 2009 Sales Tax When all sales tax returns are received for the month of November, collections for the month are expected to be $645,639 down 10.2% from November, 2008. Year -to -date total sales tax collections of $14.3 million are down 15.6% from 2008 and less than 1 % down from budget. Inflation as measured by the consumer price index was up 1.8% for the month of November compared to 2008. Use Tax Use tax collections as of December 30, 2009 total $714,785, a 12% increase from this time last year. The annual budget of $700,000 has been met. Construction Permit Fee Revenue Construction permit revenue through December 30 totals $793,365 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 48% 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 December 30, 2009, total $2.5 million, compared to a full year forecast of $2.4 million. This amount is a 73% decrease from last year due to both major and non -major redevelopment projects. Eagle County as of October, 2009 is down 60% in sales dollars and down 46% in the number of sales transactions. At this time last year, the town had collected $9.1 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 88 %. Collections not related to major projects year -to -date are 39% down from this time last year. Across all funds, total revenue of $38.6 million is down 26.7% year -to -date from this time last year and down 3.7% from the budget. These numbers should improve as we continue to receive December revenues. Town reserves total an estimated $50.6 million. Finance /Budget/Budget09/Town Council MV Onos /PDFConvert.913.1.01.05.10 Revenue_HighAkW26oV \n - 1 - 3 -1 -1 \n M. iV f3i7 4!� T' i VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 5, 2010 ITEM /TOPIC: PEC /DRB Update. PRESENTER(S): Warren Campbell ATTACHMENTS: DRB Meeting Results 12/16/09 PEC Agenda 12/28/09 \n 1/5/201 O\n DESIGN REVIEW BOARD AGENDA PUBLIC MEETING �Y1�t oViAOO December 16, 2009 T1JWN Council Chambers 75 S. Frontage Road W. - Vail, Colorado, 81657 PROJECT ORIENTATION 2:30pm MEMBERS PRESENT MEMBERS ABSENT Tom DuBois Mike Dantas Pete Dunning Brian Gillette Libby Plante SITE VISITS 2:30pm 1. Valenti Residence — 4424 Streamside Circle East PUBLIC HEARING — TOWN COUNCIL CHAMBERS 3:00pm 1. Cupid LTD Residence DRB090472 / 5 minutes Bill Final review of an addition (bedroom, storage) 1628 Golf Terrace, Unit B /Lot 1, Warren Pulis Subdivision Applicant: Cupid LTD, represented by Millie Aldrich ACTION: Approved MOTION: DuBois SECOND: Gillette VOTE: 4 -0 -0 2. Busch /Valenti Residence DRB090592 / 10 minutes Bill Final review of a minor exterior alteration (fence) 4424 Streamside Circle East, Units A & B /Lot 10 -B, Bighorn 4th Addition Applicant: Jay Busch and Bonnie Valenti, represented by John Perkins ACTION: Tabled to January 6, 2010 MOTION: DuBois SECOND: Gillette VOTE: 4 -0 -0 3. Arosa Drive Duplex DRB090598 / 5 minutes Warren Final review of changes to approved plans (exterior materials) 2657 Arosa Drive /Lot 8, Block C, Vail Ridge Applicant: Town of Vail, represented by Nina Timm ACTION: Approved with condition(s) MOTION: DuBois SECOND: Gillette VOTE: 4 -0 -0 CONDITION(S): 1) The applicant shall submit a sample of the proposed stucco paint color for further review by the Design Review Board prior to painting the building's stucco base. \n Page 1 1/5/2010 \n 4 -1 -1 \n 4. Ever Vail DRB080547 / 60 minutes Warren Conceptual review of a new development (Ever Vail) 934 (BP Site), 953 (Vail Professional Building), 1031 (Cascade Crossing) S. Frontage Road / Unplatted; 862 (VR Maintenance Shop) and 923 (Holy Cross Lot) S. Frontage Road / Tracts A and B, S. Frontage Road Subdivision; 1000 (Glen Lyon Office Building) S. Frontage Road / Lot 54, Glen Lyon Subdivision (a complete legal description is available for inspection at theTown of Vail Community Development Department) Applicant: Vail Resorts Development Corporation, represented by Mauriello Planning Group ACTION: Conceptual review, no vote 5. Timber Ridge Redevelopment DRB090593 / 60 minutes George Conceptual review of new construction (employee housing) 1280 North Frontage Road /Lots C1 -05, Lions Ridges Filing 1 Applicant: Vail Timber Ridge, LLC ACTION: Conceptual review, no vote STAFF APPROVALS Lionsquare Lodge North DRB090552 Bill Final review of changes to approved plans (gas meter roof) 635 Lionshead Place /Lot 1, Vail Lionshead Filing 1, Add 1 Applicant: Lionsquare Lodge, represented by JL Viele Construction Landmark Condominiums DRB090564 Bill Final review of a sign (sign program) 610 West Lionshead Circle /Lot 1, Block 1, Vail Lionshead Filing 3 Applicant: Landmark Condominiums, represented by Craig Rouse Vail Spa DRB090569 Bill Final review of changes to approved plans (fire pit) 710 West Lionshead Circle /Lot 1, Block 2, Vail Lionshead Filing 3 Applicant: Vail Spa, represented by Nedbo Construction Knobel Residence DRB090594 Warren Final review of a minor exterior alteration (landscaping) 1974 Buffehr Creek Road /Lot 20, Buffehr Creek Resubdivision Applicant: Peter Knobel, represented by Jason Bastien City Market DRB090595 Warren Final review of a minor exterior alteration (landscaping) 2109 North Frontage Road West/Unplatted Applicant: City Market, represented by Barb Osness Oliver Residence DRB090597 Bill Final review of changes to approved plans (paint colors) 3977 Lupine Drive /Lot 1A, Bighorn 1st Addition Applicant: Charles Oliver, represented by Tab Bonity Centre V DRB090599 Warren Final review of a sign (hanging /projecting) 675 Lionshead Place /Lot 1 & 2, Lionshead Filing 6 Applicant: Centre V, represented by Oz Architecure \n Page 2 1/5/2010 \n 4 -1 -2 \n Eagle Pointe Resort DRB090600 Warren Final review of a minor exterior alteration (bridge and decks) 1500 Matterhorn Circle /Unplatted Applicant: Eagle Point Resort, represented by Robert Grant Off Piste Sports DRB090601 Warren Final review of a sign (projecting /hanging sign) 20 Vail Road /Lot 1, Block 5E, Vail Village Filing 1 Applicant: Mike Grant Tavern on the Square DRB090604 Warren Final review of a sign (awning) 675 Lionshead Place /Lot 1, Lionshead Filing 6 Applicant: The Arrabelle at Vail Square, represented by Oz Architecture Eye Pieces DRB090606 Warren Final review of a minor exterior alteration (awning) 675 Lionshead Place Unit 164 /1-ot 1, Lionshead Filing 6 Applicant: The Arrabelle at Vail Square, represented by Jim Crocker Cordillera Golf Club DRB090608 Rachel Final review of a sign (hanging /projecting) 244 Wall Street, Units C1 & C5 /Parcel 2, a Resubdivision of Part of Lot C, Block 5C, Vail Village 1st Filing Applicant: Cordillera Golf Club, LLC The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479 -2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479 -2356, Telephone for the Hearing Impaired, for information. \n Page 3 1/5/2010 \n 4 -1 -3 \n PLANNING AND ENVIRONMENTAL COMMISSION December 28, 2009 TCIWNOFVb TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 Meeting Canceled - Holiday The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479 -2138 for additional information. Sign language interpretation is available upon request with 24 -hour notification. Please call (970) 479 -2356, Telephone for the Hearing Impaired, for information. Community Development Department Published December 24, 2009, in the Vail Daily. \n Page 1 1/5/2010 \n 4 -2 -1 \n M. iV f3i7 4!� T' i VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 5, 2010 ITEM /TOPIC: Information Update. PRESENTER(S): Pam Brandmeyer ATTACHMENTS: Daily Occupancy Report Group Sales 12.22.09 ERWSD Correspondance Arosa Drive Duplex Correspondance \n 1/5/201 O\n MEMORANDUM TO: Vail Town Council FROM: Kelli McDonald SUBJECT: Daily Occupancy Report as of November 30, 2009 DATE: January 5, 2010 The Economic Development Office is sending the attached chart out the 15 of each month to the business community to provide information on daily occupancy for the upcoming 45 day period for merchants to use as a tool in preparing their business and staffing levels for the coming weeks. The chart will be accompanied by the following email message: The Town of Vail would like to provide you with information on daily lodging occupancy for the upcoming 6 weeks (shown as black bars) as compared to the same time last year (shown as yellow bars), illustrated by the chart below. The black dotted line indicates where occupancy ended up the previous year. Please note, this is occupancy as of November 30 and will change as the weeks pass. As such, this is a snapshot in time as opposed to a forecast. This report indicates higher occupancy for nearly every day through January 15 as compared to 2008/2009. We will be issuing this report each month around the 15 as we receive updated information from our research partner, MTRiP. Val DaiFy Occupancy ReW as of November 30. 3099 0-GAY ADVANCE VIE14 Mwnoea iloaft 1[0� WS4 c�wsra M i+`_P �•rrF�r:, IIL .. .. y � e sips �$uiee�§�tsfras�sicxt�sa�alir s� Day 'L ihy 4.w brwn M+'ri+ lwFntsR ., wti saW cq hef ¢Yr+r n�fl +Jr S94a 'Id'74$ \n 1 1/5/201 O\n 5 1 - 1 \n MEMORANDUM TO: Vail Town Council FROM: Chris Romer, Kelli McDonald SUBJECT: Vail Local Marketing District Group Sales ROI 2009 DATE: January 5, 2010 VLMD Group Sales Return on Investment details 2009 Group Sales expense budget (VLMD account code 6303): $340,000 2009 Group Sales statistics: Lodging revenue (as of November 30, 2009): $1,611,521 Lodging room nights (as of November 30, 2009): 8,182 44 groups hosted in Vail in 2009 24 groups booked in 2009 for 2009 Future year Group Sales statistics: 2010: $1,073,174 on the books (up 3% from last year) 5,060 room nights on the books (down 1 % from last year) 2011 forward: $1,797,093 on the books (up 79% from last year) 10,551 room nights on the books (up 105% from last year) 30 groups booked in 2009 for future years Group ROL 2009 lodging Revenue divided by 2009 VLMD group sales Expense: $1,611,521/$340,000 = $4.74 return in lodging revenue alone for every $1 spent Participatory Sports Overview: We have the following confirmed participatory sports programs for 2010/11: • Vail Gaelic Games: May 16 -18, 2010, 400 participants • Rocky Mountain USSA Softball: June 4 -7 & September 3 -5, 2010, 750 participants per event • Triple Crown baseball: July 9 -11, 2010, 350 participants • Colorado Soul Festival: August 20 -22, 2010, TBD attendees • USA Judo: June 2 -6, 2011, 700 participants \n 1 1/5/201 O\n 5 -2 -1 \n Additional Group Sales highlights: • Vail was represented at over 40 industry tradeshows promoting TOV as a group & meeting destination • The group sales team hosted in- market events and luncheons in Denver, New York, Chicago, Washington DC & Minneapolis • 40 meeting planners from throughout the country were hosted for familiarization tours • Over 120 group leads distributed to the Vail lodging community • 75% of group business is non -ski season • 88% of group business in 2009 was new business (12% was repeat) \n 2 1/5/201 O\n 5 -2 -2 \n EAGLE RIVER A WATER &SANITATION DISTRICT 846 Forest Road • Vail, Colorado 81657 (970) 476 -7480 • FAX (970) 476-4089 www.erwsd.org December 22, 2009 Mayor Dick Cleveland Town of Vail 75 S. Frontage Road Vail, Colorado 81657 Dear Mayor Cleveland: As the water provider for the Town of Vail, we are writing to express our concern over the proposed reappointment of Chuck Ogilby as the Town's representative to the Water Quality and Quantity Committee (QQ) of the Northwest Colorado Council of Governments. QQ's stated purpose is to enable its members to protect and enhance the quality of our region's waters, while at the same time facilitate the responsible use of those water resources for the good of all citizens and Colorado's environment. Toward achieving these goals for the Town of Vail and the Vail Valley, the District has achieved the following results: 1. Decreed a precedent setting recreation water right on Gore Creek in the amount of 400 cfs for the Vail kayak park. 2. Obtained the abandonment of all of Denver's water rights on Gore Creek and in the Upper Eagle River basin which had the potential to divert hundreds of thousands of acre feet each year from the Vail Valley. 3. Developed and enlarged Black Lakes at the summit of Vail Pass, which enhances the flows of Gore Creek and provides a source of upstream augmentation water for the Town's municipal water requirements and approximately 2 /3rds of the snowmaking water for the Vail Ski Area. 4. Obtained the right to use Vail Resort's snowmaking pipeline, which will enable the District to deliver water to a new water treatment plant within Vail from the Eagle River at Dowd Junction. This will further enable the District to meet the Town's municipal water requirements without impacting the flows on Gore Creek. 5. Developed the Eagle Park Reservoir project upstream of Camp Hale and obtained the right to water in Homestake Reservoir. This water provides an additional in -basin supply of storage water to meet the future build out requirements of the Town. 6. Developed a raw water diversion system for irrigation at Ford and Donovan Parks. 7. Through the State Health Department regulatory process, restricted the amount of pollution from the Eagle Mine. 8. Provided snowmaking water from its municipal water supply for the ski course at Golden Peak. NV WATER, WASAhWATER, OPERATIONS & MANAGEMENT SER/�'�10 \n W: \LETTERS \BOARD CHAIR \ERWSD CHAIR \2009 \MAYOR CLEVE LAN D_09DEC_QQ REPRESENTATIVESDOgx 1 \n Dick Cleveland December 22, 2009 Page 2 9. Served on numerous state and regional boards and committees that deal with major water quality and water quantity issues. 10. Negotiated the Eagle River Memorandum of Understanding with Colorado Springs and Aurora, which prevents the development of the Cities' water rights within the Holy Cross Wilderness Area. 11. Partnered with the Town in the Vail Streetscape project and spent in excess of $25 million since 2000 to construct and upgrade water mains, wells, storage tanks and treatment plants within the Town. Given the role that the District has played on behalf of the Town on water quality and quantity issues, the District believes that it is important to have a representative on QQthat reflects the common water objectives of the Town and the District and the methods to achieve those objectives. While the District board has great admiration for Chuck's passion and his years of dedication on past water issues, we have a fundamental disagreement over how to best achieve those objectives as many of the foregoing accomplishments were obtained through cooperative agreements and settlements with eastern slope parties. Moreover, the fact is that Chuck is no longer intimately involved in any of the major water issues with which the District board, staff and consultants deal on a day to day basis. Accordingly, we urge that you consider a candidate that could work closely with both the Town and the District on the issues that will come before QQ. To this end, we would appreciate the opportunity to discuss this matter with Council at your work session on January 5, 2010. Very Truly Yours, EAGLE RIVER WATER & SANITATION DISTRICT Robert Warner Jr. Chairman of the Board c: Vail Town Council members Stan Zemler Eagle River Water & Sanitation District board of directors Chuck Ogilby RW /dlj \n 1/5/201 O\n 5 -3 -2 \n W:ALETTERS'BOARDCHAIWERWSD CHAIR \2009V'MAYOR CLEVELAND 09DEC QQREPRESENTATIVE.DOCX MEMORANDUM TO: Vail Town Council FROM: Vail Local Housing Authority Community Development Department DATE: January 5, 2010 SUBJECT: Arosa Drive Duplex Update Pricin In June, 2009, the Vail Town Council entered into a contract with JL Viele Construction to construct new employee housing units at 2657 Arosa Drive. The construction of those units is on time and on budget. When the decision to move forward with the construction of the homes was made, Town Council decided the Town would not recoup the cost of the land and would sell the units, with a long -term land lease, to owners for the cost of developing the homes. At Town Council's December 1, 2009, meeting the sales price for each half of the duplex was established and lottery applications were made available based upon this information. ➢ Side A Sale Price $395,000 ➢ Side B Sale Price $405,000 Lottery Process The Town of Vail received lottery applications from six (6) applicants that meet the minimum family size requirement identified in the Town of Vail Employee Housing Guidelines. Additionally, the Town received lottery applications from five (5) applicants that do not meet the minimum family size requirement, but are interested in purchasing the units. All applicants that meet the minimum family requirement will be prioritized over applicants that do not meet the minimum requirement. If there are no applicants that meet the minimum family size requirement for three - bedroom units, applicants who do not meet the minimum requirement to purchase a three - bedroom will be entered into the lottery. The lottery is scheduled to take place in the Vail Town Council Chambers on January 13, 2010 at 5:00 p.m. Change to Approved Plans Since the last update to Town Council, Staff received approval from the Town's Design Review Board to replace wood siding with stucco on the base of both units. The change increases the long -term durability, reduces maintenance expenses, and improves the overall aesthetic of the duplex. This change does not impact the completion date of the project. \n 1/5/201 O\n 5 -4 -1 \n M. iV f3i7 4!� T' i VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 5, 2010 ITEM /TOPIC: Matters from Mayor & Council. PRESENTER(S): Town Council \n 1/5/201 O\n M. iV f3i7 4!� T' i VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 5, 2010 ITEM /TOPIC: Annual appointment of newspaper of record for Town of Vail publications and notices for 2010. PRESENTER(S): Pam Brandmeyer ACTION REQUESTED OF COUNCIL: Approve and appoint The Vail Daily as the newspaper of record for 2010 for the Town of Vail publications and notices. BACKGROUND: The town annually establishes a newspaper of record for all public notices. This year, we requested a bid from Eagle Summit Publishers, owner of the general circulation newspaper, The Vail Daily, and requested a bid for The Vail Daily publications. The bid has been opened and the attached bid is the result of the bid proposal. The newspaper of record to be appointed at the evening meeting of the January 5, 2010 Town Council meeting at 6:00 p.m. or as soon thereafter as the matter can be heard. STAFF RECOMMENDATION: Please approve and appoint The Vail Daily as the newspaper of record for 2010. publications and notices for the Town of Vail. ATTACHMENTS: Newspaper of Record for 2010 Newspaper bid memo 2010 to TC \n 1/5/201 O\n V � Dail �1�78Q US HWY 6 & 24 Avon, CO 81620 Lorelei Donaldson Vail Town Clerk 75 South Frontage Road Vail, CO 81657 Dear Ms. Donaldson and Vail Town Council: The Vail Daily appreciates and is thankful for your business partnership. We'd life to restate our commitment to providing reliable service and the reach that comes with a full community newspaper read regularly by nine of every 10 people in the Vail Valley. The Daily strives to deliver the highest value possible by producing the best newspaper, Web site and niche publications in Colorado and beyond for our great community. We aim high and accept responsibility when we fall short as part of our ongoing quest for consistent excellence. Our legal advertising is handled by a specialist with over 10 years of experience with legal advertising, Pam Schultz, who also is a notary public. She has proven capability of timely placement, certification and invoicing of this type of advertising, and is well versed in the ins and outs of it. We recognize that the current economy has been difficult for the town of Vail, as well as the valley's business community. Like nearly all businesses here, we've tightened our belts too. This allows us to pass savings on to you in pricing for 2010. We are rolling back our prices by approximately 21% to 2005 prices: That means we will charge $3.80 per column inch for classified ads and legal notices, along with $3.35 per column inch for display advertising Sunday through Thursday and $3.52 per column inch for Friday and Saturday publication. Publication in the Vail Daily's e- edition is complimentary. On the following page is a recap of pricing history back to 2004. Thanks again, and we look forward to working closely with you in what everyone hopes is a more prosperous 2010. Sincerely, Don R® ers —_ g - Editor and Publisher (970) 748 -2920 editorvaildaly.com \n 1/5/201 O\n 7 -1 -1 \n 2009 To of Vail Rates for Colorado Mountai News Media (Vail Daily, Vail Trail & E agle Valley Ent erprise] I Newspaper Classified Ads /L al Publications Display Ads Vail Daily $4.65 per colum Inch $4.08 Sun Thur 2009 5 0 /o inc rease from la st year $4.33 Fri -Sat Includ+ea_internet e- edition I ncludes inte a - edition Vail wily $4.43 per co lumn inch $3.89 Sun -Thurs 2008 6% increase from last ye $4.12 Fri -Sat Includes inter e - edition Includes Internet e- edition Vail Daily $4.18 per col inch $3.67 Sun -Thurs 2007 5 % i from last year $3.89 Fri -Sat Inclu internet e- edi tion Includes internet e- edition _ 3.5_0 Sun -Thurs Vail Dai 3.99 per column Inch 3.71 Fri Sa t. 2005 *S column format) *6 column_format) - 5%© increase from last year - - - -- - Vail Daily $3.80 per column inch $3.35 per column inch Sunday - Thursday *5 column format 2005 *5 column format 3.52 per column inch - - Midaiy =Saturdays ( *G column (format) Vail Dail 2004 $3.60 per column inch $1-20 p column Inch (Legals are based on a 5- column format (Display advertising, column inch rate is which is 1.867' wide and 1" in depth) based on a 6 column format which is approx. 1.53" wide by 1" in depth) \n 1/5/201 O\n 7 - 1 - 2 \n MEMORANDUM TO: TOWN COUNCIL FROM: Stan Zemler, Town Manager RE: Legal Newspaper of Record for the Town of Vail DATE: December 29, 2009 The town annually establishes a newspaper of record for all public notices. This year, we requested a bid from Eagle Summit Publishers, owner of all the general circulation of newspapers in Eagle County, and requested a bid for The Vai/Dai /y publications. The bid has been opened and the attached bid is the result of the bid proposal. The newspaper of record will be appointed at the evening meeting of January 5, 2010 at 6:00 p.m., or as soon thereafter as the matter can be heard. \n 1/5/201 O\n 7 -2 -1 \n Newspaper Bid Proposals for the Town of Vail for 2010 Newspaper Classified Ads /Legal Publications Display Ads Vail Daily $3.80 per column inch $3.35 per column inch 2010 ( *5 column format) Sunday - Thursday ( *5 (SAME column format) PRICING APPROX. 21% SAVINGS $3.52 per column inch AS 2005) (Friday- Saturday) ( *6 column format) Vail Daily $4.65 per column inch $4.08 Sun -Thurs 2009 5 0 /b increase from last year $4.33 Fri -Sat Included internet e- edition Included internet e- edition Vail Daily $4.43 per column inch $3.89 Sun -Thurs 2008 6% increase from last year $4.12 Fri -Sat Included internet e- edition Included internet e- edition $4.18 per column inch $3.67 Sunday- Thursday Vail Daily 5 0 /b increase from last year $3.89 Friday- Saturday 2007 Includes internet e- edition Includes internet e- edition Vail Daily $3.99 per column inch $3.50 Sun -Thurs 2006 ( *5 column format) $3.71 Fri - Sat. ( *6 column format) 5 0 /b increase from last year Vail Daily $3.80 per column inch $3.35 per column inch 2005 ( *5 column format) Sunday - Thursday ( *5 column format) $3.52 per column inch (Friday- Saturday) ( *6 column format) Vail Daily $3.60 per column inch $3.20 per column inch 2004 (Legals are based on a 5- column format (Display advertising, column which is 1.867" wide and 1" in depth) inch rate is based on a 6 column format which is approx. 1.53" wide by 1" in depth) \n 1/5/201 O\n 7 -2 -2 \n M. iV f3i7 4!� T' i VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 5, 2010 ITEM /TOPIC: NEXTbus Update. PRESENTER(S): Mike Rose ATTACHMENTS: NEXTbus Update \n 1/5/201 O\n OAM IN TOWN NEXTbus UPDATE • System turned off for re- routing of in town due to construction activity. • System turned on December 16, 2009. • All drivers retrained in the use of NEXTbus. • Supervisors check signs twice each shift and log results. • 373 arrival times viewed by supervisors from December 16 2009 to December 29, 2009. • 33 errors observed. Origin of errors listed below. 9 drivers not logged in or driving too fast. 2 due to heavy traffic or passenger loading delays. 8 at the Marriot (defective sign to be replaced). 3 West Lionshead Plaza (defective sign to be replaced). 11 failed readings that corrected within 10 minutes, source unknown. • Three defective signs will be removed and sent in for repair. • Current payment for NEXTbus service is $10,000 per year, down from $40,000 in 2008. Contract expires June 25, 2010. \n 1/5/201 O\n M. iV f3i7 4!� T' i VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 5, 2010 ITEM /TOPIC: Ordinance No. 1, Series of 2010, an emergency ordinance amending the Town of Vail's Health Insurance Fund budget for 2009; making supplemental approprations thereto; and declaring an emergency. PRESENTER(S): Kathleen Halloran ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Ordinance No. 1, Series of 2010. BACKGROUND: Town staff was notified on December 29 of significant health claim expenditures that were unforseen at the last 2009 budget adjustment. As these claims will cause an overage in the Health Insurance Fund 2009 expenditure budget, staff is requesting additional funds to be appropriated. Please see attached memo for more details. STAFF RECOMMENDATION: Approve Ordinance No. 1, Series of 2010. ATTACHMENTS: Ord 1, 2010 Supp 5 of 09 \n 1/5/201 O\n MEMORAI DUM To: Town Council From: Stan Zemler Judy Camp Kathleen Halloran Date: December 31, 2009 Subject: 2009 Budget Amendment— Ordinance No. 1, Series 2010 On Tuesday evening, you will be asked to approve the fifth supplemental appropriation of 2009 as an emergency ordinance. Town staff was notified December 29 of a significant medical claim. Due to the magnitude of this claim and other large claims coming in, the Health Insurance Fund expenditure budget would be exceeded for 2009, in conflict with state statutes. This type of claim is well beyond the scope of our healthcare consultant's predictions, and was not known at the time of the budget adjustments completed just earlier this month. The Health Insurance Fund has adequate reserves to accommodate the expenditure in 2009, although the town will be reimbursed for this claim as reflected in revenue. We are not aware of the full potential of reimbursement, but the $200,000 included in revenue is the minimum amount expected. Claims over $75,000 per person are covered by an indemnity "stop loss" insurance product. This coverage protects the Health Insurance Fund reserves from substantial health claims similar to this one. Staff requests Council's approval of this emergency ordinance in order to maintain integrity with state statutes regarding the budgetary process. \n 1/5/201 O\n 9 -1 -1 \n TOWN OF VAIL 2009 BUDGET PROPOSAL SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE HEALTH INSURANCE FUND 2009 2008 2009 2009 5th Proposed 2010 2011 Act Budget Amended Supplemental Amended Budget 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 286,058 288,000 268,000 268,000 305,000 258,000 Insurer Proceeds 111,957 20,000 145,000 200,000 345,000 100,000 32,000 Earnings on Investments 35,866 24,719 24,719 24,719 5,000 Total Revenue 2,828,171 2,847,719 2,952,719 200,000 3,152,719 2,920,000 2,800,000 Expenditures Health Inusrance Premiums 287,533 339,660 339,660 339,660 365,000 340,000 Claims Paid 2,163,853 2,448,059 2,498,059 450,000 2,948,059 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 2,897,719 450,000 3,347,719 3,070,000 2,915,000 Revenue Over (Under) Expenditures 349,343 - 55,000 (250,000) (195,000) (150,000) (115,000) Beginning Fund Balance 990,117 1,089,099 1,089,099 1,339,460 1,144,099 994,099 Ending Fund Balance $ 1,339,460 $ 1,089,099 $ 1,144,099 $ 1,144,460 $ 994,099 $ 879,099 \n - 1/5/2010 \n 9 -1 -2 \n ORDINANCE NO. 1 Series of 2010 AN EMERGENCY ORDINANCE AMENDING THE TOWN OF VAIL'S HEALTH INSURANCE FUND BUDGET FOR 2009; MAKING SUPPLEMENTAL APPROPRIATIONS THERETO; AND DECLARING AN EMERGENCY. 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, Section 4.11 of the Charter provides that an ordinance may be passed as an emergency measure for the preservation of the public property, health, welfare, peace or safety, upon unanimous vote of all members of the Council present or a vote of five members of the Council, whichever is less, and WHEREAS, in order to properly reflect the expenditure as a 2009 transaction and promptly pay costs, the Town Council finds that it should make certain supplemental appropriations and budget adjustments as set forth herein. NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following supplemental appropriations and budget adjustments for the 2009 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the expenditure of said appropriations as follows: Health Insurance Fund $450,000 2. Due to the immediate need by the Town to pay medical claims in the proper fiscal year, an emergency exists which requires the immediate passage of this ordinance as an emergency measure, and it is hereby declared that the approval of this ordinance Ordinance No. 1, Series 2010 An 1/5/2010 \n 9 -1 -3 \n as an emergency measure is necessary for the preservation of the public property, health, welfare, peace or safety. 3. Pursuant to Section 4.11 of the Charter, this ordinance shall be finally passed on the date hereof and shall be effective on the date hereof. This ordinance, as adopted by the Council, shall be numbered and recorded by the Town Clerk of the Town in the official records of the Town. The ordinance shall be authenticated by signatures of the Mayor and Town Clerk of the Town, and shall be published within ten days of the date hereof as required by the Charter. 4. 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. 5. 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. 6. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED AND FINALLY PASSED AS AN EMERGENCY MEASURE AND ORDERED PUBLISHED ONCE IN FULL this 5 th day of January, 2010. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk \n 1/5/201 O\n 9 -1 -4 \n M. iV f3i7 4!� T' i VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 5, 2010 ITEM /TOPIC: Resolution No. 1, Series of 2010, a resolution designating a public place within the Town of Vail for the posting of notice for public meetings of the Vail Town Council, Planning and Environmental Commission, Design Review Board, and other boards, commissions, and authorities of the Town of Vail. PRESENTER(S): Pam Brandmeyer ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny Resolution No. 1, Series of 2010. BACKGROUND: Pursuant to Section 24- 6- 402(2)(c) of the C.R.S. as amended, provides that local public bodies must give full and timely notice to the public of any meetings at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs at which a majority or quorum of the body is in attendance, or is expected to be in attendance. STAFF RECOMMENDATION: Approve Resolution No. 1, Series of 2010. ATTACHMENTS: Resolution No. 1, Series of 2010 \n 1/5/201 O\n RESOLUTION NO. 1 SERIES OF 2010 A RESOLUTION DESIGNATING A PUBLIC PLACE WITHIN THE TOWN OF VAIL FOR THE POSTING OF NOTICE FOR PUBLIC MEETINGS OF THE VAIL TOWN COUNCIL, PLANNING AND ENVIRONMENTAL COMMISSION, DESIGN REVIEW BOARD, AND OTHER BOARDS, COMMISSIONS, AND AUTHORITIES OF THE TOWN OF VAIL. WHEREAS, Section 24- 6- 402(2)(c), C.R. S., as amended provides that local public bodies must give full and timely notice to the public of any meetings at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs at which a majority or quorum of the body is in attendance, or is expected to be in attendance; and WHEREAS, the Town of Vail now wishes to designate a public place within its boundaries for the posting of such full and timely notice to the public for meetings of the Town Council, the Planning and Environmental Commission, the Design Review Board, and other boards, committees, and authorities of the Town. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: 1. The Town Council hereby designates the bulletin boards at the east and west entrances of the Town of Vail Municipal Offices as the public places for the posting of full and timely notice as required by Colorado law. 2. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 5th day of January, 2010. Richard D. Cleveland„ Mayor ATTEST: Lorelei Donaldson, Town Clerk \n 1/5/201 O\n 10 -1 -1 \n \n 1/5/201 O\n 10 - 1 - 2 \n ( i E VIL" VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 5, 2010 ITEM /TOPIC: Resolution No. 2, Series of 2010, a Resolution Approving an Intergovernmental Agreement between the Town of Vail and the Roaring Fork Transportation Authority; and Setting Forth Details in Regard Thereto. PRESENTER(S): Greg Hall ACTION REQUESTED OF COUNCIL: Approve the IGA, and authorize the Town Manager to sign and enter into the IGA with RFTA. BACKGROUND: In 2009 the Roaring Fork Transit Authority (the "RFTA ") had a bid and award to purchase buses. The Town of Vail (the "Town ") has budgeted the purchase of six (6) buses in 2010. The Town would like to enter into an agreement with RFTA to utilize RFTA's bid and award to purchase the Town's 6 buses at the same or similar terms. The agreement would not require the Town to purchase any bus equipment. STAFF RECOMMENDATION: Approve the IGA, and authorize the Town Manager to sign and enter into the IGA with RFTA in a form approved by the Town Attorney. ATTACHMENTS: Resolution No. 2, Series of 2010 \n 1/5/201 O\n RESOLUTION NO. 2 Series of 2010 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND THE ROARING FORK TRANSPORTATION AUTHORITY; 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 Town and the Roaring Fork Transit Authority (the "RFTA ") wish to enter into an Intergovernmental Agreement (the "IGA ") authorizing the Town to purchase buses from a bid and award the RFTA received in 2009; and WHEREAS, the IGA only authorizes the Town to utilize RTFA's award and does not obligate the Town to purchase any buses; and WHEREAS, the Council's approval of Resolution No. 2, Series 2010, is required to enter into an IGA. 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 IGA with the RFTA for the opportunity to purchase buses on the RFTA's existing order to purchase buses, 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 5 th day of January, 2010. Richard Cleveland Town Mayor ATTEST: Lorelei Donaldson, Town Clerk Resolution No. 2, Series 2010 An 1/5/201 O\n 11 -1 -1 \n EXHIBIT "A" January 5, 2010 Kenny Osier Director of Maintenance Roaring Fork Transportation Authority (RFTA) 51 Service Center Rd. Aspen, CO 81611 RE: Request to "Piggyback" Dear Mr. Osier, The Town of Vail is interested in purchasing Six 6 Gillig 40 Foot Low Floor buses. We understand that RFTA may be willing to assign some of its option buses to other properties. If you should have optional buses still available, the Town of Vail would appreciate the opportunity to "Piggyback" on to your existing order. The Town of Vail would need a letter from RFTA assigning the option units and appropriate documentation as required by the Federal Transit Administration. I hope the proposed piggyback arrangement will not inconvenience or affect your entity other than to reduce the number of option buses available. The Town of Vai will sign a separate contract with GILLIG and pay them directly. All contractual activity will be directly between the Town of Vail and Gillig. On behalf of the Town of Vail I would like to thank you for considering this request. If I can provide any other information, do not hesitate call me. I can be reached at (970) 479 -2163 or by e-mail at tscho110_vailgov.com Sincerely, Todd Scholl Fleet Manager Town of Vail 1289 Elkhorn Drive Vail, CO 81657 Resolution No. 2, Series 2010 An 1/5/201 O\n 11 -1 -2 \n STANDARD FORM OF COOPERATIVE PURCHASING AGREEMENT BETWEEN Roaring Fork Transportation Authority AND COOPERATING PUBLIC AGENCY 1. THIS AGREEMENT is made this 10 day of November, 2009 between the Roaring Fork Transportation Authority (RFTA) and the Cooperating Public Agency, the Town of Vail who, agree as follows: 2. RFTA, in contracting for the purchase of goods and services for itself, agrees to seek the same or similar terms for the Cooperating Public Agency, where appropriate in RFTA's sole discretion, to the extent permitted by law. 3. The Cooperating Public Agency may purchase up to vehicles under the same terms and conditions as RFTA per the contract and related documents (RFTA RFP# 05 /11 /09TIGGERBRT.) Such purchases shall be effected through direct contract purchase order between the Cooperating Public Agency and the Contractor. Copies of such purchase orders shall be sent to RFTA for informational purposes. RFTA shall not be responsible for the performance or suitability of any good or service provided by the Contractor, or for the payment of invoices incurred by the Cooperating Public Agency. 4. The method of financing or payment of purchase pursuant to this Agreement shall be provided through budgeted funds or other suitable funds of the Cooperating Public Agency. 5. Each party reserves the right to contract independently for the acquisition of goods or services or disposal of any property without notice to the other party and shall not bind or otherwise obligate the other party to participate in the activity. RFTA and the Cooperating Public Agency each reserve the right to exclude the other from any particular purchasing contract, with or without notice. 6. Each party shall be liable and responsible for the consequence of any negligent or wrongful act or failure to act on the part of itself and its employees. Neither party assumes responsibility to the other party for consequences of any act or omission of any person, firm, or corporation not a party to this Agreement. The Town of Vail agrees to defend, indemnify, and hold harmless RFTA, its officers, agents, or employees from any claim, costs and / or demands arising out of or related to this Agreement. 7. RFTA will contract for the purchase of goods and services according to the laws and regulations governing purchases by and on behalf of RFTA. The Town of Vail accepts responsibility for compliance with any additional or varying laws and regulations governing purchases by or on behalf of the Town of Vail 8. This Agreement may be amended, modified or supplemented only by a written instrument signed by both parties. 9. This Agreement shall be construed in accordance with the laws of the State of Colorado. Any action of law, suit in equity, or judicial proceeding for the Resolution No. 2, Series 2010 An 1/5/201 O\n 11 -1 -3 \n enforcement of this Agreement or any provision thereof, shall be instituted and maintained only in Pitkin County. This Agreement shall remain in force until terminated upon written notice by either party. Accepted for: Accepted For: Town of Vail ROARING FORK TRANSPORTATION AUTHORITY Stan Zemler Kenny Osier Town Manager Director of Maintenance Resolution No. 2, Series 2010 An 1/5/201 O\n 11 -1 -4 \n Appendix B.16 PIGGYBACKING WORKSHEET Definition: Piggybacking is the post -award use of a contractual document /process that allows someone who was not contemplated in the original procurement to purchase the same supplies /equipment through that original document /process. (TTA Dear Colleague letter, October 1, 1998). In order to assist in the performance of your review, to determine if a situation exists where you may be able to participate in the piggybacking (assignment) of an existing agreement, the following considerations are provided. Ensure that your final file includes documentation substantiating your determination. WORKSHEET YES NO 1. Have you obtained a copy of the contract and the solicitation document, including the specifications and any Buy America Pre -award or Post delivery audits? 2. Does the solicitation and contract contain an express "assignability" clause that provides for the assignment of all or part of the specified deliverables? 3. Did the Contractor submit the "certifications' required by Federal regulations? See BPPM Section 4.3.3.2. 4. Does the contract contain the clauses required by Federal regulations? See BPPM Appendix Al 5. Were the piggybacking quantities included in the original solicitation; i.e., were they in the original bid and were they evaluated as part of the contract award decision? 6. If this is an indefinite quantity contract, did the original solicitation and resultant contract contain both a minimum and maximum quantity, and did these represent the reasonably foreseeable needs of the parties to the contract? 7. If this piggybacking action represents the exercise of an option in the contract, is the option provision still valid or has it expired? 8. Does your State law allow for the procedures used by the original contracting agency: e.g., negotiations vs. sealed bids? 9. Was a cost or price analysis performed by the original contracting agency documenting the reasonableness of the price? Obtain a copy for Resolution No. 2, Series 2010 An 1/5/201 O\n 11 -1 -5 \n your files. 10. Does the contract term comply with the five -year term limit established by FTA? 11. Was there a proper evaluation of the bids or proposals? Include a copy of the analysis in your files. 12. If you will require changes to the vehicles (deliverables), are they "within the scope" of the contract or are they "cardinal changes "? See BPPM Section 9.2.1 Resolution No. 2, Series 2010 An 1/5/201 O\n 11 -1 -6 \n