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HomeMy WebLinkAbout2010-03-02 Agenda and Support Documentation Town Council Evening Session VAIL TOWN COUNCIL EVENING SESSION AGENDA +` TM W Via' VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., MARCH 2, 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: Citizen Participation. (15 min.) PRESENTER(S): Public 2. ITEM /TOPIC: Town Manager's Report. a. Revenue Update. b. Council Vision. c. Community Survey Update. d. Collection of Sales Tax on Short Term Rentals. (15 min.) PRESENTER(S): Stan Zemler 3. ITEM /TOPIC: Consent Agenda. a. Approval of 02.02.10 & 02.16.10 Town Council Minutes. (5 min.) 4. ITEM /TOPIC: To proceed with the procurement of (6) 40' low -floor traditional buses. (5 min.) PRESENTER(S): Todd Scholl, Fleet Manager ACTION REQUESTED OF COUNCIL: Approve request to purchase BACKGROUND: In January 2010, the Town of Vail entered into an inter- governmental agreement with RFTA (Roaring Fork Transit Authority) to "piggy- back" on their contract with Gillig Buses. Town staff is requesting Council's approval to proceed with the purchase of (6) 40' low -floor buses per this agreement at a cost of $369,185 per bus. STAFF RECOMMENDATION: Approve request 5. ITEM /TOPIC: First reading of Ordinance No. 4, Series of 2010, An Ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, and Real Estate Transfer Tax Fund of the 2010 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. (30 min.) \n 3/2/2010 \n PRESENTER(S): Judy Camp ACTION REQUESTED OF COUNCIL: Approve or approve with amendments the first reading of Ordinance No. 4, Series of 2010. BACKGROUND: To be provided in a separate memo. STAFF RECOMMENDATION: Staff recommends that the Town Council approves or approves with amendments Ordinance No. 4, Series of 2010, upon first reading. 6. ITEM /TOPIC: Second reading of Ordinance No. 3, Series of 2010, an ordinance amending Section 14 -10 -5, Building Materials and Design, Vail Town Code, pursuant to Section 14 -1 -3, Administration of Standards, to allow for changes to the solar panel regulations, and setting forth details in regard thereto. (PEC090041) (10 min.) PRESENTER(S): Rachel Friede ACTION REQUESTED OF COUNCIL: Staff requests that the Vail Town Council tables this item to the April 6, 2010 meeting. BACKGROUND: On January 25, 2010, the Planning and Environmental Commission forwarded a recommendation of approval, with modifications, for changes to both the Lionshead Redevelopment Master Plan and the Development Standards of the Vail Town Code. On February 16, 2010, the Vail Town Council approved Ordinance No. 3, Series of 2010, upon first reading by a vote of 4 -3 -0 (Daly, Donovan and Foley opposed). The Vail Town Council requested that Staff return with additional information, including renderings and pictures of existing and potential solar panel installations. Staff is requesting a tabling of this item in order to provide adequate additional information. 7. ITEM /TOPIC: Resolution No. 5, Series of 2010, a resolution amending Section 8.4.2.7 Roofs, Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, in order to amend the guidelines on solar panels in Lionshead, and setting forth details in regard thereto. (PEC090040) (10 min. ) PRESENTER(S): Rachel Friede ACTION REQUESTED OF COUNCIL: Staff requests that the Vail Town Council tables this item until the April 6, 2010 meeting. BACKGROUND: On January 25, 2010, the Planning and Environmental Commission forwarded a recommendation of approval, with modifications, for changes to both the Lionshead Redevelopment Master Plan and the Development Standards of the Vail Town Code. On February 16, 2010, the Vail Town Council discussed Resolution No. 5, Series of 2010, but no action was taken. \n 3/2/2010 \n 8. ITEM /TOPIC: Adjournment. (7:30 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, MARCH 16, IN THE VAIL TOWN COUNCIL CHAMBERS. \n 3/2/2010 \n 'OWN OF VAM . VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: March 2, 2010 ITEM /TOPIC: Town Manager's Report. a. Revenue Update. b. Council Vision. c. Community Survey Update. d. Collection of Sales Tax on Short Term Rentals. PRESENTER(S): Stan Zemler ATTACHMENTS: Revenue Highlights \n 3/2/2010 \n TOWN OF VAIL REVENUE HIGHLIGHTS February 25, 2010 Sales Tax Sales tax collections are currently unavailable as of February 25 This report will be updated for the March 2 nd Council meeting. Use Tax Use tax collections as of February 24, 2010 total $45,167compared with just $9,899 at this time last year. Included in 2010 collections are the Ramshorn and several remodel projects including an addition to a Vail Village Inn unit. No comparable activity occurred in the first two months last year. The budget for 2010 is $500,000. Lift Tax Lift tax collections total $704,561, on pace with budget and last year. The annual budget totals $3,115,000. Construction Permit Fee Revenue Construction permit revenue through February 24, 2010 totals $45,935 including $21,457 from major redevelopment projects compared with $107,407 from major projects last year. Revenue from non -major projects is up 6% from 2009. The 2010 budget for construction permit fees is $425,000. Real Estate Transfer Tax (RETT) RETT collections through February 24 2010 total $547,630. This amount is a 61 % increase from this time last year. Approximately half of the 2010 sales are from major redevelopment projects. Collections not related to major redevelopment projects are up 8% from 2009. Parking Revenue Pass sales through February 25 total $90,214, up significantly from the first two months of 2009 ($35,343) due to an increase in value pass sales. Year -to -date daily sales (from the parking structures) total $1.6 million, up 2% from 2009. Please note this report for February sales does not include the last weekend of the month. Finance /Budget /Budgetl0 /Town Council Memos /100302 Revenue Highlights \n - 1 - 3/2/2010 \n 2 -1 -1 \n 'OWN OF VAM . VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: March 2, 2010 ITEM /TOPIC: Consent Agenda. a. Approval of 02.02.10 & 02.16.10 Town Council Minutes. ATTACHMENTS: 02.02. 10 Minutes 02.16. 10 Minutes \n 3/2/2010 \n Vail Town Council Meeting Minutes Tuesday, February 2, 2010 6:00 P.M. Vail Town Council Chambers Members present: Dick Cleveland, Mayor Susie Tjossem Kevin Foley Margaret Rogers Andy Daly Kerry Donovan Kim Newbury Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. There was none. The second item on the agenda was a review and approval of recommendations for minor modifications from the Parking Task Force for the remainder of the 2009 -2010 season. Public Works Director Greg Hall asked Council to review the recommendations of the parking Task Force and approve /disapprove or modify the changes to the parking program for the remainder of the 2009 -2010. Council established the parking task force to provide direction to the Council regarding parking operation policies for each year. The task force meets annually after the Martin Luther King Holiday to evaluate the results of the operational changes implemented, review trends and see if any changes need to be addressed and recommends possible changes to the operating policies if needed. The two areas focused on were the value pass lot and trailhead and park parking. The parking task force recommended the following changes to the parking policies for the remainder of the 2009 -2010 season: • Open the value pass qualification to Eagle County residents, employees or property owners on an experimental basis for the remainder of this season. The value (discount) would only apply Monday - Thursday. The discount would allow access at a rate of $15 for a full day of parking. \n 3/2/2010 \n 1 • The second issue was trailhead and park parking. The recommendation was to sign a portion of each trailhead and Stephens Park parking spaces with a three hour limit only restriction. Tjossem said there were too many parking rules and regulations. "It's (parking regulations) so complicated it's no wonder things don't get filled up." Rogers moved to accept the value pass recommendations including Sunday with Foley seconding. The motion passed unanimously, 7 -0. The motion opened to Eagle County residents, employees or property owners, a pass previously open only to Vail residents, employees and business owners. The pass is good for an off - peak rate, Sundays through Thursdays, at $12 for Vail residents and business owners and $15 for Eagle County residents and business owners. The peak prices, on Fridays and Saturdays, are now $20 and $22 respectively. The spaces are located on the top deck of the Vail Village parking structure and another 75 spaces are on the southern middle deck of LionsHead. All spaces are allocated on a first -come, first - served basis. Cleveland commented, "We have to stop punishing people for driving to Vail." Parking at trailheads will now include signs indicating half the spaces are for day skiers, while the other half are for those using the trails. Daly then moved to designate all parking spaces at Stephens Park for park use only while trailheads will post half with three hour parking with the rest for skiers. Tjossem seconding. The motion passed unanimously, 7 -0. During a pause for public comment, Michael Cacioppo said he would avoid paying for parking like the plague and suggested lengthening the 90 minute shopper parking time limit. Hall clarified that 25% of all parking transactions are under 90 minutes. Rogers suggested offering reduced rate parking coupons for merchants who could provide them to customers. Vail Chamber & Business Association representative Rich tenBraak said local merchants would favor two hours as opposed to the 90 minutes. Kaye Ferry cautioned Council to avoid making too many changes. The third item on the agenda was the Town Manager's Report. a. Revenue Update Budget & Financial Reporting Manager Kathleen Halloran reported when all sales tax returns are received for the month of December, collections for the month are expected to be $2,542,446 up 12.8% from budget (down 4.2% from December, 2008). Year -to -date total sales tax collections of $16.9 million exceeded the annual budget by 1.8% (down 13.9% from 2008). Inflation as measured by the consumer price index was up 2.7% for the month of December, and down 0.4% for all of 2009 compared to 2008. Use tax collections as of January 26, 2010, total $13,353, a 44% increase from last January. Collections for 2009, totaled $714,784, exceeding the $700,000 budget. The budget for 2010 is $500,000. 2009 lift tax collections total $3,048,011, down 2.2% from the annual budget of $3,115,000 (down 7.0% from 2008). 2009 construction permit revenue totals $794,181, down 7.4% from a budget of $858,000 and down 68% \n 3/2/2010 \n 2 from full year 2008. The decrease in activity from the prior year is due to both major and non -major redevelopment projects. Major redevelopment projects make up 48% of the total, and construction permit fee revenue from those projects is down by 81 % from prior year. Revenue from non -major projects is down 23% from 2008. January 2010 construction permit revenue totals $8,018, down 50% from January, 2009. With a majority of 2009 transactions recorded, year -to -date Real Estate Transfer Tax collections through December 31, 2009, total $2,508,099, an increase of 3.6% over the annual budget of $2,420,000. This amount is a 72% decrease from 2008, a record year, due to both major and non -major redevelopment projects. Eagle County as of November, 2009 was down 60% in sales dollars and down 45% in the number of sales transactions. 2009 collections not related to major projects year -to -date are 39% down from this time last year. January 2010 RETT collections total approximately $205,463. This is 14% less than collections in January of 2009. Total parking revenue of $4,975,795 exceeded 2008 by 5.7 %, but was down 8.4% from 2009 budget. This revenue consists of both revenue from pass sales and daily sales from the parking structures: Parking Pass sales for 2009, total $701,813, a 12.4% decrease from full year 2008, and a 21.7% decrease (or $195,000) from the 2009 budget. Daily sales from the parking structures total $4.3 million for 2009, up 9.4% from full year 2008, and down 5.8% from budget. Daily sales started strong early in 2009, but have lagged so far this season. As of January 18, daily sales total approximately $659,496. Although sales were lean the early part of the month, this past weekend showed improvement with an 8% increase over the same weekend last year. Across all funds for 2009, total revenue of $42.5 million met the annual budget (down only 0.8 %). Town reserves total an estimated $50.6 million. During a pause for public comment, Vail Homeowner's Association representative Jim Lamont clarified a revenue figure. c. Rocky Mountain Rail Feasibility Update Public Works Director Greg presented Council with an update on the current status of a rail line access to Vail from the Front Range. The preferred plan at the moment includes running the line from Copper Mountain to Camp Hale, subsequently skipping Vail. During a pause for public comment, Vail Homeowner's Association Jim Lamont asked if any environmental studies had been performed and asked Council to look long term. Hall said no studies had yet been performed. Michael Cacioppo expressed concern over the potential noise impacts. The fourth item on the agenda was the Consent Agenda. a. Approval of the 01.05.10 & 01. 19.10 Vail Town Council Minutes. Rogers moved to approve the minutes with minor amendments with Foley seconding. The motion passed unanimously, 7 -0. \n 3/2/2010 \n 3 The fifth item on the agenda was Resolution No. 4, Series of 2010, a resolution authorizing the Town of Vail to apply for a Local Parks and Outdoor Recreation grant from the State Board of the Great Outdoors Colorado (LOCO) Trust Fund for the Red Sandstone Elementary School (RSES) playground renovation. Gregg Barrie and Eagle County School District representatives informed Council that the State Board of the Great Outdoors Colorado Trust Fund ( "GOCO ") assists local governments in acquiring, expanding, enhancing and improving parks, outdoor recreation and environmental education facilities. The town has a 30 year lease with Eagle County School District for the elementary school known as Red Sandstone Elementary School. The Town has requested $200,000 from GOCO to sponsor the relocation and renovation of the RSES playground on behalf of the District. Cleveland clarified the cost estimate for the total project was for $264,000. Cleveland clarified that use of the playground will be limited to non - school hours. LionsHead hotelier and Red Sandstone Elementary parent Keith Ozda spoke in support of the project. Daly moved to approve the resolution with Rogers seconding. The motion passed unanimously, 7 -0. Foley and Newbury said the park was an excellent addition to the community. The sixth item on the agenda was a presentation of three alternatives for considering a request to extend the approval periods for four existing development review application approvals which are presently set to expire. Community Development Director George Ruther explained Council has approved four development plans for the Cascade Residences, Cornerstone Residences, Strata and Timberline Roost Lodge. Since those approvals however, the United States entered into a deep recession and the town has adopted a construction use tax, 50 percent on -site employee housing requirements and new international building codes. The three new laws would place further financial hardship on the four approved developments. Ruther asked Council if they wished to pursue any of the three alternatives outlined in a memorandum provided to Council. The Community Development Department recommended Council instruct staff to pursue Alternative #1: #1: Extend the Approvals for 12 months Subject to an Administrative Action Given the unique circumstances of the present conditions of the economy and other factors out of the control of the applicants, the Vail Town Council may conclude that an extension is warranted. With this in mind, the Town Council could choose to instruct staff to grant an extension to the approvals for the four specific projects in question, subject to the following terms: 1) One -time 12 month extension from the date of the expiration date. 2) The extension shall only be valid for the approved development plan(s) that was granted. Any request for a change to the approved plans (i.e., \n 3/2/2010 \n 4 any change that requires a review by the PEC), except for a design review change to approved plans request, shall cause the extension to be void. 3) Any application that has not yet received approval for a building permit shall fully comply with the 2009 International Building Codes, as adopted and as may be amended. 4) The granting of the extension shall be by administrative action. Ruther clarified the 12 month extension was not arbitrary. Daly said, "We are fooling ourselves if we think things (current economic situation) will work themselves out in one year." Rogers suggested making the extension 18 months. Timber Line representative Greg Gastineau said there was not construction financing available. "We aren't waiting for market conditions to get better... We are waiting for banks to start lending money again." Michael Cacioppo asked Council to consider approving the projects as it may take years for some of them to continue. Strata representative Rocky Cortina said the addition of the use tax would add another line -item to the construction budget making financing even more difficult. Daly moved to approve alternative number one with the change from 12 to 18 months with Rogers seconding. Cleveland said his best judgment told him he could not support any extension ever. "It seems to me we had limits on a approval for a reason...I will be voting against the motion due to the time limit." Rogers said she wanted the projects to go forward because construction creates jobs. "This is a much bigger issue than these four projects." The motion passed unanimously, 6 -1 with Cleveland opposed. The seventh item on the agenda was Adjournment. Foley moved to adjourn with Daly seconding at 7:46 p.m. The motion passed unanimously, 7 -0. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk \n 3/2/2010 \n 5 \n 3/2/2010 \n 6 Vail Town Council Meeting Minutes Tuesday, February 16, 2010 6:00 P.M. Vail Town Council Chambers Members present: Dick Cleveland, Mayor Susie Tjossem Kevin Foley Margaret Rogers Andy Daly Kerry Donovan Kim Newbury Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Vail Homeowner's Association representative Jim Lamont spoke in regard to the upcoming Community Survey. "The degree of response has always troubled me... It has been looked at by some as a political document as opposed to a factual document." Local filmmaker Roger Brown announced, "The Vail 50 anniversary film is being produced... I have a 100,000 feet of film... If we do the right job with the original film it will look like 35mm ... Vail Resorts has contributed to about half the total budget... We are really examining a lot of possibilities." If you care to contact Brown or have photography or video that may be of interest, please contact him at 970 - 524 -1588. The second item on the agenda was the Town Manager's Report. a. Insurance Service Office (ISO) Rating Update Fire Chief Mark Miller reported the town's ISO rating had recently improved. "We are currently rated four with one being best." b. Green Business of the Year Award to the Town of Vail Cleveland announced the town had been awarded the Vail Valley Partnership's, Green Business of the Year Award. Cleveland said it was really town staff who deserved the award. Kristen Bertuglia and Bill Carlson received the award from the Mayor. \n 3/2/2010 \n 1 The third item on the agenda was the adoption of Council Vision Document / 2010 Priorities. Town Manager Stan Zemler reported The Town of Vail budget adopted for the 2010 reflects the town's priorities established during the December 8, 2009 retreat. Primary areas of focus in 2010 are: 1. Guest relations & customer service 2. Economic vitality 3. Budget & capital management 4. Master planning 5. Transportation & parking 6. Work force housing 7. Environmental stewardship Tjossem said there needed to be more action items and tactics for guest services. Daly said the list should be more specific. He emphasized the need for an outline of concrete steps. "I am not sure that this is going to drive the future of Vail." Foley asked for a Work Session to be scheduled to discuss where exactly the town wanted to focus its efforts. Cleveland said he felt the areas of focus remained too broad. Rogers said she would like more of a community discussion. Foley said the community meeting was March 9 and that would be good opportunity to get community input. During a pause for public comment, Vail Homeowner's Association representative Jim Lamont said only winter recreation would improve the local economy. "All energy needs to be put into generating the largest amount of destination guests through the next two winters." Zemler said staff would return to Council for a follow -up discussion. The fourth item on the agenda was a Mountain Travel Market Update. Ralf Garrison provided an update on economic /market conditions in the mountain resort industry. Garrison, an analyst with the Mountain Travel Research Program, told Council members that lodging reservations had improved compared to 2008 -09, although at an expense. Garrison explained lodges are dropping rates to increase occupancy. He reported occupancy in Vail hotels the winter of 2009 -10 were up 5.1 percent over 2008 -09 at the close of January. Garrison stated consumer confidence, looking ahead about six months, is up. "Our consumers are more optimistic about the future than they are about the present," Garrison said. He also noted there is evidence that Vail, along with other resort markets, is helping to create last- minute booking behaviors. The industry has determined guests are booking later, thus rearranging marketing strategies to capture that new behavior. Garrison was skeptical last- minute booking is as big of a market trend as lodge operators believe. "There's a \n 3/2/2010 \n 2 modest change in this year versus last year... Maybe the shift is not coming as much from the marketplace as much as it is from our own self - fulfilling prophecy." Garrison suggested offering something other than lower rates at lodging properties to get people to come to town. That solution aligns with the town's focus on bringing more special events to town. Tjossem mentioned other resort towns are improving occupany, so there is an opportunity for Vail to turn the corner. Vail Homeowners Association representative Jim Lamont questioned whether encouraging signs of higher occupancies combined with lower rates is good for business in the future. Lamont said once discounting has become a normal behavior, it "prolongs the economic recovery because then the consumer expects discounting to continue." Garrison agreed the scenario is a potentially negative side effect of enjoying the higher occupancies at the expense of rates. Vail Chamber & Business Association representative Rich tenBraak thanked Council for supporting the MTrip reports and said they were very valuable. Daly clarified Vail was number three in average summer occupancy rates. The fifth item on the agenda was a request to proceed through the development review process with a proposal to construct private improvements on the Town of Vail owned Gore Creek public stream tract, generally located adjacent to the Mountain Haus at 292 East Meadow Drive. Staff reported that the applicant, Mountain Haus, has requested permission to proceed through the development review process with a proposal to construct a laundry vent pipe and associated culvert on the town owned Gore Creek public stream tract. The applicant can not proceed with these development applications without first obtaining Council's joint property owner authorization for the proposed construction on the town owned parcel. Foley said he was disappointed there was no site visit. He then encouraged approving the request and allowing the PEC to review it. Mountain Haus representative Steve Hawkins spoke in support of the request. Rogers moved to approve the request with Foley seconding. Newbury said she wanted to stay consistent with the town's goal of preserving riparian areas. "I don't think we need to make special circumstances for certain properties." Cleveland said he had serious concerns about a potential steam plume being emitted in a riparian area. Local hotelier Rob Levine encouraged Council to allow the applicant to proceed through the process at his own peril. VCBA representative Rich tenBraak and Rich Self spoke in support of Council allowing the applicant to proceed. The motion failed, 3 -4 with Tjossem, Foley and Rogers voting in support. The sixth item on the agenda was the First reading of Ordinance No. 3, Series of 2010, an ordinance amending Section 14 -10 -5, Building Materials and Design, Vail Town Code, pursuant to Section 14 -1 -3, Administration of Standards, to allow for changes to the solar panel regulations. On January 25, 2010, the PEC forwarded a recommendation of approval, with modifications, for changes to both the LionsHead Redevelopment Master Plan \n 3/2/2010 \n 3 and the Development Standards of the Vail Town Code. The modifications, which are reflected in the proposed language in the ordinance and resolution, are as follows: The definition of solar panel was proposed to be revised to be more specific to solar panels and not the broader definition of solar collectors. The phrase "and shall not exceed the height of adjacent roof ridges" was proposed to be stricken from the suggested language. Planner Rachel Friede explained that today's regulations do not meet the need for alternative energy or photovoltaic aesthetics. Daly said he did not want solar panels to dramatically impact the heights of buildings. Donovan expressed concern that solar panels could not be aesthetically modified in any way and maintain their warranty. Local hotelier Rob Levine said lowering the amount would probably kill the project. Environmental Sustainability Coordinator Kristen Bertuglia said to restrict the number of panels or the size of the array would limit the potential solar arrays return on investment (ROI). Vail Homeowner's Association representative Jim Lamont said Council should pay close attention to reflectivity. "We need to be cautious with how we redevelop these buildings." Daly moved to approve the ordinance with the amendment that maximum allowable roof height not exceed two additional feet with Foley seconding. The motion failed 3 -4, with Foley, Donovan, and Daly voting in favor. Rogers then moved to approve the ordinance with Tjossem seconding. The motion passed 4 -3, with Cleveland, Newbury, Donovan and Foley opposed. Daly asked for renderings of the potential impacts of solar arrays on lift lines. Levine said if the town wanted to improve the environment there would have to be aesthetic tradeoffs. The seventh item on the agenda was Resolution No. 3, Series of 2010, a resolution approving the second amendment to the Core Site Employee Housing between the Town of Vail and the Vail Corporation, d /b /a Vail Associates, Inc. The town and the Vail Corporation d /b /a Vail Associates, Inc. (VAI) are parties to a certain Core Site Employee Housing Agreement dated as of December 18, 2007, and as modified by the Amendment to Core Site Employee Housing Agreement dated as of March 26, 2009. The Employee Housing Agreement establishes requirements for the posting of a Letter of Credit by VAI. VAI has proposed to modify the requirements under the Employee Housing Agreement governing the amount of the Letter of Credit in the manner provided in the Second Amendment to Core Site Employee Housing Agreement for the Council's consideration. Rogers expressed concern Vail Resorts had owed employee housing for over two years. "Pulling a building permit is not a guarantee you will have a project... I'm not willing to allow the risk of another disappointment." Cleveland said he wanted to make the sure the project once started would be completed. During a pause for public comment, Michael Cacioppo said he believed Vail Resorts received too much special consideration. Rogers moved to deny the resolution with Foley seconding. The motion failed 2 -5 with Foley and Rogers voting in favor. Daly then moved to approve the resolution with Donovan seconding. The motion passed 4 -3 with Foley, Rogers and Cleveland opposed. \n 3/2/2010 \n 4 The eighth item on the agenda was Resolution #6, Series of 2010, a resolution of the Town of Vail allowing for a one time, eighteen month, administrative extension to the lapse of approval for certain approved development plan approvals. On February 2, 2010, Council instructed staff to prepare a resolution for the Council's consideration that allows for an extension to the approval periods for four specific development plan approvals. The four projects affected by this resolution are Cascade Residences, Cornerstone Residences, Strata and Timberline Roost Lodge. In instructing staff to prepare the resolution, Council concluded the current state of the economy and the present circumstances within the financial markets making the ability to obtain construction financing difficult, or nearly impossible, warrants the need for this resolution and the 18 month extension. Rogers moved to approve the resolution with Daly seconding. Cleveland said he was not comfortable with granting an 18 month extension. The motion passed 6 -1, with Cleveland opposed. The ninth item on the agenda was Adjournment. Foley moved to adjourn with Newbury seconding at approximately 8:40 p.m. The motion passed unanimously, 7 -0. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk \n 3/2/2010 \n 5 F VAIL VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: March 2, 2010 ITEM /TOPIC: To proceed with the procurement of (6) 40' low -floor traditional buses. PRESENTER(S): Todd Scholl, Fleet Manager ACTION REQUESTED OF COUNCIL: Approve request to purchase BACKGROUND: In January 2010, the Town of Vail entered into an inter - governmental agreement with RFTA (Roaring Fork Transit Authority) to "piggy- back" on their contract with Gillig Buses. Town staff is requesting Council's approval to proceed with the purchase of (6) 40' low -floor buses per this agreement at a cost of $369,185 per bus. STAFF RECOMMENDATION: Approve request ATTACHMENTS: Bus procurement memo \n 3/2/2010 \n Memorandum To: Stan Zemler From: Todd Scholl, Fleet Manager Date: February 17, 2010 Re: Bus Procurement Per the January, 2010 inter - governmental agreement between RFTA (Roaring Fork Transportation Authority) and the Town, I am requesting that we proceed with the purchase of (6) six 40' low -floor buses. These buses will replace (6) six 1998 35' Orion high -floor buses that the Town currently utilizes on the outlying routes. The new buses have several advantages: 1. Reduced emissions - The engines must meet the new 2010 federal standards that reduce NOx and particulate matter significantly, NOx is a significant contributor to smog, and particulate matter is the black smoke that you see coming out of the buses being replaced. The new buses will not smoke at all. 2. More capacity - The new buses will be 40'x 102" where the older buses are 35' x 96 ". Capacity on the East and West Vail routes has become more of an issue lately requiring us to utilize more buses to meet service demand. 3. Low Floor design - The low floor design is easier for the elderly, children, and the physically challenged to enter and exit the bus. The price agreement with Gillig is $369,185 per bus. In addition, the entire procurement requires budget money for a resident inspector, travel to the plant, by -pass oil filter to extend oil change intervals, in- service prep work done by the Town Fleet staff, and spare parts. Total cost of the procurement is $2,283,214. To meet the procurement cost, there is $2,199,600 budgeted in the 2010 bus replacement account. This will also require a re- appropriation of $83,614 from the $150,426 balance left in the 2009 bus replacement account. Because there is an 18 -month lead time from Gillig to manufacture the buses, the Town of Vail will not take delivery until the summer of 2011. It is my recommendation to move forward with the purchase of the (6) six Gillig buses as outlined in the inter - governmental agreement and fund the purchase with budgeted and re- appropriated funds. \n 3/2/2010 \n 4 -1 -1 \n 'OWN OF VAM . VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: March 2, 2010 ITEM /TOPIC: First reading of Ordinance No. 4, Series of 2010, An Ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, and Real Estate Transfer Tax Fund of the 2010 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): Judy Camp ACTION REQUESTED OF COUNCIL: Approve or approve with amendments the first reading of Ordinance No. 4, Series of 2010. BACKGROUND: To be provided in a separate memo. STAFF RECOMMENDATION: Staff recommends that the Town Council approves or approves with amendments Ordinance No. 4, Series of 2010, upon first reading. ATTACHMENTS: 1st Suppl of 2010 \n 3/2/2010 \n MEMORANDUM To: Town Council From: Stan Zemler, Kathleen Halloran, Judy Camp Date: February 25, 2010 Subject: 2009 Year -End Financial Report and 2010 Amended Budget Proposal Preliminary 2009 Year -End Financial Report The Town of Vail began to feel the impact of the nationwide recession in the fall of 2008, a year later than most of the country. This followed four years of increasing revenue and favorable economic conditions largely as a result of major redevelopment activity throughout the town. Town Council and staff responded to the economic downturn by revising revenue estimates and reducing or deferring expenditures accordingly. Although final year -end financial statements will not be issued until early June when our annual audit is complete, our preliminary year -end information indicates this strategy was successful. The town will complete the year with a surplus in the General Fund and no use of the reserves accumulated during redevelopment. Please note all information in this report is preliminary and subject to any final adjustments identified during the year -end reconciliation process and annual audit. Sales Tax Current year sales tax of $16.9 million, the town's largest single source of revenue, exceeded budget by $.3 million or 1.8% while lagging last year by 13.8 %. Sales tax revenue is split between the General Fund and Capital Projects Fund. Per the procedure we have followed in prior years, the attached statements show the budgeted amount of $9,670,000 directed to the General Fund and the remainder, including any favorable variance, to the Capital Projects Fund. The resulting split presented here is 57% to the General Fund and 43% to Capital Projects compared with 59% General Fund and 41 % Capital Projects Fund budgeted. General Fund As shown on the attached Summary of Revenue, Expenditures, and Changes in Fund Balance, total General Fund revenue exceeded expenditures (including the investment in the Employee Home Ownership Program (EHOP)) by $0.9 million, while the amended budget anticipated use of $0.7 million of the $3.2 million surplus attributed to 2008. The resulting variance is $1.5 million favorable to the General Fund balance as compared with the 2009 amended budget. General Fund revenue of $28.6 million was essentially on budget with shortfalls in parking revenue ($484K), franchise fees ($114K), ski lift tax ($67K), and rental revenue ($25K) mostly offset by other revenue sources including property and ownership tax favorable by $213K and licenses and permits favorable by $106K. During the year, the General Fund expenditures budget was reduced by $1.9 million. By year- end, actual operating expenditures of $27.5 million are expected to be favorable to the amended budget by an additional $1.7 million. Compared with 2008, General Fund operating expenditures have been reduced by $2.2 million or 7.3 %. The estimated savings compared with the amended budget includes: $200K for planning expenses reimbursable from developers; $140K for planning projects; $170K for utility charges; and $130K for snowmelt and loading and delivery charges; $127K in human \n - 1 - 3/2/2010 \n 5 -1 -1 \n resources department costs including recruiting and contract labor; approximately $100K savings in snow removal costs (cinders, heavy equipment charges, chemicals) due to lower than average snowfall amounts and favorable fuel prices; $80K in transit operations, again due to lower fuel pricing which netted savings town -wide; $100K in Public Works from deferred maintenance and purchases; and various other reductions throughout all departments. For Council Consideration Based on the preliminary results shown on the attached statement, 2009 revenue will exceed 2009 annual expenditures (excluding the EHOP investment) by $1.1 million. As mentioned above, this presentation assumes the sales tax revenue directed to the General Fund is exactly equal to the sales tax budgeted. An alternative treatment would be to direct an additional $1.0 million of sales tax to the Capital Projects Fund. This would result in a sales tax split for the year of 52% General Fund and 48% Capital Projects Fund and a General Fund balance of $22.9 million or 83% of annual revenue. A small surplus will remain on an annual basis for 2009 in the General Fund and $1.0 million more funding will be available for the town's capital needs as we go into our long -term capital needs assessment process. Staff recommendation: Direct an additional $1 million of 2009 sales tax revenue to the Capital Projects Fund. Capital Protects Fund Capital Projects Fund revenue for 2009 is expected to exceed this year's expenditures by $1.2 million, increasing the year -end fund balance to $10.5 million. Revenue is expected to be $353K favorable due to sales tax, project reimbursements, and earnings on investments. The favorable variance in investment earnings is due to the higher than expected fund balance carried throughout the year, not an increase in interest rates. Federal grant revenue of $120,834 for the LionsHead transit center awarded in 2009 has not yet been received and will be recorded in 2010. The shortfall in housing fee -in -lieu is related to the Ramshorn, which was budgeted in 2009, but received in 2010. Project expenditures of $5.1 million are $4.6 million less than budget. Of that amount, $2.1 million represents funding for projects underway but not completed and $925,000 is the required appropriation to guarantee Timber Ridge debt payments. Re- appropriation of these funds is requested in Ordinance No. 4. Staff will also ask to redirect $0.7 million of savings on projects budgeted for 2009 to related projects in 2010 and to fund $67,000 in newly identified projects. Approximately $0.8 million of savings will remain in the Capital Projects Fund balance if the supplemental appropriation is approved as submitted. (See below.) Real Estate Transfer Tax (RETT) Fund Revenue in the fund will exceed the 2009 budget by $387K primarily as a result of unbudgeted transactions with Vail Recreation District (VRD). The town loaned the VRD $1.6 million for their half of the new irrigation system. However, the actual project cost came in lower than budget allowing VRD to reduce the amount of the loan by $315,000. We also received unbudgeted reimbursements on shared projects with VRD. Real estate transfer tax of $2,460,549 was exceeded budget by $40,549 or 1.7% Expenditures were lower than budget by $4.4 million. Of that amount, $2.8 million is related to projects or programs underway but not yet completed and will be requested for re- appropriation. Staff will also ask to redirect $141,500 of savings from 2009 projects to related projects in 2010. Approximately $1.4 million of 2009 savings will remain in the RETT Fund balance if the supplemental appropriation is approved as presented. \n -2- 3/2/2010 \n 5 -1 -2 \n 2010 Amended Budget and Supplemental Appropriation General Fund Various adjustments to the 2010 budget are requested primarily to recognize grants and reimbursements and the related expenditures. No increase in net expenditures is being requested. Two items relate to the EverVail project - $20K for legal and $100K for planning and review, both of which will be reimbursed by Vail Resorts as required by the zoning code. $30K is requested to fund a fire inspector for part of the year to complete inspections on Solaris and the Ritz. The developers have agreed to fund this expenditure. The library is proposing a self -check system (similar to grocery self- checkouts) to improve customer service especially at busy times. Funding for this project is available from contributions made in prior years from the Friends of the Library program and other donors. These funds are recorded on the balance sheet as deferred revenue and released to revenue when they are used for their intended purpose. $90,000 is shown in miscellaneous revenue and as a transfer to the Capital Projects Fund for this project. There is no net impact on the General Fund. Capital Projects Fund The federal grant awarded for the Lionshead transit center is recognized as both revenue and a transfer to the Vail Reinvestment Authority who will be responsible for construction of the project. Also included in revenue adjustments are $444,000 in reimbursements from developers for streetscape work and $200,000 from Eagle County for the 1 -70 fiber optic project. Although the project was completed in a prior year, the county disputed payment and a final agreement was not reached until 2010. The funds for this project have now been received from Eagle County. Expenditure adjustments are detailed in the attached spreadsheet and generally fall into three categories: — Projects originally budgeted in 2009, which are underway but not complete. In several cases, less than the full amount of the remaining 2009 budget is requested for re- appropriation in 2010 as noted below — Requests to re- appropriate unspent 2009 funds to a new and /or related project — Newly identified projects Projects in the first category, those which are underway, include $925,000 for Timber Ridge debt service guarantee (appropriation required by US Bank in case Timber Ridge is unable to pay) plus the following capital projects which total $2.1 million: Creekside housing improvements; audio visual for Council chambers; document imaging; computer hardware; geographic information system (GIS) ($15,700 of the remaining $31,101 is requested); Community Development permit software; West Meadow Drive streetscape ($64,369 of remaining $80,669 is requested); Village streetscape; neighborhood road reconstruction; neighborhood bridge reconstruction; bus replacement ($83,614 of remaining $150,226 is requested); West Vail fire station; Arosa Drive duplex; variable messaging signs; Manor Vail street plan; traffic impact fee study; and Timber Ridge legal and zoning. \n -3 - 3/2/2010 \n 5 -1 -3 \n Requests to re- appropriate unspent 2009 funds to a new or related project total $697,500 and include the following: — Facilities - $600,000 to move forward with study of aging facilities and prioritization of improvements as well as addressing deferred maintenance when studies are complete; reallocated from parking structure capital maintenance and facilities capital maintenance — Creekside housing - $49,500 to address plumbing, electrical, and now asbestos issues; reallocated from 2009 building remodels — Computer hardware - $48,000 for two computer system back -up appliances; reallocated from 2009 savings in website and e- commerce, data center, and computer hardware New projects include: — Library self- scanning system - $90,000 funded from donations as described under General Fund — Chamonix area planning - $50,000 for next steps — Vail Village Inn office condo - $17,000 assessment from property owners' association for new roof Real Estate Transfer Tax Fund Revenue is adjusted to reflect a reduction in the principal balance of the loan to the Vail Recreation District (VRD) for the irrigation system as described above. The amended budget of $257,000 is the new principal payment to be received from VRD in 2010. Other revenue adjustments, totaling a $35,000 increase, are detailed in the attached spreadsheet. Requests to re- appropriate expenditures for projects underway, but not yet complete, total $2.8 million and include the following: recreation path capital maintenance ($20,000 of remaining $70,181 is requested to complete sewer plant bike path); tree maintenance; Timber Ridge to Roost path ($15,000 of remaining $226,494 is requested); ADA compliance ($15,000 of remaining $39,780 is requested); greenhouse ($5,000 of remaining $19,835 is requested); frontage road bike lanes /trails; Ford Park master plan; Seibert Circle; raw water irrigation; kayak take -out; stream track survey; Red Sandstone Park; public art programs; landscaped medians; environmental sustainability programs; and VRD- managed assets. Requests to reallocate 2009 unspent funds to new and /or related projects include: — Stephen's Park - $60,000 reallocated from 2009 savings in Black Gore Creek Sand Mitigation /Eagle River Watershed; additional $6,000 is funded from grant included in revenue — Waterline relocation - $81,500 funded from 2009 savings in Black Gore Creek Sand Mitigation /Eagle River Watershed; additional $20,000 reimbursed by neighbors and Eagle River Water and Sanitation District None of the requested supplemental expenditures in the RETT fund fall into the category of newly identified projects. Heavy Equipment Fund and Dispatch Service Fund Both of these funds are requesting re- appropriation of capital items budgeted in 2009. In Dispatch, $73,000 is requested to complete replacement of the voice logger system, which has already been reimbursed by the E -911 Authority Board. The Heavy Equipment Fund re- appropriation of $230,000 for purchase of a sweeper budgeted and ordered in 2009 to be received in 2010. \n -4- 3/2/2010 \n 5 -1 -4 \n TOWN OF VAIL 2010 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE GENERALFUND Revenue Local Taxes: Sales Tax Split b/t Gen'I Fund & Capital Fund Sales Tax Property and Ownership Ski Lift Tax Franchise Fees, Penalties, and Other Taxes Licenses & Permits Intergovernmental Revenue Transportation Centers Charges for Services Fines & Forfeitures Earnings on Investments Rental Revenue Miscellaneous and Project Reimbursements Total Revenue Expenditures by Type: Municipal Services: Town Officials Administrative Services & Risk Management Community Development & Housing Police Police Communications Fire Public Works & Streets Transportation & Parking Facilities Library Economic Development Total Expenditures 2009 2008 Amended 2009 Variance 2010 1st 2010 Actual Budget Preliminary Fav / (Unfav) Budget Supplemental Amended Comments $ 16,600,000 $ 16,990,873 $ 59/41 59141 57143 $ 11,640,000 $ 9,760,000 $ 9,760,000 $ 4,309,622 4,293,500 4,506,491 3,277,703 3,115,000 3,048,011 1,075,209 1,049,935 935,581 3,903,026 1,335,200 1,440,973 1,706,197 1,581,680 1,611,570 4,816,505 5,459,744 4,975,795 1,000,733 686,788 717,811 396,707 260,000 329,640 571,073 115,000 169,738 949,961 906,382 881,804 163,025 180,500 245,626 390,873 $ 16,600,000 61139 - $ 10,126,000 212,991 5,013,647 (66,989) 3,115,000 (114,354) 1,056,126 105,773 732,200 29,890 1,544,000 (483,949) 5,432,744 31,023 724,775 69,640 260,000 54,738 115,000 (24,578) 882,796 65,126 92,800 3,000 245,000 $ 16,600,000 33,809,761 28,743,729 28,623,040 (120,689) 29,095,088 248,000 29,343,088 1,224,007 1,261,297 1,157,606 103,691 1,234,126 20,000 1,254,126 $20K EverVail legal 3,164,384 3,234,825 2,980,253 254,572 3,350,484 3,350,484 3,327,400 2,405,353 1,835,231 570,122 1,847,525 100,000 1,947,525 $100K EverVail review 4,511,846 4,772,217 4,556,805 215,412 4,587,116 3,000 4,590,116 Drug task force expenses (see revenue) 535,657 543,072 539,763 3,309 522,213 522,213 2,577,087 2,735,009 2,752,628 (17,619) 2,869,190 30,000 2,899,190 $30K Maintain fire inspector staffing thru June (see revenue) 3,717,159 3,552,133 3,398,994 153,139 3,649,854 3,649,854 4,780,515 4,629,449 4,550,149 79,300 4,701,320 4,701,320 3,442,983 3,723,070 3,378,254 344,816 3,872,255 3,872,255 828,056 825,745 823,876 1,869 805,119 805,119 1,541,498 1,524,634 1,513,323 11,311 1,415,886 1,415,886 29,650,592 29,206,804 27,486,882 1,719,922 28,855,088 153,000 29,008,088 Revenue Over (Under) Expenditures 4,159,169 (463,075) 1,136,158 1,599,233 240,000 95,000 335,000 Transfer to Capital Projects Fund Winter Economic Marketing Campaign Investment in Employee Home Ownership Program Net Change in Fund Balance 3,168,169 (713,075) 886,158 1,599,233 (3,659,000) 5,000 (3,654,000) Beginning Fund Balance (441,000) (3,659,000) (90,000) (3,749,000) $90K transfer to Capital for self -check system implementation; $3.6 M for West Vail Fire station (550,000) (250,000) (250,000) (240,000) (240,000) 19,834,717 23,002,886 23,002,886 22,289,811 1,599,233 23,889,044 Ending Fund Balance $ 23,002,886 $ 22,289,811 $ 23,889,044 $ 18,630,811 \n 3/2/2010 \n %age of Fund Balance to Annual Revenue 68.0% 77.5% 83.5% 64.0% 69.0% 10,126,000 5,013,647 3,115,000 1,056,126 732,200 1,547,000 Drug task force reimbursement 5,432,744 724,775 260,000 115,000 882,796 $100K reimbursement for EverVail review; $30K fire inspection fees from Solaris and Ritz; $20K 337,800 reimbursement for EverVail legal fees; $90K Library donations and $5K refund from County for regional training center 5 - 1 - 5 \n 5 TOWN OF VAIL 2010 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND 2009 2009 Variance 2010 1st 2010 2011 Amended Preliminary Fav / (Unfav) Budget Supplemental Amended Forecast Comments Revenue Total Sales Tax Revenue: $ 16,600,000 $ 16,990,873 $ 390,873 $ 16,600,000 $ 16,600,000 $ 17,430,000 Sales Tax Split b/t Gen'I Fund & Capital Fund 59141 58142 61139 61139 Sales Tax - Capital Projects Fund $ 6,840,000 $ 7,230,873 $ 390,873 $ 6,474,000 $ 6,474,000 $ 6,800,000 Use Tax 700,000 713,582 13,582 500,000 500,000 500,000 Federal Grant Revenue 120,834 (120,834) 2,508,015 2,520,485 5,028,500 1,428,000 Transit center grant:$5.OM in '10; Also in 2010: $28.5K for Police Live Scan interface software ; 2011: $828K for bridge reconstruction, $600K buses Other State Revenue - 24,000 24,000 - - - - Lease Revenue 188,550 201,450 12,900 184,500 184,500 184,500 Per Vail Commons commercial & residential leases Employee Housing Fee -In -Lieu 186,000 72,425 (113,575) - - - Project Reimbursement 187,000 246,858 59,858 - 644,000 644,000 - $444K for Reimbursement for streetscape work done in 2009 during redevelopment projects: ($275K from Solaris and $169K from Four Seasons); $200K reimbursement from Eagle County for a portion of the I- 70 Fiber Optic installation Sale of Arosa Duplex / CGOL loan repayment - - 775,000 775,000 5,000 Earnings on Investments and Other 18,750 104,605 85,855 18,000 18,000 - Total Revenue 8,241,134 8,593,793 352,659 10,459,515 3,164,485 13,624,000 8,917,500 Expenditures Capital Maintenance Expenditures Bus Shelters 27,000 21,085 5,915 27,000 27,000 27,900 Annual maintenance oftown bus shelters Parking Structures 540,000 353,030 186,970 486,000 - 486,000 819,000 2010 includes repair of ventilation, fire system, painting & rust control, concrete and joints Facilities 679,500 263,423 416,077 473,000 600,000 1,073,000 450,000 Re- appropriate '09 funds and utilize savings from parking structure projects to first study aging facilities and prioritize significant improvements; Address deferred maintenance once study complete; $17K Library tap fee Building Remodels 49,500 - 49,500 - - - 54,900 Transfer 2009 funds to Creekside Housing to address continued issues of plumbing, electrical and now asbestos Creekside Housing Improvements 54,000 46,918 7,082 54,000 56,582 110,582 54,000 Utilize savings from Building Remodels to address continued issues of plumbing, electrical and now asbestos inside units Vail Village Inn Condo Roof (TOV Portion) 17,000 17,000 TOV's portion of special assessment for new roof on VVI Plaza condo building Street Light Improvements 67,500 65,765 1,735 67,500 - 67,500 67,500 New street lights and refurbish residential lighting Capital Street Maintenance 1,337,087 1,335,959 1,128 730,000 730,000 1,153,500 On -going maintenance to roads and bridges including asphalt overlays, patching and repairs Flammable storage / Mag Chloride containment 16,560 16,560 - - Secondary containment around Mag tank / remove glycol tank to meet containment requirements; This is a compliance issue. Fire Truck Rebuild / Refurbish - - - - - - 570,000 2011: new fire truck for W Vail station Audio Visual (Council video,Security, PD car video) 61,150 35,271 25,879 8,000 25,879 33,879 - 09 re- appropriate for Council chamber for fixed cameras and potential technology equipment for Council; '10 police car cameras Document Imaging 154,699 134,107 20,592 110,000 20,592 130,592 110,000 09 reappropriation to continue historical scanning; Annual maintenance, scanning, licensing and contract position thru 2011 Software Licensing 20,200 12,382 7,818 37,000 - 37,000 15,000 Upgrade Microsoft products on all equipment, replacement PC's, server upgrades, AS400. These upgrades occur every 3 -5 years on a rotation schedule Hardware Purchases 84,380 68,221 16,159 45,000 48,000 93,000 65,000 09 re- appropriate for purchase of two backup appliances - utilize savings from Data Center and Website unspent 2009 funds to help cover Data Center (Computer Rooms) 47,500 33,598 13,902 15,000 - 15,000 17,000 Fire suppression in computer rooms; maintenance, security and power systems for 3 rooms Website and e- commerce 28,50 - 28,500 12,000 12,000 27,000 Internet security & application interfaces; website redevelopment 5-1 - 6 \n -6- TOWN OF VAIL 2010 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND 2009 2009 Variance 2010 1st 2010 2011 Amended Preliminary Fav / (Unfav) Budget Supplemental Amended Forecast Comments Comm Dev ArcGIS System 52,000 20,899 31,101 10,000 15,700 25,700 - To complete project relating to web access to the town's GIS information; includes purchase of "base data" from Eagle County and consulting services to develop applications for the system Fiber Optics in Buildings 15,000 7,273 7,727 21,000 - 21,000 17,000 Cabling / Network Infrastructure; to repair, maintain & upgrade Network upgrades 18,300 16,014 2,286 30,000 30,000 21,000 Computer network systems - replacement cycle every 3 -5 years Computer Aided Dispatch (CAD) / RMS Project 51 41,769 9,881 55,000 - 55,000 57,000 County -wide "Computer Aided Dispatch /Records Mgmt System" Comm Dev Interactive Permit software 25,000 - 25,000 200,000 25,000 225,000 _ Upgrade of Permit Plus software; $25K re- appropriate for consultant to identify system requirements, etc. Live Scan Interface software (Police) - - - 28,500 - 28,500 Funded by grant above; Links our Live Scan software to other agencies Library Self -Check System 90,000 90,000 Funded by Library donations collected over the years Vehicle Expansion 34,730 34,730 - - - - 2009 continued set up of Police Volvos $16K; Forklift for PW $18K Maintenance Paid for by Capital Fund 3,364,256 2,507,004 857,252 2,409,000 898,753 3,307,753 3,525,800 Capital Replacement Expenditures West Meadow Drive 600,683 520,014 80,669 - 64,389 64,389 - Completion of projects such as streetscape work near Four Seasons Village Streetscape 764,706 312,317 452,389 300,000 452,389 752,389 - Future work includes Covered Bridge (heat and /or safety) for $150K; Finish Vail Valley Drive to Gold Peak $150K; Replace newspaper boxes $100K; Solaris streetscape completion Neighborhood Road Reconstruction 200,000 20,531 179,469 1,100,000 179,469 1,279,469 1,800,000 Overhaul residential streets (Mill Creek Circle); Construction split between 2010 and 11 Neighborhood Bridge Reconstruction 150,000 - 150,000 - 150,000 150,000 1,050,000 Overhaul residential bridges (Matterhorn Bridge) - 2010 design with construction in 2011; Delayed design to coincide with CDOT "s matching grant schedule Fire Breathing Apparatus 180,000 180,043 (43) - Replacement of all (30) cylinders /compressors; Older model currently used not effective or safe Parking Entry System / Equipment 145,000 118,388 26,612 Metered lots; equipment obsolete and not servicable by vendor Office Equipment > $5,000 9,000 - 9,000 Generator - Municipal Building / Dispatch 20,124 19,960 164 2009: work finished up in 2009 / balance due on a contract Replace Buses 173,400 23,174 150,226 2,199,600 83,614 2,283,214 1,203,400 $30K for spare parts on new hybrid buses - stocking parts reduces downtime when buses need servicing; Remainder will go for new buses in 2010 (6 regular buses); 2011 2 Hybrid buses Replacement Paid for by Capital Fund 2,242,913 1,194,427 1,048,486 3,599,600 929,861 4,529,461 4,053,400 Property Tax Increment - Reserved 441,000 - 441,000 - - Use in 2010 toward construction of the West Vail Fire Station Other Improvements West Vail Fire Station - Planning / Design 300,000 102,548 197,452 2,800,000 197,452 2,997,452 2,800,000 Continue planning and design process; Construction in 2010/11 Arosa Drive - Duplex for Employee Housing 770,000 489,662 280,338 - 280,338 280,338 - Development project for deed - restricted housing - will carryover to 2010 Buy -down Program 500,000 261,882 238,118 314,000 238,118 552,118 500,000 Re- appropriate to help fund purchase of Red Sandstone parking lot Buy -down Program Funded by Pay -in -Lieu - - 186,000 - 186,000 _ Funding for the buy -down program from developers electing the employee housing pay -in -lieu option Variable Message Signs 190,973 62,320 128,653 65,000 128,653 193,653 130,000 Re- appropriate '09 funds for wayfinding signs installation (VV, Main Vail round about & Four Seasons; '10/11 Solaris 1 -70 Noise 300,000 18,320 281,680 251,639 30,041 281,680 751,639 $300K was allocated in 2009 for utility and drainage work to accomdate berm near Bald Mtn townhomes; project was delayed while obtaining approvals from CDOT and homeowners' agreement extension 1 -70 Fiber Optics 168,781 158,623 10,158 - - _ - 2009:Town has fiber optic connection to 1 -70 corridor for improved public safety communications Underground Utility improvements 156,000 147,221 8,779 Transfer of utility lines from above ground to underground; offset by $156K revenue above from Holy Cross 5 -1 -An -7- TOWN OF VAIL 2010 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND 2009 2009 Variance 2010 1st 2010 2011 Amended Preliminary Fav / (Unfav) Budget Supplemental Amended Forecast Comments Manor Vail Street Plan 83,800 - 83,800 83,800 83,800 Expenditure related to impact fee paid by Manor Vail development; Keep funds in budget due to developer agreement; intent is for streetscape in that neighborhood Chamonix Area Planning 30,000 20,265 9,735 50,000 50,000 Next phase of Chamonix area planning / engineering LH Parking Structure Redevelopment 5,000 3,460 1,540 _ - Final expenditures regarding this RFP; offset by reimbursement in revenue above Fire Impact Fee Nexus study 15,000 15,000 - - - Nexus study to determine redevelopment impact on Fire Department; Potential revenue source Traffic Impact Fee study 30,000 8,355 21,645 21,645 21,645 Re-appropriate '09 funds to prepare Exaction ordinance Timber Ridge Legal /Zoning 100,000 51,220 48,780 48,780 48,780 To continue negotiations; This will be considered a loan to Timber Ridge Affordable Housing Corp. Timber Ridge Debt Service Guarantee 925,000 - 925,000 925,000 925,000 Annual debt service guarantee - a requirement of TR debt LionsHead Improvements 34,000 34,000 - - - This is offset by contributions from Vail Resorts and CDOT and covers completion of the transportation study (currently underway) S.Frontage Road Relocation 20,000 20,000 - - Study of the Frontage Rd relocation (EverVail) - reimbursed from Vail Resorts above Bio -Mass Study 50,000 - 50,000 - - Will re- submit when a project is more clearly identified Total Other Improvements 3,678,554 1,392,876 2,285,678 3,616,639 2,003,827 5,620,466 4,181,639 Total Capital before Financing 9,726,723 5,094,307 4,632,416 9,625,239 3,832,441 13,457,680 11,760,839 Debt Service and Financing Debt Service on Outstanding Bonds 2,298,121 2,289,492 8,629 2,273,959 - 2,273,959 2,279,572 Transfer to Vail Reinvestment Authority 120,834 120,834 2,479,515 2,520,485 5,000,000 390,000 Transfer federal grant money to VRA; VRA covering all expenditures for the transit center project; $390K transfer from collected traffic impact fees due to VRA Transfer from Dispatch Fund - - Transfer from General Fund - (90,000) (90,000) - Transfer of Library grant dollars for use toward new self -check system Total Debt Service and Financing: 2,418,955 2,289,492 129,463 4,753,474 2,430,485 7,183,959 2,669,572 Total Expenditures 12,145,678 7,383,799 4,761,879 14,378,713 6,262,926 20,641,639 14,430,411 Revenue Over (Under) Expenditures (3,904,544) 1,209,994 5,114,538 (3,919,198) (3,098,441) (7,017,639) (5,512,911) Transfer from General Fund (3,659,000) (3,659,000) Transfer of General Fund fund balance for West Vail Fire Station construction Beginning Fund Balance 9,248,869 9,248,869 5,344,325 5,114,538 10,458,863 7,100,224 Ending Fund Balance 5,344,325 10,458,863 5,084,127 7,100,224 1,587,313 \n 3/2/2010 \n 5-1 - 8 \n -8- TOWN OF VAIL 2010 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX 2009 2009 Variance 2010 1st 2010 2011 Amended Preliminary Fav / (Unfav) Budget Supplemental Amended Forecast Comments REVENUE Real Estate Transfer Tax $ 2,420,000 $ 2,460,549 $ 40,549 $ 4,283,000 $ 4,283,000 $ 3,561,000 2010/2011: Ritz, Solaris and Four Seasons: assume 50% sold in each year at 80% of list price Federal Grants 157,458 157,628 170 - 9,000 9,000 2009: $149K federal grant for the Timber Ridge/ Buffehr Creek path; $81K Weed management grant; 2010 $31K grant from NWCOG for regional energy efficiency survey; $61K grant awarded for Stephen's park restoration Golf Course Lease 120,000 126,768 6,768 122,000 122,000 124,400 Annual lease payment from Vail Recreation District VRD repayment for promissory note 341,098 572,000 230,902 343,424 (86,424) 257,000 257,000 Original note based on $1.6 M loan at 3.5% over 5 years; Add'I repayment due to project savings of $315K; 2010 adjusted future loan repayment amount to reflect reduced principal Intergovenmental Revenue 20,000 22,958 2,958 20,000 20,000 20,000 Lottery proceeds Project Reimbursements 2,500 53,777 51,277 - 20,000 20,000 _ 2009:$29K reimb from VRD for $17K reimb from VRD for Youth Svcs elevator; 2010 $20K reimb from neighborhood ($10K) and ERWSD ($10K) forwaterline relocation project. Recreation Amenity Fees 72,000 72,308 308 10,000 10,000 10,000 Based on actual collections in 2009 Earnings on Investments and Other 81,250 136,151 54,901 40,402 6,000 46,402 15,879 $61K supplement for Winterfest donations; earnings rate of return for 2009 & 2010: Based on .5% return on prior year's fund balance; 2011 based on 1 % Total Revenue 3,214,306 3,602,139 387,833 4,818,826 (51,424) 4,767,402 3,988,279 Capital Maintenance Expenditures Annual Park and Landscape Maintenance 1,298,882 1,129,513 169,369 1,323,478 1,323,478 1,363,182 Ongoing path, park and open space maintenance, project mgmt; $75K reduction in expenses 2009 - 11 Management Fee to General Fund (5 %) 120,000 123,180 (3,180) 214,150 214,150 178,050 5% of RETT Collections - fee remitted to the General Fund for administration Rec. Path Capital Maint 193,540 123,359 70,181 150,000 20,000 170,000 104,745 Re-appropriate '09 funds for completion of sewer plant bike path work. Tree Maintenance 109,954 47,111 62,843 65,000 62,843 127,843 65,000 Re-appropriate '09 funds for continued pine beetle / pine needle scale / aspen scale treatment / spruce tree fertilization Forest Health Management 265,000 188,025 76,975 265,000 265,000 265,000 Pine beetle mitigation in conjunction w/ Forest Service Street Furniture Replacement 25,983 18,113 7,870 22,500 - 22,500 22,500 Additions and replacement of street furniture and to expand bike rack installations (at approx. $1,000 per bike rack) Park / Playground Capital Maintenance 110,000 92,399 17,601 115,000 115,000 90,000 Repair & maintenance of playgrounds, restrooms, etc. Bald Mountain Underpass Maintenance - - 200,000 200,000 Reconstruction of retaining wall that supports bike path through the underpass Alpine Garden Support 55,620 55,620 - 55,620 55,620 65,564 Annual support; Flat with 2009 Black Gore Creek Sand Mitigation 180,569 38,937 141,632 90,000 - 90,000 100,000 Annual support ofwater protection programs Total Capital Maintenance 2,359,548 1,816,257 543,291 2,500,748 82,843 2,583,591 2,254,041 Other Improvements Stephen's Park Sream Repairs 66,000 66,000 - Re -build waterfront area at Stephen's park due to erosion Waterline relocation 101,500 101,500 Relocate waterline to accept sand from Vail pass / Black Gore Creek and use for berming at Bald Mountain; funds from Black Gore Creek sand mitigation in 2009. Meadow Drive Streetscape 411,788 411,788 - - - 09 for West Meadow Drive (Library to Vail Road); ongoing costs under contract Katsos Ranch Bike Path 7,000 5,499 1,501 - - 09 for wetland re- vegetation - the last task in resurfacing rec path from Sunburst to E. Vail Timber Ridge- Buffehr Creek Rd separation 700,000 473,506 226,494 15,000 15,000 Path from TimberRidge to Roost; offset by Federal Grant of approx. $149K; Re- appropriate '09 funds to plant trees in spring to finish project. Lionshead to Meadow Dr 202,500 - 202,500 - Improvements to existing bike path along the stream - cancelled Trailhead Development/ Improvement 23,200 - 23,200 - - - 24,000 Improve trailheads; Continued need through 2012 (one trail per year) ADA Compliance 85,881 46,101 39,780 10,000 15,000 25,000 10,000 Shared costs with VRD - ADA access at recreational facilities Recreation Master Planning 6,415 5,406 1,009 - - _ - Concept and design of recreation asset improvements; 2008/09 the Vail Golf Course Clubhouse Streamwalk ADA & Safety improvements 1,033 1,033 - - - To cover a remaining engineering bill Greenhouse 250,000 230,165 19,835 5,000 5,000 Re-appropriate '09 funds to finish greenhouse irrigation in spring Frontage Road Bike Lanes /Trails 150,000 30,732 119,268 - 119,268 119,268 2,275,000 Construct widened 6' shoulders along all frontage roads; Re-appropriate '09 funds to finish design work on Blue Cow Chute to E. Vail ; construction was budgeted in 2010, but now pushed to 2011 Ford Park Master Plan 300,000 171,983 \n 128,017 200,000 128,017 328,017 3/2/2010 2,150,000 n Re-appropriate '09 funds for ongoing project design relative to master planning; Reduced 2010 from $3.3M to $200K for just the continuation of Ford Park master plan. 5 -1 -9 \n -9- TOWN OF VAIL 2010 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX 2009 2009 Variance 2010 1st 2010 2011 Amended Preliminary Fav / (Unfav) Budget Supplemental Amended Forecast Comments Ford Park Improvements 200,000 - 200,000 - 200,000 Use '09 funds for Ford Park restrooms to be constructed in 2011 Seibert Circle 212,696 194,922 17,774 17,774 17,774 _ Re-appropriate '09 funds for initial replacement part inventory, which was delayed; ongoing maintenance is budgeted within General Fund operations. Raw Water/ Irrigation Control 371,752 5,259 366,493 366,493 366,493 To reimburse Eagle River Water & San. for infrastructure out at golf course; Kayak Take -out 10,000 - 10,000 10,000 10,000 Kayak take -out area along stream (part of One Willow Bridge development agreement and must be accounted for separately) Stream Tract Encroachment Survey 64,881 50,800 14,081 - 14,081 14,081 Re-appropriate '09 funds for final bills and to complete project Red Sandstone Park - Per Safety plan 25,000 - 25,000 439,000 25,000 464,000 Reconstruction of playground per safety plan; 20 years old; in -house design currently underway and staff working on a plan to deal with parking and ADA requirements; $25K to finish design; Construction to be re- evaluated in June '10. Delayed due to parking lot discussions Booth Creek Playground - - - 15,000 Design in 2011; Construction in 2012 Booth Creek Park redevelopment - - - 50,000 Design in 2011; Construction in 2012 White Water Park 5,000 2,522 2,478 - - _ - 3rd hole / bladder system at Whitewater Park - last part of project is to program the water feature's system Public Art - General Programs / Art 215,156 27,188 187,968 80,000 141,816 221,816 80,000 To purchase sculptures, artwork, art programs and events; remainder is re- appropriated each year to accumulate enough funds for larger projects; Reduction relates to allocation to Winterfest now that it is accounted for separately Public Art - Morales relocation 125,000 - 125,000 164,728 164,728 Re- appropriating leftover from Meadow Drive project to put toward the Morales relocation ($39K) plus re- appropriation of 2009 funds $125K Public Art - Meadow Drive Entry 85,000 45,272 39,728 - - - See above comment Public Art - Winterfest - - - 63,446 63,446 Allocation from current year's appropriation in Public Art general projects of $57K plus $6K donations received in 2010 Public Art - Operating 84,359 80,458 3,901 85,157 - 85,157 87,712 AIPP salary and operating expenses related to RETT Landscape Medians 300,000 109,689 190,311 - 190,311 190,311 - Re-appropriate '09 funds for Frontage Rd medians, lighting (Four Seasons / Solaris); Will upgrade what those projects have approved by DRB in order to reduce future maintenance costs Public Restrooms - - - - - - 670,000 Tear down and rebuild (and enlarge) Ford Park restroom; Restrooms at W. Meadow Drive & Vail Road; Per 10/21 Mtg, pushed from '09 to'11 Environmental Sustainability 315,000 189,840 125,160 250,000 128,160 378,160 250,000 Environmental projects such as energy efficiency studies of municipal buildings, recycling programs, etc.; Additional $3K relates to grant money awarded from NWCOG for regional energy efficiency project Capital Paid for by RETT Funds: 4,151,661 2,082,163 2,069,498 1,064,157 1,571,594 2,635,751 5,811,712 VRD- Managed Facility Projects Recreation Enhancement Account 120,000 - 120,000 122,000 120,000 242,000 124,440 Reserve account for golf course improvements - funded by annual lease revenue Golf Course Irrigation - VRD's portion 1,607,522 1,600,000 7,522 - - - - Funds were loaned to VRD in 2009 with payback over 5 years Golf Course Irrigation 1,446,522 1,286,022 160,500 - 22,000 22,000 _ Replacement of irrigation system on golf course; 50% split with VRD; Reappropriate for final bill payment and landscaping Golf Course Clubhouse, Starter Shack, etc. 542,175 12,725 529,450 33,000 529,450 562,450 900,000 Re- appropriation of'09 funds for remodel of existing clubhouse Golf Course - Other Improvements 571,237 196,137 375,100 200,000 375,100 575,100 50,000 Re- appropriation of'09 funds for remodel of existing clubhouse Dobson Ice Arena 975,993 624,919 351,074 100,000 140,000 240,000 15,000 Re- appropriation of'09 funds for louver system upgrade on roof. Ford Park / Tennis Center Improvements 115,986 - 115,986 175,000 115,986 290,986 200,000 Refurbishing of Ford Park tennis courts, walkways & restroom roof per lease agreement; delayed due to park master planning Athletic Fields 18,280 - 18,280 - - - - 09 irrigation system Youth Services 164,983 97,907 67,076 25,000 25,000 09 ADA access and furnaces Gymnastics Center 27,621 - 27,621 25,000 25,000 09 retaining walls; '10 mechanical improvements Nature Center - 10,000 - 10,000 10 wood open rail fencing Total VRD- Managed Facility Projects 5,590,319 3,817,710 1,772,609 690,000 1,302,536 1,992,536 1,289,440 Total Expenditures 12,101,528 7,716,130 4,385,398 4,254,905 2,956,973 7,211,878 9,355,193 Revenue Over (Under) Expenditures (8,887,222) (4,113,991) 4,773,231 563,921 (3,008,397) (2,444,476) (5,366,914) Beginning Fund Balance 17,288,266 1 17,288,266 8,401,044 4,773,231 13,174,275 10,729,799 Ending Fund Balance $ 8,401,044 1 $ 13,174,27 $ 4,773,231 1 $ 8,964,965 1 1$ 5,362,885 5 -1 -10 \n -10- TOWN OF VAIL 2010 BUDGET PROPOSAL SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE HEAVY EQUIPMENT FUND Revenue Town of Vail Interagency Charge Insurance Reimbursements & Other Earnings on Investments Equipment Sales and Trade -ins Total Revenue Expenditures 2009 2009 Variance 2010 1st 2010 2011 Amended Preliminary Fav / (Unfav) Budget Supplemental Amended Forecast Comments $ 2,703,886 $ 2,636,688 $ 58,800 122,211 8,000 14,323 91,880 79,722 (67,198) $ 2,836,464 63,411 - 6,323 10,298 (12,158) 123,240 45,000 $ 2,836,464 $ 3,243,653 10,298 10,172 168,240 233,580 Trade -in value of old sweeper to help fund new sweeper below 2,862,566 2,852,944 (9,622) 2,970,002 45,000 3,015,002 3,487,405 Salaries & Benefits 942,623 968,522 (25,899) 965,912 965,912 986,368 Operating, Maintenance & Contracts 1,155,825 1,010,963 144,862 1,244,911 1,244,911 1,282,258 1,975,436 349,688 2,325,124 1,950,115 Ending Fund Balance For purchase of new sweeper; originally Capital Outlay 852,500 612,152 240,348 784,500 230,000 1,014,500 980,100 budgeted in 2009, but taking delivery in 2010 Total Expenditures 2,950,948 2,591,638 359,310 2,995,323 230,000 3,225,323 3,248,726 Revenue Over (Under) Expenditures (88,382) 261,306 349,688 (25,321) (185,000) (210,321) 238,679 Beginning Fund Balance 2,063,818 2,063,818 1,975,436 349,688 2,325,124 1,950,115 Ending Fund Balance $ 1,975,436 $ 2,325,124 $ 1,950,115 $ 2,114,803 $ 2,188,794 \n 3/2/2010 \n 5 1 11 \n TOWN OF VAIL 2010 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE DISPATCH SERVICES FUND Expenditures 2009 2009 Variance 2010 1st 2010 2011 Salaries & Benefits Amended Preliminary Fav / (Unfav) Budget Supplemental Amended Forecast Comments Revenue 506,134 441,695 64,439 511,633 511,633 527,600 E911 Board Revenue $ 761,918 $ 753,913 $ (8,005) $ 754,108 $ 754,108 775,506 Interagency Charges 1,157,497 1,150,659 (6,838) 1,162,231 1,162,231 1,181,270 Town of Vail Interagency Charge 543,072 539,763 (3,309) 522,213 522,213 544,220 Earnings on Investments 5,000 7,946 2,946 5,000 5,000 10,000 Other 76,349 78,860 2,511 - - - Total Revenue 2,543,836 2,531,141 (12,695) 2,443,552 - 2,443,552 2,510,996 Expenditures Salaries & Benefits 1,753,602 1,709,553 44,049 1,854,062 1,854,062 1,933,396 Operating, Maintenance & Contracts 506,134 441,695 64,439 511,633 511,633 527,600 Voice logger system replacement; continuation of Capital Outlay 197,750 69,731 128,019 50,000 73,000 123,000 50,000 project from 2009; Reimbursement was rec'd in 2009 and expense originally budgeted in 2009 Total Expenditures 2,457,486 2,220,979 236,507 2,415,695 73,000 2,488,695 2,510,996 Revenue Over (Under) Expenditures 86,350 310,161 223,811 27,857 (73,000) (45,143) Transfer to Capital Projects Fund Beginning Fund Balance Ending Fund Balance 962,344 962,344 1,048,694 223,811 1,272,505 1,227,362 $ 1,048,694 $ 1,272,505 $ 1,076,551 $ 1,227,362 $ 1,227,362 \n - jJ12/201 Mn 5 -1 -12 \n ORDINANCE NO. 4 SERIES OF 2010 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, DISPATCH SERVICES FUND, AND HEAVY EQUIPMENT FUND OF THE 2010 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2010 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 19, Series of 2009, adopting the 2010 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 2010 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 243,000 Capital Projects Fund 6,352,926 Real Estate Transfer Tax Fund 2,956,973 Dispatch Services Fund 73,000 Heavy Equipment Fund 230,000 Total $ 9,855,899 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. Ordinance No. 4, Series of 2010 \n 3/2/2010 \n 5- 1 -13 \n 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 2nd day of March, 2010, and a public hearing shall be held on this Ordinance on the 16th day of March, 2010, 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. 4, Series of 2010 \n 3/2/2010 \n 5 -1 -14 \n 'OWN OF VAM . VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: March 2, 2010 ITEM /TOPIC: Second reading of Ordinance No. 3, Series of 2010, an ordinance amending Section 14 -10 -5, Building Materials and Design, Vail Town Code, pursuant to Section 14 -1 -3, Administration of Standards, to allow for changes to the solar panel regulations, and setting forth details in regard thereto. (PEC090041) PRESENTER(S): Rachel Friede ACTION REQUESTED OF COUNCIL: Staff requests that the Vail Town Council tables this item to the April 6, 2010 meeting. BACKGROUND: On January 25, 2010, the Planning and Environmental Commission forwarded a recommendation of approval, with modifications, for changes to both the Lionshead Redevelopment Master Plan and the Development Standards of the Vail Town Code. On February 16, 2010, the Vail Town Council approved Ordinance No. 3, Series of 2010, upon first reading by a vote of 4 -3 -0 (Daly, Donovan and Foley opposed). The Vail Town Council requested that Staff return with additional information, including renderings and pictures of existing and potential solar panel installations. Staff is requesting a tabling of this item in order to provide adequate additional information. ATTACHMENTS: Ordinance No. 3, Series of 2010 Second Reading \n 3/2/2010 \n ORDINANCE NO. 3 SERIES OF 2010 AN ORDINANCE AMENDING SECTION 14 -10 -5, BUILDING MATERIALS AND DESIGN, VAIL TOWN CODE, PURSUANT TO SECTION 14 -1 -3, ADMINISTRATION OF STANDARDS, FOR CHANGES TO THE SOLAR PANEL REGULATIONS, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed amendments in accordance with the provisions of the Vail Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval with modification of these amendments at its January 25, 2010 meeting, and has submitted its recommendation to the Vail Town Council; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments further the general purpose of the Development Review Handbook; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments are consistent with the Town of Vail Environmental Sustainability Strategic Plan adopted goal of promoting energy conservation and a reduction in greenhouse gas emissions by supporting renewable energy projects; and WHEREAS, the Vail Town Council finds that these amendments will provide more appropriate, improved regulations for solar panels consistent with the architectural and aesthetic Ordinance No. 3, Series of 2010 \n 1 3/2/2010 \n 6 -1 -1 \n character of the Town of Vail; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt these amendments to the Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The purpose of this ordinance is to amend Section 14 -10 -5, Building Materials and Design, in order to amend regulations for solar panels. (Text that is to be deleted is qtr 0 rkRA. Text that is to be added is bold. Sections of text that are not amended may be omitted.) Section 2. Section 14 -2 -1 is hereby amended as follows: SOLAR PANEL: a group of solar cells that are installed onto a flat panel surface. Photovoltaic (PV) panels capture sunlight and convert it into electric power. Solar thermal panels capture sunlight and convert it into heat for the purposes of space heating, or hot water. Section 3. Section 14 -10 -5 is hereby amended as follows: .W.. Solar r--oller--ters -ph-Ali 49 #at on pgGheel r-eefs-, hewever-, when r'etrefikf� g an 6L4&4Rg GGMPaAi I'niifh fho 01 l design of the hU#diniv H. Solar panels should be installed on building roofs and facades and oriented for energy production. Solar panels shall be designed and placed in a manner compatible and architecturally integrated into the overall design of the building. Solar panels may be installed within setbacks on existing structures if the structure is legally nonconforming or permitted to encroach into setbacks. Solar panels shall not be included in calculation of building height. No portion of any solar panel shall project more than eight (8) feet from the roof plane or fagade to which the panel is attached. Solar panels shall not be installed within two (2) feet of a roof ridge or roof eave. Solar panel framing, brackets and associated equipment shall be painted to match adjacent building surfaces. Section 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 effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Ordinance No. 3, Series of 2010 \n 2 3/2/2010 \n 6 - 1 - 2 \n Section 6. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 9. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 16 day of February, 2010 and a public hearing for second reading of this Ordinance set for the 2n day of March, 2010, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 2n day of March, 2010. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 3, Series of 2010 \n 3 3/2/2010 \n 6 -1 -3 \n 'OWN OF VAM . VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: March 2, 2010 ITEM /TOPIC: Resolution No. 5, Series of 2010, a resolution amending Section 8.4.2.7 Roofs, Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, in order to amend the guidelines on solar panels in Lionshead, and setting forth details in regard thereto. (PEC090040) PRESENTER(S): Rachel Friede ACTION REQUESTED OF COUNCIL: Staff requests that the Vail Town Council tables this item until the April 6, 2010 meeting. BACKGROUND: On January 25, 2010, the Planning and Environmental Commission forwarded a recommendation of approval, with modifications, for changes to both the Lionshead Redevelopment Master Plan and the Development Standards of the Vail Town Code. On February 16, 2010, the Vail Town Council discussed Resolution No. 5, Series of 2010, but no action was taken. ATTACHMENTS: Resolution No. 5, Series of 2010 \n 3/2/2010 \n RESOLUTION NO. 5 Series of 2010 A RESOLUTION AMENDING SECTION 8.4.2.7 ROOFS, LIONSHEAD REDEVELOPMENT MASTER PLAN, PURSUANT TO SECTION 2.8, ADOPTION AND AMENDMENT OF THE MASTER PLAN, LIONSHEAD REDEVELOPMENT MASTER PLAN, IN ORDER TO AMEND THE GUIDELINES ON SOLAR PANELS IN LIONSHEAD, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on December 15, 1998, the Vail Town Council adopted the Lionshead Redevelopment Master Plan; and WHEREAS, on April 6, 1999, the Vail Town Council adopted Ordinance 3, Series of 1999, which amended the Zoning Regulations and created Lionshead Mixed Use 1 and Lionshead Mixed Use 2 Districts; and WHEREAS, Section 2.8 of the Lionshead Redevelopment Master Plan outlines a procedure for amending the Master Plan; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed amendments in accordance with the provisions of the Vail Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval with modification of these amendments at its January 25, 2010 meeting, and has submitted its recommendation to the Vail Town Council; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments further the purpose of the Lionshead Redevelopment Master Plan; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments promote the health, safety, morals, and general welfare of the Town and promote Resolution No. 5, Series of 2010 1 3/2/2010 \n 7 -1 -1 \n the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality; and WHEREAS, the Vail Town Council finds that these amendments will provide improved regulations for solar panels within the Town of Vail; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt these amendments to the Town Code. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. The Town Council of the Town of Vail hereby amends the Lionshead Redevelopment Master Plan (in part) as follows (additions are indicated in bold and deletions are indicated in R +riLn +h Fe , nh : Chapter 8: Architectural Design Guidelines: 8.4.2.7 Roofs (in part) Q y4ghfR h /Cnr Pa ' eels QLIili WR ;;Pd Rohr nanelR are permitted within I iepshead if they are lass than Z r ° cP.t o rrnllnrllnn roof th el� in ent -q be ma*i l m Ti i�i T m I roof hninhl nnlni�hlinnR and Rhn/l — he well hirlrinn from s treet level and tho mpgInf;4in Skylights Skylights are permitted within Lionshead if they are less than 3 feet higher than the surrounding roof. Skylights must be included in maximum roof height calculations, and shall be well - hidden from street level and the mountain. Solar Panels Solar panels should be installed on building roofs and facades and oriented for energy production. Solar panels shall be designed and placed in a manner compatible and architecturally integrated into the overall design of the building. Solar panels should be installed to minimize visual impact from street level. Solar panels may be installed within setbacks on existing structures if the structure is legally nonconforming or permitted to encroach into setbacks. Solar panels shall not be included in calculation of building height. No portion of any solar panel shall project more than eight (8) feet from the roof plane or fagade to which the panel is attached. Solar panels shall not be installed within two (2) feet of a roof ridge or roof eave. Solar panel framing, brackets and associated equipment shall be painted to match adjacent building surfaces. Resolution No. 5, Series of 2010 2 3/2/2010 \n 7 - 1 - 2 \n INTRODUCED, READ, APPROVED AND ADOPTED this 2 nd day of March, 2010. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Resolution No. 5, Series of 2010 3 3/2/2010 \n 7 -1 -3 \n