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HomeMy WebLinkAbout2014-12-02 Agenda and Support Documentation Town Council Evening SessionVAIL TOWN COUNCIL 0� EVENING SESSION AGENDA TVWN OF VA10 VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., DECEMBER 2, 2014 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. ITEM/TOPIC: Citizen Participation (10 min.) 2. ITEM/TOPIC: Consent Agenda: 1) Proclamation No. 7, Series of 2014, Declaring December 13, 2014, as "WhoVail Day"! 2) Resolution No. 35, Series of 2014. A Resolution Authorizing the Town of Vail to Grant an Easement to Newpath Networks for the Construction and Operation of Utility Facilities; and Setting Forth Details in Regard Thereto. 3) Resolution No. 36, Series of 2014. A Resolution Approving a Three Year Lease Agreement Between the Town of Vail and the Colorado Department of Transportation Regarding Parking Along the Non -Travel Lanes of the Interstate 70 Frontage Roads Located With the Limits of the Town; and Setting Forth Details in Regard Thereto. 4) Resolution No. 37, Series of 2014. A Resolution Approving a Five Year Lease Agreement Between the Town of Vail and the Colorado Department of Transportation Regarding Parking Along the Non -Travel Lanes of the Interstate 70 South Frontage Road Adjacent to Gerald R. Ford Park Located With the Limits of the Town; and Setting Forth Details in Regard Thereto. 5) Resolution No. 38, Series of 2014. A Resolution Approving a Lease Agreement Between the Town of Vail and the Colorado Department of Transportation Regarding Parking Along the Non -Travel Lanes of the Interstate 70 West North Frontage Road Located With the Limits of the Town; and Setting Forth Details in Regard Thereto. 6) Resolution No. 39, Series of 2014. A Resolution Approving a Lease Agreement Between the Town of Vail and the Colorado Department of Transportation Regarding Parking Along the Non -Travel Lanes of the Interstate 70 North Frontage Road at Middle Creek Located With the Limits of the Town; and Setting Forth Details in Regard Thereto. (5 min. ) 3. ITEM/TOPIC: Town Manager's Report (5 min. ) 4• ITEM/TOPIC: An update on the Vail Valley Medical Center Master Plan and South Frontage Road Traffic Improvements. (30 min.) PRESENTER(S): George Ruther, Director of Community Development ACTION REQUESTED OF COUNCIL: No action is being requested at this time. However, should the Vail Town Council have any questions or concerns with regard to the information that is presented, Town staff requests that the Council shares their questions and concerns and we will respond at a future public h6iV4.014 BACKGROUND: See attached memorandum dated December 2, 2014. STAFF RECOMMENDATION: As this is only an update, staff will not be providing a recommendation at this time. 5. ITEM/TOPIC: Appointment of four people to fill vacancies on the Commission on Special Events. (10 min.) PRESENTER(S): Patty McKenny, Town Clerk ACTION REQUESTED OF COUNCIL: Council interviewed eleven interested applicants at the work session earlier in the day. BACKGROUND: See information from earlier work session of December 2, 2014 for criteria and applicant names to fill vacancies on the Commission on Special Events. STAFF RECOMMENDATION: Council is asked to appoint four members to the Commission on Special Events to two year terms each, from January 1, 2015 to December 31, 2016. 6. ITEM/TOPIC: Commission on Special Events Funding Recommendations (30 min.) PRESENTER(S): Barry Davis, Commission on Special Events Chairman ACTION REQUESTED OF COUNCIL: The CSE requests the Town Council's approval of the 2015 Special Event funding and Tier IV Category: Life Long Learning allocations, as presented. BACKGROUND: The Commission on Special Events funding process for 2015 continued to be based upon the more structured, rigorous and objective strategies developed over the last two years. Hard decisions were again made for both CSE funded events as well as the Tier IV Life Long Learning category, utilizing refined criteria and supported by measurement tools, as well as eliminating funding for under -performing events. The CSE believes this is a strong calendar of events that will continue to drive increased results. 7. ITEM/TOPIC: First reading of Ordinance No, 20, Series 2014, an Ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund, Heavy Equipment Fund and Timber Ridge Enterprise Fund. (15 min.) PRESENTER(S): Kathleen Halloran, Finance Director ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Ordinance No. 20, Series 2014 BACKGROUND: Please see attached memo STAFF RECOMMENDATION: Approve or approve with amendments Ordinance No. 20, Series 2014 8. ITEM/TOPIC: Second reading of Ordinance No. 19, Series 2014, an Ordinance providing for the 1(44RAt4sment and collection of town property taxes due for the 2014 tax year and payable in the 2015 fiscal year. (5 min.) PRESENTER(S): Kathleen Halloran, Finance Director ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Ordinance No. 19, Series 2014 BACKGROUND: Please see attached memo STAFF RECOMMENDATION: Approve or approve with amendments Ordinance No. 19, Series 2014 9. ITEM/TOPIC: Adjournment (estimated 7:45 p.m.) 12/2/2014 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: December 2, 2014 ITEM/TOPIC: Citizen Participation 12/2/2014 TOWN OF VAIN TOWN OF VAIN VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: December 2, 2014 ITEM/TOPIC: Consent Agenda: 1) Proclamation No. 7, Series of 2014, Declaring December 13, 2014, as "WhoVail Day"! 2) Resolution No. 35, Series of 2014. A Resolution Authorizing the Town of Vail to Grant an Easement to Newpath Networks for the Construction and Operation of Utility Facilities; and Setting Forth Details in Regard Thereto. 3) Resolution No. 36, Series of 2014. A Resolution Approving a Three Year Lease Agreement Between the Town of Vail and the Colorado Department of Transportation Regarding Parking Along the Non -Travel Lanes of the Interstate 70 Frontage Roads Located With the Limits of the Town; and Setting Forth Details in Regard Thereto. 4) Resolution No. 37, Series of 2014. A Resolution Approving a Five Year Lease Agreement Between the Town of Vail and the Colorado Department of Transportation Regarding Parking Along the Non -Travel Lanes of the Interstate 70 South Frontage Road Adjacent to Gerald R. Ford Park Located With the Limits of the Town; and Setting Forth Details in Regard Thereto. 5) Resolution No. 38, Series of 2014. A Resolution Approving a Lease Agreement Between the Town of Vail and the Colorado Department of Transportation Regarding Parking Along the Non -Travel Lanes of the Interstate 70 West North Frontage Road Located With the Limits of the Town; and Setting Forth Details in Regard Thereto. 6) Resolution No. 39, Series of 2014. A Resolution Approving a Lease Agreement Between the Town of Vail and the Colorado Department of Transportation Regarding Parking Along the Non -Travel Lanes of the Interstate 70 North Frontage Road at Middle Creek Located With the Limits of the Town; and Setting Forth Details in Regard Thereto. ATTACHMENTS: Proclamation No. 7 Resolution No. 35, Series of 2014 Resolution No. 36 Series of 2014 Resolution No. 37 Series of 2014 Resolution No. 38 Series of 2014 Resolution No. 39 Series of 2014 12/2/2014 TOWN OF VAIL' Proclamation No. 7, Series of 2014 A Proclamation Declaring December 13, 2014, as "WhoVail Day"! WHEREAS, this holiday season there will be a new twist to the story "How the Grinch Stole Christmas," in that this season it's not Whoville, it's WhoVAIL! WHEREAS, Four Seasons Resort and Residences Vail will unveil a life-size Dr. Seuss' Whoville-inspired gingerbread house, as part of its holiday offerings for children and their families. The giant gingerbread house combined efforts from their staff and children from the community; WHEREAS, the gingerbread house measures 100 square feet and features a working door through which children can enter, built in-house by master carpenter Frank Bontempo; WHEREAS, the outside of the house has more than 4,500 gingerbread tiles, weighing 475 pounds, along with 80 pounds of fondant and icing; WHEREAS, the gingerbread tiles and inside fireplace will be decorated by the children from Red Sandstone Elementary School, with a guest appearance from Fizzy Bruno starring as the Grinch's dog Max; WHEREAS, Mark Herron, general manager of Four Seasons Resort and Residences Vail showcases this holiday time of year by saying, "We are pleased to debut the completed gingerbread house to the families and children who put so much creativity into the house's design," The children should be proud to show off their work, and we are thrilled to have them participate in this unique festivity this season." WHEREAS, the giant gingerbread house will be unveiled on Saturday, December 13, 2014, at the Four Seasons Resort in order to begin the holiday season and provide a chance for all the community to enjoy; NOW, THEREFORE, BE IT PROCLAIMED by Mayor Andy Daly and the Town Council of the Town of Vail, Colorado that Saturday, December 13, 2014, will be known as "WHOVAIL Day" to be celebrated by all in live and visit Vail, Colorado. Andrew P. Daly, Mayor Attest: Patty McKenny, Town Clerk 12/2/2014 RESOLUTION NO. 35 Series of 2014 A RESOLUTION AUTHORIZING THE TOWN OF VAIL TO GRANT AN EASEMENT TO NEWPATH NETWORKS FOR THE CONSTRUCTION AND OPERATION OF UTILITY FACILITIES; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, the Town is the owner of certain real property generally described as a part of Lot H, Vail Village Second Filing, Town of Vail, Colorado (the "Property"); and WHEREAS, the Town wishes grant a utility easement to NewPath Networks across the Property in the form attached hereto as Exhibit A (the "Easement"). NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves the Easement and authorizes to execute the Easement on behalf of the Town in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 2nd day of December, 2014. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk Resolution No. 35, Series of 2014 12/2/2014 EXHIBIT A Resolution No. 35, Series of 2014 UTILITY EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (the "Agreement") is dated this day of , 2014, by the Town of Vail, Colorado, a Colorado home rule municipality (the "Town"), and ("Grantee"). WHEREAS, Grantee desires to acquire an easement for the purpose of the construction and operation of utility facilities upon and beneath the surface of the property described in Exhibit A, attached hereto and incorporated herein by this reference (the "Easement Property"); and WHEREAS, the Town is willing to convey an easement to Grantee for the aforesaid purposes on the terms and conditions set forth below. NOW, THEREFORE, for and in consideration of the sum of ten dollars ($10) paid by Grantee to the Town, the covenants of Grantee herein contained, and other good and valuable consideration, the receipt, adequacy, and sufficiency of which are hereby acknowledged, the parties to this Easement Agreement hereby covenant and agree as follows: Section 1. Conveyance of Easement. The Town does hereby grant and convey unto Grantee, it successors, assigns, lessees, licensees, and agents, an easement upon and beneath the surface of the Easement Property for the operation of utility facilities. Grantee shall have the right of ingress and egress, consistent with this Agreement, upon the Easement Property for the construction, reconstruction, operation, maintenance and/or removal of the utility facilities. Section 2. Construction and Maintenance of Utility Facilities. Grantee shall be solely responsible for constructing and maintaining the utility facilities. Section 3. Relocation. Within sixty (60) days of receipt of written notice from the Town, Grantee shall relocate the utilities within the Easement Property at Grantee's sole cost and expense. Section 4. Retained Rights. The Town shall have all rights to the Easement Property not expressly granted hereby, including the construction of structure(s) over the Easement Property. Section 5. Miscellaneous. a. All provisions herein contained, including the benefits, burdens and covenants, are intended to run with the land and shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto. b. Grantee shall insure itself against liability, loss, or damages arising out of the construction, existence, use, operation or maintenance of the utility facilities. C. This Agreement constitutes all of the agreements, understandings, and promises between the parties hereto with respect to the subject matter hereof. II4�/�/fin ^ 11/26/14 67OA44ESKTOPS$ITNAGELIDESKTOPIUTILITYEASEMENT.DOC d. The Town and its officers, attorneys and employees are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys or employees. e. Grantee agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Agreement if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of Grantee, any subcontractor of Grantee, or any officer, employee, representative, or agent of Grantee, or which arise out of a worker's compensation claim of any employee of Grantee or of any employee of any subcontractor of Grantee. f. There are no third -party beneficiaries to this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their respective duly authorized officers as of the date and year first above written. I ICI]Li/►`[17 5h/_� I I�KI7 to) 7j ZI7 Stan Zemler, Town Manager ATTEST: Patty McKenney, Town Clerk GRANTEE STATE OF COLORADO ) ) ss. COUNTY OF The foregoing instrument was subscribed, sworn to, and acknowledged before me this _ day of , 2014, by My commission expires: (SEAL) 11/26/14 II4971AJ4ESKTOPS$7NAGEL IDESKTOPI UTILITYEASEMENT.DOC Notary Public II4�/�/fin ^ 11/26/14 67OA44ESKTOPS$ITNAGELIDESKTOPIUTILITYEASEMENT.DOC EXHIBIT A EASEMENT DESCRIPTION A PARCEL OF LAND LOCATED IN A PART OF LOT H, AMENDED MAP OF SHEET 1 OF 2 OF VAIL VILLAGE, SECOND FILING, TOWN OF VAIL, A SUBDIVISION, RECORDED IN THE OFFICE OF THE EAGLE COUNTY CLERK AND RECORDER AT RECEPTION No. 97199, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF B.S. CONDOMINIUMS ACCORDING TO THE PLAT RECORDED OCTOBER 12, 1984 AT RECEPTION NO. 293171, TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO, ALSO BEING A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF WEST MEADOW DRIVE; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY THE FOLLOWING TWO (2) COURSES: 1) N 8937'00" W A DISTANCE OF 13.48 FEET TO A POINT OF CURVATURE; 2) 100.77 FEET ALONG SAID CURVE TURNING TO THE RIGHT HAVING A CENTRAL ANGLE OF 40'37'19", A RADIUS OF 125.00 FEET AND A CHORD WHICHBEARS N 70'04'27" WA DISTANCE OF 86.78 FEET TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID SOUTHERLY RIGHT -OF WAY N 8714'54" WA DISTANCE OF 70.41 FEET TO A POINT ON THE SOUTH BOUNDARY OF SAID LOTH; THENCE N 6512157" W ALONG SAID SOUTH BOUNDARY DISTANCE OF 78.01 FEET TO THE SOUTHWEST CORNER OF SAID LOT H; THENCE N 2539'18" E ALONG THE WEST LINE OF SAID LOT H A DISTANCE OF 11.25 FEET; THENCE DEPARTING SAID WEST LINE THE FOLLOWING FOUR (4) COURSES: 1) S 6620'42" EA DISTANCE OF 9.81 FEET; 2) S 23'30'18" W A DISTANCE OF 5.51 FEET; 3) S 6627'08" EA DISTANCE OF 55.90 FEET; 4) N 8714'54" WA DISTANCE OF 68.24 FEET TO A POINT ON SAID SOUTHERLY RIGHT-OF- WAY OF WEST MEADOW DRIVE; THENCE 15.26 FEET ALONG A NON -TANGENT CURVE TURNING TO THE LEFT HAVING A CENTRAL ANGLE OF 095923", A RADIUS OF 125.00 FEET AND A CHORD WHICH BEARS S 46'14'18" E A DISTANCE OF 15.24 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINING 0.027 ACRES MORE OR PREPARED FOR AND ON BEHALF OF PEAK LAND P:\1900-199911960\docs\Fire Station Esmt-Legal.doc c O ry Q� O= 20 v C/ V Q IV �� SC�ILI'• 1"=30' =4Vm co IZ �o sp 2N o. o�'F PART OF LOT H o0 90 ADDRESS. 42 WEST MEADOW DRIVE•y!(6�4ki�/�sf�K/ "y 4 43 OUTLINE OF `u+v��f�� //� BUILDING N66'12'57"W / 46 c / , z 5.00' fo 3 per: 07 / TRUE POINT OF L7 BEGINNING fllgt C�nsfli�tiFl / 758 POINT OF A COMMENCEMENT = CIV C6 o D ` r VILLA CORTINA CONDOMINUMS L1 > o (RECEPTION No. 201315104) -< D> / D / A PART OF LOTH VAIL VILLAGE, SECOND FFILING�..ii umen*Ms.� TOWN OF VAIL, EAGLE COUNTY, STATE OF 'COLORADO LINE TABLE LINE LENGTH BEARING L1 13.48' 56937'00"W L2 20.98' N29'S9'37"E L3 70.41' N87'14'54"W L4 9,81' 566'20'42"E LS 5.51' 523'30'18"W A B.S. CONDOMINIUMS (RECEP110N No. 293171) EXHIBIT A CURVE TABLE CURVE DELTA RADIUS LENGTH TANGENT CHORD CHORD BEARING C1 38'06'36" 125.00' 83.14' 43.18' 81.62' L6 55.90' 566'27'08"E C7 68.24' - N8T14'54"W B.S. CONDOMINIUMS (RECEP110N No. 293171) EXHIBIT A CURVE TABLE CURVE DELTA RADIUS LENGTH TANGENT CHORD CHORD BEARING C1 38'06'36" 125.00' 83.14' 43.18' 81.62' 549'03'18"E C2 30'00'04" 125.00' 65.45' 33.50' 64.71' 545'00'00"E C3 12'44'40" 125.00' 27.80' 13.96' 27.75' 536'22'17"E C4 6'59'23" 125.00' 15.25' 7.63' 15.24' 546'14'18"E CS 10'16'02" 125.00' 22.40' 11.23' 22.37' 554'52'01"E C6 40'37'19" 125.00' 88.62' 46.27' 86.78' N70'04'27"W RESOLUTION NO. 36 Series of 2014 A RESOLUTION APPROVING A THREE YEAR LEASE AGREEMENT BETWEEN THE TOWN OF VAIL, AND THE COLORADO DEPARTMENT OF TRANSPORTATION REGARDING PARKING ALONG THE NON -TRAVEL LANES OF THE INTERSTATE 70 FRONTAGE ROADS LOCATED WITHIN THE LIMITS OF THE TOWN; AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, the Town and the Colorado Department of Transportation ("CDOT") entered into lease Agreements which included a permit parking program utilizing the Vail Frontage Roads for the 2012-2013 and for the 2013-2014 ski seasons; WHEREAS, the Town has made guardrail improvements to several sections of the North and South Frontage Roads as depicted in the attached Exhibit A; and WHEREAS, The Town and CDOT wish to enter into a three (3) year lease, at a reduced rate, for those improved sections of the North and South Frontage Roads (the "Lease"). NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves the Lease and authorizes the Town Manager to enter into the Lease with CDOT, in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 3rd day of December, 2014. Andrew P. Daly, Town Mayor ATTEST: Patty McKenny, Town Clerk Resolution No. 36, Series 2014 12/2/2014 EXHIBIT A Resolution No. 36, Series 2014 PROPERTY MG,T.NO. PROJECT NO: 170-2(7) 183 LOCATION: 1-70 frontage roads within the limits of the Town of Vail.. LEASE AGREEMENT (Vacant Land) THIS LEASE AGREEMENT made and entered into this day of , 20, by and between the State of Colorado acting by and through the Colorado Department of Transportation, CDOT, hereinafter referred to as "Lessor", and THE TOWN OF VAIL, COLORADO, hereinafter referred to as "Lessee". NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as follows: 1 . PREMISES. Lessor hereby leases and demises unto Lessee the Premises, hereinafter referred to as "Premises" located along the non -travel lanes of the Interstate 70 (1-70) frontage roads located within the limits of the Town of Vail in Eagle County, Colorado. The leased Premises are depicted on the maps attached hereto, made a part hereof and marked "Exhibit A", consisting of four (4) map sheets. 2. TERM. Subject to the cancellation and termination provisions provided herein, this Lease shall have three (3) concurrent terms comprised of the 2014-2015 ski season, the 2015-2016 ski season and the 2016-2017 ski season. The first term shall commence on December 1, 2014 and expire on May 1, 2015. The second term shall commence on December 1, 2015 and expire on May 1, 2016. The third term shall commence on December 1, 2016 and expire on May 1, 2017. 3. RENT. Subject to the provisions of Section 23(b), Lessee shall pay to Lessor the sum of $250.00 for the entirety of all three (3) concurrent terms, Payment shall be made payable to the Colorado Department of Transportation at: 4201 East Arkansas Ave,, Rm. 212 Denver, CO 80222 In the event Lessor has not received the rental installment hereunder within thirty (30) days of execution "W*Aulow"I I "a --`ff ine M e M in e e n it re re n la I Tee pil s a n T ia te Te e s a re not tFa I 11V U�55UF ly LU 5 51d U-44 RI 1111 5 1 AIJ ko .11) U a J 5 OT execution of this agreement, Lessee shall be in default of this Lease Agreement, this Lease shall automatically terminate, Lessee shall vacate the Premises and Lessor shall be entitled to retain all prior sums paid to Lessor by Lessee. 4USE, It is understood and agreed that the Lessee intends to use the Premises to provide free parking for use by the general public during the ski seasons described in Section 2 above. Any other A of the Premises shall constitute a material breach of this Lease and may, at Lessor's option, cause this Lease to immediately terminate. I I rWi 12/2/2014 5. TAXES, UTILITIES, MAINTENANCE AND OTHER EXPENSES. It is understood and agreed thal this Lease shall be an absolute Net Lease with respect to Lessor, and that all taxes, assessments, insurance, utilities and other operating costs and the cost of all maintenance, repairs, and improvements, borne by Lessee and not by the Lessor so that the rental return to Lessor shall not be reduced, offset or diminished directly or indirectly by any cost or charge. Lessee shall maintain the Premises in good repair and in tenable condition free of trash and debris during the term of this Lease. Lessor shall have the right to enter the Premises at any time for the purpose of making necessary inspections. ■. HOLD HARMLESS. The Lessee shall save, indemnify and hold harmless the Lessor and the Federal Highway Administration (FHWA) for any and all liabilities, costs, damage or loss to persons or property, including •-. resulting •, this Lease Agreement. 7. OWNERSHIP. The State of Colorado is the owner of the Premises, Lessor warrants and represents itself to be the authorized agent •I the State • Colorado • the purposes of granting this Le,q,se. 12/2/2014 14NO VIOLATION OF LAW. The Lessee shall not commit, nor permit the commission of, any act or thing, which shall be a violation of any ordinance of the municipality, City, County, or of any law of the State of Colorado or the United States. The Lessee shall not use the Premises for any manner, which shall constitute a nuisance or public • The signatories hereto aver that they are familiar with 18-8-301, et seq., (Bribery and Corrupt influences) and 18-8-401, et seq., (Abuse of Public Office), C.R.S., as amended, and that no violation of such provisions is present. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein. 15. NOTICE, Any notice required or permitted by this Lease may be delivered in person or sent M, registered or certified mail, return receipt requested, to the party at the address as hereinafter provide and if sent by mail it shall be effective when posted in the U.S. Mail Depository with sufficient postage attached thereto: LESSOR: LESSEE: Colo. Dept. of Transportation Town of Vail Attn: Property Management Manager Attn: Town Manager 15285 S. Golden Rd., Bldg. 47 75 South Frontage Road Golden, Colorado 80401 Vail, Colorado 81657 Notice of change of address shall be treated as any other notice. The Lessee warrants that the address listed above is the Lessee's current mailing address and that the Lessee will notify the Lessor in writing e0 ,.-ny changes in that address within ten (10) days of such change. 16. HOLDING OVER. Lessee shall not occupy or use the Premises, nor allow any other party to #ccupy or use the Premises, after the expiration or sooner termination of this Lease. Lessee shall not rt!) i*-&, • Jk9_X.M III ill I i • ant any erntlujeeT, 71,terlM, ♦ dFlU ♦ Ul IFIC Le55Ul` d,idlfl5t Ettly d1l* all walilaseti, claims, liability, loss, fines or expenses, including attorney's fees and litigation costs, related to the presence, disposal, release or clean-up of any contaminants, hazardous materials or pollutants on, over, under, from or affecting the property subject to this Lease, which contaminants or hazardous materials the Lessee or its employees, agents, contractors, officials or sub -lessees have caused to be located, disposed, or released on the Premises. Lessee shall also be responsible for all damages, claims and liability • the soil, water, vegetation, buildings • personal property located thereon as well as any personal injury or property damage related to such contaminants or hazardous materials. 19NO NEW PERMANENT STRUCTURES OR IMPROVEMENTS, No new permanent structures or improvements of any kind shall be erected or moved upon the Premises by Lessee without the express written prior permission of Lessor. Any such structure or improvement erected or moved upon the Premises without the express written consent of Lessor may be immediately removed by Lessor at the expense of Lessee, Further, any structures, improvements • items • any kind remaining on the Premises at the termination of the Lease will be considered abandoned by Lessee and may be immediately removed by • at Lessee's expense. 9. f..-: •.. 12/2/2014 20. BINDING AGREEMENT. This Lease shall be binding upon and inure to the benefit of the partners, heirs, executors, administrators, and successors of the respective parties hereto. 21. DEFAULT. If: (1) Lessee shall fail to pay any rent or other sum payable hereunder for a period of 10 days after the same is due; (2) Lessee shall fail to observe, keep or perform any of the other terms, agreements or conditions contained herein or in regulations to be observed or performed by Lessee and such default continues for a period of 30 days after notice by Lessor; (3) This Lease or any interest of Lessee hereunder shall be levied upon by any attachment or execution, then any such event shall constitute an event of default by Lessee. Upon the occurrence of any event of default by Lessee hereunder, Lessor may, at its option and without any further notice or demand, in addition to any other rights and remedies given hereunder or by law, do any of the following: (a) Lessor shall have the right, so long as such default continues, to give notice of termination to Lessee. On the date specified in such notice (which shall not be less than 3 days after the giving of such notice) this Lease shall terminate. (b) In the event of any such termination of this Lease, Lessor may then or at any time thereafter, re-enter the Premises and remove therefrom all persons and property and again repossess and enjoy the Premises without re'udice to an other remedies that Lessor ma have b reason of Lessee's default or W-791WR 12/2/2014 2. $2,000,000 general aggregate-, 3, $50,000 any one fire, 12/2/2014 -em 111M] 01 F-11 WIN MINIM M Lel 01 in (a) • parking shall • allowed in any area within the 1-70 clear zone. Additionally, no parking shall •- allowed in any area that lacks sufficient shoulder width to allow a parked vehicle to be located completely out of any adjacent travel lane and which •o- not provide adequate protections to •-• from moving vehicles. Lessee shall, at no cost or expense to • cause any vehicle parked within any clear zone • any vehicle parked in any area that lacks sufficient shoulder width as aforesaid to be immediately towed. (b) Parking by the general public upon the Lease Premises shall be free of charge; Lessee shall not charge any fee to any person who is utilizing the Lease Premises for parking purposes pursuant to the intention of this Lease Agreement. (c) Lessee shall not use the Premises nor allow any other party to use the Premises for any purpose not specifically authorized by this Lease nor for any purpose prohibited by the State of Colorado and/or the FHWA. (d) Lessee shall provide and maintain conspicuous delineation, including directional control by Lessee's employees and agents, of the parking areas allowed pursuant to this Lease Agreement. Lessee shall further provide conspicuous delineation and enforcement at locations where parking is strictly prohibited, (e) Lessee shall ensure that parking upon the Premises shall not interfere with any portion of the adjoining 1-70 and with the 1-70 frontage road travel lanes. Lessee shall further ensure that parking upon the Premises shall not interfere with the installation, operation, maintenance • -•r • any utilities or drainage facilities • on, above, over, •- through, across or adjacent to the Premises. (f) Lessor has entered this Agreement and has agreed to Lease the Premises to Lessee based upon representations made by Lessee that Lessee's intended use of the Premises is in the overall public interest for social, environmental, and economic purposes. (g) This Lease shall not be deemed valid unless it has been approved by the FHWA. THE RENILAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 12/2/2014 IN WITNESS WHEREOF, the parties hereto have executed this lease agreement on the day and year first above written. LESSEE: Town of Vail By (Name) Title STATE OF )ss COUNTY OF The foregoing instrument was subscribed and sworn to before me this _ day of , 20_, by as of the Town of Vail. My commission expires EVE-Umall LESSOR: COLORADO DEPARTMENT OF 11 David Fox JOSHUA LAIPPLY, P.E. Chief Clerk - Property Management Chief Engineer NIMIZZ1001 gm� 12/2/2014 M+ DAYS 0 left , 12/2/2014 ,�•ir =',' ��� '•� - �' '� ..r - .J t is RESOLUTION NO. 37 Series of 2014 A RESOLUTION APPROVING A FIVE YEAR LEASE AGREEMENT BETWEEN THE TOWN OF VAIL, AND THE COLORADO DEPARTMENT OF TRANSPORTATION ("CDOT") REGARDING PARKING ALONG THE NON - TRAVEL LANES OF THE INTERSTATE 70 SOUTH FRONTAGE ROAD ADJACENT TO GERALD R. FORD PARK LOCATED WITHIN TOWN LIMITS; AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, the Town and CDOT wish to enter into a five (5) year lease for parking for a section of the South Frontage adjacent to Gerald R. Ford Park and more particularly depicted on the attached Exhibit A (the "Lease"). NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves the Lease and authorizes the Town Manager to enter into the Lease with CDOT, in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 3rd day of December, 2014. Andrew P. Daly, Town Mayor ATTEST: Patty McKenny, Town Clerk Resolution No. 37, Series 2014 12/2/2014 EXHIBIT A Resolution No. 37, Series 2014 LOCATION: 1-70 South Frontage Road Adiacent to Gerald R. Ford Park in the Town of Vail. TRIS LEASE AGREE41EAT made and entered into this day of 20 , by and between the State of Colorado acting by and through the Colorado Department of Transportation, CDOT, hereinafter referred to as "Lessor", and THE TOWN OF VAIL, COLORADO, hereinafter referred to as "Lessee". NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as follows: 1 . PREMISES. Lessor hereby leases and demises unto Lessee the Premises, hereinafter referred to as "Premises", located along the non -travel lanes of the Interstate 70 (1-70) South Frontage Road adjacent toGerald R. Ford Park located within the limits ofthe Town of Vail in Eagle County, Colorado, The leased Premises isdescribed inExhibit "A"and depicted onExhibit ^B^attached hereto and made a part hereof. Z TERM. The term ofthis Lease shall befor aperiod offive (5)years, beginning on .2O14.and expiring on ,2O1Q.subject hothe cancellation and termination provisions provided herein and subject to the option to extend provisions contained in Section 23(e). 3. RENT. Subject tothe provisions of Section 23(b). Lessee shall pay to Lessor the sum of 1250.00 for the entirety of all three (3) concurrent terms, Payment shall be made payable to the Colorado Department ofTransportation at: I Sol 4201 East Arkansas Ave., Rm, 212 Denver, CO 80222 execution of this agreement, Lessee shall be in default of this Lease Agreement, this Lease shall automatically terminate, Lessee shall vacate the Premises and Lessor shall be entitled to retain all prior sums paid to Lessor by Lessee. 4. USE, It is understood and agreed that the Lessee intends to use the Premises for the purposes of managed parking operations, bus transit operations and occasional civic celebrations and for no other uses. Any other use of the Premises shall constitute a material breach of this Lease and may, at Lessor's option, cause this Lease to immediately terminate. 12/2/2014 11COMPLETE AGREEM01T. This Lease, including all exhibits, supersedes any and all prior written or oral agreements and there are no covenants, conditions or agreements between the parties except as set forth herein. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or affect whatsoever unless embodied herein in writing. No subsequent novation, renewal, addition, deletion or other amendment hereto shall have any force or effect unless embodied in a written contract executed and approved pursuant to the State Fiscal Rules. 1Z CAPTIONS, CONSTRUCTION, AND LEASE EFFECT. The captions and headings used in this Lease are for identification only, and shall be disregarded in any construction of the lease provisions. All of the terms of this Lease shall inure to the benefit of and be binding upon the respective heirs, successors, and assigns of both the Lessor and the Lessee. If any provision of this Lease shall be 12/2/2014 determined to be invalid, illegal, or without force by a court of law or rendered so by legislative act then the remaining provisions of this Lease shall remain in full force and effect, 14, NO VIOLATION OF LAW. The Lessee shall not commit, nor permit the commission of, any act or thing, which shall • a violation • any ordinance • the • City, County, or of any law of the State • Colorado • the United States. The Lessee shall not use the Premises •. any manner, which shall constitute a nuisance or public annoyance, The signatories hereto aver that they are familiar with 18-8-301, et seq,, (Bribery and Corrupt Influences) and 18-8-401, et seq., (Abuse of Public Office), C.R.S., as amended, and that no violation of such provisions is present. The I• aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein, 15NOTICE, Any notice required or permitted by this Lease may be delivered in person or sent by registered or certified mail, return receipt requested, to the party at the address as hereinafter provided, and if sent by mail it shall be effective when posted in the U.S. Mail Depository with sufficient postage attached • LESSOR: LESSEE: Colo. Dept. of Transportation Town of Vail Attn: Property Management Manager An: Town Manager 15285 S. Golden Rd., Bldg. 47 75 South Frontage Road Golden, Colorado 80401 Vail, Colorado 81657 Notice of change of address shall be treated as any other notice. The Lessee warrants that the address WW-1 "1AAVk1 1hWf__"W_ Jclfr=�_# IN"S Ilk, N filing 17, CHIEF ENGINEER'S APPROVAL. This Lease shall not be deemed valid until it has been 18. HAZARDOUS MATERIALS, The Lessee agrees to defend, indemnify and hold harmless the Lessor and any employees, agents, contractors, and officials of the Lessor against any and all damages, claims, liability, loss, fines or expenses, including attorney's fees and litigation costs, related to the presence, disposal, release or clean-up of any contaminants, hazardous materials or pollutants on, over, under, from or affecting the property subject to this Lease, which contaminants or hazardous materials the Lessee or its employees, agents, contractors, officials or sub -lessees have caused to be located, disposed, or released on the Premises. Lessee shall also be responsible for all damages, claims and liability to the soil, water, vegetation, buildings or personal property located thereon as well as any personal injury or property damage related to such contaminants or hazardous materials. 12/2/2014 Premises at the termination of the Lease will be considered abandoned by Lessee and may be immediately removed by Lessor at Lessee's expense. K BINDING AGREEMENT. This Lease shall be binding upon and inure to the benefit of ft partners, heirs, executors, administrators, and successors of the respective parties hereto, K111 DEFAULT. If: (1) Lessee shall fail to pay any rent or other sum payable hereunder for a period -of 10 days after the same is due; (2) Lessee shall fail to observe, keep or perform any of the other terms, agreements or conditions contained herein or in regulations to be observed or performed by Lessee and such default continues for a period of 30 days after notice by Lessor; (3) This Lease or any interest of Lessee hereunder shall be levied upon by any attachment or execution, then any such event shall constitute an event of default by Lessee. Upon the occurrence of any event of default by Lessee hereunder, Lessor may, at its option and without any further notice or demand, in addition to any other rights and remedies given hereunder or by law, do any of the following: (a) Lessor shall have the right, so long as such default continues, to give notice of termination to Lessee, On the date specified in such notice (which shall not be less than 3 days after the giving of such notice) this Lease shall terminate. (b) In the event of any such termination of this Lease, Lessor may then or at any time thereafter, re-enter the Premises and remove therefrom all persons and property and again repossess and enjoy the fox* f0V4_*0VK"10___ *f such termination. (c) The amount of damages which Lessor may recover in event of such termination shall include, without limitation, (1) the amount at the time of award of unpaid rental earned and other sums owed by Lessee to Lessor hereunder, as of the time of termination, together with interest thereon as provided in this Lease, (2) all legal expenses and other related costs incurred by Lessor following Lessee's default to the Premises beyond its present condition. (d) Upon Lessee's failure to remove its personal property from the Premises after the expiration of the term of this Lease, Lessor may in its sole discretion, without notice to or demand upon Lessee, remove, sell or dispose of any and all personal property located on the Premises. Lessee waives all claims for damages that may be caused by Lessor's removal of property as herein provided, (a) The Lessee shall obtain and maintain, at all times during the duration of this Lease, insurance in the kinds and amounts detailed below. The Lessee shall require any Contractor working for Lessee on the Premises to obtain like coverage. The following insurance requirements must be in effect during the entire term of the Lease. Lessee shall, at its sole cost and expense, obtain insurance on its inventory, equipment and all other personal property located on the Premises against loss resulting from fire, theft or other casualty. (b) Workers' Compensation Insurance as required by State statute, and Employer's Liability Insurance covering all employees acting within the course and scope of their employment and work on the activities authorized by this Lease in Paragraph 4. (c) Commercial General Liability Insurance written on ISO occurrence forrn CG 00 01 10/93 or equivalent, covering Premises operations, fire damage, independent Consultants, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: ZM%1 sm., 12/2/2014 ;1,000,000 each occurrence', 00,000 any one fire. If any aggregate limit is reduced below, $1,000,000 because of claims made or paid, the Lessee, -#,,r as applicable, its Contractor, shall immediately obtain additional insurance to restore the full aggregate limit and furnish to CDOT a certificate or other document satisfactory to CDOT showing compliance with this provision, (d) If any operations are anticipated that might in any way result in the creation of a pollution exposure, Lessee shall also provide Pollution Legal Liability Insurance with minimum limits of liability of $1,000,000 Each Claim and $1,000,000 Annual Aggregate. CDOT shall be named as an Additional Insured to the Pollution Legal Liability policy. The Policy shall be written on a Claims Made form, with an extended reporting period of at least two year following finalization of the Lease. (e) Umbrella or Excess Liability Insurance with minimum limits of $1,000,000, This policy shall become primary (drop down) in the event the primary Liability Policy limits are impaired or exhausted. The Policy shall be written on an Occurrence form and shall be following form of the primary. The following form Excess Liability shall include CDOT as an Additional Insured. (0 COOT shall be named as Additional Insured on the Commercial General Liability Insurance policy. Coverage required by the Lease will be primary over any insurance or self-insurance program carried by the State of Colorado. (g) The Insurance shall include provisions preventing cancellation or non -renewal without at least 30 days prior notice to CDOT by certified mail to the address contained in this document. (h) The insurance policies related to the Lease shall include clauses stating that each carrier will waive all rights of recovery, under subrogation or otherwise, against CDOT, its agencies, institutions, organizations, officers, agents, employees and volunteers, 0) All policies evidencing the insurance coverage required hereunder shall be issued by insurance companies satisfactory to CDOT. this lease. No later than 30 days prior to the expiration date of any such coverage, the Lessee or Contractor shall deliver to the Notice Address of CDOT certificates of insurance evidencing renewals thereof. At any time during the term of this Lease, CDOT may request in writing, and the Lessee or Contractor shall thereupon within 10 days supply to CDOT, evidence satisfactory to CDOT of compliance with the provisions of this section, Insurance coverage must be in effect or this lease is in default. (k) Notwithstanding subsection (a.) of this section, if the Lessee is a "public entity" within the meaning of the Colorado Governmental Immunity Act CRS 24-10-101, et seg., as amended Lessee shall at all times during the term of this Lease maintain only such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the Act. Upon request by CDOT, the Lessee shall show proof of such insurance satisfactory to CDOT. Public entity Lessees are not required to name CDOT as an Additional Insured. 03•, 12/2/2014 Z a a . 9 -# - *- 0 i a I (a) Lessee shall not use the Premises nor allow any other party to use the Premises for any purpose not specifically authorized by this Lease nor for any purpose prohibited by the Sta of Colorado and/or the FHWA. (b) Lessee shall ensure that Lessee's use and occupancy of the Premises shall not interfere with Lessor's use of the adjoining State highway right-of-way or with the installation, operation, maintenance and repair of any utilities, drainage or irrigation facilities located on, above, over, under, through, across or adjacent to the Premises. (c) Lessee shall not modify or alter the Premises without Lessors prior written approval. Prior to requesting Lessor's approval of any modifications or alterations to the Premises, Lessee shall submit to Lessor a site plan and/or construction drawings depicting and describing all proposed modifications and/or alterations. Any approval(s) given by Lessor shall be subject to and contingent upon full and complete compliance by Lessee of any and all conditions and/or stipulations required by Lessor. Lessee agrees that any approvals given by Lessor shall not operate to transfer any liabilities or responsibilities to Lessor; all modifications and alterations to the Premises shall be at Lessee's sole and absolute risk. In all circumstances, Lessee's work and act of modifying or altering the Premises shall be performed with the highest standard of care to ensure such work and act shall not cause damage to the Premises, to Lessor's adjacent highways, to any utility, to any irrigation facility, to any trees or to the property of any other party. Lessee's work and act of modifying or altering the Premises shall be subject to Lessee obtaining all appropriate permits from any authority having jurisdiction to approve such work, Further, Lessee shall and agrees to save, indemnify and hold Lessor harmless from any liability for damage or loss to persons or property resulting from this Lease. In the event Lessee engages a contractor to perform any work upon the Premises, such contractor shall be required to save, indemnify and hold Lessor harmless for any liability for damage or loss to persons or property resulting from activities from such work and shall name Lessor as an additional insured party on its insurance policy. Proof of the contractor's insurance must be provided to Lessor prior to any work being conducted on the Premises. (d) Lessor has entered this Agreement and has agreed to Lease the Premises to Lessee based upon representations made by Lessee that Lessee's intended use of the Premises is in the overall public interest for social, environmental, and economic purposes. (e) In the event Lessee satisfies each and every duty and obligation to be performed by Lessee under this Lease Agreement, Lessor hereby grants to Lessee the option to extend the term of this Lease for two (2) additional five (5) year periods, each commencing when the prior term expires. In order to exercise its option to extend this Lease as aforesaid, Lessee shall give Lessor no less than ninety (90) days advance written notice of Lessee's intent to extend the term of this Lease. p-- a•# #�� 12/2/2014 I IN WITNESS WHEREOF, the parties hereto have executed this lease agreement on the day and year first above written. LESSEE: Town of Vail By (Name) Title STATE OF )ss COUNTY OF The foregoing instrument was subscribed and sworn to before me this _ day of 1 20_, by as of the Town of Vail. My commission expires F-ITITUM F-1110MA IMMUT-AM121 i i , 131IM-112 MKOAZI 1-111101=0 David Fox JOSHUA LAIPPLY, P.E. Chief Clerk - Property Management Chief Engineer 12/2/2014 EXHIBIT FORD PARK & INTERSTATE HIGHWAY No. 70 TOWN OF VAIL, EAGLE COUNTY, COLORADO PARCEL DESCRIPTION: A PARCEL OF LAND SITUATED IN A PART OF THE NE a SECTION 8, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT BEING THE INTERSECTION OF THE SOUTHERLY RIGHT—OF—WAY OF INTERSTATE HIGHWAY No. 70 AND THE EAST LINE OF SAID SECTION 8 FROM WHENCE THE NORTHEAST CORNER OF SAID SECTION 8 BEARS N00'47'41 "E 912.35 FEET, SAID LINE FORMING THE BASIS OF BEARINGS FOR THE FOLLOWING DESCRIPTION; THENCE ALONG SAID SOUTHERLY RIGHT—OF—WAY 130.63 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 5923.00 FEET, AN INTERIOR ANGLE OF 01'15'49" AND A CHORD WHICH BEARS S84°29'25"W 130.63 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT—OF—WAY 938.97 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 5923.00 FEET, AN INTERIOR ANGLE OF 09°04'59" AND A CHORD WHICH BEARS S89°39'49"W 937.99 FEET; THENCE N78°52'56"W 53.63 FEET; THENCE DEPARTING SAID SOUTHERLY RIGHT—OF—WAY NO3"27'08"E 29.64 FEET; THENCE N52°37'48"E 29.44 FEET; THENCE 941.46 FEET ALONG THE ARC OF A NON—TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 5869.59 FEET, AN INTERIOR ANGLE OF 09°11'24" AND A CHORD WHICH BEARS N89'53'26"E 940.45 FEET; THENCE S24°46'58"E 59.56 FEET TO THE TRUE POINT OF BEGINNING. IGore Range I Su rveyi ng, LLC 16 A. ) Nan. Cu fl: 6N iv70r X79 -&N8 • tai �TOt �� 0655 SHEET 1 OF 2 EXHIBIT FORD PARK & INTERSTATE HIGHWAY No. 70 TOWN OF VAIL, EAGLE COUNTY, COLORADO CORNER OF SECTIONS 4,5,8&9 T 5 S. R 80 W, 6th P.M. co Z 0 U WLON I r7 INTERSTATE HIGHWAY No. 70 LLJ ZI°' J � I V) W Q W =9'11'24" i� R=5869.59' `f L-941.46' o ChB=N89'53'26"E I z N 52'37'48" E — 29.44' ChL=940.45' POINT OF I BEGINNING SUBJECT PARCEL S 24'46'58" E — 59.56' N 03'27'08" E — 29.64' V N 78'52'56" W — 53.63' TRUE POINT INTERSTATE HIGHWAY OF BEGINNING PROPOSED No. 70 R.O.W. CURB & GUTTER = 9'04' 59" =1 '15' 49" FORD PARK R=5923.00' R=5923.00' L=938.97' L=130.63' ChB=589'39'49"W ChB=S84'29'25"W ChL=937.99' ChL=130.63' Gore Range Su rveyi ng, LLC 0 zoo aoo V.o &W is Feet A". CO 916M r9ro, +r�-e64a . ru �ror +A.00ss SHEET 2 OF 2 12/2/2014 RESOLUTION NO. 38 Series of 2014 A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE TOWN OF VAIL, AND THE COLORADO DEPARTMENT OF TRANSPORTATION ("CDOT") REGARDING PARKING ALONG THE NON - TRAVEL LANES OF THE INTERSTATE 70 WEST NORTH FRONTAGE ROAD LOCATED WITHIN TOWN LIMITS; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, the Town and CDOT wish to enter into a lease for the 2014-2015 ski season for parking along the West North Frontage Road from mile marker 172.98 to mile marker 173.32 and as further depicted in the attached Exhibit A (the "Lease"). NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves the Lease and authorizes the Town Manager to enter into the Lease with CDOT, in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 3rd day of December, 2014. Andrew P. Daly, Town Mayor ATTEST: Patty McKenny, Town Clerk Resolution No. 38, Series 2014 12/2/2014 EXHIBIT A Resolution No. 38, Series 2014 PROPERTY MGMT.NO. PROJECT NO: 1 70-2(7) 183 LOCATION: 1-70 West North Frontage Road MP 172.98-173.32. Town of Vail. LEASE AGREEMENT (Vacant Land) THIS LEASE AGREEMENT made and entered into this day of , 20 , by and between the State of Colorado acting by and through the Colorado Department of Transportation, CDOT, hereinafter referred to as "Lessor", and THE TOWN OF VAIL, COLORADO, hereinafter referred to as "Lessee". WITNESSETH NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as follows: 1. PREMISES. Lessor hereby leases and demises unto Lessee the Premises, hereinafter referred to as "Premises", located along the non -travel lanes of the Interstate 70 (1-70) West North Frontage Road located within the limits of the Town of Vail in Eagle County, Colorado. The leased Premises are shown on the map attached hereto, made a part hereof and marked "Exhibit A", consisting of one (1) map sheet. 2. TERM. The term of this lease shall begin on December 1, 2014, and expire and terminate on May 1, 2015, subject to the cancellation and termination provisions herein. 3. RENT. Lessee shall pay $250.00 for the entire term of this Lease. Payment shall be made payable to the Colorado Department of Transportation at: Colo. Dept. of Transportation C/o Accounting Receipts & Deposits 4201 East Arkansas Ave., Rm. 212 Denver, CO 80222 or at such place as Lessor from time to time designates by notice as provided herein In the event Lessor has not received the rental installment hereunder within thirty (30) days of execution of this Agreement, a late charge of five percent (5%) of the total installment will be assessed to Lessee. In the event the entire rental fee plus any late fees are not paid to Lessor by Lessee within sixty (60) days of execution of this Agreement, Lessee shall be in default of this Lease Agreement, this Lease shall automatically terminate, Lessee shall vacate the Premises and Lessor shall be entitled to retain all prior sums paid to Lessor by Lessee. 4. USE. It is understood and agreed that the Lessee intends to use the Premises to provide free parking for use by the general public during the term described in Section 2 above. Any other use of the Premises shall constitute a material breach of this Lease and may, at Lessor's option, cause this Lease to immediately terminate. 5. TAXES, UTILITIES, MAINTENANCE AND OTHER EXPENSES. It is understood and agreed that this Lease shall be an absolute Net Lease with respect to Lessor, and that all taxes, assessments, insurance, utilities and other operating costs and the cost of all maintenance, repairs, and improvements, Rev.3/06 Page 1 of 7 12/2/2014 12/2/2014 14NO VIOLATION OF LAW. The Lessee shall not commit, nor permit the commission of, any act or thing, which shall be a violation of any ordinance of the municipality, City, County, or of any law of the State of Colorado or the United States. The Lessee shall not use the Premises for any manner, which shall constitute a nuisance or public annoyance. The signatories hereto aver that they are familiar with 18-8-301, et seq., (Bribery and Corrupt Influences) and 18-8-401, et seq., (Abuse of Public Office), C.R.S., as amended, and that no violation of such provisions is present. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein. ["151cleu 01 Celufleu Inali, reTarn recelpt feitlt�zileu, lu ule pall -,-nd if sent by mail it shall be effective when posted in the U.S. Mail Depository with sufficient postage q,ttached thereto: LESSOR: LESSEE: Colo. Dept. of Transportation Town of Vail Attn: Property Management Manager Attn: Town Manager 15285 S. Golden Rd., Bldg. 47 75 South Frontage Road Golden, Colorado 80401 Vail, Colorado 81657 Notice of change of address shall be treated as any other notice. The Lessee warrants that the address , yBu. 16. HOLDING OVER, Lessee shall not occupy or use the Premises, nor allow any other party to #ccupy or use the Premises, after the expiration or sooner termination of this Lease. Lessee shall not 19. NO NEW PERMANENT STRUCTURES OR IMPROVEMENTS. No new permanent structures or improvements of any kind shall be erected or moved upon the Premises by Lessee without the express written prior permission of Lessor. Any such structure or improvement erected or moved upon the Premises without the express written consent of Lessor may be immediately removed by Lessor at the expense of Lessee, Further, any structures, improvements or items of any kind remaining on the Premises at the termination of the Lease will be considered abandoned by Lessee and may be immediately removed by Lessor at Lessee's expense, 10M. 111mr-1 a IL J 12/2/2014 1 $1.00O.DDDeach occurrence; 2. $2.00O.OUOgeneral ogQregaba� 3. $5U.QUQany one fire. 12/2/2014 If any aggregate limit is reduced below, $1,000,000 because of claims made or paid, the Lessee, #r as applicable, its Contractor, shall immediately obtain additional insurance to restore the full aggregate limit and furnish to CDOT a certificate or other document satisfactory to CDOT showing compliance with this provision. (d) If any operations are anticipated that might in any way result in the creation of a pollution exposure, Lessee shall also provide Pollution Legal Liability Insurance with minimum limits of liability of $1,000,000 Each Claim and $1,000,000 Annual Aggregate. CDOT shall be named as an Additional Insured to the Pollution Legal Liability policy. The Policy shall be written on a Claims Made form, with an extended reporting period of at least two year following finalization of the Lease, (e) Umbrella or Excess Liability Insurance with minimum limits of $1,000,000, This policy shall become primary (drop down) in the event the primary Liability Policy limits are impaired or exhausted. The Policy shall be written on an Occurrence form and shall be following form of the primary. The following form Excess Liability shall include CDOT as an Additional Insured, (f) CDOT shall be named as Additional Insured on the Commercial General Liability Insurance policy. Coverage required by the Lease will be primary over any insurance or self-insurance program carried by the State of Colorado. (g) The Insurance shall include provisions preventing cancellation or non -renewal without at least 30 days prior notice to CDOT by certified mail to the address contained in this document. (h) The insurance policies related to the Lease shall include clauses stating that each carrier will waive all rights of recovery, under subrogation or otherwise, against CDOT, its agencies, institutions, organizations, officers, agents, employees and volunteers. W All policies evidencing the insurance coverage required hereunder shall be issued by insurance companies satisfactory to CDOT. 0) In order for this lease to be executed, the Lessee, or as applicable, its Contractor, shall provide certificates showing insurance coverage required by this Lease to CDOT prior to the execution this lease. No later than 30 days prior to the expiration date of any such coverage, the Lessee or Contractor shall deliver to the Notice Address of CDOT certificates of insurance evidencing renewals thereof. At any time during the term of this Lease, CDOT may request in writing, and the Lessee or Contractor shall thereupon within 10 days supply to CDOT, evidence satisfactory to CDOT of complian with the provisions of this section, Insurance coverage must be in effect or this lease is in default. (k) Notwithstanding subsection (a.) of this section, if the Lessee is a "public entity" within t meaning of the Colorado Governmental Immunity Act CRS 24-10-101, et seg., as amended Lessee shall at all times during the term of this Lease maintain only such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the Act. Upon request CDOT, the Lessee shall show proof of such insurance satisfactory to CDOT, Public entity Lessees are not required to name CDOT as an Additional Insured, (1) If the Lessee engages a Contractor to act independently from the Lessee on the Premise that Contractor shall be required to provide an endorsement naming CDOT as an Additional Insured on their Commercial General Liability, and Umbrella or Excess Liability policies, M1100119MILWA OUSi.1*�*iLN 12/2/2014 12/2/2014 IN WITNESS WHEREOF, the parties hereto have executed this lease agreement on the day and year first above written. LESSEE: 0 (Name) Title STATE OF )ss COUNTY OF The foregoing instrument was subscribed and sworn to before me this _ day of 1 20_, by as of the Town of Vail. Witness my hand and official seal. My commission expires ATTEST: LESSORIMI : David Fox JOSHUA LAIPPLY, P.E. Chief Clerk — Property Management Chief Engineer 12/2/2014 EVES T VAIL NORTH. NIP 172.98 - 173.32 3U+ DAYS 9 12/2/2014 rci RESOLUTION NO. 39 Series of 2014 A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE TOWN OF VAIL, AND THE COLORADO DEPARTMENT OF TRANSPORTATION ("CDOT") REGARDING PARKING ALONG THE NON - TRAVEL LANES OF THE INTERSTATE 70 NORTH FRONTAGE ROAD AT MIDDLE CREEK LOCATED WITHIN TOWN LIMITS; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, the Town and CDOT wish to enter into a lease for the 2014-2015 ski season for parking along the North Frontage Road from mile marker 175.8 to mile marker 176.5 and as depicted in the attached Exhibit A (the "Lease"). NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves the Lease and authorizes the Town Manager to enter into the Lease with CDOT, in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 3rd day of December, 2014. Andrew P. Daly, Town Mayor ATTEST: Patty McKenny, Town Clerk Resolution No. 39, Series 2014 12/2/2014 EXHIBIT A Resolution No. 39, Series 2014 PROPERTY MGMT.NO. PROJECT NO: 170-2(7) 183 LOCATION: 1-70 North Frontage Road at Middle Creek, Town of Vail. LEASE AGREEMENT (Vacant Land) THIS LEASE AGREEMENT made and entered into this day of , 20_, by and between the State of Colorado acting by and through the Colorado Department of Transportation, CDOT, hereinafter referred to as "Lessor", and THE TOWN OF VAIL, COLORADO, hereinafter referred V. as "Lessee". &1k%_#kNM*1WZ ROYT, THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as follows: 1 PREMISES. Lessor hereby leases and demises unto Lessee the Premises, hereinafter referred to as "Premises", located along the non -travel lanes of the Interstate 70 (1-70) North Frontage Road located within the limits of the Town of Vail in Eagle County, Coloradq. The leased Premises are shown on the map attached hereto, made a part hereof and marked "Exhibit A", consisting of one (1) map sheet. Z TERM. The term of this lease shall begin on January 1, 2015, and expire and terminate on March 31, 2015, subject to the cancellation and termination provisions herein. 3. RENT. Lessee shall pay $250.00 for the entire term of this Lease. Payment shall be made payable to the Colorado Department of Transportation at: Colo. Dept. of Transportation C/o Accounting Receipts & Deposits 1,201 East Arkansas Ave., Rm. 212 Denver, CO 80222 0111MINW-14116 =11 004", #t this Agreement, a late charge OT Tive percent (bl/b) OT the total installment will De assessed 10 Les the event the entire rental fee plus any late fees are not paid to Lessor by Lessee within sixty (60) days of execution of this Agreement, Lessee shall be in default of this Lease Agreement, this Lease shall 2utomatically terminate, Lessee shall vacate the Premises and Lessor shall be entitled to retain all prior sums paid to Lessor by Lessee. -4. USE. It is understood and agreed that the Lessee intends to use the Premises to accommodate parking strictly for permit parking patrons who will be displaced from Lessee's parking facility located at Gerald R. Ford Park during the 2015 World Alpine Ski Championships and for no other purpose. Any other use of the Premises shall constitute a material breach of this Lease and may, at Lessor's option, cause this Lease to immediately terminate. . 19h ATOT9 MW 12/2/2014 u 12/2/2014 14, NO VIOLATION OF LAW. The Lessee shall not commit, nor permit the commission of, any act or thing, which shall be a violation of any ordinance of the municipality, City, County, or of any law of the State of Colorado or the United States. The Lessee shall not use the Premises for any manner, which shall constitute a nuisance or public annoyance. The signatories hereto aver that they are familiar with 18-8-301, et seq., (Bribery and Corrupt Influences) and 18-8-401, et seq., (Abuse of Public Office), C.R.S., as amended, and that no violation of such provisions is present, The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein. 016- #1 uelullea fliall, piduj di Ifle d19,19.1e55 a5 lleltllflaat�[ Plot[ and if sent by mail it shall be effective when posted in the U.S. Mail Depository with sufficient postage attached thereto: LESSOR: LESSEE: Colo. Dept. of Transportation Town of Vail Attn: Property Management Manager Attn: Town Manager 15285 S. Golden Rd,, Bldg. 47 75 South Frontage Road Golden, Colorado 80401 Vail, Colorado 81657 any changes in that address within ten (10) days of such change, 18. HAZARDOUS MATERIALS. The Lessee agrees to defend, indemnify and hold harmless the Lessor and any employees, agents, contractors, and officials of the Lessor against any and all damages, claims, liability, loss, fines or expenses, including attorney's fees and litigation costs, related to the presence, disposal, release or clean-up of any contaminants, hazardous materials or pollutants on, over, under, from or affecting the property subject to this Lease, which contaminants or hazardous materials the Lessee or its employees, agents, contractors, officials or sub -lessees have caused to be located, disposed, or released on the Premises, Lessee shall also be responsible for all damages, claims and liability to the soil, water, vegetation, buildings or personal property located thereon as well as any personal injury or property damage related to such contaminants or hazardous materials. 19. NO NEW PERMANENT STRUCTURES OR IMPROVEMENTS. No new permanent structures or improvements of any kind shall be erected or moved upon the Premises by Lessee without the express written prior permission of Lessor. Any such structure or improvement erected or moved upon the Premises without the express written consent of Lessor may be immediately removed by Lessor at the expense of Lessee. Further, any structures, improvements or items of any kind remaining on the Premises at the termination of the Lease will be considered abandoned by Lessee and may be immediately removed by Lessor at Lessee's expense. 20BINDING AGREEMENT, This Lease shall be binding upon and inure to the benefit of the partners, heirs, executors, administrators, and successors of the respective parties hereto. I 12/2/2014 1� $1.00O.O0Oeach occurrence; 2, $2.00O.00Ogeneral aggnagste� 1 $50,000 any one fire. 12/2/2014 E 12/2/2014 (a) Mo parking shall be allowed in any area within the 1-70 clear zone. Additionally, no parking shall be allowed in any area that lacks sufficient shoulder width to allow a parked vehicle to be located completely out of any adjacent travel lane and which does not provide adequate protections to pedestrians from moving vehicles. Lessee shall, at no cost or expense to Lessor, cause any vehicle parked within any clear zone or any vehicle parked in any area that lacks sufficient shoulder width as aforesaid to be immediately towed. (b) Parking by the general public upon the Lease Premises is strictly prohibited; Lessee's use of the Premises is strictly limited to accommodating parking for permit parking patrons who will be displaced from Lessee's parking facility located at Gerald R. Ford Park during the 2015 World Alpine Ski Championships, (c) Lessee shall not use the Premises nor allow any other party to use the Premises for any purpose not specifically authorized by this Lease nor for any purpose prohibited by the State of Colorado and/or the FHWA. (d) Lessee shall provide and maintain conspicuous delineation, including directional control by Lessee's employees and agents, of the parking areas allowed pursuant to this Lease Agreement, Lessee shall further provide conspicuous delineation and enforcement at locations where parking is strictly prohibited. (e) Lessee shall ensure that parking upon the Premises shall not interfere with any portion of the adjoining 1-70 and with the 1-70 frontage road travel lanes. Lessee shall further ensure that parking upon the Premises shall not interfere with Lessor's or Lessor's approved installation, operation, maintenance and repair of any utilities or drainage facilities located on, above, over, under, through, across or adjacent to the Premises. -a 116 1 1 * - * • - MMINUMN 12/2/2014 IN WITNESS WHEREOF, the parties hereto have executed this lease agreement on the day and year first above written. LESSEE: Town of Vail By (Name) Title STATE OF )ss COUNTY OF The foregoing instrument was subscribed and sworn to before me this _ day of 20—, by as of the Town of Vail. fit I My commission expires _ 130TA M- ZMERUM LESSOR: David Fox JOSHUA LAIPPLY, P.E. Chief Clerk — Property Management Chief Engineer Wm.. 12/2/2014 Mt., WIN - 4�m _ - i� WIN - 4�m _ - VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: December 2, 2014 ITEM/TOPIC: Town Manager's Report 12/2/2014 TOWN OF VAIN TOWN OF VAIN VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: December 2, 2014 ITEM/TOPIC: An update on the Vail Valley Medical Center Master Plan and South Frontage Road Traffic Improvements. PRESENTER(S): George Ruther, Director of Community Development ACTION REQUESTED OF COUNCIL: No action is being requested at this time. However, should the Vail Town Council have any questions or concerns with regard to the information that is presented, Town staff requests that the Council shares their questions and concerns and we will respond at a future public hearing. BACKGROUND: See attached memorandum dated December 2, 2014. STAFF RECOMMENDATION: As this is only an update, staff will not be providing a recommendation at this time. ATTACHMENTS: Vail Valley Medical Center Master Plan Update 12/2/2014 TOWN OrF Memorandum TO: Vail Town Council FROM: George Ruther, Director of Community Development DATE: December 2, 2014 SUBJECT: Town Manager's Report - An update on the Vail Valley Medical Center Master Plan and the South Frontage Road Traffic Improvements PURPOSE The purpose of this memorandum is to provide an update on the current status of the Vail Valley Medical Center Master Plan and the South Frontage Road traffic improvements. This report will cover the following topics: • Background • Current status of the Vail Valley Medical Center Master Plan • Revised schedule of review of the VVMC MP • Current status of the South Frontage Road Traffic Improvements • Next steps As this is intended to be an update on the Master Plan and Traffic Improvements, the Vail Town Council is not expected to take any action on this item. If, however, based upon the information shared in the update there are issues of question or concern to the Town Council, staff is requesting the Town Council shares those questions or concerns so that the staff and applicant can be prepared to respond at a future public hearing on the Master Plan. II. BACKGROUND A. Vail Valley Medical Center Master Plan On April 21, 2014, the Vail Valley Medical Center (VVMC) submitted an application to the Town of Vail Community Development Department requesting an amendment to the Vail Land Use Plan and the adoption of a master plan for the VVMC campus, located at 281 West Meadow Drive. The application was submitted in response to direction provided by the Vail Town Council based upon VVMC's intent to pursue a redevelopment project on their property. Upon doing so, the Vail Town Council forwarded a list of expectations/requirements that the 12/2/2014 community asked to see addressed in the plan. A copy of that list has been attached for reference. B. South Frontage Road Traffic Improvements The Town of Vail, the Vail Valley Medical Center, and to a lesser degree, the Evergreen Lodge, are actively pursuing redevelopment scenarios for their respective properties. With that in mind, a design team was formed to discuss the possible redevelopment scenarios and likely implications. The team includes representatives from the Town staff, VVMC, and the Evergreen, along with consulting traffic engineers and designers. The team has been meeting to identify options for South Frontage Road improvements. The improvements are intended to facilitate the needs of redevelopment projects within the area and to ensure safe and efficient traffic flow on South Frontage Road. Improvements to the South Frontage Road are a shared goal of the three affected property owners. It is clearly understood by all that due to the expected increases in traffic volumes and the property owner's desire to reconfigure existing entrance and exit points, improvements to the current South Frontage Road are needed. It is further understood that the current design of the South Frontage Road in the vicinity of the three properties will not accommodate future traffic demands and circulation. A number of project givens were established to aid in the design of a preferred traffic improvement solution for the South Frontage Road. Project givens include: • Minimum Level of Service C, as contemplated by the Town's adopted transportation master plan. • Two, through -traffic lanes (eastbound/westbound) to accommodate projected traffic volume (+/- 150' to 160' dia.) • Must meet minimum CDOT design and access standards • Right-in/Right-out Only traffic movements will be implemented • Minimize the amount of negative impacts to the adjacent property owners • Design will accommodate semi -tractor trucks and trailers up to WB 67 • The design solution must be implementable over time • Must address traffic volumes projected over the next 20 years In total, the team has identified no fewer than ten options for consideration with multiple iterations of each. The options range from full movement t -type intersections, to a horseshoe -shaped turnaround ('/2 roundabout), to full circular roundabouts with access points, full circular roundabouts without access points, and temporary short term fixes with subsequent permanent long term solutions. The team also explored options that did not include a roundabout design. As a result of the team's efforts, a possible preferred option is beginning to take shape. Town of Vail 12/2/2014 Page 2 On September 2, 2014, the Town staff provided the Vail Town Council with an update on the purpose of the project and the steps that were underway to evaluate and recommend a preferred alternative for addressing the need for traffic improvements on the South Frontage Road. The Town Council instructed the staff to ensure that the recommended alternative generally meets the needs of all the directly affected property owners and a strategy for implementation accompanies the recommendation. On October 10, 2014, the Town staff, on behalf of the Town of Vail, hosted a neighborhood informational meeting on the progress of the South Frontage Road Traffic Improvement design process. In all, approximately 15 interested parties attended the meeting held in the Community Room in the Vail Public Library. The most significant takeaway from the neighbors in attendance was the importance of designing a traffic solution that facilitated the relocation of the main entrance to the VVMC campus and removed vehicle traffic (including ambulances) from West Meadow Drive. III. Current Status of the Vail Valley Medical Center Master Plan The review process of the VVMC MP with the Planning & Environmental Commission has been underway for more than 5 months. In that time, a number of key issues and concerns have been discussed. In several instances the key issues appear to have been addressed. Other issues, especially those of greater complexity, like the emergency helipad location for instance, discussions continue. Additionally, new issues that were not foreseen when the application was first submitted have come to light. The most obvious example of which being the idea of a land exchange by and between VVMC and its immediate neighbors, the Evergreen Lodge and/or the Town of Vail. The emergency helipad design and location has drawn the greatest amount of attention and community participation at the public hearings. However, issues such as loading & delivery and removing vehicular traffic from West Meadow Drive remain a very close second. According to the draft plan, the existing emergency helipad which is located on the north side of the South Frontage Road immediately west of the Town' s community recycling center would be relocated to the VVMC campus. The proposed emergency helipad design and operation has been closely scrutinized by aeronautical experts hired by VVMC, the Town, and the adjacent property owners for compliance with FAA standards and recommended guidelines. The proposed design was recently modified in an attempt to address the concerns of several adjacent property owners. Their concern, in part, was the proximity of the helicopter flight path to their residences. The modified design places the flight path in greater alignment with the 1-70 right of way and away from the South Frontage Road right of way. As presented, the elevated emergency helipad would sit atop a +/- 80 foot tall tower generally located on the northwest corner of the VVMC property along the South Frontage Road. Town of Vail 12/2/2014 Page 3 IV. Revised Schedule of Review of the VVMC MP Upon submittal of the application for the adoption of the VVMC MP a schedule of review was established. The schedule was widely distributed to ensure persons interested in participating in the public process were informed in advance of the meetings. As established, the schedule ensured proper public notification of the review of the application and identified topics to be addressed by the applicant and the Commission at each of the upcoming meetings. Given the vast number of issues and the complexities of the topics, the review schedule was broken down into more manageable pieces with an end date for the review prescribed. An end date to the schedule was a significant consideration of the Town staff and the Commission to avoid the likelihood that the review would go on seemingly without end, leaving the applicant and public frustrated by the Town's process. A revised schedule for review of the VVMC MP is needed. Given the value of time, the seasonality of construction and the importance of providing necessary health care services when the demand is the greatest, the west wing expansion on the VVMC needs to begin in late spring/early summer 2015. The conversations and negotiations around a potential land exchange have significantly increased the time needed to complete the VVMC MP. But for a change in schedule, the idea of the land exchange would not be possible. In order to construct the west wing expansion an approval of an amended conditional use permit is required. To facilitate VVMC's intended schedule the conditional use permit application must be submitted in January 2015. The revised schedule of review has the west wing expansion conditional use permit now being reviewed concurrently, rather than sequentially, with the VVMC MP. As established, the revised schedule also ensures the adoption of the VVMC MP prior to the issuance of a building permit for the west wing expansion. In sum, the revised review schedule continues to ensure that the recommendations of the Master Plan are incorporated and implemented in the construction of the west wing expansion. V. Current Status of the South Frontage Road Traffic Improvements As the Town of Vail and the Vail Valley Medical Center actively pursue possible redevelopment scenarios for their respective properties off site impacts such as traffic improvements to the South Frontage Road must be considered. While no final decisions have been made to date, a substantial amount of time and design effort has gone into identify potential options for Frontage Road improvements. A design solution which is generally supported by all directly affected parties is coming together. That solution includes the construction of a full roundabout in the approximate location of the west entrance into the Town of Vail Municipal Site. This current solution Town of Vail 12/2/2014 Page 4 adheres to all of the project givens identified at the onset of the design discussion. Additional design work is presently underway to provide each of the affected parties with adequate information to make more informed decisions going forward. The traffic engineers are currently developing a strategy for implementation of the improvements. The strategy will likely require modifications to the existing conditions along the South Frontage Road until the permanent improvements can be constructed. In developing the strategy, important factors such as traffic volumes, turning movements, levels of service, availability of an emergency helipad, compliance with CDOT standards, timing of construction, etc. are all being taken into account. The Vail Town Council will eventually be charged with selecting a preferred solution. Once determined, the preferred South Frontage Road traffic improvement will be documented in amendments to Vail's Transportation Master Plan and the Lionshead Redevelopment Master Plan, and the adoption of the Vail Valley Medical Center Master Plan. Through it's inclusion in the Town's various planning documents, future applications for development review will be evaluated for compliance with the recommendations of the Plans. The more a development application complies with the recommendations of Town's planning documents and development objectives, the more likely it is to be approved by the Town's Boards and Commissions. VI Next Steps The process of amending and adopting the Master Plans and determining the preferred South Frontage Road traffic improvements is far from over. A number of important steps still remain. At this point, next steps include: • Continue to discuss and negotiate a possible land exchange for the betterment of all parties involved (due to an existing use restriction with a reverter clause on the VVMC property discussions with Vail Resorts are required) • Continue to refine and develop the design options for the South Frontage Road for further study and consideration • Initiate a public review process to gain feedback and input from the public on the possible options and solutions for the South Frontage Road traffic improvements • Develop a strategy for implementation of the improvements (i.e. sequencing of construction, cost allocation, funding, CDOT review and approval, trigger points for implementation, etc.) • Continue to pursue the adoption of the VVMC MP (the next public hearing of the PEC is set for January 12, 2015) • Initiate the review process for the west wing expansion conditional use permit • Amend the Vail Land Use Plan, Vail Transportation Master Plan, Lionshead Redevelopment Master Plan and adopt the VVMC Master Plan Town of Vail 12/2/2014 Page 5 Attachment A Planning Considerations There are many planning considerations that will go into the creation of the VVMC Master Facilities Plan. As previously stated, many of those considerations will be relevant to VVMC only and bear little, if any, relevance on the Town of Vail. In an effort to begin discussions with VVMC's master planners, a list of planning considerations relevant to the Town of Vail and the immediate neighborhood has been developed. The list includes: • Provide for a future emergency air ambulance helipad on the hospital site. • Provide for adequate on site loading and delivery services which minimizes negative impacts on the neighborhood. Special consideration should be given to relocating this use to gain access to the VVMC Campus from the South Frontage Road. • Address emergency vehicle circulation to and from the site. • Address patient and employee vehicle circulation with an emphasis on use of the South Frontage Road for primary access. • Minimize the number of vehicle trips on West Meadow Drive to improve the pedestrian experience along the street • Provide for pedestrian circulation N/S through the hospital site to connect the South Frontage Road with West Meadow Drive. • Reduce the negative impacts of the hospital surface parking lot on the Middle Creek riparian corridor. • The hospital use is currently non -conforming with regard to minimum parking requirements. All future planning should ensure full compliance with the minimum requirements. • Work with the Town of Vail and neighboring property owners to identify the most appropriate location of vehicle access off of the South Frontage Road. This shall also take design options into consideration. • The Town of Vail is willing to consider design and master plan options which include the use of Lot 10 and the Town's municipal center site. • Address the existing zone district designation of the US Bank Building. • Provide opportunities for growth and expansion of the VVMC Campus to ensure the growing health care needs of the medical center and the community are met. • Address the mechanical equipment needs of medical center are met on site and seek to minimize any unintended consequences. Town of Vail 12/2/2014 Page 6 VVMC Master Plan and South Frontage Road Traffic Improvements Update Vail Town Council December z, Zoi4 r � UPDATE Background Current status of the Vail Valley Medical Center Master Plan Revised schedule of review of the WMC MP +Current status of the South Frontage Road Traffic Improvements Next steps Process In the end, the Vail Land Use Plan will be amended through the adoption of a new VVMC Master Plan and amendments to the Vail Transportation Master Plan and Lionshead Redevelopment Master Plan. Vail Transportation Master Plan The process has been I underway since May, 2014 and is expected to be completed in early 2015. s Asti AV Irr'IT: wy„ �ig r; ` _ ",1 '• gat_ � f it r � Ylk, i aster P Ia n u At 74 rea,\f c Issues to be Addressed Provide for a future emergency air ambulance helipad on the hospital site. Provide for adequate on site loading and delivery services which minimizes negative impacts on the neighborhood. Special consideration should be given to relocating this use to gain access to the VVMC Campus from the South Frontage Road. Address emergency vehicle circulation to and from the site. Address patient and employee vehicle circulation with an emphasis on use of the South Frontage Road for primary access. ® Minimize the number of vehicle trips on West Meadow Drive to improve the pedestrian experience along the street Provide for pedestrian circulation NIS through the hospital site to connect the South Frontage Road with West Meadow Drive. Reduce the negative impacts of the hospital surface parking lot on the Middle Creek riparian corridor. The hospital use is currently non -conforming with regard to minimum parking requirements. All future planning should ensure full compliance with the minimum requirements. • Work with the Town of Vail and neighboring property owners to identify the most appropriate Yr of vehicle access off of the South Frontage Road. This shall also take design options into consideration. The Town of Vail is willing to consider design and master plan options which include the use of Lot io and the Town s municipal center site. Address the existing zone district designation of the US Bank Building. Provide opportunities for growth and expansion of the VMC Campus to ensure the growing health care needs of the medical center and the community are met. Address the mechanical equipment needs of medical center are met on site and seek to minimize any unintended consequences. _ • 7• f 44 aw Land Ei�aingQ" Under Study IN No q! ? ' •1_ VAP ' Review Process F-,, , :'. � - @-, t Prigiral A."r,%.iOL "INIVE, f tew ice; Pc-mn-% - :%fc A i fied A �wh 4-4 UP F VFlk -�j -:--C Att fg, South Frontage Road OF ICON la FtsvIsed I1-10-14 ............. FULL T' 4 N-1 11-1 t NEON&. 44 1 7r - IN 1 to 167dZi ' - AL - LON, ti & RJLL TOWN OF VAIN VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: December 2, 2014 ITEM/TOPIC: Appointment of four people to fill vacancies on the Commission on Special Events. PRESENTER(S): Patty McKenny, Town Clerk ACTION REQUESTED OF COUNCIL: Council interviewed eleven interested applicants at the work session earlier in the day. BACKGROUND: See information from earlier work session of December 2, 2014 for criteria and applicant names to fill vacancies on the Commission on Special Events. STAFF RECOMMENDATION: Council is asked to appoint four members to the Commission on Special Events to two year terms each, from January 1, 2015 to December 31, 2016. 12/2/2014 Towx of vn' 1[1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: December 2, 2014 ITEM/TOPIC: Commission on Special Events Funding Recommendations PRESENTER(S): Barry Davis, Commission on Special Events Chairman ACTION REQUESTED OF COUNCIL: The CSE requests the Town Council's approval of the 2015 Special Event funding and Tier IV Category: Life Long Learning allocations, as presented. BACKGROUND: The Commission on Special Events funding process for 2015 continued to be based upon the more structured, rigorous and objective strategies developed over the last two years. Hard decisions were again made for both CSE funded events as well as the Tier IV Life Long Learning category, utilizing refined criteria and supported by measurement tools, as well as eliminating funding for under -performing events. The CSE believes this is a strong calendar of events that will continue to drive increased results. ATTACHMENTS: CSE Funding Recommendations 12/2/2014 TOWN OF Memorandum To: Vail Town Council From: Commission on Special Events Date: December 2, 2014 Subject: In the meeting packets, the CSE has provided a spreadsheet outlining Special Events and Tier IV proposals that were approved for funding in 2015. Action Requested: The CSE requests the Town Council's approval of the 2015 Special Event Funding and Tier IV Category: Life Long Learning allocations, as presented. Overview of Event Effectiveness — Measurement Tools: In 2012, in response to questions with respect to the validity and/or methodology of data presented by each individual event producer an Economic Impact Study of all 2012 events was undertaken. The results were felt to fall short in the area of event attendance — a key variable as it relates to bottom line economic impact. This is because different event producers utilize different methodologies to report attendance, thus rendering the data not comparable, and in some cases not reliable. The CSE requested funding from the Town Council in 2013 to contract for a follow-up evaluation that would develop methodology to measure this function ourselves, and provide the CSE, and therefore the Town of Vail, accountability for this key data. It will have the added benefit of allowing our producers to focus entirely on event development, marketing and execution, both operationally and financially. The results of these two initiatives continue to provide an excellent base measurement of the economic impacts contributed by special events. The fundamental on-going tools now consist of monthly and bi-weekly DestiMetrics reports, Sales Tax data, the on-going Intercept studies providing both qualitative and quantitative data for individual events, the two year Economic Impact Study conducted by RRC, parking data, as well as keeping our finger on the pulse of the merchant/hotelier/restaurateur community. In addition, the `scorecard' and its support tools such as the `marketing checklist' are now structured to be more dynamically employed tools. Less obviously, quantitative measures such as brand strength, marketing expertise, media leverage, and community integration continue to be monitored and measured against established objectives. 12/2/2014 Independent, 3rd Party Surveys: All events receiving public funding are required to submit a post -event recap summarizing the event's strengths and weaknesses, contributions to the Vail economy and community benefits. The CSE continues to be challenged by data that is inconsistently reported from one event to another. As a result, the board has decided to take over the collection of recap data for all events funded at greater than $10,000 and has set aside $50,000 of the event budget for that purpose. The CSE proposes to contract with RRC, as an extension of the event evaluation analysis described above. This will provide ongoing, independent 3rd party research based on a common denominator methodology. The funding process for 2015 events continued to be based upon the more structured, rigorous and objective strategies developed over the last two years. Hard decisions were again made utilizing refined criteria and supported by measurement tools as described above and under -performing events were eliminated. The CSE believes this is a strong calendar of events that will continue to drive increased results. 2014 Successes: In light of the CSE's continuing commitment to provide additional consideration to events proposed for Lionshead, the Colorado Grand stood out once again as an event that delivered strong economic benefit to the Lionshead business community. The Vail Summer Bluegrass Series will return in 2015 following its enthusiastically received debut season that established a new Wednesday night series based on the successful Thursday night Jazz at Vail Square series. A significant cost benefit was realized by sharing the tent in Arrabelle over both nights. The Top Shelf Harvest event, highlighting Colorado spirits and local chefs, debuted to rave reviews and kicked off the 2nd highly successful year for Vail/Beaver Creek Restaurant Week. Working with the Vail Valley Theater Company, it created a fun speakeasy atmosphere on a late September afternoon in Lionshead. New and Exciting for 2015: FIPS Mouche World Youth Fly Fishing Championships will make their American debut in August, and are the preview to the World Fly Fishing Championships that will be hosted in Vail in 2016. Capitalizing on the new Ford Park athletic fields, the annual Kick -It 3 v 3 Soccer event will double in size from a "regional" invitational event to a National Championship. Vail Outlier MTB Festival: An enduro mountain bike race in late September will take place on Vail Mountain and will be accompanied by a weekend long world class cycling expo and demo village. Major Road Bike initiative for 2016 TIER IV Category- Life Long Learning: In their first year of reviewing this new category, CSE members were uniformly impressed by the potential of this group of 12/02/2014 CSE 2015 Fun&262 4ary Page 2 applications. They noted that the budget for this new initiative seemed somewhat arbitrarily set at the amount that was requested in 2013, and felt it to be inadequate to deliver the ambitious programming that was proposed. CSE members noted a strong synergy between several of the groups and observed that there exists opportunity for them to work cooperatively to provide the community with extraordinary opportunities focusing on mind, body and soul that contribute to a higher quality of life and experience for both guests and residents. 12/02/2014 CSE 2015 Fun&262 4ary Page 3 2015 Special Event Allocations -Strategic Overview JffjffIJ � 1J r)fI 9AM-6-91 r VAIL• BEAVER CREEK E 1W 1 %P jPQ)JP PQf71L! TOWN OF VAIL Barry Davis Chair, Commission on Special Events Town of Vail I Commission on Special Events 1 12/02/14 2 CSE Purpose The purpose of the Commission on Special Events is to develop and deliver a calendar of events that accomplish the following objectives: 1. Align events with the Vail Brand: Like Nothing on Earth 2. Drive Positive Economic Impact -occupancy - sales tax - group business 3. Generate funding leverage 4. Attract destination guests; from out of state, international and in-state who book overnight rooms 5. Achieve an optimal event calendar 6. Achieve a superior community and guest experience: NPS Ifs PIP41Z[! Town of Vail I Commission on Special Events 1 12/02/14 3 CSE Strategic Plan • Special events contribute to guest satisfaction, increased spending and sense of community. • Event funding decisions will be made in alignment with the strategies supported by the Vail Local Marketing District (VLMD). • Cooperation and communication with other community organizations are essential to the success of the CSE Is program. • Events that receive funding from the CSE must be compatible with the Vail Brand and be of a quality commensurate with Vail Is image as a world-class resort. • The use of measurable criteria in event selection, funding and evaluation is critical to ensuring progress. 12/2/2014 TOWN OF VA i L 1 Town of Vail I Commission on Special Events 1 12/02/14 4 2014 CSE Successes • More optimal calendar management aligned with opportunity • Separate strategy from execution and spend meeting time and resources further upstream • Improve quality and reduce quantity • Razor focus on performance against objectives • Upstream process improvement - better real time evaluation and management - investment in quality of marketing - event content alignment with brand 12/2/2014 TOWN OF VA i L 1 Town of Vail I Commission on Special Events 1 12/02/14 5 2015 Strategic Objectives J< -M S I D -ria -� r ►-r r • Continue to develop and support events and activities that support the Vail Brand: Like Nothing on Earth • Post the 2015 Alpine World Ski Championships: how to best leverage the CSE's role • Attract a younger demographic: incorporating the Millennial and GENX generations into the event selection mix • Continue to support events and activities that encourage stewardship of Vail's natural beauty and deliver outdoor recreational experiences • Continue to support enhanced quality of life from maturing Life Long Learning Organizations 12/2/2014 TOWN OF VA i L 1 Town of Vail I Commission on Special Events 1 12/02/14 6 I' y . i �► - - _ 1� 1 r _ - :IIIIY 1 " F2015 • OF • • FOR SPECIAL CSE Special Event Funds = $800,000 Fireworks funding: $50,000 CSE Admin Budget = $73,036 +Tier IV Funds: $91,800 CSE TOTAL BUDGET: $1,014,836 Event: Producing Entity: Proposed Location: 2015 Dates: 2014 Funds Received 2015 Funds Requested: Grid Score 2015 Funding Allocated CSE Vote: Cassidy abstained/Davis not present for vote Conditions: Resurrection Fighting Alliance Alliance Media Group LLC Dobson or Lionshead Mall TBD $0 $37,000 262 $0 Big Beers, Belgians & Barleywines Festival Laura Lodge Vail Cascade Jan 8-10 $10,000 $40,000 344 $9,500 rk/nw/un 5-0 Pink Vail Vail Valley Medical Center Arrabelle, Lionshead Base, Vail Mtn 21-Mar $10,000 $25,000 Tier IV $5,000 rk/nw/bb opp 4-1 Vail Film Festival Colorado Film Festival Hotels & screening venues Mar 26-29 $35,000 $35,000 407 $50,000 mg/nw/un 5-0 Show confirmed minimum add'I sponorship of $70K by 1/15 Taste of Vail Angela Mueller Vail Mountain, Gore Creek Dr, Meadow Dr., LH, Marriott, and restaurants/lodging Apr 8-11 $37,500 $37,500 411 $35,000 rk/mg/un 5-0 Spring Back to Vail Highline Vail Village & Lionshead Mountain base areas, Ford Park & potentially Vail Village Apr 17=19 $35,000 $100,000 446 $40,000 rk/nw/mg (more!) opp 4-1 Vail Whitewater Race Series Alpine Quest Sports LLC Vail Village Covered & International Bridges Tuesdays: 5/12,19,26 + 6/2,9 $5,000 $10,000 316 $5,000 rk/nw/un 5-0 Feast! Vail Highline Vail Village and/or Lionshead Village May 22-25 $85,000 $100,000 354 $0 Funkstival Lakeside Stride LLC w/support of Lionshead Merchants Association Lionshead Ski Base or GRFA May 23-24 $0 $80,000 380 $0 Vail Valor Races; Valor Running & Fitness Expo Speckled Hound Consulting Tentative: Manor Vail, Solaris, Vail Mountain Lodge, Mountain House; Golden Peak/Larkspur (dog). Based on Feast! Vail venues May 24-25 $10,000 $10,000 326 $10,000 rk/ja/un 5-0 Go Pro Mountain Games Vail Valley Foundation International Bridge, Checkpoint Charlie, Golden Peak, Mountain Plaza Jun 4-7 $100,000 $110,000 504 $85,000 rk/ja/un 5-0 King of the Mountain Volleyball Leon Fell Vail Athletic Field, Eagle-Vail Soccer/Softball fields Jun 19-21 $15,000 $15,000 409 $15,000 rk/nw/un 5-0 Vail Kids Adventure Club Blue Creek Productions Lionshead Mall/Vail Square at Arrabelle Saturdays: 6/20,27; 7/11,18,25; 8/1,8 $20,000 $20,000 360 $20,000 rk/ja/un 5-0 Change name to eliminate confusion w/Kids Adventure Games Vail Farmers Market and Art Show Meadow Drive Partnership/Vail Farmers' Market Meadow Drive: Vail Road to Covered Bridge; West side of Willow Bridge Road Sun: Jun 21-Oct 4 $35,000 $48,500 405 $35,000 (wants Fri nts.) No Fri nt. markets, add 6 Farm to Table dinners Vail Lacrosse Shootout & Colorado corporation d/b/a International Lacrosse Promotions Vail Athletic Field, Vail Mtn School, Donovan Park Jun 27-Jul 5 $15,000 $20,000 441 $15,000 rk/ja/un 5-0 Vail Arts Festival Eagle Valley Events Inc Lionshead Mall; Arrabelle at Vail Square and Gondola Ski Yard Jun 26-28 $10,000 $10,000 304 $10,000 mg/ja/rk opp (no arts fest- competes w/local galleries) 4-1 Vail Summer Bluegrass Concert Series Lakeside Stride: Ariel Rosemberg Lionshead : Vail Square @ Arrabelle Jul 1,15,29 and 8/12 $50,000 $60,000 404 $50,000 rk/ja/un 5-0 Vail America Days- Highline Vail Village and Lionshead 4-Jul $77,500 $100,000 424 $45,000 rk/nw/un 5-0 $301(from fireworks funding + add extra activation Triple Bypass: Finish and Start Team Evergreen Ford Park July 11-12 $0 $10,000 165 $0 Moving ahead with 2016 Kick It 30 Soccer National Championship North American Sports Group Ford Park Fields Jul 31-Aug 2 $40,000 $60,000 454 $55,000 rk/nw/un 5-0 Vail Kids Adventure Games and Billy Mattison w/Vail Recreation District Mtn Plaza, Vail Mtn, Vail Village, Golden Peak, Ford Park, Solaris Plaza, Lionshead Aug 10-16 $35,300 $75,000 409 $44,500 rk/nw/un 5-0 Date change possible The America Cup Fly Fishing Tournament: 14th FIPS Mouche World Youth Fly Fishing Championships John Knight Vail casting competition. Vail lodging. Vail party. Event on county rivers Aug 10-16 $8,500 $25,000 428 $15,000 rk/nw/bb opp 4-1 (no) Vail Rocks Love Hope Strength Solaris Plaza, Vail Mtn TBD-Proposed: 7/31- 8/1, 8/7-8, 8/21-22 $25,000 $30,000 405 $25,000 rk/ja/un 5-0 Tour of Vail Dieter Drake Vail Village August 28-30 $0 $50,000 155 $0 Gourmet on Gore Highline Vail Village Sep 4-7 $45,000 $75,000 425 $45,000 rk/mg/un 5-0 Vail OktoberfeStTM Highline Vail Village & Lionshead Sep 11-13+ 18-20 $42,500 $85,000 394 $45,000 rk/nw/un 5-0 Vail Automotive Classic Vail Valley Concours/Doug Landin Gore Creek Drive, Bridge Street, Mtn Plaza 13-Sep $2,000 $2,500 355 $2,000 rk/ja/un 5-0 Colorado Grand +LHMA Enhancements Tom Horan/Angie Getchel w/LHMA Lionshead Mall, Vail Square at Arrabelle Sep 18-19 $7,500 $10,000 346 1 $10,000 rk/ja/un 5-0 Combined Co Grand and LH Merchants Vail-Beaver Creek Restaurant Week Group 970 Vail Restaurants and Lodges Sep 25- Oct 4 $14,000 $14,000 394 $14,000 rk/ja/un 5-0 Vail Outlier MTB Festival (submitted as Vail Centurion Festival) The Greenspeed Project, Inc. Vail Village, Vail Mountain and Lionshead Sep 25-27 NA $25,000 422 $25,000 rk/mg/un 5-0 Top Shelf Harvest Eagle Valley Events Inc Arrabelle at Vail Square and Lionshead Mall 26-Sep $20,000 $30,000 337 $20,000 rk/ja/un 5-0 Vail Valley Cup: Cindy Eskwith Memorial Soccer Tournament Vail Valley Soccer Club Various fields throughout Eagle County Oct 2-4 $0 $10,000 357 $5,000 rk/nw/un 5-0 Avon to match contribution (srn 11/18-waived: in-kind from Avon- 60% hotel stays in Vail) Vail Snow Daze Highline Solaris, Vail Village, Vail Mtn and Lionshead Dec 7-12 (tentative) $45,000 $100,000 458 $40,000 rk/mg/bb opp (not enough) 4-1 Vail HoIlDaze Highline Vail Village and Lionshead Dec 16-21 and 31 $55,000 $90,000 388 $25,000 nw/rk/un 5-0 $20K from Fireworks funding: event funding shall cover holiday tree lighting and ancillary events including torchlight ski down Fireworks funding-designated by Council TOV $30,000 America Days/$20,000 NYE Jul 4 and NYE NA $50,000 TOTAL: $1,512,500 $850,000 CSE Special Event Funds Remaining: $0 2015 TIER IV Funding: Life Long Learning Tier IV Funds Available: $91,800 2015 Funds Total: 2015 Funding Event: Producing Entity: Proposed Location: 2015 Dates: Start Date: Requested: Grid Score Allocated Davis not present for vote 11/12 Starting Hearts Lynn Blake/Starting hearts Various 2015 1-Jan $15,000 NA $6,000 rk/nw/un 6-0 Sonnenalp Hotel/All activities within the Town of Vail- add components Vail Living Well: Longevity Forum DiscoverWell open to the public Sept 10-12 10-Sep $10,000 $6,000 rk/ac/un 6-0 Vail Veteran's Program Vail Veteran's Program Various March 1-5 1-Mar $20,000 $13,800 rk/ja un 6-0 Vail Symposium Vail Symposium Various- Vail Programming only Jan 1- April 10-Jan $45,000 $35,000 rk/nw/un 6-0 Applied Leadership Programs in Vail Vail Leadership Institute Various 2014 Programming $60,000 $15,000 rk/ac/un 6-0 Peak Wellness Retreat: Women's Weekend and 2 Comp-ft events Peak Wellness Retreat Various May-Oct 2014 $50,000 $15,000 rk/nw/bb opp 5-1 Vertical Express Can Do MS Vail Mountain February 21 21-Feb $10,000 $1,000 rk/nw/un 6-0 TOTAL TIER IV CATEGORY: $210,000 $91,800 Tier IV Funds Remaining: $0 2015 CSE Administrative Budget: $73,036 $73,036 Amount Spent: Admin Funds Remaining: CSE/VLMD Event Liaison Laura Waniuk $20,000 Intercept/Attendance Surveys $49,900 Meetings and other Miscellaneous Expenses $3,136 Administrative Budget Remaining: $0.00 $73,036 e t 12/2/2014 02015 CSE Funded Events TOWN OF VAIL Commission on Special Events Category Key: Community & Charity Sports/ Tournaments Culinary Music Festival Ambient TIER IV JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Big Beers, Belgians Vail Whitewater Race Series World Youth Fly US Fly Fishing & Barleywines Pink Vail Taste of Vail Tuesdays: Vail America Days Fishing Gourmet on Gore Championships Snow Daze Festival 3/21 4/8-4/11 5/12-6/9 7/4 Championships 9/4-9/7 10/1-10/4 12/7-12/12 1/8-1/10 8/10-8/16 GoPro Mountain Oktoberfest Vail Valley Cup Cindy Vail Film Festival Spring Back to Vail Vail Valor Races Vail Summer Bluegrass Concert Series Lionshead, 9/11-13 Eskwith Memorial HoliDaze 3/26-3/29 4/17-4/19 5/24-5/25 Games Weds- 7/1, 7/15, 7/29 and 8/12 & Vail Village Tournament 12/16-21; 12/31 6/4-6/7 9/18-9/20 10/2-10/4 Vail Rocks! Vail Lacrosse Kids Adventure 7/31-8/1 Vail Automotive Tournament Games 8/7-8/8 Classic 6/15-18 8/5-8/9 8/21-8/22 9/13 8/28-8/29 King of the Mountain Kick It 3x3 soccer Colorado Grand + Volleyball 7/31-8/2 LHMA 6/19-6/21 9/18-9/19 Vail Lacrosse Shootout Vail's Top Shelf 6/27-7/5 Harvest 9/26 The Outlier MTB Vail Arts Festival Festival 6/26-6/28 9/25-9/27 8/28-8/30 Vail Kids Adventure Club in Lionshead Vail/Beaver Creek 6/20, 6/27; 7/11, 7/18, 7/25; 8/1, 8/8 Restaurant Week 9/25-10/4 Vail Farmers' Market Sundays, Father's Day thru 1st week in October (6/21-10/4) Vertical Express for Vail Veterans Vail Living Well: Can Do MS Programs Winter Longevity Forum 2/21 3/1-3/5 9/10 Peak Wellness Retreat: 5/1-10/30 Leadership Institute: Life Long Learning Programs - 1/1-12/31 Starting Hearts 2015 Vail Symposium Winter Programs 12/1/14-4/15 12/2/2014 Towx of vn' 1[1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: December 2, 2014 ITEM/TOPIC: First reading of Ordinance No, 20, Series 2014, an Ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund, Heavy Equipment Fund and Timber Ridge Enterprise Fund. PRESENTER(S): Kathleen Halloran, Finance Director ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Ordinance No. 20, Series 2014 BACKGROUND: Please see attached memo STAFF RECOMMENDATION: Approve or approve with amendments Ordinance No. 20, Series 2014 ATTACHMENTS: Ord 20 Supp 12/2/2014 TOWN OF IVAIL"" TO: Vail Town Council FROM: Finance Department DATE: December 2, 2014 SUBJECT: 2014 Budget Amendment — Ordinance No. 20, Series 2014 I. SUMMARY Staff is requesting approval of Ordinance No. 20 upon first reading, the third budget supplemental appropriation this year. II. DISCUSSION General Fund Budgeted revenue has been increased by a total of $1,466,171. This includes adjustments to revenue relating to reimbursements directly offset by corresponding expenditures: $58,171 reimbursement for deployment to four separate wildfires will cover the town's personnel costs for those incidents; $15,000 of contributions raised from the Friends of the Library will be used toward the purchase of equipment for the Vail Town Library such as laptops, ipads and a storage container with plans to increase use of the lower level classroom; in addition those funds will be used for the Friends of the Library annual fundraising effort. $3,000 of state grant funding will offset children's library materials purchased during the year. The remaining $1,390,000 increase to revenue will come from construction permits ($1.0 million), plan check fees ($290,000) and RETT collection fees ($100,000) based on actual collections so far this year. An overall expenditure increase of $239,171 is requested, with $76,171 relating to the reimbursements mentioned above. Other expenditure adjustments include $47,000 of plan check services provided by Safebuilt, reimbursed with the above increase in plan check revenue. Staff is requesting $35,000 of overtime expense for bus service due to a staffing shortage in January -April of this year. The Fire department staffing challenges that were discussed during the 2015 budget process along with an unexpected sick leave and departure of the Chief have resulted in a request for additional personnel budget dollars. Specifically, staff estimates that the Fire department will need $10,000 in salary expense, $27,000 in overtime and $44,000 in seasonal salary expense. The staffing shortage has been backfilled by both full time fire employees as well as seasonal/part-time fire residents. Total adjustments to the General Fund result in net increase of $1,227,000 in additional revenue, with the resulting fund balance projected at $16.7 million at the end of 2014. 12/2/2014 Capital Projects Fund Budgeted revenue has been increased by a total of $1,714,805. This includes an increase to Construction Use Tax ($300,000) and Employee Housing Fee in Lieu ($361,805) based on actual collections year-to-date. The revenue received as a reimbursement from the Vail Reinvestment Authority is proposed to increase by $1,045,000 to coincide with the project budgets that were adjusted earlier in the year, mainly the 1-70 Underpass project. Staff is requesting an overall increase of $69,000 in budgeted expenditures: • $54,000 for fiber optic cabling between Golden Peak and Solaris, which will facilitate increased service of connectivity during large special events such as the 2015 World Alpine Championships, Burton US Open and others. • $15,000 increase to the Energy Enhancement project based on final contract for work as approved by Council in May • Savings in the Lionshead Parking Entry project budget will be requested to offset additional funds needed for the Parking System project to compensate for technology infrastructure, networking, servers and cabling that was not anticipated in the original budget provided by the vendor. With the project just completed last week, staff plans to bring a final cost estimate during the second reading of this ordinance. • $30,000 of savings in the Web page / E-commerce project is requested to offset the Computer Hardware budget for the Omnicube server replacement project. Total adjustments to the Capital Projects Fund result in net revenue of $1,645,805, with the resulting fund balance projected at $15.5 million at the end of 2014. Real Estate Transfer Tax (RETT) Budgeted revenue has been increased by a total of $1,355,500. This includes an increase to RETT Tax ($1.0 million) and Recreation Amenity Fees ($328,000) based on actual collections year-to-date. The remaining $27,500 is an adjustment to revenue relating to reimbursement from Eagle County rebates / E -Waste revenue to offset corresponding expenditures in environmental programs (Zero Hero and E -Waste services). Staff requests an increase to budgeted expenditures totaling $825,500, with $27,500 relating to reimbursement listed above: $250,000 for the purchase and installation of new recycling containers at all town locations not already equipped. Examples include all town bus stops and other locations throughout town $177,000 additional funds for the Public Restroom facility in Ford Park as approved by Council on 10/7/14 $146,000 additional funds for the Ford Park Playground improvements as approved by Council $100,000 RETT collection fee paid to the General Fund (5% fee for administering the collection and use of funds) based on year-to-date revenue. • $75,000 for the design and planning of a permanent skate park at the "Atrium" site in the Lionshead parking structure based on Council's direction 11/18/14. Staff recommends leaving the budget intact for a replacement of the temporary skate park structure until a permanent park is finalized. • $50,000 for repairs to the Gymnastics Center due to an unexpected foundation leak that required immediate attention. Town of Vail 12/2/2014 Page 2 Total adjustments to the RETT Fund result in net revenue of $530,000, with the resulting fund balance projected at $3.4 million at the end of 2014. Dispatch Services Fund $7,500 was collected by the Dispatch Center from Nomad, the vendor who built the Mobile Communications vehicle, to offset the same amount of expenditure for equipment and outfitting of the vehicle. The overall cost of this vehicle ($321,000) came in at budget and was paid for with a 50% cost -share from participating public safety agencies and the E911 Board. Heavy Equipment Fund Staff is requesting $26,000 for an unanticipated increase in cost for a sweeper. Total cost for the sweeper is $258,900. Timber Ridae Enterprise Fund During 2014, this enterprise fund was created to account for the transfer of ownership for the 10 acre property at Timber Ridge at the end of January. The Timber Ridge Affordable Housing Authority (TRAHC) which previously owned the property has been dissolved. The eastern half of the property is under lease to Lion's Ridge Apartment Homes with no lease payment for ten years. The Timber Ridge Enterprise Fund therefore now includes only the operating budget for the western half of the property. The following budget adjustments reflect the resulting reduction in operations from the original 2014 budget which had assumed full operations. Revenue: 96 units remain on the western side with 54 units under master lease to Vail Resorts; 41 units available for individual leases; and one unit permanently out of the rental pool. Rental income has been adjusted down by $496,875 for the decreased inventory, and adjusted down another $3,150 for three units impacted by a recent boiler leak. Those three units will be inhabitable for one month for repairs and remediation of mold. Operating Expenditures are reduced by a net of $72.2K mainly due to the reduced size of the property including the management fee paid to Corum Real Estate Group; payroll; general repairs and maintenance; property insurance (now covered by the town's CIRSA risk pool) and utilities. Capital Outlay: The 2014 proposed amended budget includes $866,294 for upgrades to 41 units that have been completed in 2014 along with critical external repairs such as post replacements, deck repair/replacements, eave and roof extensions, foundation extensions and grading on the north side of the property. An additional $35,000 will be needed for repairs to the three units impacted by a boiler leak (and subsequent mold damage), which will be offset by a $30,000 savings in this account for fire panel upgrades (a net $5,000 is requested as part of this budget supplemental). Adjustments to the Timber Ridge Fund result in a net decrease of $1,330,992, with the resulting fund balance projected at $659,401 at the end of 2014. Town of Vail 12/2/2014 Page 3 TOWN OF VAIL 2014 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE GENERALFUND 2014 2014 Original 1st 2014 2nd 2014 3rd Proposed Budget Supplemental Amended Supplemental Amended Supplemental Amended Comments Revenue Local Taxes: $ 22,000,000 $ $ 22,000,000 $ 1,100,000 $ 23,100,000 $ 23,100,000 Sales Tax Split b/t Gen'I Fund & Capital Fund 62/38 62/38 62/38 62/38 Sales Tax $ 13,640,000 $ $ 13,640,000 $ 682,000 $ 14,322,000 $ 14,322,000 Property and Ownership 4,465,000 111,500 4,353,500 - 4,353,500 4,353,500 Ski Lift Tax 3,782,000 3,782,000 3,782,000 3,782,000 Franchise Fees, Penalties, and Other Taxes 1,041,550 75,000 1,116,550 1,116,550 1,116,550 Licenses & Permits 1,342,801 1,342,801 1,342,801 1,290,000 2,632,801 Based on YTD collections Intergovernmental Revenue 1,741,234 35,200 1,776,434 32,073 1,808,507 61,171 1,869,678 $58K Reimb for fire deployments; $3K state grant for Library Transportation Centers 3,839,680 3,839,680 3,839,680 3,839,680 Charges for Services 770,397 770,397 770,397 100,000 870,397 Based on YTD collections Fines & Forfeitures 276,274 276,274 276,274 276,274 Earnings on Investments 110,000 110,000 110,000 110,000 Rental Revenue 840,896 840,896 840,896 840,896 Miscellaneous and Project Reimbursements 107,000 107,000 1 14,000 121,000 15,000 136,000 Friends of the Library grant dollars utilized below Total Revenue 31,956,832 (1,300) 31,955,532 728,073 32,683,605 1,466,171 34,149,776 Expenditures Salaries 14,749, 617 17,200 14,766,817 14,766,817 171,663 14,938,480 Benefits 5,189, 962 5,189,962 5,189,962 5,189,962 Subtotal Compensation and Benefits 19,939,579 17,200 19,956,779 - 19,956,779 171,663 20,128,442 Contributions and Special Events 1,445,698 50,000 1,495,698 6,500 1,502,198 1,502,198 All Other Operating Expenses 7,045,454 140,700 7,186,154 93,073 7,279,227 67,508 7,346,735 Heavy Equipment Operating Charges 2,365,254 2,365,254 2,365,254 2,365,254 Heavy Equipment Replacement Charges 553,826 553,826 553,826 553,826 Dispatch Services 590,961 590,961 590,961 1 590,961 Total Expenditures 31,940,772 207,900 32,148,672 99,573 32,248,245 239,171 32,487,416 Revenue Over (Under) Expenditures ML 16,060 Castle Peak Senior Care Facility - (200,000) (200,000) (200,000) (200,000) 2015 World Alpine Ski Championships (250,000) (250,000) (250,000) (250,000) Pro -cycling event (75,000) (75,000) (75,000) (75,000) 2015 Nation's Event (375,000) (375,000) (375,000) (375,000) Burton US Open (400,000) (400,000) (400,000) (400,000) Council Contributions - Tier IV (75,000) (75,000) (75,000) (75,000) Surplus Net of Transfers & New Programs (1,158,940) (409,200) (1,568,140) 628,500 (939,640) 1,227,000 287,360 Beginning Fund Balance 14,361,136 2,040,836 16,401,972 16,401,972 16,401,972 Ending Fund Balance $ 13,202,196 $ 14,833,832 $ 15,462,332 $ 16,689,332 EHOP balance included in ending fund balance - not spendable $ 690,000 $ 690,000 $ 15,382 $ 705,382 TOWN OF VAIL 2014 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND 2014 2014 Original 1st 2014 2nd 2014 3rd Proposed Budget Supplemental Amended Supplemental Amended Supplemental Amended Comments Revenue Total Sales Tax Revenue: $ 22,000,000 $ 22,000,000 $ 1,100,000 $ 23,100,000 $ 23,100,000 Sales Tax Split between General Fund & 62/38 62/38 62/38 62/38 Capital Fund Sales Tax - Capital Projects Fund $ 8,360,000 $ 8,360,000 $ 418,000 $ 8,778,000 $ 8,778,000 Use Tax 1,000,000 1,000,000 500,000 1,500,000 300,000 1,800,000 Based on YTD actual Federal Grant Revenue 240,000 240,000 240,000 240,000 2013: 'Matterhorn bridge grant Other State Revenue - 475,000 475,000 29,000 504,000 504,000 CDOT share of funding for 1-70 Underpass; $29K NWCOG grant to fund an Emergency Operations Center at the W. Vail F.S; Lease Revenue 197,295 197,295 197,295 197,295 Per Vail Commons commercial and residential leases Employee Housing Fee -In -Lieu - 361;805 361,805 Based on YTD actual $90K contribution to Mobile Comm Van from external agencies ($27.5K received in Project Reimbursement - 90,000 90,000 153,200 243,200 243,200 2013); Reduce budget by $16.8K of Mobile Comm Van funding that will come from Transfer as show below from prior year's capital contributions from the E911 Board; $170K Holy Cross grant for lighting replacment (LEDs) TRAHC 494,466 494,466 494,466 494,466 Principal and interest on loans to TRAHC Earnings on Investments and Other 36,229 36,229 36,229 1 36,229 Total Revenue 10,327,990 565,000 10,892,990 1,100,200 11,993,190 661,805 12,654,995 Bus Shelters 30,000 30,000 30,000 30,000 Annual maintenance Parking Structures 620,000 620,000 620,000 620,000 Various repairs including deck topping replacement, expansion joint repairs, ventilation, HVAC, plumbing and other structural repairs Re -appropriate to cover Buzzard Park repairs such as boiler replacement, exterior Facilities Capital Maintenance 491,000 112,563 603,563 603,563 603,563 paint and window replacement; General project covers repairs to town buildings including the upkeep of exterior (roofing, siding surfaces, windows, doors), interior finishes (paint, carpet, etc), and mechanical equipment (boilers, air handlers, etc). Donovan Park Pavilion 50,000 8,670 58,670 58,670 58,670 2013: $50K furniture replacement; 2014: Re -finish floors Street Light Improvements 50,000 246,000 296,000 296,000 296,000 New street lights and to refurbish residential lighting; Accelerated replacement approved by Council April 1 st; Capital Street Maintenance 981,200 - 981,200 981,200 981,200 On-going maintenance to roads and bridges including asphalt overlays, patching and repairs Use remainder of $148K in reimbursement from ERWSD collected in 2012 to Flood incident repairs - 105,436 105,436 105,436 105,436 continue flood repair projecst; Replacement of Bighorn Creek culvert along Spruce Way to coincide with ERWSD relocation of water main infrastructure at same location Fire Truck Replacement 620,900 - 620,900 620,900 620,900 2014 replace pumper truck from 1999 Re -appropriate for replacement of entire A/V system at Donovan originally planned Audio Visual Capital Maintenance 10,000 19,937 29,937 29,937 29,937 for 2013; $1 OK annual mtce/replacement of audio-visual equipment in town buildings such as Municipal Bldg; Grand View, LH Welcome Center, etc. 2014 includes $120K for 24 new cameras in preparation for the 2015's plus $1 OK Town -wide camera system 130,000 - 130,000 130,000 130,000 for annual capital maintenance of 89 cameras already throughout town (includes municipal public buildings; 6 cameras currently in Vail Village); Recorders cost $7- 8K each; cameras range from $800 - $3800 each; Document Imaging 30,000 39,979 69,979 69,979 69,979 Re -appropriate for additional storage device; Annual maintenance and upgrades; Software Licensing 48,000 48,000 48,000 48,000 Annual renewal of software licenses Upgrade Microsoft products on all equipment; renew licenses in future; $135K Hardware Purchases 50,000 50,000 135,000 185,000 30,000 215,000 supplement requested to replace Intel platform with a new virtual server chassis environment of three "Simplivity Omincubes"; Transfer $30K from Web Page/E- commerce savings F�ffi .Mr TOWN OF VAIL 2014 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND 2014 2014 Original 1st 2014 2nd 2014 3rd Proposed Budget Supplemental Amended Supplemental Amended Supplemental Amended Comments Copier replacement 10,000 10,000 10,000 10,000 Replace 8 -yr old equipment with copier/printer/fax/scanner Data Center (Computer Rooms) 15,000 - 15,000 15,000 15,000 Based on annual replacement schedule of security and power systems for 3 computer rooms Website and e-commerce 12,000 30,000 42,000 42,000 (30,000) 12,000 Re -appropriate a portion to implement e-commerce; Internet security & application interfaces; Transfer $30K savings to Computer Hardware Web access to town GIS information (similar to County's website GIS product); Comm Dev ArcGIS System - 14,000 14,000 14,000 14,000 2014 expenditure to replace the server used for the software as final step in implementation Cabling / Network Infrastructure; to repair, maintain & upgrade; Replace cabling in VTC, Public Works and Fire Station 1 in 2013; QMoE fiber ring in 2013 (Fiber to Fiber Optics in Buildings 62,000 30,726 92,726 92,726 54,000 146,726 connect our town office locations and prepare for new phone system) 2013 project delayed from 4G DAS build with Crown Castle; scheduled for 2014; $54K for connection between Golden Peak and Solaris Network upgrades 40,000 - 40,000 40,000 40,000 Computer network systems - replacement cycle every 3-5 years; replacement of switches and routers Phone System Infrastructure - 116,602 116,602 116,602 116,602 Replace infrastructure for 15 -year old phone system; Work started in 2013 Annual capital maintenance of "County -wide "Computer Aided Dispatch/Records Public Safety System 50,000 - 50,000 50,000 50,000 Mgmt System"; includes patrol car and fire truck laptops and software used to push information to TOV and other agencies; TOV portion of annual Intergraph software maintenance Upgrade AMI 610 equipment to make operational (the station has been down for Public AM Radio - - 5,900 5,900 5,900 approx. 1 year); This channel provides road and parking conditions, etc. to the public Re -appropriate $131.3K to continue Community Development permitting software Business Systems Replacement - 190,218 190,218 190,218 190,218 project and $58.9K for remainder of Finance system project such as implementation of ecommerce, additional training, etc. Transit Center Generator 200,000 - 200,000 200,000 200,000 Replacement of generator at the Vail Village transit center; includes re -landscaping and re -wiring. LiveScan Fingerprint equipment 28,000 (28,000) - Approved by Council during 2014 budget hearings Oct 1st to purchase in 2013; Removing from 2014 budget Police E -Ticketing system 35,000 - 35,000 35,000 35,000 Electronic ticketing system; reduces data entry done by officers to record physical tickets; will interface with Full Court system Total Maintenance 3,563,100 886,131 4,449,231 140,900 4,590,131 54,000 4,644,131 Enhancement of Town Assets CDOT Required Parking 218,000 - 218,000 218,000 218,000 2014: Vail Village parking improvements per CDOT requirements Remodel, including addition of restrooms and some guest enhancement; Increase Vail Village Info Booth - 1,276,383 1,276,383 260,000 1,536,383 1,536,383 project budget by $260K based on final designs and value -engineering as approved by Council 7/15 Guest Services Enhancements/Wayfinding 1,000,000 2,161,947 3,161,947 3,161,947 3,161,947 Guest Service / Wayfinding enhancements outside of VRA district Main Vail Fire Station - - - - Completed To complete phase II of the project to exchange street lights to LED; $327K Energy Enhancements 221,124 221,124 330,000 551,124 15,000 566,124 includes $170K funded by Holy Cross (see revenue above) and $160K to retrofit lighting to LED technology as approved by Council May 6th; Neighborhood Road Reconstruction - 25,000 25,000 25,000 25,000 East Vail roads; $25K for design for shared project with ERWSD on Rockledge Rd Neighborhood Bridge Reconstruction 300,000 - 300,000 300,000 300,000 2014: Reconstruction of bridges at Nugget Lane and Bridge Rd Replace parking system in both structures (LH parking structure system had been scheduled for replacement in 2006); Better financial reporting and potential to Parking Entry System / Equipment 600,000 600,000 600,000 100,000 700,000 interface with variable message signs and other parking systems across town; Partially reimbursed by VRA ($300K); Transfered $100K from LH Entry project to cover un -anticipated technology infrastructure 12/2/2014 TOWN OF VAIL 2014 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND 2014 2014 Original let 2014 2nd 2014 3rd Proposed Budget Supplemental Amended Supplemental Amended Supplemental Amended Comments Radio Equipment replacement 176,000 - 176,000 176,000 176,000 Previously $693K budgeted in 2014 for replacement of approximately 59 radios for PW, PD and Fire. Adjusted to only include radios purchased over 12 years ago (in 2008 the town replaced a number of radios; these will not be replaced until 2018) Hybrid Bus Battery Replacement 385,000 55,000 440,000 440,000 440,000 Scheduled replacement: 1 in 2013; 7 in 2014; Estimated life of 6 years Replace Buses 45,000 15,002 60,002 60,002 60,002 Re -appropriate for bike rack replacements; 2014: ADA van for on-call pickups Timber Ridge Legal/Zoning - 15,604 15,604 15,604 15,604 Re -appropriate for consultant and legal expenses for the continuation of redevelopment of Timber Ridge Timber Ridge Redevelopment 225,000 225,000 225,000 225,000 Estimate for rockfall mitigation Total Enhancements 2,949,000 3,770,059 6,719,059 590,000 7,309,059 115,000 7,424,059 New Assets Municipal Redevelopment - 33,343 33,343 10,000 43,343 43,343 Re -appropriate $8K and supplement by $25K for additional conceptual design, program analysis and potential legal costs; Per Council 7/15, supplement budget for appraisal of Lot 10 near VVMC parking area, est'd at $10K Welcome Center (VRA) 68,887 68,887 68,887 68,887 Re -appropriate for desk and signage improvements East LionsHead Portal (VRA) - 25,000 25,000 25,000 25,000 Re -appropriate a portion to address street light and snowmelt issues 1-70 Underpass (VRA) 600,000 1,031,586 1,631,586 1,631,586 1,631,586 Re -appropriate from 2013 unused; plus an additional $820K to cover total amount of contract 2014 - 2016; CDOT reimbursements will span several years, with 2014 amount shown above Lionshead Parking Structure Entry (VRA) 2,000,000 164,962 2,164,962 2,164,962 (100,000) 2,064,962 Improve entry area into LH parking structure including booth attendant stations prior to 2015 World Championship; 2013 design; 2014 construction. Per Council contract award added $95K on March 18th; Transfer $100K of project savings to parking system equipment; Entire project reimbursed by VRA (see transfers below) Lionshead Medans (VRA) 1,000,000 (950,000) 50,000 50,000 50,000 Median construction from LH parking structure to Vail Spa; Council cancelled the project; need some funds for bills already incurred; will reduce further when all bills paid Mobile Communications vehicle - 321,000 321,000 321,000 321,000 Budgeted during 2013 to allow for contract to be signed; will pay out funds in 2014 when van is delivered sometime in the fall Chamonix Housing Marketing Study 5,000 7,550 12,550 12,550 12,550 Update Housing Market Stud Buy -down Program - 402,118 402,118 402,118 402,118 Carryforward program funding Buy -down Program Funded by Pay -in-Lieu - 684,814 684,814 684,814 684,814 Carry forward current balance of program funding: Housing funded directly by Pay - in -Lieu fees collected from developers; Includes revenue collected in 2013 ($84.4K) Total New Assets: 3,605,000 1,789,260 5,394,260 10,000 5,404,260 (100,000) 5,304,260 Total Expenditures 10,117,100 6,445,449 16,562,549 740,900 17,303,449 69,000 17,372,449 Other Financing Sources (Uses) Transfer from Vail Reinvestment Authority 3,950,000 (704,565) 3,245,435 3,245,435 1,045,000 4,290,435 Re -appropriate for continuing projects such as LH Parking Structure entry $164K; I- 70 underpass $11 K; and LH Welcome Center $68.9K; remove $950K for cancellation of LH Medians; 2014: Simba Run Underpass $600K, LH Parking structure entry $2.OM, parking equipment at LH $300K and annual LH parking structure capital maintenance $50K. Transfer from Debt Service Fund - 21,311 21,311 21,311 21,311 To close out remaining balance in Debt Service Fund Transfer from Dispatch Fund - - - 16,800 16,800 16,800 Transfer from Dispatch for Mobile Comm Van Revenue Over (Under) Expenditures 4,160,890 (6,563,703) (2,402,813) 376,100 (2,026,713) 1,637,805 (388,908) Beginning Fund Balance 7,955,486 15,869,058 15,869,058 15,869,058 Ending Fund Balance 12,116,376 13, 13,842,345 15,480,150 TOWN OF VAIL 2014 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX FUND 2014 2014 Original 1st 2014 2nd 2014 3rd Proposed Budget Supplemental Amended Supplemental Amended Supplemental Amended Comments Real Estate Transfer Tax $ 3,900,000 $ $ 3,900,000 $ 1,000,000 $ 4,900,000 $ 1,000,000 $ 5,900,000 Based on YTD collections Golf Course Lease 132,014 132,014 - 132,014 132,014 Annual lease payment from Vail Recreation District 2% annual increase - deposited to "Recreation Enhancement Account" (accompanying expenditure listed below) Intergovenmental Revenue 20,000 20,000 99,900 119,900 119,900 $20K Lottery fund proceeds; $99.9K CDOT contribution to water quality vaults Project Reimbursements - 1,165,000 1,165,000 - 1,165,000 - 1,165,000 Carry forward $1.165M VRD portion for Golf Course Clubhouse construction; Recreation Amenity Fees 10,000 - 10,000 10,000 328,000 338,000 Based on YTD collections Earnings on Investments and Other 33,712 - 33,712 - 33,712 27,500 61,212 Reimbursement from Eagle County for E -Waste and recycling hauling rebate Total Revenue 4,095,726 1,165,000 5,260,726 1,099,900 6,360,626 1,355,500 7,716,126 Maintain Town Assets Annual Park and Landscape Maintenance 1,430,514 - 1,430,514 - 1,430,514 - 1,430,514 Ongoing path, park and open space maintenance, project mgmt Management Fee to General Fund (5%) 195,000 195,000 195,000 100,000 295,000 5% of RETT Collections - fee remitted to the General Fund for administration Tree Maintenance 65,000 65,000 65,000 - 65,000 Regular maintenance for tree health within the town (spraying, removing, new trees) Forest Health Management 195,000 195,000 195,000 - 195,000 Pine beetle mitigation in conjunction w/ forest service (Crew of 6 during spring/summer months) Street Furniture Replacement 75,000 75,000 75,000 250,000 325,000 Annual replacement or capital repairs, includes bike racks; $250K to comply with new recycling ordinance (replace containers at bus stops and areas throughout town Alpine Garden Support 65,620 - 65,620 65,620 - 65,620 Annual operating support of the Betty Ford Alpine Gardens Eagle River Watershed Programs 62,000 24,000 86,000 - 86,000 86,000 Re -appropriate for the Gore Creek Riparian Restoration project; Annual support of the Eagle River Watershed Council programs Actively Green by 2015 Program - - - 37,000 37,000 37,000 Council Contribution (off cycle) for continuation of this program run by Walking Mountains Fencing around West Vail Community Garder - - 18,500 18,500 18,500 Council Contribution (off cycle) for installation of wildlife fencing around West Vail Community Garden Public Art - Operating 95,920 95,920 - 95,920 95,920 Art In Public Places staff and programs Environmental Sustainability 250,000 250,000 250,000 500,000 27,500 527,500 $250K annual Environmental Sustainability staff and programs; 2014: $250K supplement request includes $50K for recycling education program, $75K Recycling rebates for commercial start up costs and $125K recycling rebates for residential ; $27.51K for Zero Hero and E -Waste programs funded through Eagle County's recycling hauling rebate Total Maintenance 2,434,054 24,000 2,458,054 305,500 2,763,554 377,500 3,141,054 Enhancement of Town Assets Rec. Path Capital Maint 104,796 - 104,796 - 104,796 - 104,796 Capital maintenance of the town's recreation path system; Transfer $40K of unspent in 2013 to the Library recreation path project for design Park / Playground Capital Maintenance 90,500 38,338 128,838 128,838 128,838 Annual maintenance items include projects such as playground surface refurbishing, replacing bear -proof trash cans, painting/staining of play structures, picnic shelter additions/repairs, and fence maintenance Donovan Park Master Plan 5,000 5,000 5,000 5,000 To separate and update the Donovan Park master plan from the Ford Park master plan Flood Incident Repairs - 847,795 847,795 847,795 847,795 Re -appropriate for re -stabilization of Dowd Junction path; Repairs to culverts, drainage, and preventative improvements Library Recreation Path Reconstruction 200,000 40,000 240,000 240,000 1,684,834 240,000 Use $40K of unsued 2013 funds in Rec. Path Maintenance for design of hte bike path; Reconstruction of the recreation path from the Vail Library to Lionshead, including 12 ft wide concrete trail, repairs to eroded culverts at Middle Creek and stream bank erosion repair (50 ft. section); Per Council 9/17/13, do planning/design in 2014 and construction in 2015 Streambank/tract mitigation 750,000 934,834 1,684,834 1,684,834 Pending Eagle River Water District study results; Includes estimates for streambank repairs (from water to bank) and riparian repairs (from bank to land area and revegetation) I1F4JF4/491L'11 TOWN OF VAIL 2014 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX FUND 2014 2014 Original 1st 2014 2nd 2014 3rd Proposed Budget Supplemental Amended Supplemental Amended Supplemental Amended Comments Water Quality / Storm Water 350,000 350,000 99,900 449,900 449,900 Would accompany repairs made with streambank/tract mitigation for storm water and culverts; $99.9K contribution from CDOT for water quality vaults (see revenue above) Skate Park - Temporary 260,000 260,000 - 260,000 - - 260,000 Replacement of temporary skate park; a permanent site has not been identified. Estimated cost of a permanent site is from $500K - $1.OM; Per Council 8/21/12, move budget for temp. to 2014, with intent of selecting a permanent site in the next two years. Permanent Skate Park - 75,000 75,000 Design & planning for a permanent skate park at the "Atrium" site Ford Park Portal Improvements 250,000 250,000 250,000 - 250,000 TOV portion of improvements to six portals into Ford Park; Matching contribution from Vail Valley Foundation; 2013 for design; Transferred $750K to 2013 Ford Park Fields per Council 8/6/13 ($100K tfd in 2013 and $650K in 2014) Bike Lanes: N Frontage Rd 1,500,000 1,500,000 1,500,000 1,500,000 Moved up to 2014 from 2015 to correspond with CDOT overlay next year; Bike lane shoulder from Red Sandstone school to Buffehr Creek Bike Lanes: S Frontage Rd 500,000 500,000 500,000 500,000 Bike lane shoulders: In 2013 from West Vail roundabout to Matterhorn; 2014 from Matterhorn to Cascade to be done in conjuction with Cascade CDOT parking project Ford Park Playground Safety Improvements 304,000 304,000 304,000 146,000 450,000 Ford Park playground built in 2000; improvements were previously scheduled for 2015; $450K budget per plan approved by Council Ford Park parking lot slope re -vegetation 100,000 100,000 100,000 - 100,000 Re -vegetate the slope down toward the river at the Ford Park parking lot Booth Creek Playground 385,250 385,250 385,250 385,250 Previously in 2012; deferred to 2014 Booth Creek Tennis Courts 262,000 262,000 262,000 262,000 Reconstruction of the tennis courts, pending outcome of overall park design identified below Booth Creek Park Redevelopment - 250,000 250,000 250,000 250,000 Council initially approved to supplement in 2013 during 2014 budget discussions. Dollars were moved forward from the 2017 budget for design and planning, with construction in 2017 Public Art - General program / art 80,000 311,132 391,132 391,132 391,132 To purchase sculptures, artwork, art programs and events; remainder is re -appropriated each year to accumulate enough funds; Supplement budget for annual donations, manhole cover & jewelery sales contributed during 2013 ($4,975) Public Art - Winterfest 78,730 78,730 78,730 78,730 Carry over balance from 2013 and recognize donations made for Winterfest event Total Enhancements 5,141,546 2,500,829 7,642,375 99,900 7,742,275 221,000 7,963,275 VRD-Managed Facility Projects Recreation Enhancement Account 132,014 (132,014) - - - Annual rent paid by Vail Recreation District; to be re -invested in asset maintenance; transfer 2014 rent to Golf Clubhouse and Nordic Center Golf Course - Other Improvements 108,967 725,125 834,092 834,092 834,092 2014 asphalt parking area by storage maintenance building; replacement of storage shed at the golf clubhouse; sewer repairs at maintenance facility Dobson Ice Arena 14,475 130,000 144,475 144,475 144,475 $130K needed to replace boilers originally scheduled for 2017; $14K in 2014 original budget for other maintenance items Ford Park / Tennis Center Improvements 12,270 - 12,270 12,270 12,270 Capital maintenance items per VRD agreement Athletic Fields 15,604 15,604 15,604 - 15,604 Capital maintenance items per VRD agreement Gymnastics Center - - - - 50,000 50,000 Unexpected foundation leak required immediate attention Total VRD-Managed Facility Projects 283,330 723,111 1,006,441 1,006,441 50,000 1,056,441 New Assets Golf Clubhouse and Nordic Center (CCF) - 6,268,629 6,268,629 6,268,629 - 6,268,629 2014 Transfer of $132K from REA funds; Total includes $1.165M reimbursement from VRD, allocation of Recreation Enhancement Funds thru 2014 and Conference Center funds of $3.8M (Total project cost originally estimated at $6.8M) Ford Park Improvements & Fields (CCF) 4,083,953 4,083,953 4,083,953 4,083,953 Per council 8/6/13 move up $2.7M from 2014 budget plus use $100K in 2013 and $650K in 2014 from Ford Park Portal Improvements (to help offset the $1.5 shortfall) plus $218K for VVF shared costs; Re -appropriated balance plus transfer of $360K from Frontage Road Bike Lanes above for reconstruction of the streamwalk along Ford Park (reducing the slope grade from a max of 17% to a max of 6 - 7%) and transfer of $416K from Ford Park/Tennis budget; Public Restrooms 334,174 334,17 334,174 177,000 511,174 Restrooms at lower bench of Ford Park; Approved per Council 10/7/14 TOWN OF VAIL 2014 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX FUND 2014 2014 Original 1st 2014 2nd 2014 3rd Proposed Budget Supplemental Amended Supplemental Amended Supplemental Amended Comments Total New Assets: 10,686,756 10,686,756 10,686,756 177,000 10,863,756 Total Expenditures 7,858,930 13,934,696 21,793,626 405,400 22,199,026 825,500 23,024,526 Other Financing Sources (Uses) Transfer from Conference Center Fund - 1,836,318 1,836,318 - 1,836,318 - 1,836,318 Transfer from Conf Center Funds for Golf Clubhouse ($3.8M) and Ford Park Field projects ($3.5M), net of transfer in 2013 Revenue Over (Under) Expenditures (3,763,204) (10,933,378) (14,696,582) 694,500 (14,002,082) 530,000 (13,472,082) Beginning Fund Balance 4,890,970 16,848,758 16,848,758 16,848,758 $ 2,846,676 Ending Fund Balance $ 1,127,766 $ 2,152,176 $ 3,376,676 TOWN OF VAIL 2014 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE DISPATCH SERVICES FUND 12/2/2014 11 2014 2014 list 2014 2nd 2014 3rd Proposed Budget Supplemental Amended Supplemental Amended Supplemental Amended Comments Revenue E911 Board Revenue $ 776,956 $ $ 776,956 $ $ 776,956 $ $ 776,956 Interagency Charges 1,151,619 1,151,619 1,151,619 1,151,619 Town of Vail Interagency Charge 590,961 590,961 590,961 590,961 Earnings on Investments 8,200 8,200 8,200 8,200 Project Reimbursement - - 7500 7,500 Contribution raised for Mobile Comm Van Other - - - - - Total Revenue 2,527,736 2,527,736 2,527,736 7,500 2,535,236 Expenditures Salaries & Benefits 1,968,386 1,968,386 1,968,386 - 1,968,386 Operating, Maintenance & Contracts 550,406 550,406 550,406 7,500 557,906 Mobile Comm Van equipment offset by above contribution Capital Outlay - 3,000 3,000 3,000 3,000 Total Expenditures 2,518,792 3,000 2,521,792 2,521,792 7,500 2,529,292 Revenue Over (Under) Expenditures 8,944 (3,000) 5,944 0 5,944 0 5,944 Other Financing Sources (Uses) Part of E911 Authority's contribution to Transfer to Capital Projects Fund - - 16,800 16,800 16,800 Mobile Comm Van funded by capital conributions (normally included in E911 Board Revenue line item above) Total Financing Sources (Uses) - - 16,800 16,800 16,800 Surplus Net of Transfers 8,944 (3,000) 5,944 (16,800) (10,856) (10,856) Beginning Fund Balance 593,697 186,334 780,025 780,025 780,025 Ending Fund Balance $ 602,641 $ 183,334 $ 785,969 $ (16,800) $ 769,169 $ $ 769,169 12/2/2014 11 TOWN OF VAIL 2014 PROPOSED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE HEAVY EQUIPMENT FUND 2014 2014 Original 1st 2014 3rd Proposed Budget Supplemental Amended Supplemental Amended Comments Revenue 973,366 - 973,366 973,366 Town of Vail Interagency Charge $ 3,011,352 $ $ 3,011,352 $ $ 3,011,352 Insurance Reimbursements & Other - - - Earnings on Investments 14,650 14,650 14,650 Equipment Sales and Trade-ins 127,380 127,380 127,380 Total Revenue 3,153,382 3,153,382 3,153,382 Expenditures Salaries & Benefits 973,366 - 973,366 973,366 Operating, Maintenance & Contracts 1,467,074 15,400 1,482,474 1,482,474 Capital Outlay 975,900 148,964 1,124,864 26,000 1,150,864 Sweeper Total Expenditure: 3,416,340 164,364 3,580,704 26,000 3,606,704 Revenue Over (Under) Expenditures (262,958) (164,364) (427,322) (26,000) (453,322) Beginning Fund Balance 2,077,749 207,297 2,285,047 Ending Fund Balance $ 1,814,791 $ 1,857,725 12/2/2014 12 2,285,047 $ 1,831,725 TOWN OF VAIL 2014 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE TIMBER RIDGE ENTERPRISE FUND Non-operating Revenues (Expenses) Interest on Investments 2013 2014 3rd 2014 16,000,000 Actual Budget Supplemental Proposed Revenue Principal Payment on Variable Rate Bonds (17,265,000) Rental Income $ 1,791,678 $ 1,848,871 $ (500,025) $ 1,348,846 Other Income 31,869 14,774 (31,199) (16,425) Total Revenue 1,823,547 1,863,645 (531,224) 1,332,421 Expenditures (143,748) Revenue Over (Under) Expenditures 828,168 460,366 Operating, Maintenance & Contracts 726,269 762,175 (72,242) 689,933 Capital Outlay 359,361 154,150 871,294 1,025,444 Total Expenditures 1,085,630 916,325 799,052 1,715,377 Operating Income 737,917 947,320 (1,330,276) (382,956) Non-operating Revenues (Expenses) Interest on Investments 2,883 2,760 (716) 2,044 Transfers In 16,000,000 Return of Debt Service Reserve Funds 1,538,799 Principal Payment on Variable Rate Bonds (17,265,000) Interest Expense and Financing Fees (47,931) Loan Principal Repayment to Capital Projects _ (345,966) (345,966) Fund Interest Payment to Capital Projects Fund (138,500) (143,748) (143,748) Revenue Over (Under) Expenditures 828,168 460,366 (870,626) Beginning Fund Balance 701,859 1,436,298 1,530,027 Ending Fund Balance $ 1,530,027 $ 1,896,664 $ 659,401 12/2/2014 13 ORDINANCE NO. 20 SERIES OF 2014 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, DISPATCH SERVICE FUND, HEAVY EQUIPMENT FUND AND TIMBER RIDGE ENTERPRISE FUND OF THE 2014 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 2014 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 15, Series of 2013, adopting the 2014 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: 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 2014 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 239,171 Capital Projects Fund 69,000 Real Estate Transfer Tax Fund 825,500 Dispatch Services Fund 7,500 Heavy Equipment Fund 26,000 Timber Ridge Enterprise Fund 799,052 Total $ 1,966,223 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 Ordinance No. 20, Series of2014 12/2/2014 part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of December, 2014, and a public hearing shall be held on this Ordinance on the 16th day of December, 2014, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. ATTEST: Patty McKenny, Town Clerk Ordinance No. 20, Series of2014 12/2/2014 Andrew P. Daly, Mayor TOWN OF VAIN VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: December 2, 2014 ITEM/TOPIC: Second reading of Ordinance No. 19, Series 2014, an Ordinance providing for the levy assessment and collection of town property taxes due for the 2014 tax year and payable in the 2015 fiscal year. PRESENTER(S): Kathleen Halloran, Finance Director ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Ordinance No. 19, Series 2014 BACKGROUND: Please see attached memo STAFF RECOMMENDATION: Approve or approve with amendments Ordinance No. 19, Series 2014 ATTACHMENTS: Mil Levy 12/2/2014 TOWN OF VAIL TO: Vail Town Council FROM: Finance Department DATE: December 2, 2014 SUBJECT: Mil Levy Ordinance I. SUMMARY Authorization for the collection of property taxes in 2015 II. DISCUSSION You will be asked to approve the attached mil levy ordinance upon second reading on Tuesday evening. This ordinance authorizes the collection of property taxes in 2015 based upon 2014 assessed valuations of property within the town's boundaries. Eagle County is responsible for assessing values and for collecting property taxes on our behalf. The town is required by Colorado state law to certify the mil levy by December 15 of each year. The attached ordinance has been updated from the first reading to reflect revised assessed valuations from the county. The property tax authorized by the attached ordinance will generate $4.1 million in revenue in 2015, representing approximately 7% of the town's total revenue. 12/2/2014 ORDINANCE NO. 19 SERIES OF 2014 AN ORDINANCE PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 2014 TAX YEAR AND PAYABLE IN THE 2015 FISCAL YEAR. WHEREAS, it is necessary for the Town Council to provide for the levy, assessment and collection of Town ad valorem property taxes due for the 2014 year and payable in the 2015 fiscal year. NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1. For the purpose of defraying part of the operating and capital expenses of the Town of Vail, Colorado, during its 2015 fiscal year, the Town Council hereby levies a property tax of 4.735 mills upon each dollar of the total assessed valuation of $878,782,510 for the 2014 tax year of all taxable property within the Town, which will result in a gross tax levy of $4,160,797 calculated as follows: Base mill levy 4.690 $4,121,490 Abatement levy .045 _ 39,307 Total mill levy 4.735 4 160 797 Said assessment shall be duly made by the County of Eagle, State of Colorado, as directed by the Colorado Revised Statutes (1973 as amended), and as otherwise required by law. 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, Ordinance 19, Series of 2014 12/2/2014 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 ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 18th day of November, 2014. A public hearing shall be held hereon at 6 P.M. on the 2nd day of December, 2014, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 2nd day of December 2014. ATTEST: Patty McKenny, Town Clerk Ordinance 19, Series of 2014 Andrew P. Daly, Mayor 12/2/2014 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: December 2, 2014 ITEM/TOPIC: Adjournment (estimated 7:45 p.m.) 12/2/2014 TOWN OF VAIN