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HomeMy WebLinkAbout2001 Resolutions~ • ~ RESOLUTION No. 1 Series of 2001 RESOLUTION N0. 1, A RESOLUTION REPLACING THE OFFICIAL TOWN OF VAIL LAND USE MAP. WHEREAS, the Town of Vail Community Developmen# Department wishes to replace the Town's existing paper map format; and WHEREAS, the new map format utilizing present day technology improves our ability to manage data and enhances service to our customers; and WHEREAS, the replacement of the map is in accordance with the procedures outlined for said replacement in the Vail Town Code; and WHEREAS, this map replacement does not amend or alter the content of the existing paper map; and WHEREAS, the Vail Town Council finds it in the best interest of the residents, visitors and guests of the Town of Vail to replace the Official Town of Vail Land Use Map. NOW, THEREFORE, be it resokved by the Town Council of the Town of Vail, Colorado: 1. The Vail Town Council approves by resolution the replacement of the Official Town of Vail Land Use Map dated February 6, 2001. INTRODUCED, READ, APPROVED AND ADOPTED this 8t" day of February, 2001. ~Sybi s, Mayor Pry `--~Cor ei Donaldson, Town Clerk, Town of Vail Q ~ ~ 0 Q o d ~.•••....~ G' o m C. ~ :~ ~ ~ ~ ~~ ~S~ ~ a ~~ y ~ Q~ ro Q O _ _ __ ° ~ _~ ~' ~ ~ • ~ ~ ~ C ~~ a m ~ ~'' Vf ~ ' ~ ~ ~' ~ n ~ ~ O ~_ O m m a o Q ~ro ~ ~ ~ ~ ~ ~ ~ < ~ ~ ~ m `~ Q ~ .~ ~ m c ~ c~~D p O ~ Q ,`~". ~ Q (~ (~D Q ~ ~ ~ ~ ~ a 7 ~ Q ~ ~ S Q~ ~~~~ N ~, Q ~ ~ O O ~~ O 0 ~o Q Q~ ~~ N ~ n O ~ ~ Q m ~ ~ { N ~ ~' O ~ Cj (p ~m ° m m o 0 0 ~ ~ Q m ~ ~ ~ ~ ~ a ~ ~ D . 0 m 0 o Q z ~ Q m z o o ~ O C ~ - Q ,~ Q ~ ~ a ~ v o ,- c~ ? ~ ro . ~ ~ ~ ~ ~ Q ~ ~ ~ ~ ~ ~ ~ Q ~ m ca. ° -. ~_ a ~ ~ ~ ~ ~[ C O Q O ~ p ~ ' Q Q Q ~ . ~ ~ ~' n m Q m ~. o ro ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ n ~ ~ ~ ~' O m Q m ~ Q ~ O m O ~ ° ~~ ~ m z Q ~ ~ m ~ ~ ~ ~ c R C ~ ~ ~ (4 ~ ~ r X ~ ~ ~ Q o ~ ~ D r ~ ~ Q m ~ cc~ ~ Q ~ ~ m n a ; v m n~' '~ C) u' 0 m z ~ O O O m ~ .1.~ O ~`' Z. .: .. ~.., n ,_~ ,. 7D 0 0 O C n 0 Z • • RESOLUTION NO. 2 SERIES OF 2001 RESOLUTION TO PROVIDE THE TOWN COUNCIL SHALL EX-OFFICIO BE APPOINTED THE COMMISSIONERS OF THE VAIL HOUSING AUTHORITY WHEREAS, the Vail Housing Authority was appointed by Resolution No. 25, Series of 1990; and WHEREAS, the Division of Local Government and Departmen# of Local Affairs has certified the receipt of a certified copy of the "Certificate of the Housing Authority for the Town of Vail" on March 4, 1991; and WHEREAS, the terms of office of the Vail Housing Authority Board have expired. NOW, THEREFORE, IT 1S HEREBY RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. All members of the Vail Town Council shall ex-officio be appointed the Commissioners of the Vail Housing Authority. 2. The terms of office of such commissioners shall be ca-#erminus with their terms of office on the Vail Town Council. 3. The Mayor of the Vail Town Council shall ex-officio be Chairman of the Commissioners and the Commissioners shall select from among their members a Vice Chairman. INTRODUCED, READ, APPROVED, AND ADOPTED this 6th day of February, 2001. ~~~~,~~~ ~~rfyq' ,~~ ~ ~: ~T1~L ATTEST: ~~ ~i~' belie onaldson, Town lerk o• ~ ~~ ~'~ :~ ~q'~. Boa X 0 7 N m ~ 0 ~ n o m a o ~ a ~ ~ O .~ ~ ~~o a Q 0 ~~ O O Q 'C ~~ ~ ~' Q ~"~. i (~~ ~ o ?~ I~ ~. O Q (D i ~Q T ~~ ;~~ `; ,, ~~ ~~~~~~ _ Q Q ~ N o Q~ Q m O D C ~ n ~ ~ cp rn - C m Q~~~~ m ~, ~ Q Q Z ~ m -~ N ° o ~ ~ o ~- , ~ O n g~ ~~ °- 0 0 0~ z m O Q m rt Q m z D O n ~ ~ ~ m ~ c o ~ O ~ ~ o~ Q ~ ~ o a X o 3 ~ ~ ° ~ O ~ ~ ~ m ~ ~ ~ o ~ o U' ,'D ~- o o Q~ a y ~~ ~ a ~ -~ ~ ~ ~ o -~ ~ m -~ D. ~ C Q ~ ~ {gyp ~ ~ TI 6~ Q~ Q n ~i ~ T Q n N O~ c O~ Q -~ ~_ p~ o~ Q~- C O ~ Q cn 4 O ~ O Q. p (~D Q O~~ ~ ` ~, Q O n N p 0~ 0 CD ~ O Q- ~ O ~ ~ ~ -~ ~ ~Y ~ ~ ~ Q ~ ~- 3 C ~ '~ {~Q Q' f? ~ Q ~ Cn to Q (~ ~ {p Q m N ~ ~ 7O ~ > > ~ ~' O ~ Q ~ ~ frr Q Q 3 ~ ~ ~ Q Q O O ~ 3 O ~~°~~~c°~QO~ ~~ ~ Qo ~ ~-~ ~ D ~ ~ ~ ~ ~ ~ ~ r Iv cD ~_ ~ ~ X Q ~. ~ a o y o m ~N Q~~ o ~ ~ ~ N O Q -n D {~D ~ N n O O~ W CQ ~ O O- (p O W (D O O ~ ~ Q ~p ~ cD Q ice'': >~ m ego c ~= i m rt~~ N'~-^ :yg g Cqp o~ ~ { nF",9 ~z z ~~ nom "' "~ `.i n~~ ~ '~ yam m ~m~ E m • ~ RESOLUTION N0.3, SERIES OF 200 A RESOLUTION EXPRESSING THE INTENT OF THE TOWN OF VAIL TO ENTER INTO A TAX_EXEMPT OBLIGATION IN THE APPROXIMATE AGGREGATE PRINCIPAL AMOUNT OF $3,500,000 TO FINANCE DONOVAN PARK PAVILION; AND AUTHORIZING THE OFFICERS, EMPLOYEES AND AGENTS OF THE TOWN TO PROCEED AND CONTINUE WITH STEPS PRELIMINARY TO THE EXECUTION AND DELIVERY OF SUCH LEASE. WHEREAS, the Town of Vail (the "Town"}, is a municipal corporation duly organized and existing as a home-rule municipality under Article XX of the State Constitution (the "Constitution"} and laws of the State of Colorado; and WHEREAS, the members of the Town Council of the Tawn (the "Council"} have been duly elected and qualified; and WHEREAS, the Town intends and proposes to issue atax-exempt obligation (the "Obligation"} to finance the acquisition of a community center at Donovan Park (the "Projec#"). NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, IN THE COUNTY OF EAGLE, STATE OF COLORADO: Section 1. All action (not inconsistent with the provisions of this resolution} heretofore taken by the Town Council and the officers, employees and agents of the Town directed toward the Lease is hereby ratified, approved and confirmed. Section 2. The Town intends to issue the Obligation in the approximate aggregate principal amount of $3,500,000 to pay the costs of the Project, including the reimbursement of certain costs incurred by the Town prior to the execu#ion and delivery of the Obligation, upon terms acceptable to the Town, as authorized in an ordinance or resolution to be hereafter adopted and to take all further action which is necessary or desirable in connection #herewith. Section 3. The officers, employees and agents of the Town shall take all action necessary or reasonably required to carry out, give effect to and consummate the transactions contemplated hereby and shall take all action necessary or desirable to finance the Project and to otherwise carry out the transactions contemplated by this resolution. Section 4. The officers and employees of the -Town are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this resolution. i • • Section 5. If any section, paragraph, clause or provision of this resolution shall for any reason be held invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this resolution. Section 6. A!I acts, orders and resolutions of the Council, and parts thereof, inconsistent with this resolution be, and the same hereby are, repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any act, order or resolution, or part thereof, heretofiore repealed. Section 7. This resolution steal! be in full force and effect upon its passage and approval. PASSED AND ADOPTED this August 7, 20Q1. l Jam, `,~ cI~,1~ SEAL '~ Ludwig Kurz, M~ior {SEAL) ~,,~` ,,, ~: n~.~;,~i;. Attest: ~~~,~„~~~~~}~~~~ , Lo~r~le' Donaldson, Town Clerk n o' w • ... ~~ (D o~ o ~. o Q Q O 7 a ~ ~ ~ ~ ~'~:o a o Q 'C (D o ~ N O O fl ~c ;~`"~ ~ a '~~. ~~ m (~ N' ~ - ~ ~~ a ~ ~ N o ~ ~ ~ ~ o ~ m ~~ ~ A S a 7 0 ~ ~: m cD ~ ~ n ~ ~ u; ~ ~ 0 "p ' ~' Z m ~ ~ ~ ~ ~y ° n Q ~ ~ ~ ~, o ~ ~ ~ ~, ~ ~ o ~ c ~ m m~ ~ d ~ o o ti o Z rn O ~ ~ ~ n O ~: ~ Q 0 ~ m ~ x z O ~ O m ~ N Q N ~ w cD ~ n 0 ~ ~ ~ X ~ ~ ~ ~ Q a ~ ~, ~. -~ a ~ o ~, ~, „ ~ m ° ~ o ~ Q ~ ~ a a N r~ - O m ~ ~O v, r~ '~ Q ~ ~ <D ~ ~ "~ {~ Q ~ ^~ Q. ~ ~ ~ ~. ~ Q K ~ c c~ O ~ T o G --~ ~ ~ ~ ~ Q ~ '~ O ~ ~ ~ ~ (D O ~' '~ O ~ (a ~ ~ D. ~ y~~ ~ ~ Q o o' '~' ~ m r -~ ~ ~ 0 ' Z Q ~ ~ ~ (~ ~ y a ~ ~ ~ ~ ~ m ~ ° ~ ~' o ~ o ~ ~ ~ ~- ~ ~ ~ ~ ~ i ~. ~ ~ ~ O ~ ~ ~ ~ 0 D (D ~; ~ ~ (7 ~ 6 X Q =, ~ O --i ~~ I.~, ~_ ~ O ~ ~ n ~ ~ N Q iD O -w, ~ Q U' ~ m Q r- ~ - m O O O ~ Q. ~ m p O ~ ~ ~ (Q {p . 3 p M _ -~-.-- ,~-- -_~___._.._..------ - - ~~~ ~ 3~ ~ . ~~ g ~ ~ ~ ~ &' ~.~ . . ~ ~ . ~g ~ ~~ g~R a ~ ~. g ~~ ~, ~ ~ ~ -. ~' ~ ~ . ~ ~ - ~ .. ~~ ~. ~~~ . ~ ~~ ~ ~ . R ~ ~ ~ . • • a +s+e 1~we iws i~ N ~aNd.'+Nelwt ids ~r~liN~nsok~+~~enUm . "lt eny a~lbn. , : ; : ph;'d6voa oi~. ~ _~ ., d INs raeah~x efial br, ntae4n pe heltl' k~- w~d w ~xomwre nre tl ceebaty ot:.v~+.eodo~ l~ prcwsion eha~ not o~ m.ot rematrinq . . , al e~ie reeoN~arc ~~ ~ ~IYi~acts~ordwa a1-ctr~o>~cne of the_oauir cp and pw IF~rad. oaix v+Mh uua rasa' loan be,' and the same da.iy ere, reaealad m,_ sna ems. only of'a,en ltde ~ r~eso~WHon~, «{~`ihe~ e" a .vim. $EGTION.~'. , ,. ; '. '.THs seeoUil~on'ett~.ds fi tu1 tome raxE el- ~1x4~~an ib pa~tpe and PMSBED ~-A~..,r ~.71h.duy o! A~ ywl,•x001: , 1T~ OF VAIN _ Wd 'tbrpC~el~' ~;. ,.. !" ,.' . j...r, , /~ von ~ • • RESOLUTION NO. 5 SERIES OF 2001 A RESOLUTION AMENDING THE TOWN OF VAIL LAND USE PLAN, CHANGING THE LAND USE DESIGNATION FROM "LOW DENSITY RESIDENTIAL" TO "OPEN SPACE" FOR LOTS 1-7 AND LOT 12, VAIL MEADOWS FILING 2 AND LOTS 15 AND 16, BIGHORN SUBDIVISION SECOND ADDITION, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 3-2-6 of the Municipal Code of the Town of Vail provides that the Planning and Environmental Commission shall make and adopt a Master Plan for approval by the Town Council for the physical development of the town; and WHEREAS, conditions and policies in the Town of Vail have changed since the Vail Land Use Plan was originally adopted in 1986; and WHEREAS, the adopted Town of Vail Comprehensive Open Lands Plan identifies the properkies to be considered as environmentally sensitive areas; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of this amendment at its August 27`h public hearing, and has submitted its recommendation to the Town Council; and WHEREAS, the Town Council considers it in the interest of the public health, safety, and welfare to amend the Town of Vail Land Use Plan. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: The Town Council finds the procedures for amending the Land Use Plan, as set forth in Chapter VIII, Section 3 of the Land Use Plan, have been satisfied. 2. The Town Council hereby amends the Land Use Plan: A. Changing the Land Use Designation from "Low Density Residential" to "Open Space" on Lots 1-7 and Lot 12, Vail Meadows Filing 2 (property more particularly described on Exhibit A}, and B. Changing the Land Use Designation from "Low Density Residential" to "Open Space" on Lots 15 and 16, Bighorn Subdivision Second Addition (property more particularly described on Exhibit B}. F' ~ . .r • RESOLUTION NO.6 sI~fllES of 2oa~ A RESOLUTION AMENDING THE TOWN OF VAIL LAND USE PLAN, CIIANGiNG TFIE LAND USE DESIGNATION FROM "OPEN SPACE" TO "IIIGIi DENSITY RESIDENTIAL" FOR LOT 1, MIDDLE CREEK SUk3DtV1SlON, AND SETTING FORTN DETAILS iN REGARD THERETO. WHEREAS, Section 3-2_g of the Municipal Code of the Town of Vail provides that the Planning and Environmental Commission steal! make and adopt a Master Pfan for approval by the Town Council for the physical development of the town; and WHEREAS, conditions and policies in the Town of Vail have changed since the Vail t.and Use Plan was originally adopted in 19136; and WhIEREAS, the Planning and Environmental Commission of the Town of Va€I has recommended approval of ibis amendment at its September 2~4, 2001, public hearing, and has submitted its recommendation to the Town Council; and WHEREAS, the Town CounciC considers it in the interest of the public health, safety, and welfare to amend the Tawn of Vail Land Use Ptan. NOW, TI-IEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF Tf-EE TOV1fN OF VAIL, COLORADO, TI-IAT: 1. The Town Council finds the procedures for amending the Land Use Plan, as set forth in Chapter VI11, Section 3 of the Land Use Pfan, have been satisfied. . 2. The Town Council hereby amends tyre Land Use Pfan to Change the Land Use Designation from "Open Space" to "Higfj Density Residential" on Lot 1, Middle Creek Subdivision property more particularly described on Exhibit A). 3. This resolution shall take effect on such date that tl7e Final Plat of Middle Creek S~~bdivision has been filed with the Office of the Clerk and Recorder of Eagle County, Colorado. INTRODUCED, READ, APPROVED AND ADOPTED this 2°~ day of October, 2001. .~~~`~'`;a t`,r~ y r..r~,,,~~ 4,`, ' ~~EAL Attest: ''-',fr~,c~~~t~~~F,~u Ludwicd Kurz, ayor ~~ '1 Y'om' ~etei Donaldson, Town Clerk .~ X w c c a a~ c n . ,~..., . /` n ~ I n~ W U a~ u u ~ O ~ '= j ~ ~ U ~ 'U ~ f/'1 ~ F (,~~W, ~ ~ ~4 Q ~ ~ U ..0 ~ p_ ~ per.. = U ~ u ,,..> ~~: ~' 0 J ! r • JJJ=~ .1 ~~ N,f ~ r ~ 1 ,~ ": ~.r, 'y J ''z r. 1! ~~ ~i ~,r ~; ~~ ~r r f j~ ~' Ir J1 I!I ,' Ir 1 ~~ ~ ,i'i ~ ~_^~~~ ~ ~~` ',, ! C ~4 } ~ n ~ ~~ ~?~ ~I ~ LL + ~ t =~, `- p'~ .,\ ;~, ' ~ ~ Q~ ~.~ ~~~~ w t '~- I S is a m • c: ~~ ~- ~z ~~~ 1' j ~ , ' _ _~ 1 ~` l i~~M L` 5,. 1~ ~ r ~, ~h . i ~w '~ ' ~ " r¢ i~ L ~~/~~~~• iu ~j, j r J ~, ~y / ' f 0 N ct' N .Q Q • • • RE501_UTiON N0.7 SERIES OF 2001 A RESOLUTION ADOPTING THE TOWN OF VAIL ART IN PUBLIC PLACES STRATEGIC PLAN DATED NOVEMBER 6, 2001 AS AN OFFICIAL TOWN OF VAIL DOCUMENT TO BE USED TO GUIDE THE EFFORTS OF THE ART IN PUBLIC PLACES BOARD. WHEREAS, Title 3, Chapter 3, of the Town Code establishes the Arts Board and the Art in Public Places Program; and WHEREAS, the Art in Public Places Program is intended to plan for, promote, and encourage the establishment of public art throughout the community and to create public awareness of fine arts in Vail; and WHEREAS, the Art in Public Places Strategic Plan was developed through participation by the public, the Planning and Environmental Commission, the Design Review Board, and the Tawn Council; and WHEREAS, the Art in Public Places Strategic Plan is a reflection of the goals, desires, and objectives of the citizens and the Town Council of the Town of Vail; and WHEREAS, the Town Council is of the opinion that the Art in Public Places Strategic Plan is an appropriate long-range planning document guiding the efforts of the Art In Public Places Program and Board. NOW, THEREFORE, BE 1T ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: The Art in Public Places Strategic Plan dated November 6th, 20Q1, is hereby adopted as an official document of the Town of Vail and to be used to guide the efforts of the Art in Public Places Board. INTRODUCED, READ, APPROVED AND ADOPTED this 6th day of November, 2001. ~~,~ Ludwig Kurz,(6Jfayor ATTEST: L lei analdson, awn Clerk SE~~, '~„~o~.n~l~0° Resolution No 7, 5enes a12041 • • Resoluti©n No. 8 SERIES OI' 2001 A RESOI,LJTiON RECOGNIZINf: THC MEMBERS OF TROOP 231 OF '1'~IE BOY SCOUTS OF AMERCCA FOR THEIR llE1VIUNST12ATlON OF VOLUNTEERISM AND CIVIC PRIDE. Wf-fERCAS, P.J, Daupl~inais, Calder Cahill, Alex Flaherty, Ruben Garrido, Nick Gifford, Deacon Maloney, and David Van Norman are all members of local Troop 231 of the Bay Scouts of America; and WHEREAS, Patrick Daupliinais, Jr, and his fellow Troop members initiated an effort and constructed a new bus stop shelter for the citizens and visitors of the Town of Vail; and WHEREAS, the Traop's demonstration of volunteerism and civic involvement is worthy of recognition and is an example to us all; and WI~IEREAS; the end result of their efforts is a beautifully designed and well-crafted shelter that will provide protection from the elements for bus riders for years to come; and WIIfa1tEAS; we as a community are proud ol'these young men and the examples they set. NOW, THEREFORE, be it resolved by the Town Council of the Tawn of Vail, Colorado: The Town Council and the citizens of Vail wish to express our sincere appreciation, gratitude and pride in recognizing Troap 231 of the Boy Scouts of America for their demonstration of volunteerism and civic pride. INTRODUCED, READ, APPROVED, AND ADOPTED this 6th day of November, 2001. -~, .~~~~, ~. ATTEST: :`~- ,,;;:. ..,... L6relei~Donalrlson, Town Clerk Ludwig K~, Mayor • • • RESOLUTION N0.9 SERIES OF 2001 A RESOLUTION ADOPTING A NEW FEE SCHEDULE FOR TOWN OlF VAIL DESIGN REVIEW BOARD AND PLANNING & ENVIRONMENTAL COMMISSION APPLICATIONS AND CREATING A 20% REBATE ON THE TOTAL COST OF BUILDING PERMIT FEES FOR LEADERSHIP IN ENVIRONMENTAL ENERGY DESIGN CERTIFICATION OF NEW CONSTRUCTION. WHEREAS, Section 12-11-7 of the Vail Town Code states that "the Town Council shalt set a design review fee schedule sufficient to cover the cost of Town staff time, consultant's fees, and incidenta! expenses'; and WHEREAS, Section 11-2-2 regarding sign applications states that "the fee shall be sufficient fo cover the cost of Town staff time and other expenses incidental to the review of the application" and Section 12-16-3 states "the Town Council shat! set a conditions! use permit fee schedule sufficient to cover the cost of the Town staff time and other expenses incidental to the review of the application. "and Section 12-17-3 states "the Town Council shall set a variance fee schedule sufficient to cover the cost of Town staff time and other expenses incidents! to the review of fhe application"; and WHEREAS, the current fee schedules for both the Design Review Board and Planning & Environmental Commission applications do not sufl:tciently cover the cost of Town staff time and other expenses incidental to the review of applications; and WHEREAS, the Vail Town Council believes that it is necessary and appropriate to amend the current fee schedules; and WHEREAS, the proposed fee schedule for the Design Review Board and Planning & Environmental Commission applications has been amended to address the needs of the community and to facilitate basic maintenance and repair of existing residential and commercial buildings WHEREAS, the Vail Town Council believes it is critical to encourage and promote environmentally sensitive development though the Leadership in Environmental Energy Design certil'ICation program, NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAiL, COLORADO: 1. The fees outlined in the Proposed Development Review Application Fee Schedule (Attachment A) will become the fee schedule for Design Review Board and Planning & Environmental Commission applications, effective January 1, 2002. ResoSution No. 7, Series of 21741 • • • 2. A 20% rebate on the total cost of a building permit fee shall be given to an applicant after that applicant demonstrates that they have received Leadership in Environmental Energy Design certification and received a# Final Certificate of Occupancy for that construction. INTRODUCED, READ, APPROVED AND ADOPTED this 6th day of November, 2001. ~,~ Ludwig Kurz, Maur ATTEST: rel Donaldson, Town Clerk ' i::iif<'tr; 1+ ~ BELL Resalulion No. 7, Series of 2061 • • Proposed Development Review Application Fee Schedule Attachment A DRB & PEC Application Fees Actual Difference Average Cost Current (Actual- F, Total (Labor + Appfiatfon Current R Application Type Hours Overhead) Fee Fee) S~ urc~ Same for Same materials ~ replacement and repaints 2 $ 66 20 $ 46 al Maintenance aril RepairlMinor Exterio Alterations on Single Famil~ and Duplex Dwelling Unit. Minor Hlterations, Vttr~ additions, exterior materi~ change on Comercial an, 21 Multi Family 8 lvew c;onstructian 1U H(3dItIOI1S 1U, 51gns Z.5 NI:V Variances 1~ Conditional Use Permits 20 Mlnar ~Xterior Alteration 'LU Major Exterior Alterations 25 New SDD 250 iviaiui HI'rlenar>-~en[s auu with no exterior modifications 40 Major Amendments SDD 200 Minor Hmenaments aUU 4U Major Subdivisions 5C MIIIOr SUt)giVISIOIIS ZL Lornng taode Hmenamen t 4L $ i t $ ~ $ E f $ F $ 8,: $ 1,: $ 5,~ 1, $ 1, $ 1, 201 $ 20 1UU ~LUU ~o $ 1bU $ 200 zuu $ 500 $ 1,500 $ 1,000 $ 1,000 5UU $ 1,aoo $ 1bU 'L~U $ 46 $ 244 ~+bU 1:3U 5~ Z45 $ 4sa 46U $ 325 $ 6, 750 $ 320 $ 5,600 ~2u $ 650 41U 1,uru Resolution No. 7, Series of 2001 • • • RESOLUTION NO. 10 Series of 2001 A RESOLUTION DESIGNATING A CHECKING ACCOUNT FOR PARKING TRANSACTIONS FOR THE TOWN OF VAIL WITH STEVE THOMPSON,CHRISTINE B. STOUDER, AND JACQUE LOVATO, AS THE DESIGNATED SIGNERS ON THAT ACCOUNT, PERMITTED BY THE CHARTER OF THE TOWN, ITS ORDINANCES, AND THE STATUTES OF THE STATE OF COLORADO. WHEREAS, the Town has the power to designate banks or financial institutions For funds of the Town; and WHEREAS, the Town wishes to designate opening an additional checking Account with Firstbank of Vail with Steve Thompson, Christine B. Stouder, and Jacque Lovato, as signers on this account. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Vail, Colorado, as follows: Steve Thompsan, Christine B. Stouder, and Jacque Lovato, are hereby designated as signers for the checking account for the funds of the Town of Vail. This Resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 6T" day of November, 200'1. ;~`~'`a~r ~r yqf~~~, ;~ S EAL ~:a t ~,,C~C URA90 ATTEST: , .::i::~s~j~~iE Ludwig Kurz, M~I~or ~j ~ ~ /} 1 orel i Donaldson, Town Clerk • • RESOLUTION # 12 SERIES OF 2001 TOWN pF VAIL, COLORADO A RESOLUTION AUTHORIZING THE REDEMPTION OF THE TOWN OF VAIL, COLORADO, SINGLE FAMILY REVENUE REFUNDING BONDS, 1992 SERIES A (THE "BONDS"~; AUTHORIZING THE SALE OF i nr, MORTGAGE LOANS HELD WITH RESPECT TO THE BONDS; AUTHORIZING i nr, EXECUTION OF DOCUMENTS AND INSTRUMENTS NECESSARY OR CONVENIENT TO CARRY OUT THE PURPOSES OF TH[S RESOLUTION; MAKING CERTAIN APPOINTMENTS AND DESIGNATIONS; AND CONTAINING OTHER PROVISIONS RELATING THERETO. ~~ WHEREAS, the Town of Vail, Calorada (the "Town ") is a political subdivision of the State of Colorado, duly organized and existing under the laws and Constitution of the State of Colorado; and WHEREAS, the County and Municipality Development Revenue Bond Act, Article 3, Title 29 of the Colorado Revised Statutes (the "Act "), authorizes the Town to finance and acquire one or more projects, including any land, building or other improvement and real and personal properties (other than inventories, raw materials and working capital) suitable or used far or in connection with residential facilities for law- and middle-income families and persons intended for use as the sole place of residence by the owners or intended occupants, to the end that a sufficient supply of adequate, safe and sanitary dwellings may be provided; and WHEREAS, the Town is further authorized by the Act to issue revenue bonds for the purpose of defraying the cost of financing and refinancing any project, including the payment of principal and interest on the proposed revenue bonds for not exceeding three years, the funding of any reserve funds which the Town may deem advisable to establish in connection with the retirement of the proposed revenue bonds and all incidental expenses incurred in issuing such bonds, and to secure payment of such bonds as provided in the Act; and WHEREAS, the Town, pursuant to the Act, has issued its Single Family Revenue Refunding Bonds, 1992 Series A, in the aggregate principal amount of $7,505,000 (the "Bonds ") pursuant to a Trust Indenture, dated as of 3uly 1, 1992 (the ".Indenture"), by and between the Town and First Interstate Bank of Denver, N.A.; and WHEREAS, pursuant to the Indenture, the Bonds are subject to optional redemption an 3une 1, 2002; and WHEREAS, the Town has determined to sell the mortgage loans held with respect to the Bonds (the "Mortgage Loans") and use the proceeds from such sale to redeem the Bonds on such date pursuant to the Indenture; and WHEREAS, the Town has further determined to enter into a mortgage loan purchase contract {the "Purchase Contract "), pursuant to which the Town. will sell the Mortgage Loans, such Purchase Contract to be in a form acceptable to the Town; and WHEREAS, the Town has determined to authorize the sale of the Mortgage Loans and the redemption of the Bonds, the execution and delivery of such documents and the taking of such other actions as may be necessary or convenient to further carry out the purposes of the Resolution; and NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. Approval of Sale of Mortgage Loans and Redemption of Bonds. The Town hereby approves the sale of the Mortgage Loans and the redemption of the Bonds pursuant to the Indenture. (]1-12 • • Section 2. Redemption of Bonds. That the Mayor of the Town and the Town Manager of tie Town (collectively, the "Authorized Signatories "} are hereby authorized to execute any notices, certificates, contracts, documents, instruments, letters of instruction, written requests and other papers, required by the Indenture in connection with the redemption of the Bands. Section 3. Approval, Execution and Delivery of the Purchase Contract. That the Purchase Contract is hereby approved and that the Authorized Signatories are each hereby authorized to execute the Purchase Contract and to deliver the Purchase Contract to the other parties thereto. Section 4. Execution and Delivery of the Qther Documents. That the Authorized Signataries are hereby authorized to execute and attest such other agreements, assignments, certificates, contracts, documents, instruments, releases, financing statements, letters of instruction, written requests and other papers, whether or not mentioned herein, as may be necessary or convenient to carry out or assist in carrying out the purposes of this Resolution. Section 5. Power to Revise Form of Documents. That, notwithstanding any other provision of this Resolution, the Authorized Signataries executing the documents authorized herewith are each hereby authorized to make or approve such revisions in the form of the documents presented herewith as (the execution thereof being conclusive evidence of their approval of such revisions} may be necessary or convenient to carry out or assist in carrying out the purposes of this Resolution. Section 6. Designation of Investment Banker. The Town hereby designates George K. Baum & Company as investment banker (the "Investment Banker") to the Town in connection with the sale of the Mortgage Loans and the redemption of the Bonds. Section 7. Designation of Bond Counsel. The Town hereby designates Chapman and Cutler as bond counsel ("Bond Counsel") to the Town in connection with the sale of the Mortgage Loans and the redemption of the Bonds. Section 8. Authorization of Certain Actions. The Town authorizes the Investment Banker and Bond Counsel to take such actions on behalf of the Town as may be necessary in connection with the sale of the Mortgage Loans and the redemption of the Bands. Section 9. Effective Date. That this Resolution shall be in full force and effect from and upon its adoption. Section 10. Severability. If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution. [Remainder of Page Intentionally Left Blank] ~ • • rNTRODUCED, READ, APPROVED AND ADOPTED #his 4th day of December, 2001. ,``~),~ rte`` `t ~.:; W sE~~, ..~~ ATTEST: ~• ~~i~Ubi,CQulllt111ppt1Uti~4 G vCc~~~U--~ Corele~Donaldson. Town Clerk Ludwig Kur~if, Mayor ~~. ~~ o' ~ .~ m x 0 c m w • a `~... - ~.4 0 m ~ C) O p' O ~ a ~ ~ ~ g ~~ '~o (~D O -~ W Q C~ O n p O m g a 8 •« ~. m~~ ~gs $~: ~~~~ ~~~ Q m~ p~ Q m ~. ~ ~ ~ m ~ ~ ~ m Q - 3 cD 'C3 ~~„ ~ ~ ~ n O ~' m (~ ~ Q cD ~ a p O p p Z c ~, m o o- ~ m z m m~° cu m ~ N~~ a ~ ~ ~ ~ ° Q m ~ ~ ~. ~ ~ Q ~ ~ (D ~ cD ~. cQ ~ ~_ ~- CD (D C (D y ~. (D ~_ .~ ~ {p ~ ~ CxD ~ ~ Q o Q ~ (D ~ Q ~ Q () ~ ~ Q ~ , K C O Q p ~ O b Q~ w Q -~ Q 1j;~ O Ck p cD Q -r ~~ ~ ~' ~' C7 c~D ~ ~ ~( ~' `L ~ Q N N ~ ~ ~ (D ~ ~ ~ S ~ ~ ~ ~ Q m N ~ ~ ~ ~ ~ ~ o ,~, ~ ~, o Q ~ (~-D~+ ~ D N ~ m ~ ~ ~ ~ o ~ ~ ~ N ~ U ~ O ~ W ~ ~ ~ ~ o~ Q cD ~~ ~ N p D '~ a -~, c3D ~ N n Q ~ ~ ~ ~ a 4 cfl ~ (D Q cD O O ~ ~ Q p ~ c4 -+ C) ~' O m z ~ ~ -„ O C? m ~ rD~n O .. " 0 0 O C ~^ l 0 Z 9y ~~pS d~~1~iEY ~ -~ ~^~mozOmm .w i~zyx~.~o,o ~ a mG~Mizz ~ ~ ~. ., >mMO~~~y a ' ~ t7 ~Oxs~. T~c ~ 2Z .~: i~~~~:~~o c ~~ Q ~~pmmm0~ o.:. - N ~} i~~aZn~ e ~~~m~~r ~ w ~~ a sw a erd P~ ~1 1311ntie. 711e Town ~~ tlw . ~~a i+l.._ , ~ ~.~ _ - _.. SECTION 2. Radamgdon d Batas. That the Mayor d psv Town and. Town .MSneper d tlta Town (aoM lectively, the 'Authorized SlQnataleeq era hereby authorized 4o execute ~ , ~. contracts, daGUnlenta, ht_ structlon. wrfltan requests and other papers re• q~ired by the Indenture In oonnecdat wflh-the re- demption d the Ronde. &ECTION 3. et, Executlon and udhrery d g,a Pur- chase That the Prxdreae Contract 1s t~oriegs~ere~her~ a tuth~arized x~eart Purohese Contrsct and b dealer the Purehaes Cornraet a Ina deer panlea ihsroto. sECrlaN,. Execution and d tire Other Daar- menle. That the AuGIMiz~3ignebrks are Itera- hr atdhaiaed to exewite aarrww std suds alher agreements, assfpnmente, rxrtilieatas..• .a, doaunenta, inetrumeda, releases, tlnprrdnp etetements, Nttera d ku7trUCliat, written and otirer papers, wttieiher a not rtlens~d herein, u may Ee ry or .. 1 to ~~rry asetst h cenyhig out rho purposes d s~cnoN s. Paver b Revlee Fam d Oowntente. That. no~~o ~ ~ lotion, the doaanartte autitorized - ere each hereby autttoritsd b [RefOe ar eltdY h Mrs form d tIM doQUn9nte ~,.. IlwetNlh as (the.weafiMonthenetlreltpYAIY4~IretY.e~ d tlteir ~ 1 d ettetr nvhlor~l mm~ayy ~ nsa esaery o1 ostirwtleeft.b 17enY ort a Wl{t h cer• rylrip out rite puposes d t1Ne AMONrtlon. t3fCTiON 8. Town herd ~ Yn . K. Baum & CampanY ~ ~restinsm trankarine "irnreavnerrt )p tl~e Town h .. wile rtes safe d~fhe~MarApeye t-0erte and the redsmption d iha tom. SECTION 7. . C ..: „ , ton d Bond Camael. The Torn hereby dedignatss an gird Cutler as bond caunset ('Bard re ihs Term h conrtec- Gort with Ore-pale d the Warn and the redemption of rile Bonds. &ECTION 8. AWrorittiGat.d Cettedn Aatlons. The Tbrm authorkes the Irrveetrnsnt BaNrer and Band Counsel to take each actions on behalf d ti,e Town es:rnsy be .,.: ry h oarmectiar wkh the cab d Cre Mortppge luane end the redam~ tion rH the Bte+de. . - sECtioN.e.' Etlacllye beb, mat this Aesokdfon ~,au be In foil tome and etlect trom and upon its adoption. SECTION 10. SevaratriAtyr. R anY clause a provlelon d ftde Resolution B 1! or any reason be held !Q be ktttefld or unartforoeade, the InvelkQly or urrodoroeaf~ty of such aerlfon, Paregrapt~, cdaue9 a ; .: >n shell net eRect any d ins remeGdng ,.. i.1. , al this Reeolu- li~n. INTROpl1C£D, .REAL), APPROVEt] AND A[)OPTEp thEe 4th deyd Qecempar 2001. Tt]~YJJ t)F VAIL KWz ATTE 7: Pilhiht~tl iti ilia -.. pi QjcMn6M1',-~ -..- . ~~ • • • RESOLUTION No. 13 Series of 200'{ A RESOLUTION BY THE VAIL TOWN COUNCIL ADOPTING THE EAGLE VALLEY REGIONAL TRAILS PLAN, PREPARED BY THE EAGLE COUNTY REGIONAL TRANSPORTATION AUTHORITY WITH THE PARTICIPATION OF THE COMMUNITY WITHIN EAGLE COUNTY WHEREAS, the Eagle Valley Regional Trails Plan was created to specifically describe the vision for an Eagle Valley Regional Trails system that will connect the communities of the Eagle River and Gore Creek Valleys; and WHEREAS, the primary focus of the Plan is the creation of a paved arterial "care" trail, to be known as the Eagle Valley Trail, that will span the county from Vail Pass at the east end to Glenwood Canyon at the west end; and WHEREAS, the goals of the Plan, in part, are to promote cooperative partnerships for trail planning, funding, design, construction and maintenance between local governments, organizations, businesses and citizens; to provide alignment and design details for avalley-wide, shared use, non-motorized, off-road trail system that is safe and enjoyable; to provide recommendations and guidance for land use development review by local governments and supports the goals of existing land use plans regarding the provision of trail facilities; to promote the improvement of local roadways and revision of standards to accommodate certain non-motorized uses; and WHEREAS, the Plan provides for three types of trails which includes off-road shared use trails, unpaved trails and shared roadway trails aimed at providing trail use opportunities for recreationalists, cyclists in training, commuters and equestrians; and WHEREAS, the Town of Vail actively participated in the formulation of the Plan through citizen participation on the Eagle Valley Trails Committee, representation on the Eagle County Regional Transportation Authority and through town staff support; and WHEREAS, on April 9, 2401, khe Town of Vail Planning and Environmental Commission held a public hearing on the Plan and has forwarded a unanimous (5-0) recommendation of approval for the adoption of the Plan; and WHEREAS, the citizenry of the Town of Vail wishes to express its support for the Eagle Valley Regional Trails Plan; and WHEREAS, the Vail Town Council finds that the implementation of the Plan is considered an important action by each partner for enhancing the transportation and recreation opportunities available to the citizens and guests of our community and region. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: The Vail Town Council hereby adopts the Eagle Valley Regional Trails Plan, dated August 2001. INTRODUCED, READ, APPROVED AND ADOPTED this 18t" day of December, 2001. :.:~.:,s ,:~. ~~ ~~ _ ;:~ ''. ~a. ~ ~ _ Ludwig Kurz, iV~1~r, Town ofi Vail r oret~ Donald on, Town Clerk, Town of Vail 4• T ~~ ~'~- ~9,~ w . / Q CAD ~ ~ ~ C) o m a a ° ;~ a ~ ~ V1 O ~~ O Q O m o ~ m Q ~~ ~y Q "C o n O G O_ m Q cD • Q Q. n (D ~ p ~- Q CD O D Q ~ ~ ~ (D ~ ~ cn' ~ Q Z m -n S (D ~ y~~ ~' ~ ~ v,' m ~ n ~~ c~ ~~ o 0 o Q z ,~ O c° c~ o Q~ n Q m z D O ~- ~ Q N ~_ ~~ c o~ 0 ~ ~ ~„ w m o X p (yp (~D (D Q (D ~ n ~_ j Q O `~ ti Q Q~ ~ ~, 'C a~ OQ v v v r~ ~ C ,__{ ~ ~ ~ ~ VI f!7 M `~ (D ~ cD 3 cD 7 Q ~ b cn /~ ~ Q O Q ~ Q N ~ ~ O Q Q. ~ ~ ~ C Q ~ Q ~ ~ ~ ~ ~~ ~ Q. ~ d O 4F ~ ~ " -a m ~?. o Q a ~ Q o ,~ o a r a~ n ~. ~ C U7 Q Vi Q o O~Q° -~`° °`~ QQa ~ ~ ~ ~ ~ ~ ~ ~ ~ m Z ~ - ~' ~ -~ ~ Q Q Q m~~ D 7 6 ~, ~ Q' ~ O ~ (~ ~ cD ~ 6 ~ _ cD ~ cD ~ Q ~ ~ ~ ~ S cD O O ~ ~ Q ~ ~ cD Q o ~ p ~• ~. ~ G a~ ~ ~ RI w-J ~ • ~ • RESOLUTION No. 14 Series of 2001 A RESOLUTION EXPRESSING THE TOWN OF VAIL'S SUPPORT FOR THE COLORADO WILDERNESS ACT OF 2001 WHEREBY DESIGNATING CERTAIN BUREAU OF LAND MANAGEMENT LANDS FOR WILDERNESS DESIGNATION WHEREAS, Congressional Wilderness designation provide permanent protection to the natural, scenic, recreational, and biological values of federal land and certain lands administered by the Bureau of Land Management in Colorado that possess such natural, scenic, and biological values of an outstanding nature; and WHEREAS, A variety of uses, including high impact activities such as resource extraction, and low impact activities such as non_motorized recreation are appropriate on lands administered by the Bureau of Land Management; and WHEREAS, Wilderness designation of such sites as Castle Peak, Bull Gulch, Deep Creek, Pisgah Mountain and Hack Lake (Flat Tops Addition) that are administered by the Bureau of Land Management would leave many other lands open to higher impact uses; and WHEREAS, These potential wilderness sites are highly valued by Colorado residents along wi#h our guests and visitors of the Town of Vai] for activities such as hunting, hiking, horseback riding, site seeing, wildlife viewing, camping and grazing; and WHEREAS, Colorado residents, including many in the Town of Vail and our guests, place a high value on natural and scenic landscapes as an important aspect of their quality of life, and protection of land in its natural state helps to preserve our quality of life; and WHEREAS, Many Colorado residents, including the Town of Vail, support permanent protection of additional Bureau of Land Management lands in the State of Colorado for wilderness area designation; and WHEREAS, The Town of Vail wishes to express its support for the designation of sites such as Castle Peak, Buli Guich, Deep Creek, Pisgah Mountain and Hack Lake (Flat Tops Addition) as some of Colorado's newest wilderness areas; and WHEREAS, The Town of Vail represents the voice and concerns of its citizenry to our state and national wilderness area decision-makers who value local input. NOW, THEREFORE, be it resolved by the Town Council of the Tawn of Vail, Colorado: The Vail Town Council, of Vail, Colorado, generally supports the wilderness designation of lands in Colorado and strongly urges our state and national wilderness area decision-makers to support the designation of Castle Peak, Bull Gulch, Deep Creek, Pisgah Mountain and Hack Lake (Flat Tops Addition) sites as wilderness areas, as described in the "Citizen's Wilderness Proposal for Bureau of Land Management Lands". INTRODUCED, READ, APPROVE© AND ADOPTED this 18'" day of December, 2001. ~ `~~ .rug, `C ~--~ ~ E ~ ~+ ~ __ Ludwig Kurz~IVlayor, Town of Vail 1 ~' L rele' onaldson, Town Clerk, Town of Vail ~ ti41~ l • Pisgah NXuuntain Colorado Wilde~ess Network • Citizens' ~V~derrteas i<nvEntory Preliminary ttesults, Jane ZQOX 1=YelI bslotiv the elevation of mpst Colorado ylTilderness tireas, the steep topo~r .~;hy along the Colorado River includes red sarndstorre cl~s, Arid rock grasslands tzrtd aspen groves. L~/ HT~l~i Resource Area: Grand .function RA Pis Mountain' 15,667 aeries Location Three mites southwest of McCoy and four miles west of Hoed, this unit's northern boundary is the Colorado River. wilderness Qualitties t The land of man is noticeably absent within the Pisgah Mountain unit. Except for traces of early human settlement, dame identified as I1te, the area is primarily affected by the forces oI'nature. l~isga,h I1Qoutrtain rises Z,OOU Feet from the Colorado River, which has carved` an extensive and scenic canyon on the north and east sides of the unit. The presence of the river's riparian ecosystem affords a meat variety of flora and fauna and adds to the unit's autstaindirxg scenic qualities. This is a diverse area in the foothills and lower montane life canes. The $,d00-foot elevation of Pisgah Mountain, which is the unit's high point, puts Piste well below the altitude of nnost designated Wilderness areas in Colorado, The rigged topography of the Pisgah Maunta~n unit reduces the frequency of visitation. This gives the area a wild, unpopulated feeling and makes it a prime resource for noel m-otorixed, aan-developed .~~.;.wtion. Red rack cliffs of the State HridgG formation fringe 1'lsgah Mptrnfaln and add to its sense of isolation. Pandemsa piees grow along the Cfllorado River and arid, tacit grasslands cover the flanks of Pisgah Mountain. Sc.~:1:...:d aspen groves acid diversity to act otherwise . austere desert enviranrnent. 'Fhe unit pro~des a "habitat linkage zone" for the lynx. ~tlYentary HL7tOry The Pisgah Mountain taut was inve~ried by th'e BLM in the late 1970's. The BI.,M dropped Pisgah from further coxlsideration for Wilderness because they found the area #o lack ot.;a~ding opportunities for solitude and unconfined recreation. The BX,M's finding was based on steep topography, a narrow configuration, and sparse vegetation. Citizens' inventories found the area to eorrtain ample Wilderness Characteristics. The unit's topography, configuration and vegetation make for art outstanding Wilderness experience. Resource Info~r•tnataon I The cutting o:f pinyon jumper forests for wildlife habitat, notably sage grouse, has impacted the Pisgah 1Vlaevrtain, unit. There are vestiges of an old stagecoach road off the old Colorado River road, both of which are foot trails. There is potential for significant Ute/Paieo artifacts, though no surrey Itas yet been performed. 13eveloped ~Y.;.,,gs, ditches and stock poAds far iR _:.aawlC exist, bR# &17G gl1rC1[ly lyemg 7eVCgGlHted ~ natural progression. There are no dams or water diversions. 'Isere are no active oil and gas leases is the unit. t losed roads have been ripped and .:a;,;,,led. ss part of the Castle Peak Travel 11~anagement Plan. 1Vlatorixed use is Limited to designated, summer-only routes. The one road within tlxe uni# (Road 8585] could quickly and easily be closed and t+educed to foot trail status. An old wates• troagh acrd water tank at 8aienced Rock Spring could be hauled ~y to eliminate sights of man. i2/i1/U1 17:42 Felg 3038444886 lixnr+e "~'""'"~` .1. -. J!. • r ~ •~ '1 r ~. ati t •~ - I / .+;r' .~ i~°.. P; _ Imo. N,••~ ~: J _ _ ' __ ..jSl'• ~.1, 1. ,, ./, r. --_ • _ '..,t -,.j ' -- _ ,~~ . `i. /• /I. ~T ~ l ~ _ .- _C-. ~._ .Il rte- - „ •i °' -_ ~:~ - i . ~ r. ' •:;.. ~ '.r=~,~: -~ ~;..: ~'•' ~-~' ;. ' - I Ni~• ': '-. I ~- ~ ~~ ~ -~ ~' ua it ~ sa ,3~ ~~' / .-.L^_ '~.•~,*y,4 ~ •. -- ~ .j !i ='~` - f~ 'ter •~ :.-_ - . ~' ~,f - ~ •."Ms _, y-- ~-,.:• ~- - =off' ~_e ?5 _ •~C . ~ ?$ i f + ~; -- ,~ - ~.:. ~ • ~''' . / `~;~' . L• - ~ s .r -~« ~~ ~ _ it ..• :^` - I I • • -~ Jam. ,I ~/~ ~• / ~ / r d ,• ` 1! •l _ ~ ~1^ '.1 _~ .. __ ~. ~/ - ;• ~ S 'ice ~ 1 '~I~ ~~• ~~ I X1:1 - '~ ~ I: I' ~ ~{' >.' ' f ~ x. Count' I~rrte ` ~ •`~-:;~ ~•.~. _ I .... _ ;~,'~; ;- - .vim ~y~ `4~:.=a ; r ~ • '' - r ~d':' a~A~..I Ii. J.:. •~ a ~ ~ '~~ _ ~putiE f R~ Lfl7'11~ +~8~L15 _ ~, i, ~'y • -r- . ~_ C~fsed N ~ FrivatC ='; . ~~ - :~.. ~ kiCldord~B.' ~ IdlrOall ,' :jj '-3::' - - ' ~' '-'`._~~Y.~-•~.::~ - ~ ~ I . is ~l ,: •1 S .~..~+ .,_ , ti~ • • RESOLUTION NO. IS SERIES OF 2001 A RESOLUTION DECLARING THE INTENT OF THE TOWN OF VAII., COLORADO TO ISSUE MULTIFAMILY HOUSING REVENUE BONDS TO PROVIDE FINANCING OF A MULTIFAMILY RESIDENTIAL FACILITY FOR LOW AND MIDDLE INCOME PERSONS AND FAMILIES; PRESCRusiNG CERTAIN TERMS AND CONDITIONS OF SUCH BONDS; AND CONTAINING OTHER PROVISIONS RELATING TO r alp PROPOSED ISSUANCE OF SUCH BONDS. WHEREAS, the Town of Vaii, Colorado (the "Town"), is a legally and regularly created, established, organized and existing home rule town under the provisions of Article XX of the Constitution of the State of Colorado (the "State"} and the Hoare Rule Charter of the Town (the "Charter"); and WHEREAS, the Town is authorized by the County and Municipality Development Revenue Bond Act, constituting Article 3, Title 29, Colorado Revised Statutes, as amended {the "Act"), to finance one or more projects (which includes any land, building or other improvement and real and personal properties) to the end that residential facilities for low and middle income families or persons intended for use as the sole place of residence by the intended owners ar occupants may be provided which promote the public health, welfare, safety, convenience and prosperity; and WHEREAS, the Town is further authorized by the Act to issue revenue bonds for the purpose of defraying the cost of financing any project, including the payment of pxincipal and interest on such revenue bands for not exceeding three years, funding any reserve funds which the Town deems advisable, maintenance of the project and all incidental expenses incurred in issuing such revenue bonds, and to secure payment of such revenue bonds as provided in the Act; and WHERAS, representatives of Coughlin & Company, Inc., as managers or partners of a to be formed limited liability company or other partnership entity and its successors or assigns (the "Developer"), have met with officials of the Town and have advised the Town of the Developer's interest in the acquisition, construction, improvement and equipping of a multifamily rental housing project, consisting of approximately ld2 units containing complete facilities for living, and have proposed that the Town issue its multifamily housing revenue bonds, in one or more series, to finance the Middle Creek project (the "Project"), which Project is to be located on land leased from the Town of Vail, within the boundaries of the Town, to be owned and operated by the Developer; and WHEREAS, the Project constitutes a project under the Act, and the Town wishes to declare its intention to authorize an issue of its multifamily housing revenue bonds, in one or more series {the "Bonds"}, for the purpose of paying the cost of financing the Project, upon such terms and conditions as are contained herein; and WHEREAS, the Town has considered the Developer's Project proposal and, upon the expectation that the Project will provide more adequate residential rental housing for low and middle income persons and families within the Town, the Town wishes to declare its present intention to authorize the Bonds for the aforesaid purposes, all upon such terms and conditions as may be agreed upon by the Town and the Developer. • • • NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. In order to benefit the residents of the Town, the Town hereby declares its intent to authorize the issuance of tax-exempt Bonds in an aggregate principal amount of $15,000,000, which amount is estimated to be sufficient: (a) to finance a portion of the Project; and (b) to pay certain costs incurred in connection with the issuance of the Bonds. Section 2. The Town Council of the Town (the "Council") hereby finds, determines, recites and declares that the Bonds shall not constitute the debt, multiple fiscal year obligation or indebtedness of the Town, the State or any political subdivision of the State within the meaning of any provision or limitation ofthe State Constitution or statutes and shall not constitute nor give rise to a pecuniary liability of the Town or a charge against the Town's general credit or taxing powers, nor shall the Bonds ever be deemed to be an obligation or agreement of any officer, director, agent or employee of the Town in such person's individual capacity, and none of such persons shall be subject to any personal liability by reason of the issuance of the Bonds. Section 3. The Bonds shall be special, limited obligations of the Town payable solely from the payments to be made by the Developer (as described below) to the Town under a Loan Agreement to be entered into by and between the Town and the Developer. Section 4. T'he Council hereby Ends, determines, recites and declares that the issuance of the Bonds to finance the Project will promote the public purposes set forth in the Act, including without limitation, assisting persons or families of low and middle income in obtaining decent, safe and sanitary housing. Section 5. The Council hereby finds, determines, recites and declares the Town's intent that this resolution constitute an official indication of the present intention of the Town to issue the Bonds as herein provided, subject to: (a) the Developer either obtaining a binding final commitment of credit enhancement for the Bonds from a credit enhancement entity which is acceptable to the Town or obtaining a commitment far the purchase of the Bonds on a private placement basis by qualifed institutional buyers or accredited investors which are acceptable to the Town; (b) the delivery of an approving opinion of bond counsel to the Town; (c) the delivery of a market study, a~,~,~«isal, survey, title insurance, environmental audit and plans and specifications, all as may be xequired and are acceptable to the provider of credit enhancement and the Town, as applicable; (d) successful negotiation and approval of a Loan Agreement and related financing documents in forms satisfactory to Council; and (e} the adoption of a final bond ordinance by the Council. Section 6. The appropriate officers of the Town are hereby authorized to take such actions as contemplated by the Internal Revenue Code of 1986, as amended and by the Colorado Private Activity Band Ceiling Allocation Act, constituting Article 32, Title 24, fart 1?, Colorado Revised Statutes, as amended (the "Allocation Act") that may be necessary to assist the Developer is applying for volume cap allocation from the state wide pool pursuant to the Allocation Act. Section 7. All actions not consistent with the provisions of this resolution heretofore taken by the Council or any officer or employee of the Town in furtherance of the issuance of the Bonds are hereby ratified, approved and confirmed. -2- ~ • • Section S. If any section, paragraph, clause or provision of this resolution shall be adjudged to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining section, paragraphs, clauses or provisions of this resolution. INTRODUCED, READ, APPROVED AND ADOr i ~,D this 1 Sth day of December, 2001. ~. ,-:. _~; :~ ~ /'~~ ' ~~ ~ V Mayor (SEAL) AttesC: '.~ -K ~~ `Lore i Donaldson, Tov-m Clerk _~_