HomeMy WebLinkAbout2007-08-21 WS VAIL TOWN COUNCIL
WORK SESSION AGENDA
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
1:00 P.M., TUESDAY, AUGUST 21, 2007
NOTE: Times of items are approximate, subject to change, and
cannot be relied upon to determine at what time Council
wili consider an item.
1. Rachel Friede ITEM/TOPIC: Site Visit. The Wren. (20 min.)
2. Warren Campbell ITEM/TOPIC: PEC/DRB Update. (15 min.)
3. Kathleen Halloran ITEMlTOPIC: Review first draft of Town Manager's budget
(Genera( Fund). (30 min.)
ACTION REQUESTED OF COUNCIL: Review and discuss the
first draft of the Town Manager's budget (General Fund).
BACKGROUND RATIONALE: To be provided in separate memo.
STAFF RECOMMENDATION: To be provided in separate memo.
4. Nina Timm ITEM/TOPIC: An overview of required capital maintenance at
Timber Ridge Village Apartments. (15 min.)
The Timber Ridge Affordable Housing Corporation will be back to
Town Council on September 4, 2007, to discuss the costs
associated with Phase I and Phase II of the capital maintenance
projects identified. The Corporation currently has $286,000 in its
replacement reserve account.
BACKGROUND: The Town of Vail purchased Timber Ridge
Village Apartments in July, 2003. When the Town purchased the
property there was deferred maintenance and the majority of the
e�erior maintenance repair has not been addressed with the
interior remediation. The buildings have now reached a point
when the exterior repairs and maintenance must be done in order
to continue to operate the apartment complex. Borne Engineering
was retained and has submitted a Properry Condition Report that
is the basis for prioritizing the exterior repairs and maintenance.
ACTION REQUESTED OF COUNCIL: Listen to the overview of
recommended repairs and maintenance at Timber Ridge in order
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to continue providing 600 employee rental beds in the Town of
VaiL
STAFF RECOMMENDATION: None at this time.
5. Kathleen Halloran ITEM/TOPiC: DISCUSSION OF ORDINANCE NO. 24, Series of
2007, AN ORDINANCE MAKING SUPPLEMENTAL
APPROPRIATIONS TO THE TOWN OF VAIL GENERAL FUND,
CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX
FUND, AND HEALTH INSURANCE FUND OF THE 2007
BUDGET FOR THE TOWN OF VAIL, COLORADO; AND
AUTHORIZlNG THE EXPENDiTURES OF SAID
APPROPRIATIONS AS SET FORTH HEREIN; AND SETTING
FORTH DETAILS IN REGARD THERETO. (20 min.)
ACTION REQUESTED OF COUNCIL: Ask any questions or give
any comments regarding the 2nd supplemental of 2007,
Ordinance No. 24, Series of 2007, an ordinance making
supplemental appropriations to the Town of Vail 2007 budget, in
preparation for approving the first reading during the evening
session.
BACKGROUND RATIONALE: To be provided in a separate
mema
STAFF RECOMMENDATION: Staff recommends that the Town
Council approves Ordinance No. 24, Series of 2007, upon first
reading this evenirrg.
6. BiN Gibson ITEMlTOPIC: Discussion of First reading of Ordinance No. 25,
Series of 2007, an ord�nance amending Sections 12-6B-2, 12-6B-
3, 12-6G2, 12-6C-3, 12-6D-2, 12-6D-3, 12-13-4, Vail Town Code,
to change Type II Employee Housing Units from a conditional use
to a permitted use in the Single-Family Residential (SFR), Two-
Family Residential (R), and Two-Family Primary/Secondary
� Residential (PS) districts, and setting forth details in regard thereto.
(10 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny Ordinance No. 25, Series of 2007, on first
reading.
BACKGROUND RATIONALE: On August 13, 2007, the Planning
and Environmental Commission forwarded a recommendation of
approval for the proposed amendments by a vote of 6-0-0.
STAFF RECOMMENDATION: The Community Development
Department recommends that the Vail Town Council approves
Ordinance No. 25, Series of 2007, on first reading.
7. Matt Mire ITEMlTOPIC: Discussion of Resolution No. 19, Series of 2007, a
Judy Camp resolution submitting to the registered electors of the Town of
Stan Zemler Vail, Colorado, at a regular municipal election held on November
6, 2007, a ballot issue concerning the adoption of a use tax to
finance capital projects and acquisitions: and providing other
details relating thereto. (10 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny Resolution No. 19, Series 2007, in the
evening meeting.
BACKGROUND RATIONALE: At the evening meeting, Council
will be asked to consider Resolution No. 19. Time is set aside
during the work session to assure Council has the information
needed to discuss and make a decision on the proposed
construction use tax ballot question in the evening.
STAFF RECOMMENDATION: Staff recommends approval of
Resolution No. 19, Series 2007.
8• ITEM/TOPIC: Information Update. (10 min.)
9• ITEM/TOPIC: Matters from Mayor& Council. (10 min.)
10. Matt Mire ITEMROPIC: Executive Session, pursuant to: 1.) C.R.S. § 24-6-
402(4)(a)(b)(e) — To discuss the purchase acquisition, lease,
transfer, or sale of property interests; to receive legal advice on
specific legal questions and to determine positions, develop a
strategy and instruct negotiators, regarding Town of Vail workforce
housing. (30 min.)
�1• ITEM/TOPIC: Adjournment. (3:50 p.m.)
NOTE UPCOMING MEETING START TfMES BELOW:
(ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE)
THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION
WILL BEGIN AT TBD, TUESDAY, SEPTEMBER 4, 2007 IN THE VAIL TOWN
COUNCIL CHAMBERS.
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TOWN OF VAIL
2008 BUDGET PROPOSAL
GENERAL FUND AND RELATED FUNDS
The Town of Vail 2008 budget proposal presented in this document continues to support
the five areas of focus identified by the Town Council: 1) facilitate Vail's �
redevelopment; 2) address issues proactively; 3}elevate community leadership; 4)
improve the local economy; and 5) add to Vail's appeal as a place to live, work, and play.
GENERAL FUND
The General Fund supports the town's basic municipal operations. The attached General
Fund budget proposal reflects revenue over expenditures of$ 210,483.
REVENUE - $29,430,002
The General Fund's primary source of revenue is sales tax ($11.6 million) followed by
property and ownership tax ($3.8 million), parking and charter bus service ($3.7 million)
and lift tax ($3.1 million). Licenses and permit fees are also expected to provide
significant amounts of revenue ($2.4 million) in 2008, primarily due to major
redevelopment projects.
Sales Tax - $11,640,000
In this budget proposal, 60% of the town's 4% general sales tax is allocated to the
G�neral Fund. The remaining 40% is allocated to the Capital Projects Fund. By Charter,
approval of this budget will require an affirmative vote by five out of seven Council
members because less than 50% of the sales tax revenue will be dedicated to capital
acquisition and improvements. Total sales tax is projected conservatively at
$19,400,000.
Sales tax revenue is impacted by many variables including: snow conditions, the number
of days Vail Mountain is open; local and internationat travel conditions; construction
activity in Vail; and the economy in general. The 2006l2007 ski season generated
excellent sales tax revenue, and construction activity has not deterred collections as
expected. We budgeted the 2008 sales tax revenue to increase approximately 14% from
the 2007 budget and 8% higher than the 2007 projected collections. Redevelopment
projects are also considered in the projections.
Property and Ownership Tax- $3,843,SOQ
Property tax is estimated based on information from the Eagle County Assessor's Office.
Although final numbers are not expected until November(after the second reading of the
budget in October), we have built in a 10°lo reduction for successful appeals. Property tax
is budgeted at $3,660,000 with ownership tax expected to contribute $183,500.
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Lift Tax - $3,123,852
This is a 4% tax on ski area admissions. Vije have budgeted an 8% increase from the
2007 budget, and a 5% increase from actual results in 2006.
Licenses and Permit Fees - $2,353,950
The largest component of licenses and perrnits is construction permit fees, which
includes building;mechanical,plumbing, and electrical permits. The 2008 budget for
construction permits totals $1,347,000, with �745,826 coming from major redevelopment
projects such as the Gorsuch building, Lionshead Inn!Fogata, and the Concert Hall
Plaza. To be conservative, we have included only major projects currently under
construction or with a building permit in house. Compared with the 2007 projected
budget, licenses and permit fees are doun �134,440 or 10%.
Plan check fees represent an additional $785,000 of the license and permit fee category
in 2008, with design review, Planning&Environmental Commission (PEC), contractor's
licenses, liquor licenses and various other categaries making up the remainder. Plan
check fees are down from the 2007 projected budget by approximately$305,000, or 39%.
These fees are also budg;eted conservatively with rnajor projects budgeted only when the
submittal for plan review is received. Since many of the large development plan reviews
are outsourced, the associated costs are also appropriated only when the submittal is
received.
A new construction mi�igation fee may be requested for implementation in 2008. A
study will be completed this fall to detennine incremental eosts to the town associated �
with redevelopment acti�vity.
EXPENDITURES - $29,219,520
Salary and Benefits
Approximately 60% of the town's expenditures for municipal services are salary and
benefits. The 2008 budg;et proposal includes a perfonnance-based merit increase pool
averaging 5% of salariES. Staff feels this is the minimuln funding needed to remain an
average payer among our coinpetitor group. Also included is a combined benefits rate of
36.8% (40.3% for full tirne regular emplQyees and 9.6% for seasonal and part-time
employees). Although healthcare costs continue to rise each year, we have maintained
the full-time benefits rate at the same percentage of salaries.
Economic Developmen�
The economic activities previously managed by the Town Manager and other areas
within town have been consolidated into a new Eeonomic Development Department.
Incremental funding was not required to form this department. The 2008 proposed
budget includes an,econamic vitality study and comparative destination resort site visits.
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Redevelopment
The proposed 2008 budget includes approximately$1.5 million for outsourced building
inspections under contract with SAFEbuilt Colarado (previously Colorado Inspection
Agency) for major redevelopment projects.
VAIL MARKETING FIIND
Business license fees provide the revenue for this fund, which is restricted to marketing
Vail. Revenue is expected to be flat with the 2007 budget as new businesses offset
closures from redevelopment. Accordingly, expenditures for marketing through the
Commission on Special Events (CSE) are flat at $280,000.
DEBT SERVICE FUND
This fund is used to manage principal and interest on the town's outstanding debt. Funds
are transferred from the Capital Projects Fund to meet annual debt service requireinents
and to cover the next upcoming principal and interest payments on the 1998A and 2002B
bonds.
HEAVY EQUIPMENT FUND
This is an internal services fund that manages the maintenance and repair of town
vehicles and equipment and the purchase of replacement vehicles other fhan buses and
fire trucks. Costs are charged back to departments based on their use of the vehicles and
equipment. A 5.6% increase in charges back to the departinents (and a 10% increase in
overall expenditures) is attributable to fluctuating fueI costs and an increase in the
amount of funds being set aside for future vehicle replacements.
HEALTH INSURANCE FUND
This internal services fund manages the costs of providing health and short-term
disability insurance to employees. Net costs are charged to departments as employee
benefits. Since the town is self-insured on these items, a sufficient fund balance is
maintained to absorb extraordinary claims.
DISPATCH SER�'ICES FUND
This is an enterprise fund, e.g., more than half of its revenue is from sources outside of
the town, managing emergency cammunications for a11 of Eagle County. The county and
911 Board currently fund six dispatcher positions and a systems engineer.
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�'.�008 Budget Analysis-General Fund
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Current Revenue Projection: 2007 2008
� at 60/40 split: ?9,430,002
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i__ at 63/37 split: 26,502,892
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� tx enses excl.staffin : 2007 2008 %a e Var Comments
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i Town Council 77,568 80,250 3.5%
;i own Attorney 81,603 83,736 2.6%
�Court 18,894 19,371 2.5%
a '`own Mana er 240,272 137,800 -42.6% Funds transferred to Economic Development department
_�+=inance 135,939 156,757 15.3% $17K in add'I Treasurer fees-%a e of property taxes paid to County
�;�ales Tax 13,670 14,012 2.5%
_nisk Management � 420 135 431,588 27%
�;rformation Systems 346,442 352,342 1.7%
__I?own Clerk 32 500 51,122 57.3% $15K increase to publication of legal notices(budgeting same as 2006 actual)
'Comm Info/Public Relations 171,990 127,750 -25.7% $21 K moved to Econ Dev budget;$25K resident survey not planned for 2008(every 2 years)
�_�;_��uman Resources 204 745 249,910 22.1% $10K retirement bonuses;incr recruiting budget$SK;$7.5K educ;$12K bus passes
IAdministration 163,185 'f67,823 2.8%
'Oom Dev Admin 42,614 46,970 10.2% Combined all Comm Dev depts for telephone expense(offset by decr.in other depts)
� i P'anning 38,844 38,851 0.0%
�Flanning Projects 6,000 6,Q00 0.0%
_[3uilding 319,964 1,566;221 389.5% $1.2M incr.in construction fees-relates to $2,1 M in revenue
_LE.nviro Health 4Q536 10,976 -72.9% Removed$30K budgeted in 2007 for restaurant inspections now done in-house
;EH Projects 12,000 18,450 53.8% Recycling cost increased during 2007
� ��ousing - - 13,829 ` 14,172 2.5%
t-tousing Rentais 109,593 123,119 12.3% Increased condo dues&trash removal for newly purchased units
�olice 513,299 522;398 1.8%
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�i �=�e 97,192 101,639 4.6°/o $2.3K increase in Haz Mat to RHMAEC(Eagle Cty);based on ann'I budget
�ire Prevention 70,182 ' 81,949 16.8% $10K for training and certitications
1 !Public Works Admin 54,176 55,236 1.9%
� 'Public Works Streets 291,900 3�D;610 3.0%
f '?ransitAdministration 121,188 122;ggg 1.4%
� �_ransit Bus Routes 10,000 10,Q0� _ 0.0%
� �arking __ , 156,785 ' 154,53� -1.4% Will save$30K on maintenance of equip with new equip for'07;bank fees up$25K
��cilities 1,650 085 f,677,60Q' 1.7% Incr.in natural gas;streetscape heat$28K;offset by limited/no increases in other accts
1 onovan Pavilion ` �199,348 202,570 1.6% Based on contract(thru'09)and small incr.in utilities,etc.
� d.brary 333,372 � 338,212' 1.5%
� ��;ontribuLons __ 451,250 472,05�' 4.6% Not including$150K requested for Intemational Cycle Classic
�SE(w/o staffmg) 470,OD0 485,990 3.4°0 °
��Assumes 2.5/o increase less$280K covered by the Marketing Fund
��I�iformation Center 207,414 212,3Q0' 2.4%
� Economic Develo ment 66,762 lncludes$30K for programs and transfer of$21 K from CommunicaYions budget
'iLine Item Bud et 7,150,677 ' 8,5Q1,�47
��ispatch Charges to GF 512,427 535,657 4.5%
�{EF Charges to GF 2,578,141 2,722,793 5.6% Some increases due to fuel and vehicle parts
!Staffing(incl.benefits) 16,340,668 17,459,122 6.8% Benefits at 40.3%;merit increase at 5%
�Total Expenses: __ 26,581,913 29,219,519 9.9%
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�2evenue Over(Under)Expenditures 210,483
���ginning Fund Balance(as of 2nd Supp) 14,686,181
+__
n ing und a ance 4,89 ,
%Fund Balance to Revenue 50:6°!0
. TOWN OF VAIL 2008 BUDGET PROPOSAL
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
GENERALFUND
2007
2007 Proposed 2008 Fav(Unfav)
2006 Original Amended Proposed vs 2007
Actual Budget Budget Budget Amended
Revenue
Local Taxes:
Sales Tax Split b/t Gen'I Fund&Capital Fund 52/48 63/37 60/40
Sales Tax $ 9,345,660 $ 10,741,500 $ 10,741,500 $ 11,640,000 $ 898,500
Property and Ownership 2,931,347 3,007,998 3,007,998 3,843,500 835,502
Ski Lift Tax 2,975,098 2,890,000 2,890,000 3,123,852 233,852
Franchise Fees, Penalties,and Other Taxes 884,328 807,000 807,000 826,110 19,110
Licenses&Permits 3,561,757 1,883,550 2,779,550 2,353,950 (425,600)
Intergovernmental Revenue 1,477,270 1,283,200 1,348,900 1,366,800 17,900
Transportation Centers 4,099,674 3,685,380 3,685,380 3,736,380 51,000
Charges for Services 667,423 752,856 773,008 816,410 43,402
Fines&ForFeitures 286,197 201,500 201,500 215,000 13,500
Eamings on Investments 820,136 425,000 795,000 675,000 (120,000)
Rental Revenue 827,280 754,908 737,220 763,000 25,780
Miscellaneous and Project Reimbursements 501,698 70,000 70,000 70,000 0
Total Revenue 28,377,868 26,502,892 27,837,056 29,430,002 1,592,946
Expenditures
Salaries 11,347,540 12,099,741 12,169,578 12,965,560 (795,982)
Benefits 3,798,569 4,240,927 4,242,280 4,493,562 (251,282)
Subtotai Compensation and Benefits 15,146,109 16,340,668 16,411,858 17,459,122 (1,047,264)
Contributions and Special Events 952,290 1,176,664 1,464,664 1,170,340 294,324
All Other Operating Expenses 5,644,388 5,974,016 7,394,336 7,331,608 62,728
Heavy Equipment Operating Charges 1,765,937 1,946,418 1,946,418 2,093,149 (146,731)
Heavy Equipment Replacement Charges 571,135 631,723 631,723 629,643 2,080
Dispatch Services 525,994 512,427 512,427 535,657 (23,230)
Total Expenditures 24,605,853 26,581,916 28,361,426 29,219,519 (858,093)
Revenue Over(Under)Expenditures 3,772,015 (79,024) (524,370) 210,483 734,853
Transfer to Capital Projects Fund (2,000,000) (222,500)
Transfer to RETT ��2,772� _
Beginning Fund Balance 13,673,808 12,664,969 15,433,051 14,686,181
Ending Fund Balance $ 15,433,051 $ 12,585,945 $ 14,686,181 $ 14,896,664
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TOWN OF VAIL 2008 BUDGET PROPOSAL
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
VAIL MARKETING FUND
2007 2008
2006 Original Proposed
Actual Budget Budget
Revenue
Business Licenses $ 301,861 $ 304,000 $ 304,000
Earnings on Investments 3,538 - -
Total Revenue 305,399 304,000 304,000
Expenditures
Commission on Special Events 280,000 280,000 280,000
Collection Fee-General Fund 15,093 15,200 15,200
Total Expenditures 295,093 295,200 295,200
Revenue Over(Under) Expenditures 10,306 8,800 8,800
Beginning Fund Balance 36,211 45,011 53,811
Ending Fund Balance $ 46,517 $ 53,811 $ 62,611
DEBT SERVICE FUND
2007 2008
2006 Original Proposed
Actual Budget Budget
Revenue
Transfer from Capital Projects Fund $ 2,236,200 $ 2,322,497 $ 2,321,825
Earnings on Investments and Other 25,757 - -
Total Revenue 2,261,957 2,322,497 2,321,825
Expenditures
Principal 1,755,000 1,810,000 1,890,000
Interest Expense 562,323 512,099 432,396
Fiscal Agent Fees 900 2,500 2,500
Total Expenditures 2,398,223 2,324,599 2,324,896
Revenue Over(Under) Expenditures (56,266) (2,102) (3,071)
Beginning Fund Balance 305,522 221,898 219,796
Ending Fund Balance $ 249,256 $ 219,796 $ 216,725
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TOWN OF VAIL 2U08 BUDGET PROPOSAL
SUMMARY OF REVENUE, EXPENDiTURES AND CHANGES IN FUND BALANCE
HEAVY EQUIPMENT FUND
2007
2007 Proposed 2008
2006 Original Amended Proposed
Actual Budget Budget Budget
Revenue
Town of Vail Interagency Charge $ 2,413,781 $ 2,578,141 $ 2,578,141 $ 2,722,793
Insurance Reimbursements&Other 59,207 37,900 37,900 38,800
Earnings on Investments 49,500 8,000 8,000 65,000
Equipment Sales and Trade-ins 2Q,287 49,330 49,330 133,530
Total Revenue 2,542,775 2,673,371 2,673,371 2,960,123
Expenditures
Salaries&Benefits 789,Q02 926,331 926,331 984,429
Operating, Maintenance&Contracts 1,Q91,844 987,873 987,873 1,180,450
CapitalOutlay 277,823 671,300 671,300 686,300
Total Expenditures 2,158,669 2,585,504 2,585,504 2,851,179
Revenue Over(Under) Expenditures 384,106 87,867 87,867 108,944
Beginning Fund Balance 1,001,277 1,292,685 1,385,383 1,473,250
Ending Fund Balance $ 1,385,383 $ 1,380,552 $ 1,473,250 $ 1,582,194
HEALTH INSURANCE FUND
2007
2007 Proposed 2008
2006 Original Amended Proposed
Actual Budget Budget Budget
Revenue
Town of Vail Interagency Charge- Premiums $ 1,856,000 $ 2,242,900 $ 2,242,900 $ 2;242,900
Employee Contributions 226,805 241,600 252,200 241,600
Insurer Proceeds 368,723 5,000 152,000 5,000
Earnings on Investments 50,431 27,200 33,500 27,200
Total Revenue 2,501,959 2,516,700 2,680,600 2,516,700
Expenditures
Health Inusrance Premiums 296,956 299,400 299,400 299,400
Claims Paid 2,030,357 2,143,800 2,772,000 2,143,800
Short-term Disability Pay 53,727 56,000 40,000 56,000
Professional Fees 17,500 17,500 17,500 17,500
Total Expenditures 2,398,540 2,516,700 3,128,900 2,516,700
Revenue Over(Under) Expenditures 103,419 - (448,300) -
Beginning Fund Balance 905,854 475,154 1,009,273 560,973
Ending Fund Balance $ 1,009,273 $ 475,154 $ 560,973 $ 560,973
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TOWN OF VAIL 2008 BUDGET PROPOSAL
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
DISPATCH SERVICES FUND
2007
2007 Proposed 2008
2006 Original Amended Proposed
Actual Budget Budget Budget
Revenue
E911 Board Revenue $ 473,939 $ 563,654 $ 563,654 $ 582,183
Interagency Charges 863,644 901,858 901,858 956,694
Town of Vail Interagency Charge 525,994 512,427 512,427 535,657
Earnings on Investments 29,320 - - _
E911 BOARD Capital Grant 24,092 - -
Project Reimbursement - - 72,000 -
Other 27,766 -
Total Revenue 1,944,755 1,977,939 2,049,939 2,074,534
Expenditures
Salaries&Benefits 1,289,334 1,470,322 1,470,322 1,559,641
Operating, Maintenance&Contracts 365,966 475,119 475,119 534,467
CapitalOutlay 15,391 50,000 122,000 50,000
Total Expenditures 1,670,691 1,995,441 2,067,441 2,144,108
Revenue Over(Under)Expenditures - (17,502} (17,502} (69 574)
Transfer to Capital Projects Fund _ _ _
Transfer from General Fund
Beginning Fund Balance 269,122 329,044 543,186 525,684
Ending Fund Balance $ 269,122 $ 311,542 $ 525,684 $ 456,110
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TOWN OF VAIL 2008 BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
CONFERENCE CENTER FUND
2007 2007 2008
2006 Original Amended Proposed
Actual Budget Budget Budget
Revenue
Taxes
Sales Tax _ _ _ _
Public Accomodations Tax _ _
Penalties and Interest on Delinquent Taxes -
Subtotal Taxes _ _ _
Other
Earnings on Investments 384,024 300,000 300,000 425,000
Total Revenue 384,024 300,000 300,000 425,000
Expenditures-General Government
Management Fee _ _ _
General Suppiies and meetings _ _ _ _
Capital Outlay _ _ _
Total Expenditures _ _ _
Revenue Over(Under)Expenditures 384,024 300,000 300,000 425,000
Beginning Fund Balance 8,237,877 8,512,877 8,621,901 8,921,901
Ending Fund Balance $ 8,621,901 $ 8,812,877 $ 8,921,901 $ 9,346,901
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To�nrn of Vail
Employee Benefits
2008 Budget Proposal
$ % Salary
Fuli-Time Regular Employees
Fee Based
Health Insurance 2,452,561 18.7%
Group Term Life and Accidental Death Insurance 76,500 0.6%
Long-term Disability Insurance 60,000 0.5%
Survivor's Life Insurance 74,000 0.6%
Short-term Disability Insurance 40,000 0.3%
Wellness Benefit 96,000 0.7%
Sworn Officer Death and Disability Insurance 62,000 0.5%
Subtotal Fee Based 2,861,061 21.8%
Payroll Based
Pension Contribution 1,962,069 15.0%
Medicare 190,150 1.5%
Workers' Compensation Insurance 230,600 1.8%
Unemployment Compensation Insurance 39,300 0.3%
Subtotal Payroll Based 2,422,118 18.5%
Total Full-Time Benefits 5,283,179 40.3%
Part-Time and Seasonal Employees
Fee Based
Wellness 75,900 4.5%
Payroll Based
Pension contriburion 25,049 1.5%
Medicare 24,214 1.5%
Workers' Compensation Insurance 29,400 1.8%
Unemployment Compensation Insurance 5,010 0.3%
Subtotal Payroll Based 83,673 5.0%
Tota! Part-Time and Seasonal Benefits 159,573 9.6%
Total Benefits -All Employees 5,442,752 36.8%
Be�efts o�2�0� - 10 - 8/16/2007
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2008 Contributions
Please see the attached spreadsheet to coincide with the following background and
recommendations.
ECONOMIC
A. Bravo! Colorado
BACKGROUND INFORMATION: Bravoi Vail Val#ey Music Festival is requesting$175,000 to help
fund travel, administration, marketing, advertising and promotional expenses for the 2008
Philadelphia Orchestra and the New York Philharmonic—Vail Residency programs.
STAFF RECOMMENDATION: Staff recommends funding at $175,000 (same as 2007
Contributions). Historically, the Town of Vail has contributed funding the New York Philharmonic
and the Philadelphia Orchestra Tier 1 programs as well as another $25,000 towards Bravo!
operating expenses. The town has historically paid $1,800 for advertising within the Bravo!
publication, but will now receive that placement for na charge. The cultural benefit to the Town of
Vail and the tourist attraction of this event are major factors in staff's recommendation for funding.
B. Vail Farmer's Market.
BACKGROUND INFORMATION: Vail Farmer's Market is requesting $4,000 of in-kind value to
cover the cost of services provided by the Town af Vail during the events, and $6,000 of cash to
cover the cost of traffic control. The Commission on Special Events funded $50,000 toward the
Farmer's Market in 2007.
STAFF RECOMMENDATION: Staff recommends funding the in-kind request of$4,000 which will
be included in the town's 2008 operating budget. Staff also recommends funding the$6,000 cash
as requested.
C. Vail Jaxz Foundation
BACKGROUND INFORMATION: The Vail Jazz Foundation is requesting $12,000 to help fund the
Vail Jazz Festival's Labor Day Weekend Party September 2008. They are also requesting $6,000
of funding for the "Jazz Goes to School" program.
STAFF RECOMMENDATION: Staff recommends funding the Labor Day Weekend Party at the
same amount as 2007: $7,500. Staff does not recommend funding the jazz music education
program.
D. Colorado Ski Museum
BACKGROUND INFORMATION: The museum is requesting total funding of $119,000 and 4
parking passes. The funding will be used as follaws: $69,500 to construct new display lighting;
$4,500 reduction in rent(50%); $20,000 to create a new Vaii's history display; $10,000 for the final
portion of a matching grant to purchase large screen&seating forthe theater;$15,000 to design the
exhibit of ski and snowboard artifacts using muitimedia /interactive technology.
11
STAFF RECOMMENDATION: Staff recommends funding the $20,000 to create a new Vail
historical display. With such high parking demand in our community, staff does not recommend
parking passes (one blue pass is already granted as part of their lease). The remaining items are
not recommended for funding.
E. Vail Valley Partnership (WP)
BACKGROUND INFORMATION: The WP is requesting funding for various programs, totaling
$48,850.
STAFF RECOMMENDATION: The Town has supported the SummerAir Program each year, and
recommends funding of$12,000 at the same level as 2007.
Programs not recommended for funding include:
- Platinum Service Program (PSP) for Vail construction mitigation because the town funds
internal construction mitigation programs. However, staff recommends that the town
participate in PSP mystery shops as in prior years.
- Platinum Service Online Program because this item is not appropriate for town funding.
- Competitive Analysis Program because this duplicates internal programming at the town.
- VVP Events and Programs because the events and activities should be funded by chamber
memberships and fundraising.
F. Vail Valley Foundation (WF)
BACKGROUND INFORMATION: The Foundation is requesting $21,500 of in-kind funding for the
use of town services during various winter events(Birds of Prey, The Session and the American Ski
Classic). They are a(so requesting $105,750 of cash funding and $10,300 of in-kind for -
entertainment programs(Street Beat;Vail International Dance Festival,and Hot Summer Nights). A
new icon event was also presented for$150,000 of funding and$12,000 of in-kind: the International
Cycle Classic.
STAFF RECOMMENDATION: Staff recommends funding the in-kind requests for the special
events and will be built into the town's 2008 operating budget. Staff also recommends the foltowing
levels of cash funding: $28,500 toward Street Beat; $50,000 to the Vail International Dance
Festival; and $27,250 toward Hot Summer Nights. Staff recommends funding the International
Cycle Classic, contingent upon endorsement from the Commission on Special Events. It is currently
not included in the 2008 proposed budget.
G. Vail Chamber& Business Association (VCBA) �
BACKGROUND INFORMATION: The VCBA is requesting $15,000 of funding and 1 blue parking
pass for the Premier Impressions program.
STAFF RECOMMENDATION: Staff recommends $10,000 of funding to be used for Town of Vai!
participation in the Premier Impressions program as in the prior year. Staff also recommends
funding the in-kind blue parking pass to be used as a prize for the Premier Impressions program.
12
H. Radio Free Minturn
BACKGROUND INFORMATION: Radio Free Minturn is requesting a total of $4,000 ($800 to
support the Local Emergency Alert system and $3,200 for operating support).
STAFF RECOMMENDATION: Staff recommends funding the$800 to support the Local Emergency
Alert system ($3,000 was awarded from the 2007 off-cycle contributions for this system). Although
the town awarded another$2,000 in operations from the 2007 off-cycle contributions as a part of
start-up funding, staff does not recommend funding operations in future years.
I. Commission on Special Events (CSE)
BACKGROUND INFORMATION: The CSE is requesting funding for various events, totaling
$850,000.
STAFF RECOMMENDATION: Staff recommends funding up to$816,750. This represents a 2.5%
(or $18,750) increase to event funding, in line with the Town Manager's threshold for all town
departments.
EDUCATIONAL
J. Eagle Valley Childcare (EVC)
BACKGROUND INFORMATION: The EVC has requested $50,000 of funding for 2008. This is an
increase of$10,000 from the prior year, but will fund an additional space for Town of Vail employee
childcare.
STAFF RECOMMENDATtON: Staff recommends funding the annual $50,000 contribution to be
used for the Vail Childcare facility.
K. Vail Valley Exchange/Youth Recognition Award
BACKGROUND INFORMATION: The Vail Valley Exchange is requesting $10,000 to fund two
scholarships (Youth Recognition Award) and travel costs to send two students to Australia.
STAFF RECOMMENDATION: Staff recommends funding this program at $7,000 as in the prior
year.
L. Meet the Wilderness
BACKGROUND INFORMATION: Meet the Wilderness is requesting $12,040 of funding for
programs serving 6tn, 7`n and 8'h graders throughout the valley. These programs seek to teach life
skills by providing adventure education programs to underserved and at-risk youth groups.
STAFF RECOMMENDATION: Staff does not recommend funding this program because it is not
appropriate for town funding.
13
M. The Resource Center of Eagle County
BACKGROUND INFORMATION: The Resource Center is requesting $12,000 of funding for
continued growth of support groups as well as a portion of the cost to operate Freedom Ranch (a
safehouse for victims of domestic violence).
STAFF RECOMMENDATION: Staff does not recommend funding this program because it is not
appropriate for town funding. Social Services programs receive funding from property taxes.
N. Resource Center— Buddy Mentors
BACKGROUND INFORMATION: The Resource Center has requested $10,000 in funding for the
Buddy Mentors program. This program provides one-on-one mentoring relationships with at-risk
youth in a safe environment.
STAFF RECOMMENDATION: Staff does not recommend funding this program because it is not
appropriate for town funding. Social Services programs receive funding from property taxes.
RECREATIONAL
O. Ski & Snowboard Club of Vail
BACKGROUND INFORMATION: The Ski &Snowboard Club of Vail has requested in-kind funding
of$5,285 for 4 days of ice for their annual Ski & Snowboard Swap event.
STAFF RECOMMENDATION: Staff recommends funding this in-kind request as in prior years with
appropriate coordination with the Vail Recreation District.
P. Vail Valley Medical Center(WMC)
BACKGROUND INFORMATION: The WMC is requesting in-kind funding of$4,000 for 500 parking
vouchers for the Spring Fashion Show & Luncheon event held at the Vail Marriott.
STAFF RECOMMENDATION: Staff recommends funding this in-kind request as in prior years. It
will be included in the town's 2008 operating budget.
Q. Vail Junior Hockey Association
BACKGROUND INFORMATION: The Vail Junior HockeyAssn. is requesting a total of$15,391 in-
kind funding including $11,891 for 9 days of ice (3 weekends during November, 2008)for the Vail
Sportsman Tournament and $3,500 for use of the Donovan Pavilion in the spring of 2008 for a
Thank-you party for volunteers, sponsors, parents, and players.
14
STAFF RECOMMENDATION: Staff recommends funding this in-kind request as in prior years,
subject to agreed-upon scheduling with the Vail Recreation District for the ice time. Staff
recommends waiving the fee for ponovan Pavilion, contingent upon coordination with the Donovan
Management Company regarding availability. However, the Hockey Assn. will be responsible for
hard costs for use of the Donovan Pavilion such as set-up, tear-down, cleaning, etc.
R. Skating Club of Vail
BACKGROUND INFORMATION: The Skating Club of Vail has requested in-kind funding of
$11,891 for 9 days of ice for two separate competitions(27th Annual Vail Invitational Championships
in July, 2008 and the 6th Annual Beginners Competition in late December, 2008).
STAFF RECOMMENDATION: Staff recommends funding this in-kind request as in prior years
subject to agreed-upon scheduling with the Vail Recreation District.
S. Battle Mountain High School Alpine Ski Team
BACKGROUND INFORMATION: The Alpine Ski Team is requesting parking passes for up to 30
members of the ski team for 5 days a week during the high school season (10 weeks). Practice
usually runs between 1:30pm to 4:OOpm.
STAFF RECOMMENDATION: Staff does not recommend funding this request due to the parking
demand in the winter season but would be willing to find a parking area for a school bus as an
alternative solution.
T. Husky Hockey Booster Club
BACKGROUND INFORMATION: The Husky Hockey Booster Club is requesting $5,000 cash
contribution plus parking passes for the 4 coaches to attend 6-8 home games & playoffs. The
season runs from November through February.
STAFF RECOMMENDATION; Staff does not recommend this request.
U. Vail Valley Athlete Commission
BACKGROUND INFORMATION: The Athlete Commission is requesting$10,000 cash contribution
to support local athletes. The athletes are also funded bythe Vail Valley Foundation and the Beaver
Creek Resort Company.
STAFF RECOMMENDATION: Staff recommends funding this request in support of our athletes
and for the international exposure for the Town of Vail. $10,000 was awarded in 2007.
15
r`
ARRANGEMENTS &AGREEMENTS
V. Vail Valley Community N/Channel 5
BACKGROUND INFORMATION: Channel 5 is requesting a portion of the franchise fee the Town of
Vail receives annually from Comcast. In 2007 this amount was funded at $70,000. They are also
requesting $10,000 of funding to go towards capital investments.
STAFF RECOMMENDATION: Staff recommends funding 40% of the franchise fee at
approximately$70,000 ($71,201 was paid in 2006). Staff does not recommend funding additional
capital; $10,000 was contributed in 2007.
REAL ESTATE TRANSFER TAX FUND
W. Betty Ford Alpine Gardens
BACKGROUND INFORMATION: The Alpine Garden Foundation is requesting funding of$75,000
for operating expenses. They are also requesting a $10,000 "roll over" of seed money that was
approved last year to continue a renovation/replanting of the Meditation Garden. This is a capital
project in addition to the normal operating budget. The Garden hosts thousands of visitors peryear
and has achieved World-premier status as a high altitude garden.
STAFF RECOMMENDATION: Staff recommends funding operating expenses at$60,000. Funding
in 2007 funding was$56,275. Staff also recommends carrying overthe$10,000 as a match to other
partners'contributions. The Meditation Garden is an existing garden that requires maintenance and
improvements.
X. Eagle River Watershed
BACKGROUND INFORMATION: The Eagle River Watershed is requesting $103,000 of funding.
Of this request, $63,500 relates to the completion, maintenance and monitoring of the Black Gore
Creek and $40,000 of general operating support.
STAFF RECOMMENDATION: Staff recommends funding of$100,000 (same level as prior year)
contingent upon further discussion of project details. Staff also recommends that not more than
20% go toward general operations, with the remainder for specific projects as they are completed.
Y. Southern Rockies Ecosystem Project (SREP)
BACKGROUND INFORMATION: SREP is requesting $10,000 of funding to support the Citizen
Science Wildlife Monitoring program. This program monitors wildlife movement on Vail Pass.
STAFF RECOMMENDATION: Staff does not recommend funding this program.
16
,I"`
2008 Contribution Request Spreadsheet
Last Year(incl.off-cycle) �? w ; �Q$ �`��ts :: ..� : M � �� Staff Rec�rmmen��t�i�lns
2007 Cash . 2007 In-Kind ��a�sS�li =� � ��� ���-� Variance to %age ��� ��� 20p$T�-
, ' ` '' "�, 2007In-Kmd Funded �., � ��r�alt�1t�\l��ttest �. eCom�d ReCU�n'd �
Funded Value �equest �t�� ,e� 2007 Funding Variance R Kind V�lue
GENERAL FUND Contributions: �� � �� � � �. � ��"�' rC�st# Irt-kind
ECONOMIC: �� ' � `;;.�'
A Bravo!Colorado/New York Philharmonic 100,000 `. °. '��,(�„ �'' � '_ ��=„ �.•` ",,,,,� 25,000 ' 7S,�E�I
A Bravo!Colorado/Philadel hia Orchestra 50,000 ?`�,{?Qt� �,; ��� ,, .;, 25,000 ` 75,p00
A Bravo!Colorado 25,000 15 Ford Park Parkin _, , ; ,�U -;. � � ` ' - ' 25,t}t3t1
B Vail Farmers'Mazket 5,000 Traffic,buses,si s 3,000 � �,�,���1"�';r�� �ii, „ s'' '�a �`` ' „ ,�{l�(#: 1,000 6 Q4�1 Traffie,isuses si �#,OfI�'
C Vail Jazz Fesrival's Labor Da Weekend P , S t. 1-4,06 7,500 i��iH? . ? '"� '` „ < ' 4,500 'T,SOU.
� �
C Vail Jazz Foundation's"Jazz Goes to School" ro „ j�r�}pQ: '
�,,,; , �a 6,000 -
D Colorado Ski Museum �.�. ' �
��''}f��.�>.:: ..ni as�e� ._; ���':', � �:;. 3,30t}:: 119,000 ' 2(�,000,
' ' � . : '3 °"�, \:: ;, '., :. . ��.
E Vail Vall Partnershi ' -
��,.��
Platinum Service Program .�r�l� : '� ,���`` 6,000
Platinum Service Online Prograin � ��, `�< '
;
��, 5,000
: , 10,000
Comperirive Analysis Program 1:�,�� `. °' �: °�..,., -' '
Trends Services(Lodging Occupancy) 5,000 ;'' � ,,�„ � � )
.. .. . ,,....
„�, 5,000
SuminerAirProgratn 12,000 �S,�Q �,.�„ k�,,, N�" ' 13,000 ' 12,f�(�1=
Events&Programs � ,�,�5#}_ ��� � `,�`� �„�Q�,'�, 2,850
, ,
F Vail Valle Foundation " '
a �
t „ ,
� �� .
... . .:-: � ..'��. ..<,. - '�. . . �.: �'�. '�..,r�. . �:,��, , a �a�,...
Birds of Prey(Dec. 1-4,OS) ADA& ublic transit 14,000 ��fr, „ �t;I?�;& ��ic fi�tsit. " ��,, ', ��,� >,� ' AI7A& ublic btar�Si I,5,Q0(1'
The Session � Parkin 3 000 � � � -
, �� ��.. � �i� �� � � `,L.�,Qt�� �'arkin' �3,U4'�''
American Ski Classic Parkin 3,500 �.��`� �� ;� :�'': `'''�� �a#3(#% - ' Farkin 3,54Q'
Street Beat/Winter Concert Series 25,000 PD&PW su ort 7,500 �..:��,5{�} 2'T��3c PVt�;su ort'.. „�,. �:. . ..; . .7,�t�'' 3,500 ' 2$,50(� PD�C P1T1�su rt 7,500'
:
Vail International Dance Festival 18,500 ��U,t}Qp ,,,':��;�,�� ` 31,500 ' SO,f�tl
Gerald R.Ford Amphitheater(Hot Summer Nights) 27,250 PD resence 2,800 2T,�SU I'I3 re,senc,e $",���,„ , �,�, �,�U(?•:', - ' �7;2�t) PU Tese�ce 2,8t�'
�
� , , '
Intemational Cycle Classic � � � �, . -_ ` � .., .�_�.. ��}f�i°��:_ 150,000 � �"'"�:' , � � PD&�p'U4�� e�Y't� . ��„QQO- �
�, �"� � �'�'-���'�u �
v c�. �.. �
G Vail Chamber&Business Association(VCBA �' ,�,,,. ,', �,��, ,�'',�_,;,,. ��,,; ��� _ ,,;�:
Colorado Snow Sports Expo 4,000 ,,_ �. ,ti��,�.; .', .�� , •'� - ' �„ , : 4,000
PremierImpressions 10,000 � ,..��1'',�,. 1:�. ,e \s::;`, ', ���, ��;', 5,000 lU,(lOQ 1�lue arkin "'�55 , ��5 '
�..
�, ..�� ��:
� � ` � ; _� �, ` y :
H Radio Free Mintum � :. ' . a�.,,.. F� .. .F �`, ...,.,_: `�. . .,.A': ' 4,000 8{lf? '
I Commission on S ecial Events incl staffin 798,000 ti,�,$ �' %�� ' ' "
�(�, �b�u.... . . , ��: :.....�. .� ,.. :.' '! 52,000 ', $1�i,7S#�
��� :.��.. �.
..����. �. ` " �:
�. �
J Ea le Valle Childcare-annual contribution 4Q000 � ,,,,,,,,�}, , ,,'-''�r,« ' '' ' ? ' � ' 10,000 54,ttQ{I ' ;
��: �.,
Pla und/Safe im rovements 10,000 �- ?� ,,,;�� '� ,�o� 10,000)
K Vail Va11e Exchan e/Youth Reco 'rion Award 7,000
_ ��` �.` 3,000
���t},. ;�� ��.. �a� �
L Meet the Wilderness a�. .�a�'.. , ,�-;� ..� ��� �, � .::. �. , `.-�. ,...: ' 12,040 ' -
M Resource Center of Ea e Coun � a;..�. .. ;>.. �.. � ,.�" �c;yF�y �� �`x.;', ; 12,000 �,w �
N Budd Mentors/Resource Center �_ , , �' �� ;„v,� , ` �,�, � �, ;�;',,� 10,000
�� ����� ��a. �
� .�. �_.x
...
O Ski&Snowboard Club Vail ov 6-9,2008 4 da s of ice 5,285 .; '.. � � s��`ice �,,.: .. `�3 '''' - n. .�; ,: ', 4 s� s���!t���c�;`', ? ., ''Y� ,.��BS
�
�.
P VVMC S rin Fashion Show&Luncheon Mar 26,2008 500-600 1 da rk 4,000 . ��� ��, �' ` , 1, ,: �r ,"'•'�� ,�.�". �4't�}U' - ' �Oi�l�t�� "`atki�� �;Q�(i
Vail Junior Hocke Association-Nov 2008 Tournament 9 da s of ice 11,891 y
Q Y Y z . ..�� .,',d� .<;i�e ,� s�iy�vri4a���.�°.... ', ,�• �� ;°' - ;. ', ... _.. 9 da�s�f,ic� +:�day � �.��391.'
17
.r
� 2008 Contribution Request Spreadsheet
.:. � , ,..
Last Year incl. off-c cle �,. _" ��,.._$R� `u�s .�;' �� �`° ' Staff l�2ec�rimtmi�xtd�ti�an�
( 3' ) �: �..
3 -
��� � , � �� � � ;:
� 2007 Cash 2007 In-Kind �'(���ss� �� � ��a`�� �p$It�t--I�1t Variance to %age ��� ���" ` 20(18In-
�< ;' 2007 In-Kind Funded ���'�qp d Ret��t�:8t � ReCUm'tl Recvm"�1
% Funded Value �e�e�t "� �.��lU� , 2007 Funding Variance I�it�d Vztlqe:
GENERAL FUND Contribntions: ~ �° ' � � F;, C�_s�t . Irt-lciftd� '
R Skatin Club of Vail Jul 10-14'08&late Dec.'08 13 da s of ice 17,176 �� ,', ,,�; ;�4;da s of ic� �ul Itk k,��e,,, „ ��`$9f:�; - � ': i 9 d� s of ice Jut it3 i 1$31 ''
S BMHS A1 ine Ski Team ; � � `', ;.1�,Q(l(?'' - �u'kin forb,uS tit�l .
T Hus Hocke Booster Club ��,� ��, ,,,�`,'w ,. .��' S,000
U Vail Valle Athlete Commission 1Q000 :°�� � �„ � ''� ���,,,,,,,, - ��,OOa
�„ ,
� �� �����
.,�„
V Vail Valley Comm.TV/Ch5 ����; ' I �:: •:, :., ��°� ' `
Franchise Fee 70,000 �-;'� �:'�' ', � .......', - 7�,UEi(}
Ca ital im mvements `;� . >��:'.�.. :.. ���,.' . °.:. ' ' 10,000
�. ; �� .�.
,
;;: , ' . ,,,; '.
.•• ',�n���., .:. ... :.:.��.� .: ��• �..:..:: _
. � � Z'��.���• : :. .. ��� ��,, .; ,�,�,, � � -_.�, .
� ..3 ?:
W Be Ford A1 ine Garden Foundation " '' ` '� t� . l v� '; `�. ,:;; -
Educarional Interpretive Stations in the Main Garden �„• ','�fr�. ,, ,: ::', � -
. ,. �.; ;.
Operarions 56,275 :.�. ���}t�t} ' ' � .,,,.;. !c.� ,� .'� �. ...:` ', 18,725 ° 64;�Q0 :° - ' : .''
Meditation Garden Renovation 10,000 ..:��,� : ���, ,,`�,����� . ..... ��. �� � ':� . ' ' - n/a ' 1Q,�
� ; � � �
X Eagle River Watershed ; ���� �z�„�,,; ���� ��„„
Sediment Pollution Efforts 100,000 � �1 t�,,�, � �° ', ,��,_ ; , ,_� +,��'�, - '��.�1 pO,pQQ, ,,, �
River&Communi Pride H Cleart U �� „ ' `, ' , ,, '�' ��S�
..,.. �?.... ; , . �.:••' ,; ',
\ � �.,. =
Y Southern Rockies Ecosystem Project , ,.��„, � 10,000 ` `'' '
��
�� � � r
� �� .a,. �.�:
� ,• '
,
�„..., . .:. .����:. '�. •<� . ,: ��,.. .;
� ' ', . ` '
All other prior year's funding not listed*: 232,284 �Q7,��4. � ���u` ` ° ', 25,000 ' 2f3'T,�$4
�\� : �
���
.����. ..� ��� � �
* Prior year funding not included:
Information Booth 207,284
Children's Garden of Learning 10,000
Vail Valley Alliance for Sustainability 15,000
232,284
18
PLANNING AND ENVIRONMENTAL COMMISSION
PUBLIC MEETING
,. August 13, 2007
�l�Nf�t�A1�`" 1:OOpm
TOWN COUNCIL CHAMBERS/ PUBLIC WELCOME
MEMBERS PRESENT MEMBERS ABSENT
Dick Cleveland Dave Viele
Anne Gunion
Bill Jewitt
Rollie Kjesbo
Michael Ku2
Bill Pierce
Site Visits:
None
10 minutes
1. A request for a final review of a conditional use permit, pursuant to Section 12-6D-3, Conditional
Uses, Vail Town Code, to allow for the construction of a Type II Employee Housing Unit, in
association with the construction of a new residence, located at 1107 and 1109 Vail Valley
Drive/Lots 7 and 8, Block 6, Vail Village Filing 7, and setting forth details in regard thereto.
(PEC07-0047)
Applicant: Donna Giordano, represented by VAG, Inc., Architects and Planners
Planner: Bill Gibson
ACTION: Approved with condition(s)
MOTION: Pierce SECOND: Kurz VOTE: 4-0-2 (Gunion & Kjesbo
recused)
CONDITION(S):
1. This conditional use permit approval shall be contingent upon the applicant's
continued compliance with the executed Type II EHU deed restriction.
Commissioners Gunion and Kjesbo recused as they are working for the applicant on this project.
Bill Gibson presented an overview of the proposal and the staff memorandum.
Christy D'Agostino, VAG, representing the applicant, was available for questions.
There was no public comment
Dick Cleveland asked what restrictions applied to this EHU.
Bill Gibson summarized the deed restriction requirements.
10 minutes
2. A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7,
Amendment, Vail Town Code, for proposed text amendments to Sections 12-6B-2, 12-6B-3, 12-
6C-2, 12-6C-3, 12-6D-2, 12-6D-3, 12-13-4, Vail Town Code, to allow a Type II employee housing
unit as a permitted use, and to eliminate a Type II employee housing unit as a conditionaf use, in
the Single-Family Residential (SFR), Two-Family Residential (R), and Two-Family
Primary/Secondary Residential (PS) districts, and setting forth details in regard thereto. (PEC07-
0042) �
Applicant: Town of Vail
Planner: Bill Gibson/Nina Timm
ACTION: Recommendation of Approval
Page 1
MOTION: Kjesbo SECOND: Cleveland VOTE: 6-0-0
Bill Gibson presented an overview of the proposal and the staff memorandum.
There was no public comment.
There was no commissioner comment.
10 minutes
3. A request for a final review of an amended final plat, pursuant to Chapter 13-12, Exemption Plat
Review Procedures, Vail Town Code, to allow for a modification to a shared property boundary,
located at 3816 and 3826 Lupine Drive/Lots 8 and 9, Bighorn Subdivision 2"d Addition, and
setting forth details in regard thereto. (PEC07-0045)
Applicant: June Frazier
Planner: Bill Gibson
ACTION: Approved with condition(s)
MOTION: Kjesbo SECOND: Cleveland VOTE: 6-0-0
CONDITIONS:
1. The applicant must execute any necessary utility easement relocation agreements,
with the applicable utility providers, prior to the recordation of this amended final plat.
2. The applicant and his successors and assigns, shall not be permitted to request any
variances subsequent to the approval of this amended final plat for Lots 8 and 9,
Bighorn Subdivision 2"d Addition, on the basis that the resulting approved plat created
a physical hardship for developing these lots.
Bill Gibson presented an overview of the proposal and the staff memorandum.
The applicant, June Frazier, was available for questions.
There was no public comment.
There was no commissioner comment.
10 minutes
4. A request for a final review of an exterior alteration, pursuant to Section 12-7B-7, Exterior
Alterations or Modifications, Vail Town Code, to allow for the addition of bay windows, located at
201 Gore Creek Drive (Bell Tower Building)/Lot A, Block 5B, Vail Village Filing 1, and setting
forth details in regard thereto. (PEC07-0048)
Applicant: Herman Staufer, represented by VAG, Inc., Architects and Planners
Planner: Bill Gibson
ACTION: Approved with condition(s)
MOTION: Kjesbo SECOND: Cleveland VOTE: 6-0-0
CONDITIONS:
1. This approval is contingent upon the applicant obtain Town of Vail design review
approval for this proposal.
2. The applicant must obtain and execute an encroachment agreement, or similar
agreement as deemed appropriate by the Town Attorney, for the entry feature prior to
application for a building permit.
3. The applicant must pay all required commercial linkage employee housing mitigation
fees.
Bill Gibson presented an overview of the proposal and the staff memorandum.
There was no public comment.
There was no commissioner comment.
Page 2
�
10 minutes
5. A request for a final review of a floodplain modification, pursuant to Chapter 14-6, Grading
Standards, Vail Town Code, to allow for improvements to an approximately two-mile length of
the Gore Valley Trail, from Sunburst Drive to Bighorn Road, and a conditional use permit,
pursuant to Section 12-8-C3, Conditional Uses, Vail Town Code, to allow for the relocation of a
paved, non-motorized bicycle path and pedestrian walkway, located on Tract A, Vail Valley Filing
4 and unplatted properties, (a complete legal description is available for inspection at the Town
of Vail Community Development Department), and setting forth details in regard thereto.
(PEC07-0049)
Applicant: Town of Vail, represented by Gregg Barrie
Planner: Scot Hunn
ACTION: Approved with condition(s)
MOTION: Kjesbo SECOND: Kurz VOTE: 6-0-0
CONDITIONS:
1. The applicant shall address concerns (widen and/or realign) regarding the path
section nearest the Memorial Gardens to better accommodate carts parking and
blocking path.
2. The applicant shall address all areas where sharp and or blind curves exist; realign all
sections as necessary to improve site lines.
Scot Hunn presented an overview of the proposal and the staff memorandum.
It was discussed that a pull-off for the shuftles taking people to the Memorial Gardens be put in
place as there are some limited site distances to stop when the shuttle is stopped in the bike
path.
Chairman Jewitt expressed concern regarding "Section 4" on the plans; the Applicant clarified
that this section of the path is one of primary focus for realignment and re-grading due to steep
grades and poor lines of site relative to the intersection with the golf cart path.
Commissioner Kurz inquired about areas of the existing path located in "Section 11" on the
plans. He suggested that certain areas in this section are blind curves and ought to be
addressed within the scope of this project.
60 minutes
6. A request for a work session for review of a major exterior alteration, pursuant to Section 12-7H-
7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the redevelopment of
the Lionshead Inn and Lionshead Inn Annex (Fogata), located at 701 and 705 West Lionshead
Circle/Lot 1, Block 2, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC07-
0027)
Applicant: Lionshead Inn LLC, represented by Mauriello Planning Group LLC
Planner: Warren Campbell
ACTION: Table to September 10, 2007
MOTION: Cleveland SECOND: Kjesbo VOTE: 6-0-0
Warren Campbell gave a presentation per the staff memorandum.
Rocky Cortina, representing the appticant, stated that today there presentation would include the
topics of providing "live beds" per the recommendations of the Llonshead Redevelopment
Master Plan, the proposal for providing employee housing mitigation, and a discussion of the
proposed bulk, mass, and height of the development.
Allison Kent, representative of the applicant, gave a presentation on how the development would
proposal to meet the recommendations of the Lionshead Redevelopment Master Plan (LHMP).
Mrs. Kent, discussed language existing in the LHMP, specifically covering pertinent requirements
and/or language encouraging approval of projects that maintain andlor enhance live beds. The
Page 3
l
presentation included the historic conditions an the property such as occupancy rates, revenue
generation, and the number and sizes of units which equaled 85 accommodation unit "keys".
The presentation on live beds concluded by describing the proposed project which will have a
total of 89 "keys" in various types of units.
Ms. Kent continued her presentation by discussing the proposed method of mitigating the
employee housing generated by the develogment. She discussed that the app{icant was
proposing to utilize the pay-in-lieu method which wou{d resuit in a fee of approximately $2.3 —
$2.9 million.
Commissioner Jewiit asked staff how the pay in lieu fee would be used by the Town to provide
employee housing.
Warren Campbell, replied that there was no specific plan for the revenue provided by the Fogata
project; however, the funds would be utifized to purchase units, buy down units, or construct
units within Town.
Commissioner Gunion asked a question to c(arify how many units and beds there were existing
on the site and how many were being proposed.
Rocky Cortina stated that there were 85 hotel rooms about half of which had one bed and the
other half had two beds. He added that it was the total number of beds added that was key to
their proposal, not necessarify number ofi rooms.
Eduardo Illanes and Will Henchel, architects representing the applicant, gave a presentation on
the bulk, mass, and height of the proposed devefopment. The presentation described the project
as being on the "edge" of the major redevelopment/traffic corridor befinreen EverVail and the
Llonshead parking structure; with Arrabelle in the center (and closest in proximity). The
presentation continued with a discussion of the Vision,Statement of the LHRP, referencing the
use of historic Vail Village and alpine architecture as precedents. The presentation concluded by
running through a matrix of how the applicant beiieved the proposal was in compliance with
LHMP and code.
Edwardo Illanes then moved on to presentation af the modles prepared for the meeting. The
presentation described conformance with master plan, specifically the stepping of forms laterally,
pedestrian level facades, and change in materials with stepping. The Model combined with
images (photos and renderings) existing and "future" conditions within lionshead, demonstrates
variability in built form; sizes, heights, colors, styles, textures.
Commissioner Gunion asked if the model was more accurate to the proposed direction or are the
elevations found in the materials?
Will Henchel stated that the model was more representative of the direction the project was
evolving from the comments they have heard thus far.
Commissioner Kurz stated that the development was looking a bit too "urban" in form;
understand that this area is not in close proximity to original/historic village, but bringing the
forms and style better into conformance with Vail Village alpine architectural style is suppo�table.
He was in agreeance with Jeff Winston's camments. In regards to employee housing mitigation,
money is great, but at some point pay-in-lieu will be ineffective given limited amount of sites and
projects that town can use money for.
Rollie Kjesbo stated that he also agree with Jeff Winston's comments. Specifically the need for
more stepping in roof lines, and forms. He furthered his comments by stating that the project
Page 4
should include some percentage of employee housing on site. He suggest a third of the
requirement may be appropriate.
Commissioner Cleveland agreed with Commissioner Kjesbo's comments regarding employee
housing. He felt the Town must start requiring housing on-site to truly mitigate housing problem.
He felt the building was too monolithic — not enough/right kind of steps in building fa�ade and
form. Further there are too many(distracting) changes in materials; need to simplify.
Commissioner Pierce didn't understand how the project conforms with previously identified
issues /concerns/suggested changes.
Dominic Mauriello, representing the applicant, stated that they felt several of the previously
identified concerns are DRB issues to review.
Warren Campbell clarified that materials, detailing, and landscaping are DRB issues. Topics
such as bulk, mass, forms, etc. are PEC issues.
Commissioner Pierce described concerns regarding the number and types of different roof,
balcony and other forms/fenestration; building does not conform to the LRMP, specifically: free
standing shed dormers are not permitted. Building has several free standing shed roofs on the
elevations.
Edwardo Illanes pointed to adjacent, surrounding structures as "different" compared to the
Village; diverse amongst themselves (within Lionshead). He added that he understood the
comment regarding shed roofs.
Commissioner Pierce continued with describing the need to make building(s) better conform with
overall (desired) image of town. Current proposal is too "timely" vs. timeless. Secondary roof
forms "tacked" on to face are absolutely out of conformance.
Commissioner Jewitt reiterated Commissioner Cleveland's concerns; use fewer materials —
building needs to come back in better conformance with LRMP guidelines. He suggested that
the applicant should work out the basics of architectural compliance, before moving forward. He
to was concerned that there is no housing provided on-site.
Dominic Mauriello clarified that the guideiines/master plan does not say no sheds; it says no free
standing sheds (or butterfly roofs).
Commissioner Gunion stated her disappointment with the direction of the building since it was
last shown. She felt there was a greater since of hierarchy and interest in the previous design.
The "retait colonnade" element is too enclosed and doesn't invite pedestrians. Her previous
comment regarding street presence / pedestrian base was not addressed; situation has gotten
worse — created corridor. She continued by stating that the southeast corner is now closed, tiny
opening as point of entry; agree with Jeff Winston's comments. Shed or not, design is to linear;
small (secondary) roof forms are not prominent, but repeat without creating hierarchy in form and
changes in mass (mass to void). Should be creating spaces on / within building that allow for
living areas to open up to exterior. Should be identifying important elements of building (corner)
and building up to that mass, playing off of certain elements. There is room for variety and
`eclectic" nature of styles present in Vail, but are missing opportunities.
Jeff Winston stated that in the review of the Ritz-Carlton Residences there are a number of
elements which do not necessarily conform exactly with the recommendations of the LRMP;
however, the adjustments made help to "tell a story". He suggested that Fogata, with some work
and changes, could incorporate several non-traditional elements. He further stated that the
guidelines are ambiguous/confusing as there are references to historic Vail Village architecture;
Page 5
however, this site may be somewhat pivotal and different in relation to other new buiidings —
Arrabelle, Ritz-Carlton residences are distinctive and this development could be anchor that
reinforces that theme that is emerging. He continued that desired theme should be clarified in
this work session — basic forms and composition should reinforce, while allowing for smaller
areas on the building to "break the mold"
Jim Lamont, representing the Vail Village Homeowners association, requested clarification
regarding specific points listed in the memorandum from Jeff Winston, specifically as they relate
to stepping the structure. He added that he was worried that the "new" direction (as market
driven) is towards more contemporary, not towards more Arrabelle. He generally agreed that
more stepping and simplification of materials is a needed. Agreed that lack of transparency at
pedestrian level is troublesome. He asked if the proposed housing mitigation method was the
discretion of the PEC?
Warren Campbell stated that Ordinances No. 7 and 8, Series of 2007, gave discretion to the
PEC to determine if a proposed mitigation was appropriate.
Bill Jewitt summarized that there appeared to be consensus with the Commissioners that a
portion of the employee housing needs be addressed on-site and that the issues related to bulk
(forms) and massing need more attention.
Jeff Winston stated that the guidelines refer to bulk and mass as related to roof forms and pitch;
individual elements of proposed building (roof forms, pitches, overhangs) may not necessarily be
out of conformance with specific guidelines, but the total composition is something that needs to
be addressed to accomplish simplification of forms, materials, increased transparency and
stepping.
Rocky Cortinia stated that he understood the concerns and would ask for clarification regarding
EHUs; could these be accomplished as deed restricted off-site?
Several Commissioners stated that part of the intent of the regulations was to create more
housing within the Town. The Commissioners stated that some number needed to be provided
within the development.
Commissioner Gunion asked if there were currently any monies available in the mitigation fund?
Warren Campbell stated that there were some minimal amounts form previous projects.
Commissioner Gunion suggested that because there are little to no funds in the mitigation
account currently that maybe it would be appropriate on this project to accept the funds. On
future projects it may not be as appropriate.
Commissioner Cleveland stated �that any amount of housing provided on-site is better than
nothing.
Warren Campbell asked in the Commissioners had any concerns with the "live bed" provisions?
Commissioner Cleveland stated that live beds are "false" beds that did not replace the �
accommodation units and he was not in agreement with the applicant's proposal to comply.
Page 6
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7. A request for a final review of an exterior alteration or modification, pursuant to Section 12-7B-7,
Exterior Alterations or Modifications, Vail Town Code, to allow for an exterior renovation and the
remodel of the third floor residence, located at 201 Gore Creek Drive (Bell Tower Building)/Lot A,
Block 5B, Vail Village Filing 1, and setting forth details in regard thereto. (PEC07-0046)
Applicant: Bell Tower Partners, Ltd., represented by VAG, Inc., Architects and Planners
Planner: Scot Hunn
ACTION: Tabled to August 27, 2007
MOTION: Cleveland SECOND: Kjesbo VOTE: 6-0-0
8. A request for a final approval of a preliminary plan for a major subdivision, pursuant to Chapter
13-3, Major Subdivision, Vail Town Code, to allow�for the creation of two new lots necessary for
the redevelopment of the properties known as "Ever Vai!" (West Lionshead), located at 862, 923,
934, 953, 1031 South Frontage Road West, and the South Frontage Road West right of
way/Unplatted (a complete legal description is available for inspection at the Town of Vail
Community Development Department), and setting forth details in regard thereto. (PEC07-0020)
Applicant: Vail Resorts Development Company, represented by Thomas Miller
Planner: Warren Campbell
ACTION: Table to August 27, 2007
MOTION: Cleveland SECOND: Kjesbo VOTE: 6-0-0
9. A request for a final recommendation to the Vail Town Council for a zone district boundary
amendment, pursuant to 12-3-7, Amendments, Vail Town Code, to allow for a rezoning from
Arterial Business District to Lionshead Mixed Use 2, located at 953 and 1031 South Frontage
Road (a complete legal description is available for inspection at the Town of Vail Community
Developmenf Department), and setting forth Details in regard thereto. (PEC07-0021)
Applicant: Vail Resorts Development Company, represented by Thomas Miller
Planner: Warren Campbell
ACTION: Table to August 27, 2007
MOTION: Cleveland SECOND: Kjesbo VOTE: 6-0-0
10. A request for a work session for review of conditional use permits, pursuant to Section 12-7H-3,
Permitted and Conditional Uses, First Floor on Street Level, Vail Town Code, to allow for
attached accommodation units, lodge dwelling units, and multiple-family residential units on the
first floor, and pursuant to Section 12-7H-5, Conditional Uses: Generally (On All Levels Of A
Building Or Outside Of A Building), Vail Town Code, to allow for the development of a private
parking lot, located at 701 and 705 West Lionshead Circle and Lionshead Inn Annex
(Fogata)/Lot 1, Block 2, Vail Lionshead Filing 3, and setting forth details in regard thereto.
(PEC07-0028)
Applicant: Lionshead Inn LLC, represented by Mauriello Planning Group LLC
Planner: Warren Campbell
ACTION: Table to September 10, 2007
MOTION: Cleveland SECOND: Kjesbo VOTE: 6-0-0
11. A request for a worksession to discuss a major exterior alteration, pursuant to Section 12-7H-7,
Major Exterior Alterations or Modifications, Vail Town Code, to allow for the redevelopment of the
Rucksack Building, located at 288 Bridge Street/Lot D, Block 5A, Vail Village Filing 1, and setting
forth details in regard thereto. (PEC07-0039)
App(icant: Jeffrey Selby, Charles Rosenquist and Richard Brown, represented by Jay Peterson
Planner: Scot Hunn
ACTION: Table to August 27, 2007
MOTION: Cleveland SECOND: Kjesbo VOTE: 6-0-0
12. A request for a worksession to discuss a major amendment to a Special Development District
(SDD), pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an
amendment to Speciat Development District No. 17, Ramshorn, to allow for the
Page 7
1
redevelopment of Ramshorn Lodge, located at 416 Vail Valley Drive/Block 3, Vail Village 5th
Filing and Tract F-1, Vail Village Filing 5, and setting forth details in regard thereto. (PEC07-
0038)
Applicant: Ramshorn Lodge, represented by Pylman &Associates, Inc.
Planner: Scot Hunn
ACTION: Table to October 8, 2007
MOTION: Cleveland SECOND: Kurz � VOTE: 6-0-0
13. A request for a final review of a variance from Section 12-6D-6, Setbacks, Vail Town Code,
pursuant to Chapter 12-17, Variances, to allow for an addition within the west side setback,
located at 2570 Bald Mountain Road/Lot 33, Block 2, Vail Village Filing 13, and setting forth
details in regard thereto. (PEC07-0036)
Applicant: Ed Williams, represented by William Hein Associates
Planner: Bill Gibson
ACTION: Withdrawn
14. Approval of July 23, 2007 minutes
MOTION: Pierce SECOND: Kurz VOTE: 6-0-0
15. Information Update
16. Adjournment
MOTION: Pierce SECOND: Kurz VOTE: 6-0-0
The applications and information about the proposals are available for public inspection during regular
office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The
public is invited to attend the project orientation and the site visits that precede the public hearing in the
Town of Vail Community Development Department. Please call (970)479-2138 for additional
information.
Sign language interpretation is available upon request with 24-hour notification. Please call (970)
479-2356, Telephone for the Hearing Impaired, for information.
Community Development Department
Published August 10, 2007, in the Vail Daily.
Page 8
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►
DESIGN REVIEW BOARD AGENDA
. PUBLIC MEETING
� August 15, 2007
������� 3:00 P.M.
Council Chambers
PROJECT ORIENTATION 1:OOpm
MEMBERS PRESENi' MEMBERS ABSENT
Mike Dantas Margaret Rogers
Tom DuBois
Pete Dunning
Brian Gillette
SITE VISITS 2:OOpm
1. Howard Residence - 3956 Lupine Drive
2. Skaranjunsky Residence—3996 Lupine Drive
3. Zyman Residence—82 West Meadow Drive
4. Resnick Residence—493 Beaver Dam Road
5. Chantler/ Massey Residence—4840 Meadow Lane
6. Young - 1445 Buffehr Creek Road
Driver: Scot
PUBLIC HEARING —TOWN COUNCIL CHAMBERS 3:OOpm
1. Skaranjunsky Residence DRB07-0345/ 10 minutes Scot
Conceptual review (addition of GRFA, siding material, roof material, windows, doors, landscaping)
3996 Lupine Drive/Lot 1, Block 2, Bighorn 1 St Addition
Applicant: Vincent Skaranjunsky, represented by TRD Architects
ACTION: No Action (conceptual)
2. Zyman Residence DRB07-0169/ 10 minutes Bill
Final review of change to approved plans (landscaping)
82 West Meadow Drive/Lot B, Vail Village Filing 2
Applicant: Sylvia Zyman, represented by Landscape Technology Group
ACTION: Approved with condition(s)
MOTION: Dantas SECOND: DuBois VOTE: 4-0-0
CONDITION(S):
1. The applicant shall revise the landscape plan to only reuse 20 of the 60 boulders forming the
existing retaining walls.
3. Chantler/ Massey Residence DRB07-0377 / 10 minutes Bill
Final review of a minor alteration (exterior renovation)
4840 Meadow Lane/Lots 1 and 2, Block 6, Bighorn 5tn
Applicant: Chris Chantler and Kevin Massey, represented by Michael Pukas
ACTION: Approved with condition(s)
MOTION: Dantas SECOND: DuBois VOTE: 4-0-0
CONDITION(S):
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L__ _ --------
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1. The applicant shall revise the proposed exterior paint color pa{ate and resubmit to the Design
Review Board for further review within 30 days.
4. Young Residence DRB07-0341 / 15 minutes Bill
Final review of a minor alteration (landscaping)
1445 Buffehr Creek Road/Lot 3, Cliffside Subdivision
Applicant: Sentry Construction, Inc., represented by Mike Young
ACTION: Approved with condition(s)
MOTION: Dantas SECOND: DuBois VOTE: 4-0-0
CONDITION(S):
1. The Design Review Board approves the proposed disturbance area and the re-vegetation
concept plan. The applicant shall submit a complete landscape plan, which includes a
combination of native seed mixes and planted native vegetation, to the administrator for review
within 30 days.
5. Howard Residence DRB07-0330/ 10 minutes Scot
Final review of change to approved plans (exterior materials)
3956 Lupine Drive/Lot 4, Block 2, Bighorn 1St Addition
Applicant: Robert and Helen Howard, represented by Aker Architects
ACTION Denied
MOTION: Dantas SECOND: DuBois VOTE: 4-0-0
6. Rucksack Building DRB07-0260 Scot
Conceptual review of minor alteration (exterior changes)
288 Bridge Street, Units C1, C2, C3, R1, R1/Lot D, Block 5A, Vail Village Filing 1
Applicant: Rucksack Condominium Association, represented by Fritzlen Pierce Architects
ACTION: No Action (conceptual)
7. Resnick Residence DRB07-0312/ 15 minutes Rachel
Final review of a minor alteration (pavers, garage doors, landscaping)
493 Beaver Dam Road/Lot 1, Block 2, Vail Village Filing 6
Applicant: Forever Trust, represented by K.H. Webb Architects
ACTION: Approved
MOTION: Dantas SECOND: DuBois VOTE: 3-0-1 (Gillette
recused)
Staff Approvals
Wells Residence DRB07-0239 Warren
Final review of change to approved plans (chimney, door, deck railings)
1067 Ptarmigan Road/Lot 4, Block 5, Vail Village Filing 7
Applicant: Mad Jack Trust, represented by Fritzlen Pierce Architects
Chalets at the Lodge at Vail DRB07-0248 Rachel
Final review of a sign
174 Gore Creek Drive/Lots A, B, C, Block 5C, Vail Village Filing 1
Applicant: Lodge Properties, Inc., represented by Vail Associates
Marriott DRB07-0266 Rachel
Final review of a minor alteration (exhaust fan)
720 West Lionshead Circle/Lot 1, West Day Subdivision
Applicant: Diamond Rock Vail Owner, LLC, represented by Alliance Restoration Services
Page 2
Dantas Residence DRB07-0331 Scot
Final review of change to approved plans (retaining wall)
1446 Buffehr Creek Road/Lot A, Briar Patch Subdivision
Applicant: Mike Dantas
Hilliard Residence DRB07-0338 Warren
Final review of a residential addition (bedroom, bathroom, windows)
1801 Sunburst Drive/Lot 2, Vail Valley Filing 3
Applicant: Glenn Hilliard, represented by Giphart Consulting & Design
Barroso de Franklin Residence DRB07-0342 Warren
Final review of a residential addition (3�d floor addition, exterior stairs)
600 Vail Valley Drive/Northwoods Condominiums
Applicant: Gina Diez Barroso de Franklin, represented by Beth Levine Architect, Inc.
Field Residence DRB07-0344 Rachel
Final review of change to approved plans (landscaping, water feature, fire pit)
586 Forest Road/Lot 3, Block 1, Vail Village Filing 6
Applicant: Larry Field, represented by Zehren and Associates
Mallman Residence DRB07-0346 Warren
Final review of a residential addition (bedrooms)
1546 Matterhorn Circle/Unplatted, Matterhorn Subdivision
Applicant: Thomas and Sandra Mallman, represented by Aker Architects
Goldstein Residence DRB07-0349 Warren
Final review of a residential addition (office, bedroom)
1543 Matterhorn Circle/Unplatted, Matterhorn Subdivision
Applicant: Warren Goldstein, represented by Aker Architects
Spilo Residence DRB07-0356 Warren
Finai review of a minor alteration (retaining wall, deck railing)
1759 Sierra Trail/Lot 19, Vail Village West Filing 1
Applicant: William Spilo
9 Vail Road DRB07-0357 Rachel
Final review of a sign (temporary site development sign)
9 Vail Road/Lot 13, Vail Village Filing 2
Applicant: 9 Vail Road Condominium Association, represented by Nedbo Construction
Tyrolean Condominiums DRB07-0358 Rachel
Final review of a sign (temporary site development sign)
400 East Meadow Drive/Block 5, Vail Village Filing 1
Applicant: Tyrolean Condominium Association, represented by Nedbo Construction
Landmark Condominiums DRB07-0361 Rachel\
Final review of a sign (temporary development sign)
610 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead FiGng 3
Applicant: Landmark Condominium Association, represented by Fritzlen Pierce Architects
Page 3
A
Spilo Residence DRB07-0363 Warren
Final review of a minor alteration (deck)
1759 Sierra Trail/Lot 19, Vail Village West filing 1
Applicant: Will Spilo, represented by DTM Building & Design
Village Inn DRB07-0364 Rachel
Final review of a minor alteration (landscaping)
100 East Meadow Drive/Lot O, Block 5D, Vail Village Filing 1
Applicant: Vail Village Inn, Phase III Condominium Association, represented by Mark Stelle
Johnson Residence DRB07-0365 Rachel
Final review of a minor alteration (landscaping) �
1106 Hornsilver Circle/Lot 9, Block 6, Vail Village Filing 7
Applicant: Rob and Sherry Johnson, represented by Mark Stelle
Hankins Residence DRB07-0367 Rachel
Final review of a minor alteration (landscaping)
1408 Moraine Drive/Lot 4, Block O, Dauphinais-Moseley Subdivision
Applicant: Sharon Hankins
Burton at Vail DR607-0370 George
Final review of change to approved plans (replace doors with windows)
675 Lionshead Place/Lot 2, Block 1, Vail Lionshead Filing 3
Applicant: Specialty Sports Venture, LLC, represented by Scott Fricke
Lodge South Condominiums DRB07-0371 George
Final review of change to approved plans (vent)
200 Vail Road/Lot 2, Lodge Subdivision
Applicant: Lodge South Condominium Association, represented by Stanley Cope
Arrigoni Residence DRB07-0373 George
Final review of change to approved plans (driveway)
1722 Geneva Drive/Lot 11, Matterhorn Village
Applicant: Balz Arrigoni
Capstone Condominiums DRB07-0374 Joe
Final review of a minor alteration (re-roof�
1817 Meadow Ridge Raad/Lot 21, Capstone Condominiums
Applicant: Scott Cunningham
Raether Residence DRB07-0376 Warren
Final review of change to approved plans (retaining wall)
227 Rockledge Road/Lot 13, Block 7, Vail Village Filing 1
Applicant: Paul Raether, represented by Beth Levine Architect, Inc.
The applications and information about the proposals are available for public inspection during regular office
hours in the project planner's office, located at the Town of Vail Community Development Department, 75
South Frontage Road. Please call 479-2138 for information.
Sign language interpretation available upon request with 24 hour notification. Please call 479-2356,
Telephone for the Hearing Impaired, for information.
Page 4
MEMORANDUM
TO: Town Council
FROM: Timber Ridge Affordable Housing Corporation
DATE: August 21, 2007
SUBJECT: Borne Engineering's Review of Timber Ridge Village Apartments
I. Introduction
In April, 2007 the Board of the Timber Ridge Affordable Housing Corporation
(TRAHC) retained Borne Engineering of Denver, Colorado, to do an overall
property evaluation of Timber Ridge Village Apartments. Due to the age of the
apartments, the Board felt it was important to understand the exterior repairs and
maintenance that will be required in the next zero to seven year period. The
majority of the interiors are nearly new at Timber Ridge due to the mold
xemediation project recently completed.
II. Borne Engineering Report
Due to the age of the project and some deferred maintenance there are some key
exterior repairs that the TRAHC Board will be having addressed as soon as
contractors are lined up. The Borne Engineering report provided the necessary
information for the Board to properly priozitize its resources for repair and
maintenance of the buildings.
With input from the property management company, as well as the report, the
Board is prepared to spend dollars on removal of the existing trash enclosures and
the repair and replacement, as necessary, of the following:
Phase I
➢ deck and landing structures
➢ stairwell roof structures
➢ deck railing system
➢ split rail fence �
➢ walkways
The estimated cost for Phase I repairs is $194,000. The goal is to complete the
repairs in Phase I this year. Many of the repairs will reduce or eliminate access to
some of the units during the repair; therefore it is critical to have as much of the
work as possible complete prior to the start of the ski season and increased
occupancy of the apartments.
Phase II
➢ Roofing
➢ Windows
The estimated cost for Phase II repairs is $302,000. The goal will be to complete
Phase II repairs in the spring and summer of 2008.
Additional repair and maintenance projects will be evaluated for next spring. The
Board is carefully weighing the cost and necessity of repairs against the limited
expected life span of the existing project.
III. Conclusion
The TRAHC Board will be authorizing Corum, the property management
company, to begin working on the most critical items immediately. Any items �
not completed this fall will be worked on again in the spring.
Recognizing the overall goal for the property is redevelopment the Board will
authorize expenditures that are essential to allow the property to continue
operating, as it is the largest rental complex in the Town of Vail, until
redevelopment is begun.
attachment: Borne Engineering Property Condition Evaluation
�. ��M,,
. i��SF������ � ��fi� .
��;n ��� �€ �� � �NGINEERING�"
August 16� ZOO7 Performance Rebom.
VIA E-MAIL
Ms. Nina Timm
Town of Vail
NTimm@vailgov.com
Re: Property Condition Evaluation for the Timber Ridge Village
Vail, Colorado
Dear Ms. Timm and Associates of the Community:
Thank you for the opportunity to provide professional engineering evaluation services. We
prepared this property condition evaluation for the building components on the property
currently referred to as Timber Ridge Village. The purpose of the evaluation was to evaluate
the components to determine if there are deficiencies or potential deficiencies that will
affect the continued operation of the facility.
1.0 Project Understanding
Timber Ridge Village is comprised of 16 buildings housing 200 condominium-style units
located at 1280 N Frontage Road West in Vail, Colorado. The site consists of asphalt parking
and driving areas, concrete flatwork, retaining walfs and common fencing. The buildings
envelopes consist of wood siding, stairwelis, and asphalt shingle roofing.
2.0 Scope of Services
The site and building components were observed and evaluated by a Professional Engineer
(State of Colorado), and Exterior Building Consultant and a Construction Compliance
Specialist. The areas include the following:
• Topography, Grading and Drainage
• Paving
• Flatwork .
• Structural
• Fac,ade
• Roofing
We were escorted around the site by representatives from Corum Real Estate Group, whom
we were informed is managing the property for the Town of Vail.
The report will describe the component observed and will state our opinion of its condition.
The assessment will include inspection and analysis of the major maintenance, repair or
replacement tasks associated with the above mentioned components which normally involve
significant expense or outside contracting.
� 1130 WEST 124TH AVENUE $UITE 1�� WESTMINSTER�COLORADO H0234
TEL 303/4261731 FAX 303/4261732
�� BORNENGINEERING.COM
Timber Ridge
If an item involves a threat to the immediate health and safety of the public, it will be noted
as an immediate action. Components that have exceeded their useful life or need immediate
repair or maintenance will also be noted as an immediate action. General improvement
recommendations will be provided.
Executive Summary
After reviewing the site and building components at the site it is our opinion that many of
the components need attention within the near future. The flatwork, roofs, siding, railings,
stairwells, decking, windows and trash enclosures are an immediate concern. There will
most likely need to be some repair, maintenance or replacement work performed on these
in the relatively near future.
3.0 Property Condition Report
A. Topography, Grading and Drainage
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A1. Building Drainage �" ;��'�����
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Location: The property utilizes slope in the � �;,��
immediate vicinity of the buildings to control � " � � '�
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surface drainage.
Description: The material in the immediate
vicinity of the buildings consists of concrete
flatwork, earthen or landscape materials.
Comments:There are many areas adjacent to
building foundations that are low sloped or '
negatively sloped away. Most geotechnical
engineers recommend a slope of at least 10% �_�� ,�f
away within the first 10 feet from a foundation
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The lack of draina e most likel lead to the ��� �� ��� ", �"�'� ,; '�
premature deterioration of concrete flatwork
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and the subsidence of earthen materials in �� � �
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We noted areas of subsidence under several "" ' "
slab on grade walkways adjacent to buildings.
We also noted uncontrolled roof drainage that has lead to subsidence of earthen
materials in several areas. We also noted damage of flatwork and lower wood
siding/trim areas as the result of uncontrolled roof drainage.
Bornengineering Page 2 of 15 Property Condition Report
Timber Ridge
We noted that some of the interior open flatwork areas, within the footprint of the
buildings, have poor slope. Many of the breezeways and ground level landings have
extensively damaged concrete flatwork, structural columns, stairways, siding and
trim due to the lack of proper drainage.
Many of these conditions are not an immediate ���°°" ' ��,��rs,� �,,�; � ��
threat but are contributing to the premature � �
deterioration of the components mentioned ���' �
above. However, much of the resulting ���
deterioration has resulted in differential edges ���;�
that can be trip hazards. Also, the improperly
sloped areas most likely ice up in the winter.
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Recommendations: In the next 0 to 2 years �1� �'���E%3����
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we wouid recommend alleviating the trip �,� „ _, �
hazards.This will most likely entail re-grading
the subsided earthen areas and replacing extensively damaged concrete.
In the 3 to 5 year range, we would recommend performing a major drainage
impcovement project that would address the improperly sloped concrete flatwork
and the remaining improperly graded earthen areas as well as the roof drainage
problems.
Useful Life: 0— 2 years for trip hazards.
3—5 years for major drainage grading and drainage improvement project.
Opinion of Probable Cost: 0— 2 years— minor regarding and trip hazard repair
estimated at$6,000.
3 —S years—major grading and drainage improvement to the earthen and flatwork
areas estimated at $450,000.
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A2. Site Drainage ��� � ��wp
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Location: General site. �� �
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Description: The property utilizes surface ^ �
sheet drainage. The site is generally sloped
north to south. The drainage is directed to the
front(south) of the property to a drainage
swale along the Interstate 70 frontage road.
The roadways use concrete drain pans and curbing systems to direct moisture in
several areas. We did not note any site subsurface drainage systems on the site.
Bornengineering Page 3 of 15 Property Condition Report
Timber Ridge
Comments: The site drainage is in fair condition and appears to generally control
moisture. We did note any areas of major concern at this time.
Recommendations: We recommend that an annual walk through be conducted to
observe the site drainage. Soil subsidence is common in the area and the drainage
can be affected.
Useful Life: No immediate concerns and no foreseen major expenditures in this
area.
B. Roads and Parking Areas
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B1. Asphalt Systems a�� " �
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Location: Roadways and parking areas on the � "``'
property. �
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Description:The majority of the system is
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unbound asphalt on grade. There are a couple y"
of sections that are bound by concrete drain
pan, curb/gutter or walkway.
The asphalt is swaled in many areas and directs moisture to center drain pans.
The asphalt has most likely been overlaid since the original placement.
Comments:The asphalt is in fair condition with some areas of concern. We noted
several large potholes in the driving areas that appear to be the result of moisture
infiltration and then freeze thaw cycles.
There is an extensive amount of ful l depth cracking throughout the asphalt areas. The
aggregate in the asphalt mat is showing at most surfaces. This is all indicative of the
asphalt approaching the end of its useful life as the asphaltic binder has baked out of
the mat.
The asphalt striping is faded in most areas and is approaching the end of its useful life.
Asphalt striping in this area has a relatively low useful life due to climatic i nfluences and
snow/ice removal efforts.
Recommendations: We recommend repairing the potholes in the near future. We
also recommend crackfilling and sealcoating the asphalt to prevent additional
moisture from migrating to the subsoil's and leading to additional damage. The
asphalt can then be restriped as well.
Useful Life: Asphalt pothole repair, crackfill, sealcoat and restripe—0— 2 years.
Bomengineering Page 4 of 15 Property Condition Report
Timber Ridge
The asphalt will most likely need some type of replacement, whether it's an edge
milling and overlay or a complete removal and replacement, in 4 to 6 years.
Opinion of Probable Cost: Pothole repair, crackfill, sealcoat and restripe—estimated
at$30,000.
C. Flatwork
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C1. Walkways ,� '� �
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Location: Various locations throughout the �
site.
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Description: The concrete walkways are slab
on grade and most likely non-reinforced. �
Comments:The concrete at the project
appears to be originaL
We noticed some extensive concrete deterioration in many areas around the project.
The deterioration is in the form of spalling, cracking and complete concrete
delamination. Most of the damage has not resulted in differential movement and is not
an immediate safety concern. However, the concrete will continue to degrade as the
avenues for moisture intrusion increases.
Recommendations: The concrete will most likely last, as is, another 2 to 4 years
before some type of replacement is necessary. The concrete is aesthetically
displeasing but functionaL
Useful Life: 2 to 5 years.
Opinion of Probabte Cost: 2 to 5 years, concrete replacement- $175,000
D. Facade
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� D1. Siding and Trim ��;� �� �� ���� �� z�-�
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Location: Various locations throughout the „�� �� �� � �
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site. °%�
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Description; Vertically oriented channel : � �`
hardboard siding with wood trim. The wood trim �
is face mounted. �
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Bornengineering Page 5 of 15 Property Condition Report
Timber Ridge
Comments: The majority of the siding and trim is in poor condition.The siding and
trim appears to have sustained moisture damage for some time. This is evident by the
swelling of the material. When the hardboard absorbs water it swells,when it dries out
it does not consolidate back to original form and stays spongy. When the siding and trim
are in this condition, paint adhesion is weakened and has a low useful life.
We noted siding deterioration at horizontal trim and belly boards. There is no flashing
integrated to keep moisture from ponding on the surfaces.
Much of the lower siding and trim is in direct contact with concrete flatwork and earthen
areas. This has resulted in e�ensive rot in these areas.
As mentioned earlier in this report, some of the roof drainage has damaged the siding
and trim.
Recommendations: The siding and trim is nearing the end of its useful life.
Applying paint to the siding and trim will most likely only last between 1 and 3 years.
If the siding and trim is to be replaced, we recommend coordinating the project with
the window replacement and roof replacement. The appropriate flashings and
weather resistive barrier should be installed.
Useful Life: 2 to 4 years before a major replacement project should be performed.
Install building paper, membrane and metal flashings.
Opinion of Probable Cost: 2 to 4 years, replace siding and trim $1,150,000.
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D2. Windows ,���� � ����ts�,
Location: fxterior elevations of the building.
Description: The majority of the windows on
the building are original and are aluminum �.
encasement windows with storm windows. � ..p�>' € �:`
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We also noted that several of the windows are -
in the process of being replaced. The new windows appear to be a vinyl double Rane
window system. The windows have a nail fin incorporated.
Comments: The original windows on the buildings are in very poor condition. Many of
the encasements have failed and we noted several glass panes that have dropped. It
does not appear that the original windows incorporated flashings into the siding system.
The interior sills on many of the original windows show signs of moisture damage in the
form of staining and swelling. We noted what appeared to be microbial growth on the
interior window sills in several areas.
Bomengineering Page 6 of 15 Property Condition Report
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Timber Ridge
Unless you are going to replace the siding and trim, windows with nail fins are for new
construction installation. Replacement windows typicalfy do not have nait fins and are
instailed utilizing sealant joints for weather�zatian. The installation of the new windows
are a concern and do not appear to be correct. The nails fins are being connected to
siding in some areas, framing in others, etc. Self adhered membrane flashing is being
used around the nails fins in what appears to be for weatherization, this is incorrect.
Recommendations: The news windows should be removed and installed correctly.
It will be difficult installing these with nail fns but it can be done.
The original windows will most likeiy last another 3 to 5 years with some
replacement as necessary. We estimate a 10% replacement in the next 2 years.
Useful Life: 3 to 5 years.
Opinion of probable Cost: 0 to 2 years— 10% window replacement—estimated at
$22,000.
3 to 5 years—window replacement project—estimated at$198,000.
E. Stairwell Structure
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E1. Stairwell Roof System ���'�� �� � � �� � �'�� �
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Location: Covering each of the stair exterior �� � ���� ��� � ��,
systems throughout the complex.
Description:The roof structure is composed of
2x6 joists spaced at 24"on center. The lower
end of the joist is supported by a cross beam
and the upper end is tied to the truss tail.
Interior wood posts have been installed to try to support the roof structure.
Comments:The 2x6 rafters are visibly bowed at 100% of the roof systems observed.
In several locations the panel board attached to the bottom side of the rafters is loose.
The installed posts do not provide any support.
Recommendations: Remove the panef board and sister two 2x6 rafters, one on each
side of the existing rafters with two, 8d nails at 6°on center. This recommendation is
not intended to e�end the life past an additional 10 years.
Useful Life: As constructed, approximately 1 to 2 years before a repair is
recommended.
Bornengineering Page 7 of 15 Property Condition Report
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Timber Ridge
Opinion of Probable Cost: 1 to 2 years, remove the panel board and sister two 2x6
raf�ers, one on each side of the existing rafters with two, 8d nails at 6" on center—
estimated at $15,000.
The stairwell structures have an estimated useful life of 10 years. At that time a
complete rebuild will be necessary.
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E2. Rail System
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Location: At the landing/transition between :.. ,°�;,
stairs to each level, either in the two story of �
three story structures. .� , ,;,'
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Descri tion: The rails are constructed with a � �� �r�
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2x4 bottom rail, 2x6 top rail and lx balusters. �•� ��
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Comments: Approximately 25% of the balusters are either loose or missing. 100% of
the rail systems wifl not adequately support code applied loads.
Recommendations: Install new 4x4 intermediate posts, approximately 6'-0"on center
and lagged through the rim board and attached to the landing joists with a Simpson
Hold down anchor. Attach the 2x rail to the new posts with Simpson A34 clips. Reinstall
loose and/or missing balusters with 2 - 1 5/8"screws.
Useful Life: 0 to 2 years—structural repair
As constructed, approximately 5 fo 7 years after repair. At that time the rails and
balusters will most likely need replaced
Opinion of Probable Cost- 0 to 2 years— repair as mentioned above - $48,000.
5 to 7 years afrer repair. Replace rails and balusters—estimated at $120,000
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E3. Stairwell Foundation System �' ' � �
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Location: Base of each stair system. ' � ;�§ ���
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Description: Constructed of either concrete or '� £
concrete masonry units (CMU).
Comments: Approximately 30% of the stair
structures are visibly settling at the outer edge.
Recommendations: For a long term repair we recommend installing two helical piers
at the exterior edge of the settling stair structures.
Bornengineering Page 8 of 15 Property Condition Report
Timber Ridge
Useful Life: As constructed, approximately 5 to 7 years beore repair will most likely
need to take place—estimated at$35,000.
F. Deck/Landing Structure
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F1. Deck Ledgers
Location: Attached to the building exterior and
supporting the deck/landing joists.
Description: 2x member attached to the
exterior of the buildings with nails.
Comments: The nailed attachment of the deck
ledger to the building structure will not adequateiy support the code applied loads. This
condition occurs on 100°l0 of the buildings.
We also noted several sections of deck joists where the hangers are extensively
corroded from roof drainage above.
Recommendations: Install two 1/2"diameter lag screws spaced at a maximum 32"on
center.
We recommend replacing the joist hangers where extensively corroded.
Useful Life: 0 to 2 years before repair is recommended.
Opinion of Probable Cost—0 to 2 years—estimated at$12,000.
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F2. Deck Boards ��� � ` ` ; 3 �� `` � �
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Location: At each of the decks/landings and ����,'� � , , � �
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stair systems. � f �� �, � ' � �
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Description: 2x wood spanning across the `��� ����` �� � �w �� �
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deck joists.
Comments: At various locations throughout
the complex deck boards are either missing or inadequate to support an appl ied load
(approximately 15%) and in other areas replacement 2x boards are untreated and
exposed to the weather (approximately 20°l0).
Recommendations: Remove and replace the missing, failed and untreated 2x deck
boards in the next 0 to 2 years. The new baards shalf be screwed in place and the
wood painted and all six sides.
Bomengineering Page 9 af 15 Property Condition Report
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Timber Ridge
Useful Life: As constructed, approximately 10 years with repair.
Opinion of Probable Cost—Replace deck boards as mentioned above—estimated at
$28,000.
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F3. Support Beams ����
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Location: Spanning between posts and
supporting the exterior edge of the 2x joists.
Description: 4x member spanning between .
posts. �
Comments: The support beams in
approximately 30% of the complex are twisted and in approximately 50% of the
complex have an inadequate post to beam connection.
Recommendations: Install new post/beam connection hardware at bad connections in
3 to 5 years.
Useful Life: 3 to 5 years with repair mentioned.
15+ years before full beam replacement.
Opinion of Probabfe Cost—3 to 5 years— repair as mentioned—estimated at$7,000
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F4. Deck Posts �'; ,`'�� °
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Location: The exterior edge of the deck ��� � �z j , �
landings. M� '�� ���
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Description: 4x member attached to the ��� ` �
exterior beams and supported on concrete ��
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footings. � � �
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Comments:The support at the foundation is deteriorated at approximately 50% of the
connections at the complex.
Recommendations: Remove and install new 4x posts at locations where the
foundation system is deteriorated or failed. A new concrete pad or pier may will also
need to be installed to properly support the posts.
Useful Life: Repair in 0 to 2 years.
Opinion of Probable Cost—0 to 2 years— repair as mentioned —estimated at
$22,000.
Bornengineering Page 10 of 15 Property Condition Report
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Timber Ridge
G. Roofing Systems
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G1. Asphalt Shingle Roofing `q `` � �
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Location: All Buildings
Description: The roofs are a dimensional �-�
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asphalt shingle that are installed over an
asphalt saturated roofing underlayment.
Galvanized metal flashings are installed at the
perimeter edges of the roofing. Soffit vents are
installed at eaves with�gable'vents installed at upper head walls. Gutters and
downspouts are generally not installed, but they are located at the main office
building.
Comments: There are many areas of the roof
that have severe deflection of the underlying ,
roof sheathing. This indicates strong potential
of damages to the building structure that have
been caused by water intrusion, snow loading
or deficiencies in the installation.
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Many of the asphalt shingles within a few courses of the roof eaves are damaged,
presumably from the formation of ice dams. Most of these shingles have portions of the
shingle broken off. This reduces the effective coverage of the shingle and increases the
potential for water intrusion through the roof assembly. The broken edge of the shingle
exposes the fiberglass reinforcement as well as the bottom mat of the dimensional
shingle. Exposure to the sun, wind, rain and snow will deteriorate these damaged
shingles even further which will ultimately lead to even greater water intrusion through
the roof.
Bomengineering Page 11 of 15 Property Condition Report
Timber Ridge
Active roof leaks are evident throughout the complex. We observed sections of roofs on
different buildings where plastic sheeting and tarpaulins are placed to keep water out of
units. Soffits at eaves, stair landings and corridors are water stained and damaged from
water intrusion through the roof. Due to the
visible damages to the sheathing and evidence
of water intrusion, we did not access the roofs �
as it appeared a safety hazard to walk on the F ��.�....'< �
roof surface. ���: �F
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Wood fascias are installed along the eaves and !'
rake edges of the roof. The paint is �'�'
delaminating from most of the fascias at the '" �
eaves. Some of the eave fascia is also water
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damaged.
Recommendations: The asphalt shingle roofing, flashings, roof underlayment, roof
sheathing and fascia boards are in very poor condition and require near future
replacement. Many soffits also require replacement. Damages and/or deficiencies to
the underlying structural components should be reviewed and repaired as necessary.
Useful Life: 0 to 3 years.
Opinion of Probable Cost: 0 to 3 years— roof replacement—estimated at$260,000.
H. Site
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H1. Gabion Walls �
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Location: Throughout the complex "
Description: Small boulders/rock encased in a
wire basket. A series of wire baskets are
connected to create a large mass and the
retaining walls for the complex.
Bomengineering Page 12 of 15 Property Condition Report
Timber Ridge
Comments: Approximately 20% of the walls are either bulging or have failed.
Recommendations: Monitor and, if necessary, replace faiied portions of the gabion
walls.
Useful Life: As constructed, approximately 15 years with minor isolated repairs.
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H2. Concrete Walls a �
Location: Along the north property boundary. �
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Description: Large (N15'-20') concrete wail
supporting the soil directly to the north of the
complex.
Comments: The walls appear to have been
repaired with the instaAation of wide flange calumns and tie back anchors. The concrete
surface is cracked throughout the length af the wall and the wall has a slight, negative
batter or lean.
Recommendations: Monitor and, if necessary, replace failed portions of the walL
Useful Life: As constructed, approximateEy 15+ years.
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H3. Trash Enclosures �°����'�����'Y�'���Y+���d'i �y y�°�
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Location: Throughout the complex �-� �
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Description: Open, wood framed structures
with a framed roof supported on an elevated
concrete pad. � °�
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Comments: All trash enclosures have been �v°��������� �'��
damaged by the removal of the trash bins to the extent that the structures are
considered a life/safety hazard and should be abandoned until removed or repaired.
Recommendations: Completely remove the damaged structures and rebuild.
Useful Life: As constructed, approximately Q to 1 year.
Opinion of Probable Cost: 0 to 1 year— rebuild the trash enclosures - $32,000.
Bomengineering Page 13 of 15 Property Condition Report
Timber Ridge
H4. Split Rail fence �' �� �� � ��
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Location: Throughout the complex � �� �
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Description: Typical double split rail and post � ��
fence. '
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Comments:The fencing is in poor condition �`
with extensive dry rot present in all locations. �` �
Recommendations: The fencing does cordon of landscape areas and common space
walking areas from driving areas so it is relatively important. The fencing is in poor
aesthetic condition.
Useful Life: 2 to 4 years.
Opinion of Probable Cost: 2 to 4 years— replace all fencing - $60,000.
Bomengineering Page 14 of 15 Property Condition Report
Timber Ridge
4.0 Exclusions
The following services were not included in this evaluation:
A. Invasive observations.
B. This evaluation does not include invesCigation of other items not mentioned
above.
We have consulted with contractor(s) to assemble an opinion of probable construckion cost.
In preparing this opinion of probable construction cost, Sornengineering makes no warranty,
express or implied, as to the accuracy of this opinion as compared to bid or actuat cost(s) of
the work. Bornengineeri ng has no control over costs or the price of labor, equipment or
materials, market conditions, or Contractor's method of pricing. This opinion has been
prepared on the basis of Bornengineering's professional judgment and experience.
Sincerely,
B rnengineering
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Ju in Foy, RS
Dir ctor of Site and Buildi g Evaluations
JF: :nm
H:\2006\06210 Timber Ridge Viltage\934 Property Condition Eval\Das\Timber Ridge ViIlage Pmperty Condidon Report.doc
Bomengineering Page 15 of 15 Property Condition Report
MEMORANDUM
To: Town Council
From: Kathleen Halloran
� Date: August 21, 2007 �
Subject: Supplemental Appropriation
On Tuesday evening you will be asked to approve the first reading of Ordinance No. 24 making
supplemental appropriations and adjustments to the 2007 budget. We have also set aside time for
discussion in the afternoon work session and are attaching the following information for your review:
• Second Supplemental Appropriation Request of 2007
• Ordinance No. 24 �
• Statements of Revenue, Expenditure, and Changes in Fund Balance including the second
supplemental
Capital Proiects Fund
Based upon actual results through July, we are recommending a budget adjustment of$1.35 million in
additional sales tax revenue. We further recommend the entire amount be directed to the Capital Projects
Fund. Investment income was increased by $200K based on the fund balance available for investment
and current eamings rates.
Other adjustments to the Capital Projects Fund inclnde: the purchase of 6 additional hybrid buses (as
approved August 7); parking equipment replacement (as approved August 7); and the purchase of a
generator for the Police department and Municipal building.
Two employee housing units were purchased: a unit at Vail Heights and a unit at Pitkin Creek. Buy-
down program funds of $365K were used toward these purchases, with the remainder of funding
transferred from the General Fund. The Vail Heights unit was sold for$174.SK.
The financing and expense related to the construction of the West Vail Fire Department was moved from
2007 to 2009. There was also $800K of savings realized on streetscape projects from contingency
funding not spent.
RETT Fund
Revenue from tax collections was reduced by $880K (and increased in 2008) to reflect future sales of
Arrabelle units. Investment income was increased by $175.3K based on the fund balance available for
investment and current earnings rates.
Adjustments to expenditures include: increase to the Whitewater Park enhancements by $282.8K as
approved on June 19; increase to the Seibert Circle project of$400K, offset by Vail Resort's contribution
of$200K and savings on streetscape construction of$200K (as approved on August 7); reconstruction of
the Booth Creek Playground was moved from 2007 to 2011, when the entire park will undergo
renovations; $104SK was budgeted for design work related to the study completed by Borne Engineering
for the town's recreational assets.
General Fund
We are recommending budget adjustments to increase revenue where year-to-date receipts are favorable
to the original budget; including charter bus revenue, federal grants and other state revenue. These items
are offset by corresponding expenditures for various programs. Investment income was increased by
$370K based on the fund balance available for investment and current earnings rates. �
070821 Supp 2nd - 1 -
Adjustments to expenditures include: out of cycle contributions of $273K (approved on June 19).
Another $15K was identified as a potential out of cycle contribution for the Colorado Ski Museum
display at Denver's International Airport. The Ski Museum's request was forwarded to the Vail Local
Marketing District far consideration, but was declined. It was included here pending Council's approval
to pay out of the General Fund.
A total of $200,500 was transferred from the General Fund to the Capital Projects Fund to cover the
remaining cost of purchasing two employee units (Vai1 Heights and Pitkin Creek).
Other changes are outlined in the attached spreadsheet S-1.
Disnatch Services Fund
Adjustments were made to reflect a new software purchase, as well as the funding for that purchase from
the Eagle County Health Service District. �
Health Insurance Fund
Adjustments were made to reflect increased claims activity for the year, as well as reimbursement from
our stop loss carrier. Overall, there is a $448.3K increase in expense to this fund which will reduce the
current fund balance. However, the current fund balance is higher than originally budgeted due to the
timing of claims paid and there are sufficient funds remaining to cover our exposure to additional claims.
070821 Supp 2nd - 2 -
Proposed Supplemental Appropriations and Budget Adjustments#2 of 2007 y
Revenue Expenditure
Increase Increase
Description (Decrease) (Decrease) Reason
General Fund
Invesrinent Income 370,000 Conservative estimate based on current overage and projected income
Collection Costs (43,998) 5%of RETT collections for administration;related to revenue reduction
Other Federal Grants 30,375 Drug Enforcement Grant revenue
Other State Revenue 32,175 Reimbursement from Homeland Security for Emergency Mgmt Training
Emergency Mgmt&CERT 32,175 Emergency Mgmt Training&Citizen Emergency Response Team(CERT)Expenses
Fire Dept-Overtime 40,000 Overage due to staffing shortage and fire student pay structure revision at end of 2006
Out of Cycle Contributions 273;000 Per Council's direction on June 19($250K WF,$18K Ski Museum;$SK Radio Free Minturn)
Out of Cycle Contributions 15,000 Pending Council discussion-to help fund DIA exhibit for Co.3ki Museum
Charter Bus Service 15,400 Excess revenue from X Games(total revenue$58K)
Charter Expense 15,364 Expense for X-Games
Professional Dues 31,100 CO Assoc of Transit Agencies(CASTA);dues&lobbyist for add'1 grant money
Publication of Legal Notices 12,000 Increase in both volume and cost of legal publications
Bank Charges-Transit 20,000 Increase in both volume and rates for credit card fees on parking sales
Misc Revenue -Incident Mgmt Team 3,150 Contribution from Encana Oil&Gas,Inc.for Incident Mauagement Team uniforms
Uniform Expense-Incident Mgmt Team 3,150 Uniforms for Incident Mgmt Team
Wendy's purchase 22,000 Transfer from General Fund to Capital Fund for closing costs related to purchase of Wendy's property
Employee Housing Unit purchase 200,500 Transfer from General Fund to Capital Fund for purchase of empioyee housing units
Professional Fees 26,700 Consultant to perform Construction Mitigation Fee study
Subtotal General Fund 407,102 690,989
Capital Projects Fund
Sales Taac Revenue 1,350,000 Increase in projected tax revenue collections(100%to Capital fund)
Investment Income 200,000 Earnings projected at 4.95%;Original budget was very conservative&based on less fund balance
Sale of Vail Heights Unit 174,500
Transfer from General Fund 200,500 To cover additional cost of employee housing unit purchase(Vail Heights&Pitkin Creek)
Buildings-Vail Heights Unit 280,000 Purchase of Vail Heights unit 11 (Chamonix Lane)
Buy Down Program (365,000) Use buy-down funds toward purchase of employee housing units
Buildings-Pitkin Creek Unit 460,000 Purchase of Pitken Creek Park unit 6-H
Misc-Condo Dues 1,875 6 months of condo dues for Pitkin Creek unit
Utilities-Electricity 250 6 months of electric utilities for Pitken unit
Transfer from General Fund 22,000 Closing costs for Wendy's property purchase
Purchase of VYendy's property 22,000 Closing costs for Wendy's property purchase
Email Archive Appliance 16,000 Equipment for archival of email data-needed for compliance with legistlation effective Jan 1 2008
Other Federal Grants 50,617 Additional grant money for bus replacement;more for Intermodal site in'O8,'09,'10($4.SM total)
Vehicles-Buses 3,675,000 Purchase of 6 additional buses(7 total)per Council's approval Aug.7;(moved up from 2008)
Parking Equip replacement 390,348 Moved 2009 expense up to 2007 based on need for new equip;per Council's approval Aug.7
Fire Infrastructure (2,650,000)Push construction costs for W.Vail Fire Station out to 2008/2009
Supp 2 of 2007 3 8/16/2007 9:08 AM
Proposed Supplemental Appropriations and Budget Adjustments#2 of 2007 �
Revenue Expenditure
Increase Increase
Description (Decrease) {Decrease) Reason
Fire Station Financing (2,040,000) Financing related to construction of W.Vail Fire Station(also pushed to 2008/2009)
West&East Meadow Dr-Streetscape (150,000) Savings on construction costs(contingencies not needed)
Viilage Streetscape (500,000) Savings on conshuction costs(contingencies not needed)
East Meadow Dr.-Streetscape Heat (150,000) Savings on construction costs(contingencies not needed)
Generator for PD&Muni Bldg 75,000 Replacement needed urgently;Estimated cost for equipment and install/construction
LH Parking Structure RFP 52,500 Legal and consulting fees to be reimbursed(includes an admin fee)
LH Parking Structure RFP 50,000 Legal and consulting fees
Subtotal Capital Projects Fund 50,117 1,155,473
RETT Projects Fund
RETT Revenue (879,952) Arrabelle shifted from 2007 to 2008
Collection Costs (43,998) 5%of RET"I'collections for administration;related to revenue reduction
Investment Income 175,300 Conservative estirnate based on cunent overage and projected income
Project Reimb/Shared Costs 10,400 One Willow contribuion towards kayak take-out;requiremt of construction project
Construction Services 10,000 Kayak take-out canstruction cost relating to One Willow project funding
Conshuction Services 282,&15 Whitewater Park enhancements per Council's approval June 19(incr to total of$376K)
Conshuction Services (422,000) Booth Creek Playground budgeted for full re-do in 2011;remove ather fixes budgeted in'07
Meadow Dr.Streetscape . (200,000) Savings on construction costs(contingencies not needed)
Construction Services-Seibert Circle 200,000 Increase in consttuction costs;per Council's approval Aug.7
Project Reimb/Shared Costs 200,000 Aknowledge Vail Resort's contribution toward Seibert Circle project
Construction Services-Seiber[Circle 200,000 Increase in conshuction costs;relates to Vail Resorts'contribution of$200K for Seibert Circle
Recreation Master planning I04,500 Design cost for recreational assets as related to engineering study
Subtotal RETT Projects Fund (494,652) 131,317
Dispatch Service Fund
Project Reimbursement 72,000 Dispatch software-paid by Eagle County Health Service District
72,000 Dispatch software
Subtotal Dispatch Service Fund 72,000 72,000
Health Insurance Fund ,
Insurer proceeds 147,000 Reimbursed claims from our stop-loss carrier(Insurance for claims over$70K)
Cobra 10,600
Interest Income b,3Q0
Short Term Disability (16,Q00)
Claims paid expense 628,200 Increase in claim expense;based on projections from our third party administrator
Subtotal Health Insurance Fund 163,900 612,200
Total All Funds 198,4b7 2,661,979
Supp 2 of 2007 4 8/16/2007 9:08 AM
2nd Supplemental of 2007
First Reading
TO�WN OF VAIL 2007 BUDGET
SUMMARY OF REVENUE,EXPENDITURES AND CHANGES IN FUND BALANCE
GENEFtAL FUND
Current Proposed
Budget Ammended Ammended
2007 2007 Supp#2 2007
Revenue
Local Taxes
Sales Tax Split b/t Gen'I Fund&Capital Fur 63/37 58/42
Sales Tax $ 10,741,500 10,741,500 10,741,500
Property and Ownership 3,007,998 3,007,998 3,007,998
Ski Lift Tax 2,890,000 2,890,000 2,890,000
Franchise Fees, Penalties,and Other Taxe: 807,000 807,000 807,000
Licenses&Permits 1,883,550 2,779,550 2,779,550
Intergovemmental Revenue 1,283,200 1,283,200 65,700 1,348,900
Transportation Centers 3,685,380 3,685,380 3,685,380
Charges for Services 752,856 801,606 (28,598) 773,008
Fines&Forfeitures 201,500 201,500 201,500
Eamings on Investments 425,000 425,000 370,000 795,000
Transfer from RETT - -
Rental Revenue 754,908 737,220 737,220
Miscellaneous and Project Reimbursements 70,000 70,000 70,000
Total Revenue 26,502,892 27,429,954 407,102 27,837,056
Expenditures
Salaries 12,099,741 12,099,741 69,837 12,169,578
Benefits 4,240,927 4,240,927 1,353 4,242,280
Subtotal Compensation and Benefits 16,340,668 16,340,668 71,190 16,411,858
Contributions and Special Events 1,176,664 1,176,664 288,000 1,464,664
All Other Operating Expenses 5,974,016 7,285,037 109,299 7,394,336
Heavy Equipment Operating Charges 1,946,418 1,946,418 1,946,418
Heavy Equipment Replacement Charges 631,723 631,723 631,723
Dispatch Services 512,427 512,427 512,427
Total Expenditures 26,581,916 27,892,937 468,489 2$,361,426
Revenue Over(Under)Expenditures (79,024) (462,983) (61,3g7) (524,370)
Transfer to Capital Projects Fund (222,500) (222,500)
Transfer from Capital Projects Fund -
Transfer to RETT -
Transfer to Dispatch Services Fund -
Beginning Fund Balance 12,664,979 $ 15,433,051 $ 15,433,051
Ending Fund Balance $ 12,585,955 $ 14,970,068 $ 14,686,181
5
�
2nd Supplemental of 2007
First R�ading
70WN OF VeRIL 2007 BUDGET
SUMMA�iY OF R�VENUE,�XPENDITUR�S,AND CHANGES IN FUN�BALANCE
CAPETAL PROJECI"�FUN�
Current Proposeai
8udget Ammended Ammend�d
2007 2007 Supp�62 2007
Revenue
Sales Tax � 6,3Q8,500 6,30£�,500 'l,350,OQ0 7,658,50Q
Federal Grant Revenus - 50,617 50,617
Lease Revenue 187,800 187,80d 187,800
Project Reimbursement 141,869 52,5i70 194,369
Eagle County Grant Revenue 500,000 500,000
Earnings on Investments and Other 43,000 43,000 374,500 417,500
Tatal Revenue 6,539,30Q 7,181,169 1,827,617 9,008,786
Expenditures
Land Purchases
Vail Heights Unit 280,000 280,000
Pitkin Creek Unit 462,125 462,125
East Vail Lodging Unit 172,550 172,550
Wendy's Properry 2,000,000 22,OOd 2,022,000
Equipment Purchases
Document Imaging 97,000 97,000 97,000
Software&Hardware Upgrades 72,000 72,000 16,000 88,000
Comm Dev Interactive Permit software 65,a00 55,000 65,000
Software Licensing - -
Network upgrades/new UPS for computer rooi 45,000 45,000 45,000
Com Dev Plotter - -
Web Page DevelopmenUEcommerce 20,000 20,000 20,000
Eagle County CAD/RMS Project 92,500 92,500 92,500
Parking Equipment Replacement - 390,34g 390,348
Police Copier - -
Patrol Car Video Cameras - -
Fire Truck Rebuild/Refurbish 588,000 �89,352 589,352
Fire Department Breathing Apparatus - -
Jail Video Spstem Upgrade 12,000 12,000 12,000
Police Radio AMP in parking structures 50,000 50,000 50,000
Heavy Duty Tire changer 17,500 17,500 17,500
Generator 75,000 75,000
Office Equipment 17,000 17,000 17,000
Repower Buses - - -
Replace Buses 167,605 3,67�,000 3,842,605
GPS for Buses 52,750 52,750
80Q MHz radio system -
Vehicle Expansion 4�4,800 44 800 44 800
Subtotal Equipment Purchases 1,120,800 1,342,507 4,156,348 5,498,855
Capital Maintenance �
Bus Shelter Replacement 30,000 30,000 30,Od0
Capitai Street Maintenance 530,000 830,000 830,000
Parking Structure Improvements 455,000 481,129 481,129
General Facility Improvements 446,000 744,627 744,627
Fire suppression in computer rooms 35,500 35,500 35,500
Flammable storage/Mag Chloride 24 000 24 OOb
Subtotal Capital Maintenance 'E,796,500 2,145,258 - 2,l45,256
Street Reconstruction
Neighborhood Road Reconstruction - -
Neighborhood Bridge Rewnstruction - -
Frontage Road-Ford Park - -
Subtotal Street Reconstrcection - - - �
6
2nd Supplementsl of 2007
First Reading
TOWN OF VAIL 2007 BUDGET
SUMMARY OF REVENUE,EXPENDITURES,AND CHANGES IN FUND BALANCE
CAPITAL PROJECTS FUND
Current Proposed
Budget Ammended Ammended
2007 2007 Supp#2 2007
Buildings&Improvements
Fire infrastructure improvements 2,000,000 2,767,229 (2,650,000) 117,229
Building Remodels 50,000 50,000 50,000
Fiber Optics in Buildings 15,000 15,000 15,000
Dobson Ice Arena 7,900 7,900
Way Finding Improvements 9,896 9,896
Donovan Park Pavilion 29,634 29,634
Gymnastics Facility 5,612 5,612
Municipai Building - -
LH Information Center Renovation - -
Creekside Housing Improvements - -
Subtotal Bidgs/Improvements 2,065,000 2,885,271 (2,650,000) 235,271
Streetscape Projects
West&East Meadow Drive 1,100,000 1,100,000 (150,000) 950,000
East Meadow Drive-Streetscape Heat 1,180,000 1,180,000 (150,000) 1,030,000
Village Streetscape 1,776,667 (500,000) 1,276,667
Subtotal Streetscape Projects 2,280,000 4,056,667 (800,000) 3,256,667
Housing Program
Buy-Down Program 100,000 365,000 (365,000) -
Rational Nexus Study 1,999 1,999
Timber Ridge Debt Service Guarantee 925,000 925,000
Timber Ridge Legal/Zoning 32,558 32,558
Subtotal Housing Program 100,000 1,324,557 (365,000) 959,557
LionsHead Redevelopment
LionsHead Improvements 89,764 89,764
lntermodal Site
Subtotal LionsHead Redevelopment - 89,764 - 89,764
Other Improvements
TOV Strategic Planning(Vail 2020) 150,000 167,920 167,920
West Vail Area Plan 27,300 27,300
Street Light Improvement Program 75,000 80,099 80,099
I-70 Noise 250,000 837,575 837,575
LH Parking Structure RFP 76,299 50,000 126,299
Bio-Mass Study 50,000 50,000 50,000
E.Vail Radio Tower
Subtotat Other Improvements 525,000 1,239,193 50,000 1,289,193
Total before Financing 7,887,300 15,255,765 1,155,473 16,411,238
W.Vail Station Bonds 2,000,000 2,000,000 (2,000,000) -
Main Vail Renovations Bonds -
W.Vail Station Debt Service (57,213) - -
Main Vail Renovations Debt Service -
Transfer for Debt Service (2,322,497) (2,322,497) (2,322,497)
Transfer from General Fund 222,500 222,500
Total Financing (379,710) (322,497) (1,777,500) (2,099,997)
Total Expenditures 8,267,010 15,578,262 2,932,973 18,511,235
Revenue Over(Under)Expenditures (1,727,710) (8,397,093) (1,105,356) (9,502,449)
Beginning Fund Balance 3,151,373 10,256,602 10,256,602
Ending Fund Balance 1,423,663 1,859,509 754,153
7
' 2nd Supplemental 2007
First Reading
TOWN OF VAIL 2007 BUDGET
SUMMARY OF REVENUE,EXPENDITURES AND CHANGES IN FUND BALANCE
REAL ESTATE TRl1NSFER TAX FUND
Current Proposed
Budg�t Ammended Ammended
2007 2007 Supp#2 2007
REVENUE
RealEstateTransferTax $,179,952 8,179,952 (879,952) 7,300,000
Federal Grant - -
Golf Course Lease 123,018 123,018 123,018
Lottery Revenue 2Q000 20,000 20,000
Project Reimbursements 150,000 164,065 21Q000 374,065
Earnings on Investments and Other 57,000 184,700 175,300 360,000
Transfer from GF - -
Recreation Amenity Fees 125,000 125,000 125,000
Total Revenue 8,654,970 8,796,735 (494,652) 8,302,083
EXPENDITURES
Annual Maintenance
RETT Management Fee 408,998 408,998 (43,998) 365,000
Rec.Path Capital Maintenance 216,300 234,837 234,837
Alpine Garden Support 54,080 54,080 54,080
Tree Maintenance 87,000 104,796 104,796
Forest Health Management 250,000 385,325 385,325
Street Fumiture Replacement 20,000 20,000 20,000
Black Gore Creek Sand Mitigation 100,000 135,000 135,000
Park,Path&Landscape Maintenance 1,260,802 1,260,802 1,260,802
Subtotal Maintenance 2,397,180 2,603,838 (43,958) 2,559,840
Recreation PathiTrail Development
Katsos Ranch 750,000 1,225,943 1,225,943
Cascade Bike Path 7,000 7,000
TimberRidge-Buffehr Crk Rd Separation 675,000 675,000 675,000
Trailhead Development 21,000 27,273 27,273
Meadow Drive Streetscape 92Q000 920,000 (200,000) 720,000
Frontage Road Bike Trail - - -
Subtotai Pathways 2,366,000 2,855,216 (200,000) 2,655,216
Capital Maintenance
ADA Compliance w/VRD 50,000 126,848 126,848
VRD Agreements/Legal 50,000 52,444 52,444
Raw Water Project/Irrigation Control - 10,388 10,388
Stream Tract Incursion Survey 34,881 34,881
Big Hom Park-Per Safety Plan 216,756 216,756
Red Sandstone Park-Per Safety Plan 58,000 58,000 58,000
Retrofit Park Restrooms-3 seasons 172,402 172,402
Park/Playground Capital Maintenance 100,000 100,000 100,000
Landscape Medians 570,000 570,OQ0 570,000
Turf Topdresser 12,000 12,000 12,000
Bear Proof Containers 180,000 199,500 199,500
Sibert Circle 699,095 400,000 1,099,095
Greenhouse 100,000 100,000 100,000
Subtotal Capital Maintenance 1,120,000 2,352,314 400,000 2,752,314
Art in Public Places(AIPP)
Public Art 75,000 260,909 260,909
Project Management 66,000 66,000 66,000
Subtotal AtPP 749,000 326,909 - 326,909
Park Development
Donovan Park 49,050 49,050
White Water Park 93,185 282,815 376,000
LionsHead Park 139,000 139,000 139,000
Booth Creek Park Redevelopment 422,000 422,000 (422,000) -
Skate Park 400,000 400,000
Kayak Take-out - 10,000 10,000
Ford Park Master Plan-Improvements 100,000 100,000 100,000
Subtotal Park Development 667,OU0 1,203,235 (129,185) 1,074,050
8
,
� 2nd Suppiemental 2007
First Reading
TOWN�F VAIL 2007�UDGET
SUMMARY OF R�VEINUE,EXPENDITURES AaND CHANGES IN FUND BALANCE
REAL ESTATE TR�IdSFER TAX FUND
�urrerrt Propos�d
Budget Ammended Ammended
2007 2007 S�pp#2 2007
Discretionary Projects
Recreation Master Planning 104,500 104,500
Ford Park/Tennis Center Improvements 56 000 56,000 56,000
Total DBscretionary Projects 56,000 56,000 104,500 160,500
Environmental Sustainability 250,d00 250,000 250,000
Open Space Acquisition - 551,019 551,019
Total Expenditures 6y991,180 10,198,531 131,317 10,329,&48
Revenue Over(Under)Expenditures 9,663,790 (1,401,796) (625,969) (2,027,765)
Beginning Fund Balance 4,444,006 8,956,388 8;956,388
Ending Fund Balance 6,107,796 7,554,592 (�625,969) 6,928,623
9
2nd Supplementai 2007
First Reading
TOWN OF VAIL 2067 BUDGET
SUMMARY OF REVE�IUE,EXPENDITURES,AND CFIANGES I�I FUNU SALANCE
DlSPA�CH SERVICES FUIND
Proposed
2007 Ammended
Budget Supp#2 2007
Reveroue
E911 Board Revenue 563,654 563,654
Interagency Charges 901,858 901,858
Town of Vail Interagency Charge 512,427 512,427
Earnings on Investments - -
E911 BOARD Capital Grant - -
Project ReimbursemenY - 72,000 72,000
Other _
Total Revenue 1,977,939 72,000 2,049,939
Expenditures
Salaries&Benefits 1,470,322 1,470,322
Operating,Maintenance&Cantracts 475,119 475,119
CapitalOutlay 50,000 72,000 122,000
7otal Expenditures 1,995,441 72,Q00 2,067,441 _
Revenue Over(Under)Exp�nditures (17,502) - (17,50�
Transfer to Capital Projects Fund -
Transfer from General Fund
Beginning Fund Balance 329,044 543,186
Ending Fund Balance 311,542 - 525,684
HEALTH HVSURANCE FUND
Proposed
2007 �mende�i
Budget Supp#2 2007
Revenue
Town of Vail Interagency Charge-Premiums 2,242,900 2,242,900
Employee Contributions 241,600 10,600 252,200
Insurer Proceeds 5,000 147,000 152,000
Earnings on Investments 27,20J 6,300 33,500
Total Revenue 2,516,700 163,900 2,680,600
Expenditures
Health Inusrance Premiums 299,400 299,400
Claims Paid 2,143,8C10 628,200 2,772,000
Short-term Disability Pay 56,OQ0 (16,000) 40,000
Professional Fees 17,500 17,500
Total Expenditures 2,516,700 612,200 3,128,900
Revenue Over(Under)Expend'etures - (448,300) (448,300)
Beginning Fund Balance 475,154 1,009,273
Ending Fund Balance 475,154 560,973
10
.
ORDINANCE NO. 24
SERIES OF 2007
AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS TO THE TOWN OF VAIL
GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND,
DISPATCH SERVICES FUND AND HEALTH INSURANCE FUND OF THE 2007 BUDGET
FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE EXPENDITURES OF
SAID APPROPRIATIONS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN
REGARD THERETO.
WHEREAS, contingencies have arisen during the fiscal year 2007 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
28, Series of 2006, adopting the 2007 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 supplemental appropriations and budget adjustments as set forth herein.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO that:
1. Pursuant to Section 9.10(a)of the Charter of the Town of Vail, Colorado, the Town
Council hereby makes the following supplementa! appropriations and budget adjustments for the
2005 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the expenditure or
(reduction) of said appropriations as follows:
General Fund $ 690,989
Capitat Projects Fund 1,155,473
Real Estate Transfer Tax Fund 131,317
Dispatch Services Fund 72,000
Health Insurance Fund 612.200
Total $ 2,661,979
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
- 1 -
Ordinance No.24,Series of 2007
ordinance; and the Town Council hereby declares it would have passed this ordinance, and each
part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or
more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
3. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code of
the Town of Vail as provided in this ordinance shall not affect any right which has accrued,any duty
imposed, any violation that occurred prior to the effective date hereof,any prosecution commenced,
nor any other action or proceedings as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
5. All bylaws,orders, resolutions,and ordinances, or parts thereof, inconsistent herewith
are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise
any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 21st day of August, 2007, and a public hearing shall be held on this
Ordinance on the 4th day of September, 2007, at the regular meeting of the Town Council of the
Town of Vail, Colorado, in the Municipal Building of the town.
Rodney E. Slifer, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
- 2 -
Ordinance No.24,Series of 2007
j S
MEMORANDUM
TO: Town Council
FROM: Community Development Department
DATE: August 21, 2007
SUBJECT: Ordinance No. 25, Series of 2007, an ordinance amending Sections 12-66-2, 12-
6B-3, 12-6C-2, 12-6C-3, 12-6D-2, 12-6D-3, 12-13-4, Vail Town Code, to change
Type II Employee Housing Units from a conditional use to a permitted use in the
Single-Family Residential (SFR), Two-Family Residential (R), and Two-Family
Primary/Secondary Residential (PS) districts, and setting forth details in regard
thereto. (PEC07-0042)
Applicant: Town of Vail
Planner: Bill Gibson
I. DESCRIPTION OF THE REQUEST
The applicant, Town of Vail, is requesting a first reading of Ordinance 25, Series of
2007, an ordinance amending Sections 12-6B-2, 12-6B-3, 12-6G2, 12-6G3, 12-6D-2,
12-6D-3, 12-13-4, Vail Town Code, to change Type II Employee Housing Units from a
conditional use to a permitted use in the Single-Family Residential (SFR), Two-Family
Residential (R), and Two-Family Primary/Secondary Residential (PS) districts, and
setting forth details in regard thereto..
II. BACKGROUND
On March 23, 2003, the Planning and Environmental Commission reviewed the
proposed text amendments and forwarded a recommendation of approval to the Vail
Town Council by a vote of 6-0-0.
On July 1, 2003, the Vail Town Council chose to approve the first reading of an
ordinance to implement the proposed text amendments by a vote of 5-2-0. On July 15,
2003, and again on October 17, 2003, the Town Council tabled the second reading of
this ordinance to an indefinite date. Before approving the second reading, the Town
Council first wanted to await the outcome of the on-going gross residential floor area
(GRFA) amendment discussions (which were not approved until August of 2004) and
other broader employee housing topics such as deed restriction compliance
enforcement.
On August 13, 2007, the Planning and Environmental Commission reviewed the
proposed text amendments and forwarded a recommendation of approval to the Town
Council by a vote of 6-0-0.
Ordinance No. 25, Series of 2007, (Attachment A), and the staff memorandum to the
Planning and Environmental Commission dated August 13, 2007, (Attachment B) have
been attached for reference.
1
III. STAFF RECOMMENDATION
The Department of Community Development recommends the Vail Town Council
approve Ordinance No. 25, Series of 2007, on first reading to amend Sections 12-6B-2,
12-6B-3, 12-6C-2, 12-6C-3, 12-6D-2, 12-6D-3, 12-13-4, Vail Town Code, to change
Type II Employee Housing Units from a conditional use to a permitted use in the Single-
Family Residential (SFR), Two-Family Residential (R), and Two-Family
Primary/Secondary Residential (PS) districts, and setting forth details in regard thereto.
Staff's recommendation is based upon the review of the criteria noted in Section VII of
the August 13, 2007, staff memorandum to the Planning and Environmental Commission
and the evidence and testimony presented.
Should the Town Council choose to approve Ordinance No. 25, Series of 2007, on first
reading, the Department of Community Development recommends the Town Council
make the following findings:
"1. That the amendments are consistent with the applicable elements of fhe adopted
goals, objectives and policies outlined in the Vail Comprehensive Plan and is
compatible with the development objectives of the Town based upon the review
outlined in Section Vll of the Staff's August 13, 2007, memorandum to the
Planning and Environmental Commission; and,
2. That the amendments further the general and specific purpose of the Zoning
Regulations based upon the review outlined in Section Vll of the Statf's August
13, 2007, memorandum to the Planning and Environmental Commission; and,
3. That the amendments promote the healfh, safety, morals, and general welfare of
the Town and promote fhe coordinated and harmonious development of the
Town in a manner that conserves and enhances its natural environment and its
established character as a resort and residential community of the highest quality
based upon the review outlined in Section Vll of the Staff's August 13, 2007,
memorandum to the Planning and Environmental Commission."
IV. ATTACHMENTS
A. Ordinance No. 25, Series of 2007
B. Staff memorandum to the PEC dated August 13, 2007
2
_ V�il Town Council Attachment: A
ORDINANCE NO. 25
SERIES OF 2007
ORDINANGE NO. 25, SERIES OF 2007, AN ORDINANCE AMENDING SECTIONS 12-6B-2, 12-
6B-3, 12-6C-2, 12-6C-3, 12-6D-2, 12-6D-3, 12-13-4, VAIL TOWN CODE, TO CHANGE TYPE II
EMPLOYEE HOUSING UNITS FROM A CONDITIONAL USE TO A PERMITTED USE IN THE
SINGLE-FAMILY RESIDENTIAL (SFR), TWO-FAMILY RESIDENTIAL (R), AND TWO-FAMILY
PRIMARY/SECONDARY RESIDENTIAL (PS) DISTRICTS, AND SETTING FORTH DETAILS IN
REGARD THERETO.
WHEREAS, the Planning and Environmental Commission of the Town of Vail has held
public hearings on the proposed amendments in accordance with the provisions of the Vail
Town Code; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail
recommended approval of these amendments at its August 13, 2007 meeting, and has
submitted its recommendation to the Vail Town Council; and
WHEREAS, the Planning and Environmental Commission finds that the proposed
amendments are consistent with the applicable elements of the adopted goals, objectives and
policies outlined in the Vail Comprehensive Plan and are compatible with the development
objectives of the Town; and
WHEREAS, the Planning and Environmental Commission finds that the proposed
amendments promote the health, safety, morals, and general welfare of the Town and promote
the coordinated and harmonious development of the Town in a manner that conserves and
enhances its natural environment and its established character as a resort and residential
community of the highest quality; and
WHEREAS, the Vail Town Council considers it in the interest of the public health, safety,
and welfare�to adopt these amendments to the Town Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
1
Section 1. The purpose of this ordinance is to allow Type II EHUs (employee housing
units) as permitted uses in the Single Family, Two-Family, and Two-Family Primary/Secondary
Zone Districts. (Text that is to be deleted is s#+s�e�. Text that is to be added is bold. Sections
of text that are not amended may be omitted.)
Section 2. Article 12-6B, Single-Family Residential District (in part) is hereby amended
as follows:
12-68-2: PERMITTED USES:
The following uses shall be permitted in the SFR district:
Single-family residential dwellings.
Type II emp/oyee housing unit, as further regulated by chapter 13 of
this tit/e.
Type IV employee housing unit, as further regulated by chapter 13 of this
title.
12-68-3: CONDITIONAL USES:
The following conditional uses shall be permitted, subject to issuance of a conditional
use permit in accordance with the provisions of chapter 16 of this title.
Bed and breakfasf as further regulated by section 12-14-18 of this title.
Dog kenneL
Home child daycare facility as further regulated by section 92-14-12 of this
title.
Public buildings, grounds and facilities.
Public or private schoo/s.
Public park and recreation facilities.
Public ufility and public service uses.
Ski lifts and tows.
Section 3. Article 12-6C, Two-Family Residential District (in part) is hereby amended as
follows:
12-6C-2: PERMITTED USES:
The following uses shall be permitted in the R disfrict:
Single-family residential dwellings. �
Two-family residential dwellings.
Type 1 employee housing unit, as further regulated by chapter 13 of this title.
Type 11 emp/oyee housing unit,as furtherregulated by chapter 13 ofthis
tit/e.
2
Type IV employee housing unit, as furtherregulated by chapter 13 of this title.
12-6C-3: CONDITIONAL USES:
The following conditional uses shali be permitted in the R district, subject to issuance
of a conditional use permit in accordance with the provisions of chapter 96 of this
title:
Bed and breakfast as further regulated by section 12-14-18 of this fiitle.
Dog kenneL
Home child daycare facility as further regulated by section 12-14-12 of this
title.
Public buildings, grounds and facilities.
Public or private schoo/s.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Section 4. Article 12-6D, Two-Family Primary/Secondary Residential District (in part) is
hereby amended as foliows:
92-6D-2: PERMITTED USES:
The following uses shall be permitted:
Single-family residential dwellings.
Two-family residential dwellings.
Type !employee housing unit, as further regulated by chapter 13 of this title.
Type 11 emp/oyee housing unit,as furtherregulated by chapter 13 of this
title.
12-6D-3: CONDITIONAL USES:
The following conditional uses shall be permitted, subject to issuance of a conditional
use permit in accordance with the provisions of chapter 16 of this title:
Bed and breakfast as further regulated by Section 12-14-18 of this title.
Home child daycare facility as further regulated by section 12-14-12 of this
title.
Public buildings, grounds and facilities.
Public or private schoo/s.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
3
Section 5. Sub-Section 12-16-7-A (in part) is hereby amended as follows:
12-93-4:REQUIREMENTS BY EMPLOYEE HOUSING UNIT(EHU) TYPE
EHU Zoning districts Ownership/ Additional GRFA' Additiona/Site Coverage Garage Parking Minimum/ Density
permitted by right or by Transference /Reduced Landscape Area CredibStorage Maximum GRFA of
conditional use Requirement an EHU
Type!I Permitied Use: The EHU shall not The EHU is n/a Allowed 300 sq.ft.of Per Chapter 12-10 as a 300 sq.ft.minimum. Allowed as
Sing/e-Family be so/d or entitled to an additiona/garage dwelling unik 1,200 sq.ft. third unit on
Residential, Two- transferred additionai 550 sq. area for the EHU. maximum. properiy.
Family Residential, separate/y from ft. GRFA credit. Does not
Two-Family the unit it is count as
Primary/Secondary associated with. All units not density.
Residential constructed with a
garage shall be
required a minimum
Conditiona/Use: 75 sq.ft.of storage
��y area in addition to
{�s�,�i��.��.. normai closet space.
�{y�$���. This 75 sq.ft.shall
��ge�aFy be a credit for
�es+de�tial;Agricu/ture storage only.
&Open Space
4
Section 6. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof,
regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or
phrases be declared invalid.
Section 7. 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.
Section 8. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other action or
proceeding as commenced under or by virtue of the provision amended. The amendment of any
provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 9. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall
not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
repealed.
Ordinance No.25,Series of 2007
5
r
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 21St day of August, 2007, and a public
hearing for second reading of this Ordinance set for the 4th day of September, 2007, at 6:00 P.M.
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Rodney E. Slifer, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No.25,Series of 2007
6
Vail Town Council Attachment: B
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Department of Community Development
DATE: August 13, 2007
SUBJECT: A request for a final recommendation to the Vail Town Council, pursuant to
Section 12-3-7, Amendment, Vail Town Code, for proposed text amendments to
Sections 12-6B-2, 12-6B-3, 12-6C-2, 12-6C-3, 12-6D-2, 12-6D-3, 12-13-4, Vail
Town Code, to allow a Type II employee housing unit as a permitted use, and to
eliminate a Type II employee housing unit as a conditional use, in the Single-
Famiiy Residential (SFR), Two-Family Residential (R), and Two-Family
� Primary/Secondary Residential (PS) districts, and setting forth details in regard
thereto. (PEC07-0042)
Applicant: Town of Vail
Planner: BiII Gibson
I. SUMMARY
The applicant, Town of Vail, is proposing to amendment Title 12, Zoning Regulations,
Vail Town Code, to allow a Type II employee housing unit (EHU) as a permitted use and
to eliminate a Type II employee housing unit as a conditional use in the Single-Family
Residential (SFR), Two-Family Residential (R), and Two-Family Primary/Secondary
Residential (PS) districts. The primary purpose for these proposed text amendments is
to expedite the development review process for Type II EHUs to make more efficient use
of the Planning and Environmental Commission, Town Sfaff, and applicants' time and
resources. The proposed text amendments do not alter the Town's existing
development standards or criteria for review of Type II EHUs.
Based upon staff's review of the criteria in Section VI of this memorandum, the
Community Development Department recommends that the Planning and Environmental
Commission forward a recommendation of approval to the Town Council of the
requested text amendments, subject to the findings noted in Section VII of this
memorandum.
II. DESCRIPTION OF THE REQUEST
A�Type II EHU is a deed restricted dwelling unit constructed in conjunction with a single-
family or two-family residence in the Single-Family Residential (SFR), Two-Family
Residential (R), Two-Family Primary/Secondary Residential (PS), and Agriculture and
Open Space (A) districts. Type II EHUs can not be sold or transferred separately from
the primary dwelling unit to which it is associated. Type II EHUs must be leased to, and
occupied by; tenants employed within Eagle County in accordance with the requirements
of the deed restriction. For zoning purposes, Type II EHUs are not counted as density
1
and are eligible for additional gross residential floor area (GRFA) and garage floor area
credits. Currently Type II EHUs are allowed as conditional uses within the Single-Family
Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary
Residential (PS), and Agriculture and Open Space (A) districts; therefa�e, al! applications
for Type II EHUs within these districts require Planning and Environmental Commission
review and approvaL
Please note that the Town of Vail is not proposing to amend the regulations of the
Agricufture and Open Space (A) district which currently allow Type II EHUs as a
conditional use. Staff believes the open space, rather than residential, character of this
district warrants an additional level of review of an EHU within this district.
The proposed text amendments will change a Type II EHU from a conditional use to a
permitted use in the Single-Family Residential (SFR), Two-Family Residential (R), and
Two-Family Primary/Secondary Residential (PS) districts. These proposed text
amendments shift the burden of reviewing and approving Type II EHU applications from
the Planning and Environmental Commission to the Town Staff. The primary purpose for
these proposed text amendments is to expedite the development review process for
Type II EHUs to make more efficient use of the Planning and Environmental
Commission, Town Staff, and applicants' time and resources. The proposed text
amendments do nof alter the Town's existing development standards or criteria for
review of Type II EHUs.
Currently the Town Staff administratively processes Type 11 EHU applications on the
Glen Lyon Subdivision Primary/Secondary and Single Family Lots of Special
Development District #4, Cascade Village. Ordinance No. 23, Series of 1998,
establishes the regulations for Special Development District #4 and specifically allows
Type II EHUs on these residential properties as permitted rather than conditional uses.
To the best of Staff's knowledge, there have been no negative issues associated with
the administrative review of proposed Type II EHUs within the Glen Lyon Subdivision.
Additionally, Town Staff administratively reviews and approves (or denies) applications
for Type I EHUs in the Two-Family Residential and Two-Family Primary/Secondary
Residential districts; Type III EHUs in the Lionshead Mixed Use 1 (LMU-1), Lionshead
Mixed Use 2 (LMU-2), and Housing (H) districts; Type IV EHUs in all zone districts; and
Type V EHUs in the Hillside Residential (HR) district.
The Town of Vail is proposing to amendment Sections 12-6B-2, 12-6B-3, 12-6C-2, 12-
6C-3, 12-6D-2, 12-6D-3, and 12-13-4, Vail Town Code, to allow a Type II employee
housing unit as a permitted use and to eliminate a Type II employee housing unit as a
conditional use in the Single-Family Residential (SFR), Two-Family Residential (R), and
Two-Family Primary/Secondary Residential (PS) districts. The proposed text
amendments are as follows:
(deletions are shown in �+Ice-t#Fe�g#�/additions are shown bold)
2
Sinple-Familv Residential(SFR) district
12-68-2: PERMITTED USES:
The following uses shall be permitted in the SFR district:
Single-family residential dwellings.
Type /l employee housing unit, as further regulated by chapter 13 of
this title.
Type IV employee housing unit, as further regulated by chapter 13 of this
title.
12-68-3: CONDITIONAL USES:
The following conditional uses shall be permitted, subject to issuance of a
conditional use permit in accordance with the provisions of chapter 16 of this title.
Bed and breakfast as further regulated by section 12-14-18 of this title.
Dog kennel.
Home child daycare facility as further regulated by section 12-14-12 of
this title.
Public buildings, grounds and facilities.
Public or private schools.
Public park and recreation facilities.
Public utilify and public service uses.
Ski lifts and tows.
Two-Familv Residential (R) district
12-6G2: PERMITTED USES:
The following uses shall be permitted in the R district:
Single-family residential dwellings.
Two-family residential dwellings.
Type 1 employee housing unit, as�further regulated by chapter 13 of this
trtle.
Type ll employee housing unit, as further regulated by chapter 13 of
this title.
Type IV empioyee housing unit, as further regulated by chapter 13 of this
title.
12-6G3: CONDITIONAL USES:
The following conditional uses shall be permitted in the R district, subject to
issuance of a conditional use permit in accordance with the provisions of chapter
16 of fhis title:
Bed and breakfast as further regulated by section 12-14-18 of this title.
Dog kennel.
3
Home child daycare facility as further regulated by section 12-14-12 of this
title.
Public buildings, grounds and facilities.
Public or private schoo/s.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Two-Familv PrimaN/SecondarY Residential(P/S) district
12-6D-2: PERMITTED USES:
The following uses shall be permitted:
Single-family residential dwellings.
Two-family residential dwellings.
Type 1 employee housing unit, as further regulated by chapter 13 of this
title.
Type /l employee housing unit, as further regulated by chapter 13 of
this title.
12-6D-3: CONDITIONAL USES:
The following conditional uses shall be permitted, subject to issuance of a
condrtional use permit in accordance with the provisions of chapter 96 of this title:
Bed and breakfast as further regulated by Section 12-14-18 of this title.
Home child daycare facility as further regulated by section 12-14-12 of this
title.
Public buildings, grounds and facilities.
Pubiic or private schoois.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
4
12-13-4: REQUIREMENTS BY EMPLOYEE HOUSING UNIT(EHU) TYPE
EHU Zoning districts Ownership/ Additional GRFA' Additiona/Site Coverage Garage Parking Minimum/ Density
permitted by right or by Transference /Reduced Landscape Area Credit/Storage Maximum GRFA of
conditional use Requirement an EHU
Type ll Permitted Use: The EHU shall The EHU is n/a Allowed 300 sq.ft. Per Chapter 12-90 as a 300 sq.ft.minimum. Allowed as
Single-Family not be so/d or entitled to an of additional garage dwelling unit 1,200 sq.ft. third unit on
Residential,Two- transferred additional 550 sq. area for the EHU. maximum. property.
Family Residential, separate/y from ft GRFA credit. Does not
Two-Famity the unit it is count as
Primary/Secondary associated with. All units not density.
Residential constructed with a
garage shall be
required a minimum
Conditional Use: 75 sq.ft.of storage
&���, area in addition to
norma/c/oset space.
���� This 75 sq.ft.shall
�,���9, be a credit for
�iesideptiati Agriculture storage only.
&Open Space
. 5
111. BACKGROUND
On March 23, 2003, the Planning and Environmental Commission reviewed the
proposed text amendments and forwarded a recommendation of approval to the Vail
Town Council by a vote of 6-0-0.
On July 1, 2003, the Vail Town Council chose to approve the first reading of an
ordinance to implement the proposed text amendments by a vote of 5-2-0 (Diana
Donovan and Bill Jewitt opposed). On July 15, 2003, and again on October 17, 2003,
the Town Council tabled the second reading of this ordinance to an indefinite date.
Before approving the second reading, the Town Council first want to await the outcome
of the on-going gross residential floor area (GRFA) amendment discussions (which were
not approved until August of 2004) and other broader employee housing topics such as
deed restriction compliance enforcement.
IV. APPLICABLE PLANNING DOCUMENTS
Town of Vail Zoninq Requlations (Title 12, Vail Town Code)
Chapter 12-1: Title, Purpose and Applicability
12-1-2: Purpose
A. General: These regulations are enacted for the purpose of promoting the
health, safety, morals, and general welfare of the Town, and to promote the
coordinated and harmonious development of the Town in a manner that will
conserve and enhance its natural environment and its established character as a
resort and residential community of high quality.
Article 12-6B: Single-Family Residential (SFR) district
12-68-1: PURPOSE:
The single-family residential district is intended to provide sites for low density
single-family residential uses, together with such public facilities as may be
appropriately located in the same district. The single-family residential district is
intended to ensure adequate light, air, privacy and open space for each dwelling,
commensurate with single-family occupancy, and to maintain the desirable
residential qualities of such sites by establishing appropriate site development
' standards.
Article 12-6C: Two-Family Residential (R) district
92-6C-1: PURPOSE:
The two-family residential district is intended to provide sites for low density
single family or two-family residential uses, together with such public facilities as
may be appropriately located in the same district. The two-family residential
district is intended to ensure adequate light, air, privacy and open space for each
dwelling, commensurate with single-family and two-family occupancy, and to
maintain the desirable residential qualities of such sites by establishing
appropriate site development standards.
6
Article 12-6D: Two-Family Primary/Secondary Residential (P/S) district
12-6D-1: PURPOSE:
The two-family primary/secondary residential districf is intended to provide sites
for single-family residential uses or twafamily residential uses in which one unit
is a larger primary residence and the second unit is a smaller caretaker
apartment, together with such public facilities as may appropriately be located in
the same district. The two-family primary/secondary residential district is intended
to ensure adequate light, air, privacy and open space for each dwelling,
commensurate with single-family and two-family occupancy, and to maintain the
desirable residential qualities of such sites by establishing appropriate site
development standards.
Chapter 12-13: Employee Housing
12-13-1: PURPOSE:
The Town's economy is largely tourist based and the health of this economy is
premised on exemplary service for Vail's guests. Vail's ability to provrde such
service is dependent upon a strong, hrgh quality and consistently available work
force. To achieve such a work force, the community must work to provide quality
living and working conditions. Availability and affordability of housing plays a
crrtrcal role in creating quality living and working conditions for the community's
work force. The Town recognizes a permanent, year-round population plays an
important role in sustaining a healthy, viable community. Further, the Town
recognizes its role in conjunction with the private sector in ensuring housing is
available. The Town Council may pursue additional incentives administratively to
encourage the development of employee housing units. These incentives may
include, but are not limited to, cash vouchers, fee waivers, tax abatement and in-
kind services to owners and creators of employee housing units. The Town or the
Town's designee may maintain a registry and create lists of all deed restricted
housing units created in the Town to assist employers and those seeking
housing.
Town of Vail Land Use Plan
Chapter II: Land Use Plan Goals/Policies
5.3 Affordable employee housing should be made available through private
efforts, assisted by limited incentives, provided by the Town of Vail, with
appropriafe restrictions.
5.5 The existing employee housing base should be preserved and upgraded.
Additional employee housing needs should be accommodated at varied sties
throughout the community.
7
V. CRITERIA FOR REVIEW
The review criteria and factors for consideration for a request of a text amendment are
established in accordance with the provisions of Chapter 12-3, Vail Town Code.
1. The extent to which the text amendment furthers the general and specific
purposes of the Zoning Regulations; and,
The proposed text amendments do not alter the existing development standards
and/or criteria for review for Type II EHUs, but simply shift the burden of reView
and approval of Type II EHU applications from the Planning and Environmental
Commission to Town Staff. Therefore, Staff believes that the proposed text
amendments will create a more efficient development review process for Type II
EHUs, and therefore further'the general and specific purposes of the Zoning
Regulations, Employee Housing chapter, and the Single-Family Residential,
Two- Famify Residential, and Two-Family Primary/Secondary Residential
districts, as noted in Section V of this memorandum.
2. The extent to which the text amendment would better implement and better
achieve the applicable elements of the adopted goals, objectives, and
policies outlined in the Vail Comprehensive Plan and is compatible with
the development objectives of the Town; and,
Staff believes that the proposed text amendments will create a more efficient
development review process for Type II EHUs thus furthering the purpose, intent,
and objectives of the Vail Comprehensive Plan and the development objectives
of the Town. Staff also believes that the proposed text amendments specifically
conform to the goals 5.3 and 5.5 of the Town of Vail Land Use Plan, as noted in
Section IV of this memorandum.
As a permitted use, any proposed Type II EHU will be reviewed by the Town
Staff for compliance with the same development standards (setbacks, GRFA, site
coverage, landscape area, parking, etc.) and design guidelines as they are
currently reviewed as a conditional use. As a permitted use, any proposed Type
II EHU will also be subject to the same deed restriction requirements as they
currently subject to as a conditional use.
3. The extent to which the text amendment demonstrates how conditions
have substantially changed since the adoption of the subject regulation
and how the existing regulation is no longer appropriate or is inapplicable;
and,
To the best of Staff's knowledge, of the approximatety 24 Type II EHU
applications reviewed by the Planning and Environmental Commission since
1994, only one application has been denied.
4. The extent to which the text amendment provides a harmonious,
convenient, workable relationship among land use regulations consistent
with municipal development objectives; and,
8
Since the proposed text amendments do not alter the existing development
standards and/or criteria for review for Type II EHUs, Staff believes that the
proposed text amendments provide a harmonious, convenient, workable
relationship among land use regulations that are consistent with the Town of Vail
master plans and development objectives. Staff also believes that the proposed
text amendments will create a more efficient development review process for
Type II EHUs thus furthering the purpose, intent, and objectives of the
regulations.
5. Such other factors and criteria the Commission and/or Councii deems
applicable to the proposed text amendment.
Nina Timm, Town of Vail Housing Coordinator, on behalf of the Vail Local
Housing Authority, is supporting these proposed text amendments.
VI. STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and
Environmental Commission forwards a recommendation of approval for the proposed
text amendment to the Vail Town Council. Staff's recommendation is based upon the
review of the criteria found in Section IV of this memorandum and the evidence and
testimony presented.
Should the Planning and Environmental Commission choose to forward a
recommendation of approval; the Community Development Department recommends
the Commission pass fhe following motion:
"The Planning and Environmental Commission forwards a recommendation of
approval to the Vail Town Council for the proposed text amendments to Sections
12-68-2, 12-68-3, 12-6C-2, 12-6C-3, 12-6D-2, 12-6D-3, 12-13-4, Vail Town Code,
to allow a Type ll employee housing unit as a permitted use, and to eliminate a
Type ll employee housing unit as a conditional use, in the Single-Family
Residential, Two-Family Residential, and Two-Family Primary/Secondary
Residential districts, and setting forth details in regard thereto.
Should the Planning and Environmental Commission choose to approve the amended
final plat, the Community Development Department recommends the Commission
makes the following findings:
"The Planning and Environmental Commission finds:
1. That the amendment is consistent with the adopted goals, objectives and
policies outlined in the Vail Comprehensive Plan and is compatible with the
development objectives of fhe Town, based upon the review outlined in
Section VI of the Staff's August 13, 2007, memorandum to the Planning and
Environmental Commission.
2. That the amendment furthers the general and specific purposes of the zoning
regulations, based upon the review outlined in Section VI of the Staff's
August 93, 2007, memorandum to the Planning and Environmenta!
Commission.
9
3. That fhe amendment promates ffre health, safety, morals, and general
welfare of the fown and promotes the coordinated and harmonious
development of the town rn manner that conserves and enhances its natural
environment and its established character as a resort and residential
community of the highest quality, based upon the review outlined in Section
VI of the Staff's Augusf 13, 2007, memorandum to the Planning and
Environmental Commission.
VII. ATTACHMENTS
A. Public Notice
10
- Attachment A
„
TOWN OF YAIL �i
THIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the
Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town
Code, on August 13, 2007, at 1:00 pm in the Town of Vail Municipal Building, in
consideration of:
A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-
7, Amendment, Vail Town Code, for proposed text amendments to Sections 12-6B-2,
12-6B-3, 12-6C-2, 12-6C-3, 12-6D-2, 12-6D-3, 12-13-4, Vail Town Code, to allow a Type
II employee housing unit as a permitted use, and to eliminate a Type II employee
housing unit as a conditional use, in the Single-Family Residential (SFR), Two-Family
Residential (R), and Two-Family Primary/Secondary Residential (PS) districts, and
setting forth details in regard thereto. (PEC07-0042)
Applicant: Town of Vail
Planner: Bill Gibson/Nina Timm
A request for a final review of an amended final plat, pursuant to Chapter 13-12,
Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to a
shared property boundary, located at 3816 and 3826 Lupine Drive/Lots 8 and 9, Bighorn
Subdivision 2"d Addition, and setting forth details in regard thereto. (PEC07-0045)
Applicant: June Frazier
Planner: Bill Gibson
A request for a final review of an exterior alteration or modification, pursuant to Section
12-7B-7, Exterior Alterations or Modifications, Vail Town Code, to allow for an exterior
renovation and the remodel of the third floor residence, located at 201 Gore Creek Drive
(Bell Tower Building)/Lot A, Block 5B, Vail Village Filing 1, and setting forth details in
regard thereto. (PEC07-0046)
Applicant: Bell Tower Partners, Ltd., represented by VAG, Inc., Architects and
Planners
Planner: Scot Hunn
A request for a final review of a conditional use permit, pursuant to Section 12-6D-3,
Conditional Uses, Vail Town Code, to allow for the construction of a Type II Employee
Housing Unit, in association with the construction of a new residence, located at 1107
and 1109 Vail Valley Drive/Lots 7 and 8, Block 6, Vail Village Filing 7, and setting forth
details in regard thereto. (PEC07-0047)
Applicant: Donna Giordano, represented by VAG, Inc., Architects and Planners
Planner: Bill Gibson
A request for a final review of an exterior alteration, pursuant to Section 12-7B-7,
Exterior Alterations or Modifications, Vail Town Code, to allow for the addition of bay
windows, located at 201 Gore Creek Drive (Bell Tower Building)/Lot A, Block 5B, Vail
Village Filing 1, and setting forth details in regard thereto. (PEC07-0048)
Applicant: Herman Staufer, represented by VAG, Inc., Architects and Planners
Planner: Bill Gibson
Page 1
A request for a final review of a floodplain modification, pursuant to Chapter 14-6,
Grading Standards, Vail Town Code, to allow for improvements to an approximately two-
mile length of the Gore Valley Trail, from Sunburst Drive to Bighorn Road, and a
conditional use permit, pursuant to Section 12-8-C3, Conditional Uses, Vail Town Code,
to allow for the relocation of a paved, non-motorized bicycle path and pedestrian
walkway, located on Tract A, Vail Valley Filing 4 and unplatted properties, (a complete
legal description is available for inspection at the Town of Vail Community Development
Department), and setting forth details in regard thereto. (PEC07-0049)
Applicant: Town of Vail, represented by Gregg Barrie
Planner: Scot Hunn
The applications and information about the proposals are available for public inspection
during office hours at the Town of Vail Community Development Department, 75 South
Frontage Road. The public is invited to attend project orientation and the site visits that
precede the public hearing in the Town of Vail Community Development Department.
Please call 970-479-2138 for additional information.
Sign language interpretation is available upon request, with 24-hour notification. Please
call 970-479-2356, Telephone for the Hearing Impaired, for information.
Published July 25, 2007, in the Vail Daily.
Page 2
ORDINANCE NO. 26
Series of 2007
AN ORDINANCE APPROViNG THE SALE OF PROPERTY IN THE TOWN OF
VAIL DESCRIBED AS UNIT 11, VAIL HEIGHTS CONDOMINIUM, ALSO
KNOWN AS 2079 CHAMONIX LANE, VAIL, COLORADO 81657; AND
SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and
State of Colorado is a home rule municipal corporation duly organized and
existing under the laws of the State of Colorado and the Town Charter (the
"Charter"); and �
WHEREAS, the members of the Town Council of the Town (the "Council")
have been duly elected and qualified; and
WHEREAS, the On May 29, 2007, the Town of Vail purchased real
property described as Condominium Unit 11, Vail Heights Condominiums,
according to the condominium map thereof recorded May 15, 1973, in book 229
at page 132 and as defined in Condominium Declaration recorded May 15, 1973,
in book 229 at page 131, County of Eagle, State of Colorado (the "Property");
and
WHEREAS, the Property was purchased for$280,000.00 with the purpose
of adding inventory to the Town's housing stock for its employee�, and it is
intended to be sold with an approved deed restriction, at a deed restricted price
of$174,500.00.
NOW, THEREFORE, BE IT ORDAiNED BY THE TOWN COUNCIL OF
THE TOWN OF VAIL, COLORADO, THAT:
Ordinance No.26,Series 2007
Section 1. The sale of the Property is hereby approved by the Council at the
deed restricted price of $174,500.00. The Town Manager and Town staff are
hereby authorized to execute, on behaif of the Town, an agreement to sell the
Property and to take whatever steps are necessary to complete the sale of the
Property.
Section 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 effect the
vaiidity of the remaining portions of this ordinance; and the Town Council hereby
declares it would have passed this ordinance, and each part, section, subsection,
sentence, clause or phrase thereof, regardless of the fact that any one or more
parts, sections, subsections, sentences, clauses or phrases be declared invalid.
Section 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.
INTRODUCED, READ ON FIRST READING, APPf20VED, AND
ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21St day of
August, 2007, and a public hearing for second reading of this Ordinance set for
the 4th day of September, 2007, at 6:00 P.M. in the Council Chambers of the Vail
Municipal Building, Vail, Colorada
Rodney E. Slifer, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No.26,Series 2007
MEMORANDUM
To: Vail Town Council
From: Stan Zemler, Matt Mire, Judy Camp
Date: August 2, 2007
Subject: Use Tax on Building and Construction Materials
On Tuesday evening, you will be asked to consider Resolution No. 19, Series 2007, a
resolution submitting to the registered electors of the Town�of Vail, Colorado, at a regular
municipal election held on November 6, 2007, a ballot issue concerning tlie adoption of a
use tax to finance capital projects and acquisitions; and providing other details relating
thereto.
Your approval of this resolution is the first step in placing a construction use tax on the
ballot. If a majority of the votes cast in the November election are in favor of the use tax,
the Town Council will be authorized to adopt an ordinance levying the tax and providing
far the administration and collection of the tax. The Taxpayers Bill of Rights (TABOR)
requires voter approval for any new tax including the proposed construction use tax.
The following information is provided for your consideration.
BACKGROUND AND RATIONALE
During the past three budget cycles, a 15-year capital plan has been included in addition � �
to the five-year projections far the Capital Projects and Real Estate Transfer Tax (RETT)
Funds. These planning processes are designed: to maintain the town's valuable existing
facilities; and to identify projects needed to keep pace with private development and
other community needs. Each year we have concluded existing sources of revenue are
not sufficient to support the town's critical capital needs through 2008.
The Vail 20/20 Strategic Plan, which included input on this topic from the community
and the Vail Economic Advisory Council, also supports this conclusion. The vision for
Vail's economy in 2020 includes, "Through prudent cost management and balancing of
diversified revenue sources, the municipality has sustainable funding for its capital and
operational needs. One goal of the plan is to identify and implement additional revenue
sources to support Vail's capital needs.
The 2007 Community Survey also included the following capital-related items in the top
10 issues facing the town: workforce housing; construction and/or maintenance of public
infrastructure; improving recreational facilities; and improving fire response time (e.g.
through a third fire station). � �
The primary sources of revenue for capital projects include: sales tax; real estate transfer
tax (RETT); federal transportation grants; rental income; investment income, and tax
increment ��financing (TIF). Two revenue categories, sales tax and RETT, support
operations as well as capital projects. RETT is restricted in its use to parks, recreation,
open space, and environmental sustainability. TIF is restricted to projects within an
established TIF district. The LionsHead TIF district is the only one established at this �
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�
,
point; however, consideration was given to other TIF districts in the five and 15-year �
plans.
A use tax on construction and building materials was discussed as early as 1998. In
2002, use tax was again discussed as a potential ballot issue, but a property tax question �
was chosen instead. The proposed 4 inil property tax increase for the purposes of
"increasing fire protection and suppression resources and the construction, acquisition, or �
maintenance of capital projects"was narrowly defeated(48% for/ 52% against).
Currently, building and construction materials are exempted from the 4% sales tax
applied to all other tangible personal property purchased in town or delivered into town.
And since the town does not have a construction use tax, no municipal tax is collected on
building and construction material purchased and/or used in Vail for any project with a
building permit. A 4% tax on buildin� materials used in the town would have generated �
an estimated $2 million in 2005; $4 million in 2006; and $7 million in 2007. In 2008, a
4% use tax has the potential to generate an estimated $4 million. This revenue is lost
� forever if the ballot issue is delayed to a future year.
A use tax would address, at least in part, the ever-widening gap for funding of�capital
projects. The Capital Project Fund projection presented to you on August 7tb included a
$25.8 million shortfall over five years after giving consideration to existing revenue
sources, including TIF. A use tax on construction material generating $4 to $5 million
annually would essentially close the gap. Bonding against $4 million of annual use tax
revenue could provide an estimated$40 million of funding for capital projects.
A construction use tax would also provide diversification of the town's revenue as
described in the Vail 20/ZOVision. For example, sales tax revenue represents an
estimated 38% of the town's revenue from existing sources in 2008. Addition of $4.1
million from a construction use tax reduces reliance on sales tax to 35% of total revenue
� from all sources. Use tax may also offset a loss of sales tax revenue from construction
activity.
� Building and construction materials are the only major category of tangible personal
property specifically exempted from the Town of Vail's sales tax ordinance. A use tax
� would be complementary to the sales tax and provide consistent treatment among all
categories of tangible personal property purchased or used in Vail.
STAFF RECOMMENDATION:
Staff recommends approval of Resolution No. 19, placing a construction use tax question
� on the November ballot and enabling the electorate to cast their vote for or against this �
source of funding for the town's capital projects.
_2_
CONSTRUCTION USE TAX OUESTIONS AND ANSWERS
What is a use tax?
Generally, a use tax is levied on the privilege of using or otherwise consuming tangible
personal property within a city or county for which no sales or use tax has been
previously paid. It is considered complementary to a sales tax, and is applied regardless
of where the property was purchased. For example, if the town levied a use tax on
construction material, a contractor purchasing material for his job from an out-of-state
supplier could be assessed a use tax by the Town of VaiL
A use tax may be applied generally to all tangible personal property used or consumed
within a municipality or its application may be limited to vehicles and/or construction
and building materials.
The proposed use tax currently under discussion for the Town of Vail is limited to
construction and building materials. �
How common is a use tax?
Over half the incorporated municipalities and counties in Colorado levy a use tax and the
concept is well-supported by legislation and case law in Colorado. Examples of
municipalities with use taX �on building materials include Broomfield, Denver, Eagle,
Glenwood Springs, Grand Junction, Gypsum, Lakewood, Mountain Village, and
Steamboat Springs. � �
How is a construction use tax authorized and implemented? � �
Colorado statutes authorize use taxes on construction materials and on vehicles used �
within the municipality or county imposing the tax. Since implementing a construction
use tax is a change in tax policy and increases revenue, it�must be approved by the town's
electorate in a TABOR election. Administrative details, such as how and when the tax is �
paid and what specific exemptions may apply, are def ned by ordinance. The following
table identifies key dates for the Town of Vail's proposed construction use tax:
08/07/07 Council discussion of key elements of proposed use tax and review of
draft ballot language
08/21/07 Latest date for Council consideration of a resolution to place a
construction use tax question on the November ballot
09/21/07 Last day for Pro/Con statements to be filed with Town Clerk
10/OS/07 Last day to mail TABOR ballot issue notices
11/06/07 Election day �
11/20/07 First reading of use tax implementation ordinance, if approved by voters
12/04/07 Second reading of use tax implementation ordinance, if approved by
voters
12/18/07 Council meeting—back-up date for ordinance reading if needed
O1/O1/08 Effective date of tax � �
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I
What has been the experience in other communities with use tax ballot issues?
In April, 2007, Georgetown's electorate approved an extension of their 3% use tax on
� vehicles to include construction and building materials. The 3% rate is the same as
Georgetown's sales tax rate. �
� In 1995, Gypsum passed a 3% use tax on residential construction and�building material
with 20% directed to administration and 80% directed to roads. The use tax is one
percentage point lower than Gypsum's 4% sales tax.
In 1998, Eagle passed a 4% use tax on construction and building materials for capital �
projects. Eagle's sales tax and use tax are the same rate.
� Avon's 2002 building materials use tax ballot was defeated. The proposed rate was 4%,
which is the same as Avon's sales tax.
Breckenridge's 1998 use tax ballot was defeated. The proposed 2.5% rate was the same
as Breckenridge's sales tax rate. �
Aspen is considering a use tax ballot for this November's election.
Must the use taac rate be the same as the sales taX rate? � �
No, use tax rates are sometimes�lower than the sales tax rate.
What is meant by"construction materials?"
The Vail Town Code defines construction materials as "Tangible personal property
� which, when combined with other tangible personal property, loses its identity to become �
an integral and inseparable part of a complete structure or project including public and
private improvements. Construction materials include, but are not limited to, such things
as asphalt, bricks, builder's hardware, caulking material, cement, concrete, conduit,
electric wiring and connections, � fireplace inserts, electrical heating and cooling
equipment, floorin�, glass, gravel, insulation, lathe, lead, line, lumber, macadam �
millwork, mortar, oil, paint, piping, pipe valves, and pipe fittings, plaster, plumbing
fixtures, putty, reinfarcing mesh, road base, roofing, sand, sanitary sewer pipe, sheet
� metal, site lighting, steel, stone, stucco, ti1e, trees, shrubs, and other landscaping
materials, wallboard, wall coping, wallpaper,�weather stripping, wire netting, and screen,
water mains and meters, and wood preserver. The above materials, when used for forms,
or other items which do not remain as an integral or inseparable part of a completed
� structure or project are not construction materials. Construction materials do not include
such things as: carpeting, equipment, furniture, removable fixtures, window coverings, or
similar items." �
If the Town already has a sales tax, why do we need a use tax on construction
materials?
Construction and building materials as defined above are exempt from the town's sales
tax as long as the purchaser has obtained a building permit and provides the retailer
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selling him the material the permit number. Therefore, construction material is currently
� a category of tangible personal property upon which no�tax is collected in the Town of
Vail.
As discussed below, building materials picked up at a supplier in another city or town are
currently subject to that town's sales tax. If Vail had a use tax collected at the time the �
building permit is issued, the tax dollars related to the purchase would benefit Vail rather �
than the other locale.
� Also, a use tax on construction material may be counter-cyclical to the town's general
sales tax, i.e., if sales tax is negatively impacted by construction, the use tax is in place to
offset it during the construction period.
How is a construction use tax collected?
The simplest way to collect a construction use tax is to collect the entire amount at the
time the building permit is issued. � �
How is the amount of use tax determined?
The use tax amount is determined by multiplying the use tax rate by the cost of the
� building material. When collected at the time the building permit is issued, the estimated
cost of building and construction materials is generally calculated by multiplying by fifty �
percent the total valuation of the construction project as entered on the building permit by �
the town building inspector.
What if the builder/developer thinks the estimated value is too high or the town
thinks the estimated value is too low?
Use tax ordinances generally provide for an audit of the taxable value by either party Y
within a reasonable period after construction is complete. Interest on any refund or
deficiency is generally computed from the day the certificate of occupancy is issued. �
What if a builder/developer purchases material for use in Vail from a supplier in a
town that has a sales tax? Will he/she be subject to double taxation?
No. If the materials are delivered to Vail, the seller does not collect sales tax for the town
or city where he/she is located, and only Vail's proposed use tax would apply. �If the
seller is located in Eagle County, he is required to collect Eagle County's 1.5% sales tax.
� If he is located in Colorado, he is required to collect the state's 2.9% sales tax. �
If the purchaser picks up the material from a seller located in a town or city with a sales
tax, the materials are generally exempt from the local sales tax if the purchaser presents
to the seller a building permit or other documentation acceptable to the local government
where the purchase takes place, showing that a use tax�has been paid. This is required
by state statute for both statutory and home rule municipalities. (Colorado Revised �
Statutes, Title 29)
Colorado state statute also prohibits local jurisdictions from collecting a use taX on
materials for which a legally imposed tax has already been collected by another city or
-s-
town. If the sales tax collected was less than the use tax required, only the incremental
amount of the use tax may be collected. �
Will the proposed tax add to the builder/developer's project cost? If so, how much?
In most cases, a use tax would result in additional cost to the purchaser of building
materials for use in Vail. The additional amount depends upon the rate of the tax and
how the builder is currently taking delivery on materials. For example, if the builder is
currently picking up materials in Avon, a 4% sales tax is paid to the Town of Avon. If
Vail had a 4% use tax on construction materials, he/she would still pay 4%, but would
pay it to Vail as a use tax at the time a building permit is issued. He/she would not be
required to pay the Avon sales tax. (Reference Avon Town Code 3.08.320) �
Continuing with Avon as an example, if the builder is doing business in Vail and having
inaterials shipped to Vail, the materials are exempt from Avon's 4% sales tax because the
point of delivery is outside the Town of Avon. (Reference Avon Town Code 3.08.040)
� � The materials are also exempt from Vail's 4% sales tax if the purchaser presents a
building permit number to the supplier delivering the material. Therefore, in the situation
where construction and building materials are delivered into Vail for a project
constructed under a building permit, a 4% use tax would increase the builder's cost by
approximately 2% of his total project valuation, representing a 4% use tax on the value of
material, which is estimated at 50% of project valuation. �
How much revenue would a construction use tax generate for the Town of Vail?
The amount generated would be dependent upon the tax rate assessed and the valuation
of building permits issued in any given year. A 4% tax on building materials used in the
town would have generated an estimated $2 million in 2005; $4 million in 2006; and $7 � �
million in 2007.
What would the revenue from a construction use tiax be used for?
A use tax can be used for any legitimate governmental purpose including capital �
expenditures and operating expenses. Vail's proposed ballot question specifies the tax
would be used exclusively for capital acquisitions and capital projects within the Town of
VaiL
Are any organizations exempt from use tax?
Organizational exempt�ions vary by taxing jurisdiction. Staff recommends the Town of
Vail provide the same organizational exemptions for use tax as are currently defined in
the town's sales tax c,ode: a. The United State government, the state, its departments and
institutions, and the political subdivisions thereof in their governmental capacities only; �
b. ch�ritable organizations in the conduct of their regular charitable functions and
activities; and c. schools, other than schools held or conducted for private or corporate
profit.
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What considerations can be given to developers/builders who have already
determined their project costs, but not yet received a building permit?
Town Council could include a provision in the implementation ardinance to rebate or
exempt from use tax any projects whose development application is approved prior to the
effective date of the tax. The development application approval is recommended as the
key date because it marks the point at which the developer has vested rights to construct
the project in accordance with the approved plan. Development of construction drawings
and bidding of costs take place after development plan approval.
�Vhat relief can be given to developers/builders who are constructing work force
housing?
Similarly, Town Council could include a provision to rebate the use tax collected on
materials used to build workforce housing. Lon�nont and Fort Collins have ordinances
including this provision.
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RESOLUTION NO. 19
SERIES 2007
A RESOLUTION SUBMITTING TO THE REGISTERED
ELECTORS OF THE TOWN OF VAIL, COLORADO, AT A
REGULAR MUNICIPAL ELECTION HELD ON
NOVEMBER 6, 2007,A BALLOT ISSUE CONCERNING THE
ADOPTION OF A USE TAX TO FINANCE CAPITAL
PROJECTS AND ACQUISITIONS; AND PROVIDING
OTHER DETAILS RELATING THERETO.
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the
"Town"), is a home rule municipal corporation duly organized and existing under laws of
the State of Colorado (the"State") and the Town Charter(the"Charter"); and
WHEREAS, the members of the Town Council of the Town (the "Council") have
been duly elected and qualified; and
WHEREAS, the Council hereby finds and determines that it is in the public
interest to adopt a four percent(4%)use tax in the Town on the privilege of storing, using
and/or consuming any construction and/or building materials purchased at retail inside or
outside of the Town; and
WHEREAS, Article X, Section 20 of the Colorado Constitution, also referred to
as the Taxpayer's Bill of Rights ("TABOR"), requires voter approval for any new tax,
any increase in any tax rate, the creation of any debt, and the spending of certain funds
above limits established by TABOR; and
WHEREAS, TABOR requires the Town to submit ballot issues (as defined in
TABOR) to the Town's electors on limited election days before action can be taken on
such ballot issues; and
WHEREAS, the Town will hold its regular municipal election on November 6,
2007 (the"Election"); and
WHEREAS, November 6, 2007, is one of the election dates at which ballot issues
may be submitted to the Town's electors pursuant to TABOR; and
WHEREAS, pursuant to Section 2.3 of the Charter, the Council hereby
determines that the Election shall be held and conducted as a polling place election in
accordance with Article 10 of Title 31, Colorado Revised Statutes ("C.R.S.") (the
"Municipal Election Code"); and
WHEREAS, the Council is of the opinion that the Town should seek voter
approval to increase taxes for the purpose provided in this resolution; and
WHEREAS, it is necessary to set forth certain procedures concerning the conduct
of the Election.
Resolution No. 19,Series 2007
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO:
Section 1. Unless otherwise defined herein, all terms used herein shall
have the meanings defined in TABOR and in Section 31-10-102, C.R.S.
Section 2. Pursuant to Section 31-10-105, C.R.S. and Section 2.5 of
the Charter, the Election Commission of the Town shall perform all acts required or
permitted by law in connection with the Election, which Election shall be held and
conducted as an independent polling place election.
Section 3. Pursuant to the applicable laws of the State and the Charter,
the Council hereby determines that the following ballot issue is hereby referred to the
registered electors of the Town and shall appear on the ballot of the Town of Vail,
Colorado, at the Election:
SHALL THE TOWN OF VAIL'S TAXES BE INCREASED BY $4,000,000 IN FISCAL
YEAR 2008 AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED
ANNUALLY THEREAFTER THROUGH THE ADOPTION OF A USE TAX ON THE
PRIVILEGE OF STORING, USING AND/OR CONSUMING IN THE TOWN OF
VAIL ANY CONSTRUCTION AND/OR BUILDING MATERIALS PURCHASED AT
RETAIL INSIDE OR OUTSIDE THE TOWN, AT THE RATE OF FOUR PERCENT
(4%) OF THE RETAIL COST OF SUCH MATERIALS AND SHALL THE TOWN BE
AUTHORIZED TO COLLECT AND SPEND SUCH REVENUES, iNCLUDING ANY
INTEREST AND INVESTMENT INCOME THEREON, EXCLUSIVELY FOR
CAPITAL ACQUISITIONS AND CAPITAL PROJECTS IN THE TOWN OF VAIL AS
A VOTER APPROVED REVENUE CHANGE NOTWITHSTANDING ANY
REVENUE OR EXPENDITURE LIMITATION, INCLUDING THOSE CONTAINED
IN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION?
Section 4. If a majority of the votes cast on the question to levy a use
t� submitted at the Election shall be in favor of issuance of the levy of the use tax as
provided in such question,the effective date of said tax shall be January 1, 2008, and the
Town, acting through the Council, shall be authorized to adopt an ordinance levying the
tax in accordance with such question and to provide for the administration and collection
of the tax. Any authority to levy the use tax, if conferred by the results of the Election,
shall be deemed and considered a continuing authority to levy the t� so authorized at
any one time, or from time to time, and neither the partial exercise of the authority so
conferred, nor any lapse of time, shall be considered as exhausting or limiting the full
authority so conferred.
Section 5. 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.
Section 6. All actions heretofore taken (not inconsistent with the
provisions of this resolution) by the Town and the officers thereof, directed towards the
Resolution No. 19,Series 2007
Election and the objects and purposes herein stated are hereby ratified, approved and
confirmed.
Section 7. 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 in no manner affect
any remaining provisions of this resolution,the intent being that the same are severable.
Section 8. All resolutions or parts of resolutions inconsistent herewith
are hereby repealed to the extent only of such inconsistency. This repealer shall not be
construed to reviv�any resolution or part of any resolution heretofore repealed.
1NTRODUCED, READ, APPROVED AND ADOPTED this August 21, 2007.
Rodney E. Slifer, Mayor
(SEAL)
ATTEST:
Lorelei Donaldson, Town Clerk
Resolution No. 19,Series 2007
STATE OF COLORADO )
)
COUNTY OF EAGLE )SS.
)
TOWN OF VAIL )
I, the Town Clerk of the Town of Vail, Colorado, do hereby certify that:
1. The foregoing pages are a true, perfect and complete copy of a
resolution (the "Resolution") passed and adopted by the Town Council (the "Council")
constituting the governing board of the Town of Vail, Colorado (the "Town"), at a
regular meeting of the Town held at the Town Hall on August 21, 2007, convening at the
hour of 6:00 p.m. as recorded in the regular book of official records of the proceedings of
said Town of Vail kept in my office.
2. The Resolution was duly moved and seconded and the Resolution
was adopted at the meeting of August 21, 2007, by an affirmative vote of a majority of
the members of the Council as follows:
Name "Yes" "No" Absent Abstain
Rod Slifer
Kevin Foley
Mark Gordon
Kim Newbury
Kent Logan
Greg Moffet
Farrow Hitt
3. The members of the Council were present at such meeting and
voted on the passage of such Resolution as set forth above.
Resolution No. 19,Series 2007
4. The Resolution was approved and authenticated by the signature of
the Mayor, sealed with the Town seal, attested by the Town Clerk and recorded in the
minutes of the CounciL
5. 'There are no bylaws, rules or regulations of the Council which
might prohibit the adoption of said Resolution.
6. The notice of the meeting of August 21, 2007, in the form attached
hereto as Exhibit A, was posted at the Town Hall, not less than 24 hours prior to the
meeting in accordance with law.
WITNESS my hand and the seal of said Town affixed this August 21,
2007.
Town Clerk
(SEAL)
Resolution No. 19,Series 2007
EXHIBIT A
(Attach Form of Meeting Notice)
Resolution No. 19,Series 2007