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HomeMy WebLinkAbout2001-03-27 Support Documentation Town Council Work Session VAIL TOWN COUNCIL WORK SESSION TUESDAY, March 27, 2001 NOTE: Time of items is approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. VAIL VILLAGE WALK-ABOUT 11:30 A.M. PAZZO'S PIZZERIA 000NCIL CHAMBERS 1:00 P.M. 1. ITEM/TOPIC: Special Events Process. (45 min.) Pam Brandmeyer BACKGROUND RATIONALE: Council will find the following attachments to this agenda item, to include: - Summary of Special Events Progress Report - Special Events Producers Position Paper and Request for Action - Matrix of Other Resort Communities Surveyed - Summary of Vail's Three Major Event Producers "Cost of Event" vs. "Town of Vail Share" - Section 5-1-7(H) Amplified Sounds - Section 11-413-5 Flags, Pennants, Banners and Bunting Staff is looking for direction on a variety of issues, the first of which will begin with potential changes to ordinances: 1. Amplified Sound Ordinance, Section 5-1-7(H) Staff has been monitoring the weekly StreetBeat concerts and has obtained 100' readings varying from 67dB to the high 80s, with the majority in the latter category. STAFF RECOMMENDATION: Modify the current Amplified Sounds Ordinance to allow up to 90dB's for special event outdoor events only. 2. Flags, Pennants, Banners and Bunting, Section 11-413-5 With the advent of "multiple events" occurring throughout most of the high winter and high summer seasons, it has become increasingly more difficult to determine, even on a first-come, first-served basis, what events can be advertised by banner in our two official locations. STAFF RECOMMENDATION: Modify the current Flags, Pennants, Banners and Bunting ordinance to allow the following: a. "Pennant poles" at multiple locations throughout the Village and LionsHead. Each uniform pole would hold up to four vertical pennants (double-sided), and the poles would be located at a variety of locations to allow prime exposure to all major special events, e.g., in the Village: Slifer Square, Bridge and Gore, Seibert Circle, the Vista Bahn, Hansen Ranch Road, Checkpoint Charlie, to name a few. In LionsHead: Skier Sculpture, stairs to the Kaltenberg, Popcorn Wagon Plaza, Sundial Plaza; and both parking structure entrances. b. The current two official banner locations (Bridge and Gore in the Village and the entry to the LionsHead Mall) would remain; however, digital renderings will be presented suggesting poles to be placed on public right-of-way. Placing and replacing banners has become a difficult, expensive, and non-efficient project because both accesses are through private property (Gasthof Gramshammer and Gorsuch). In order to provide greater equity in change-out of this prime sponsor location, it is staff recommendation that poles be placed on public property. Other issues on which staff would like Council direction are (please see "Special Event Producers Position Paper - Request for Action": 3. Vendor Sales STAFF RECOMMENDATION: Merchants, events promoters, and the town equally recognize the importance of special events to this community. The town cannot subsidize special events without the support of sponsorship dollars, as is shown by the "Cost of Event" vs. "TOV share." With the increased sensitivity to merchant concerns, allow events producers to continue to garner hard dollar and marketing support. 4. Merchant Involvement in Events STAFF RECOMMENDATION: Staff recommends endorsement of the Special Event Producers proposition. 5. Recognition of Mountain Events as a Town Event STAFF RECOMMENDATION: If Council agrees on- mountain events draw guests through the commercial core areas and bring visitor numbers to Vail, staff recommends treating these events similarly to town events, e.g., use of pennant poles, staging areas, vehicle placements, booths, and so on. 6. Use of Public Right-of-Way STAFF RECOMMENDATION: The "Object Placement Map" is currently underway, with calculations on occupancy load from the Vail Fire Department due by April 1 st. Review and authorize placement at time of presentation to Council. 7. Sign Code STAFF RECOMMENDATION: Allow "sponsor banners on any public piece of infrastructure as long as the banner does not damage or have the potential to damage" on a case-by- case basis. 8. Line of Credit STAFF RECOMMENDATION: Approve as outlined. 9. Permit Fee STAFF RECOMMENDATION: Authorize staff to move forward on calculating this "tiered" fee schedule. 10. Sponsor Sampling STAFF RECOMMENDATION: Approve as outlined. 2. DRB/PEC Report - (10 min.) George Ruther 3. ITEM/TOPIC: Use of Electric Carts in the town of Vail - Vail Scott Scott Jansen - Vail Mountain Lodge request. (45 min.) Tom Moorhead 4. ITEM:TOPIC: Vail 21, represented by Fritzlen, Allison Ochs Pierce Architects, will present their proposal regarding the "build-to" lines as identified in the Lionshead Master Plan for the proposed redevelopment of Vail 21. (30 min.) 5. Review Council Critical Strategies. (15 min.) 6. Information Update. (10 min.) 7. Council Reports. (10 min.) 8. Other. (10 min.) 9. Executive Session - Contract Discussions with White River Institute. (1 hour) 10. Adjournment. (4:55 P.M.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 4/03/01, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, 4/03/01, BEGINNING AT 7:00 P.M. IN TOV COUNCIL THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 4/10/01, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 4/17/01, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, 4/17/01, BEGINNING AT 7:00 P.M. IN TOV COUNCIL THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 4/24/01, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. Sign language interpretation available upon request with 24-hour notification. Please call 479-2332 voice or 479-2356 TDD for information. COUNCIL FOLLOW-UP [TOPIC QUESTIONS FOLLOWUP f 2001 J 1123/01 PEDESTRIAN BRIDGE (TO THE GREG H.: The load capacity continues to be an issue; Staff is currently getting an updated engineer's rating which is EAST OF THE INTERNATIONAL BRIDGE) is it time to remove the bridge altogether, continue to expected to take a couple months. monitor and control "load", or take steps to buoy up the foundation/support? 1/23/01 NOTIFY PROPERTY OWNERS RUSSELL/GREG M.: Of the following need of repair- The Club-the corner of the building near the entrance has crumbling plaster. Bob will discuss with property owners. Clark's Market - dried out wreaths on wall. 2113/01 VVTCB'S 2002 WINTER GUIDE PAM: Left a voicemail for Kelly Layton Wednesday, Kelly Layton called 3/2/01 to report she'd made a presentation to the 2/14, in re: to whether this is a duplication of a subcommittee for the Vail Chamber and Business Association SYBILL NAVAS fulfillment piece that could be coordinated w/the Vail (VCBA) and felt the reception was positive to work toward Chamber and Business Association's "The Guide." consolidation of the Guide and the VVTCB's piece. The VCBA subcommittee will now schedule another more detailed meeting, at which time the two groups will continue to work through the issues. 2/27/01 ICE DOME TO BOOTH CREEK GREG H./RUSS: Explore possibility of moving ice The foot print takes up not only the area of the 2 courts taken out, but TENNIS COURTS dome to the location of the Booth Creek tennis courts removes the remaining courts. Additional space would be required for an interim year-round location. for locker rooms, restrooms, Zamboni and equipment, in addition to SYBILL NAVAS space for parking. 2/27/01 HOME DAY CARE RUSS/GEORGE: An accusation has been made by Council has requested further discussion based on receipt of Russ's daycare providers that Vail's regulations impede the 3-19-01 memorandum to Council. Through public education of SYBILL NAVAS ability to provide home daycare in Vail. current regulations that allow up to two children per household being currently allowable, additional interest in the community for this purpose may be stirred. LIONSHEAD VIEW CORRIDORS RUSS/ALLISON: Survey "bottom line" on Corridor #1. Diana Donovan Look at Corridor #2 and re-discuss. F:lmcasterlbsalterlagendalfollowupl3-27.01 du March 22, 2001 - Page 1 COUNCIL FOLLOW-UP TOPIC QUESTIONS FOLLOWUP 2 F 001 RED SANDSTONE ROAD @ BROOKTREE GREG H./GREG M./LARRY PARDEE: Residents are Larry Pardee spoke with Toby Brown at CDOT. They will be in Vail in CONDOMINIUMS requesting the middle "yellow line" be re-painted. May or June and will paint 1-70, Frontage Roads and Town streets. Kevin Foley Drivers going downhill are out of their lanes and driving too fast. SNOWSHOE SHUFFLE PAM: Last year Council was provided some "bibs" for Kevin Foley this event. EAST VAIL FIRE STATION AND BEARS JOHN: At Tuesday's evening presentation, Andree Staff will make arrangements to have 1-2 bear-proof containers Bill Andre mentioned the town's East Vail station is one of the installed. first, and also most continuously, "hit" by the bears. BENCH DONATION PROGRAM PAM: How can we guarantee these will not be used for Staff has a call into Aspen but has no follow up at this time. Ludwig Kurz commercial purposes? However, Mike Kloser w/BCRC said all bench locations, text, and plaque designs are subject to approval by the Beaver Creek Resort DRB. Additionally, the "promo" piece states the plaque cannot contain anything of a promotional or advertising purpose. A possible solution would lie in a similar approval through the town's DRB process. F:lmcasterlbsalterlagendalfollowupl3-27-01 du March 22, 2001 - Page 2 VAIL VALLEY VjkVaA TOURISM & CONVENTION BUREAU 100 East Meadow Drive • Suite 34 • Vail, CO 81657 Summary of Special Event Discussions July 2000 - March 2001 Background: At the conclusion of this past summer's event season, the VVTCB made it a priority to work with the Town of Vail, Event Producers and the VCBA to find common ground to streamline special event regulations and conflicts. Timeline: • July 2000: Some concerns regarding special events and their regulations were brought to the attention of the Town of Vail: Some examples were Icicles Sunglasses during the 4th of July and the Inc. 500 Conference • September, 2000: The VVTCB notified Town Council that it wanted to assemble a task force to review special event regulations and the permitting process. • November 2000: The special event task force (consisting of event producers, Town of Vail staff and merchant representatives) assembled to identify areas that needed attention and created sub-committees to look at those specific areas. • Sub-committees • Special Events Permit • Sponsorship Issues • Long-Term Vision • November - March (Every Wednesday): The Special Events Permit sub-committee met every Wednesday to look at various different areas related to special events. The intention of this group was to identify ways to streamline the permitting process. A conclusion was made that the permit needed to be comprehensive with as much detail as possible. Action items that had consensus were: • More long term signage opportunities • Permit fee scale • Merchants can only display their goods directly in front of their store and they must be included in the special event permit. • The event producer may charge the merchant a fee to be included in the special event permit. • Line of credit should be available for local event producers • An increase in the amplified sound level at events as well as better clarification of the measurement process. • On-mountain events should have the opportunity to have sponsorship opportunities in-town (i.e. signage, vehicle placement, booth exhibits) Group Sales Reservations Visitor Services Business Office 1-800-775-8245 1-800-525-3875 (970) 479-1014 (970) 476-1000 FAX (970) 479-2364 FAX (970) 476-6008 FAX (970) 479-7162 FAX (970) 476-6008 Website: www.visitvailvalley.com • E-mail: vvtcb@visitvailvallev.com This group experienced much success until they addressed object placement areas (stages, tents etc.) and temporary vendor/sponsor sales. Consensus could not be reached between the event producers and individual merchants: Merchant's view: • No object may be placed anywhere in the Village that will have an impact on any particular business. • No sponsor can compete with any individual merchant. • No sponsor may sell any good out of his or her booth that competes with a Vail merchant. Event Producer's view: • It is impossible to have special events in the Village cores without having an impact on any particular business. In order to bring people into the Villages, logistical elements, sponsors and entertainment must exist. Sponsors require exhibit areas and entertainment requires stages. Without these basic components, events cannot exist in a professional, world-class manner. • The event producers have agreed to make their best effort to align a signed sponsor, wishing to sell goods, with an existing merchant. In the case that a sponsor would like to sell directly to the event attendees, the event producers believe the Town Staff and the event producers should have the ability to make a judgement decision. This decision should be based on what the sponsor's investment will bring to the community. (i.e. Hard dollars to create a better event, marketing support, more attendees, etc). • February 2001: Special Event Vision Sub-Committee: A group of marketing leaders in the community were assembled to brainstorm on possible strategic directions for special events in the future. The following areas were agreed upon as possible areas for future emphasis: • New emphases on events that have benefit to the business community, but do not necessarily take place in the core. This identified the enormous need for a large scale venue within walking distance of the village cores (i.e. Ford Park, Golden Peak, Soft Ball Fields, Vista Balm, Lionshead Lawn, Old Tennis Courts) • Take an emphasis off the "quantity" of events and put a stronger emphasis on "quality" events that have longer more sustained impact. (Cirque du Soleil outside at Ford Park) • Our event strategy does not only have to be "special events." Strategies should include long-term attractions that create sustainable visitation i.e. event infrastructure (Imax, kayak park, climbing park, skate park, on-going theatre or music etc.). Page 2 Special Event Producers Position Paper - Request for Action March 27, 2001 Town Council Who: The Vail Valley Tourism & Convention Bureau, Highline Sports Marketing and the Vail Valley Foundation. Why: We are requesting for a certain number of action items to be addressed by Town Council to assist in streamlining special events and to recognize the value of what events and their associated sponsors bring to our community. When: Many of our sponsors and sponsor benefits are locked in for the 2001 event season. We ask that certain things be grand fathered regardless of direction that Council implements. Specifically the sponsor contracts for the Mountain Bike Championships that have already been completed and committed. Requests: On the first seven points of this request, we have consensus and should be able to move ahead. We have not been able to find consensus with the merchants groups on the final three points and need Council direction and guidance on how to proceed to find solution. 1. Merchant Involvement in Events. Any merchant wishing to participate in a special event must be included in the event producer's special event permit (notification must occur before the TOV permit deadline). A merchant may sell/display their goods outside their storefronts at an event (as long as their shop is within the venue) so long as they have provided advance notice to the promoter. The event producer, at their discretion, may charge a fee for their involvement in the event. The merchant may only display directly in front of their storefront, as long as it does not block fire access or conflict with event designated infrastructure. In the event that there is a conflict, the event producer may move the retailer display to another location within the venue at the discretion of the event producer. 2. Recognition of Mountain Events as a Town Event. We are asking for Town Council to take a position that events that occur on Vail Mountain have substantial benefit to the Town and those events should have access to Town of Vail's special event benefits (i.e. signage, booth exhibits and vehicle placement etc.) 3. Change in the sound ordinance to better define and increase the level of decibels allowed for amplified sound at special events. We do not know exactly what those decibels should be, but we would request that Council ask Community Development to work with the Event Producers to determine levels that allow for live entertairunent in the Village cores and other event venues. 4. Additional and enhanced Long-term Banner Locations. • With the increase in the pure number of events, the current banner locations are getting tougher to acquire. We would suggest that we create more permanent banner locations including: the entrances to each parking structure for I-70 visibility, International Bridge, Gondola path, Ford Park, Vail Round-a-Bout pennants, etc. • We are requesting that the Vail Village banner location be upgraded to hang banners independently of adjacent businesses. This is intended to get banners hung quicker and at a level position across Bridge St. Page 1. 5. Signage Code. We would request Council to adopt a special event signage position that would allow event producers to temporarily (during event permit duration) place sponsor baimers on any public piece of infrastructure as long as the banner does not damage or have the potential to damage the object. 6. Line of Credit. This is meant to allow local event producers to establish a line of credit with the Town of Vail, so once the application process is complete, the event producer may cut one check for all necessary permits. 7. Permit Fee: Create a fee schedule/scale for varying events. This would create a tiered system that would charge events that demand more within their event a greater fee and events that have less impact a lesser fee. Page 2 What we do understand and value... We value and understand the two key components that make events financially feasible in the Town of Vail: 1) sponsors and 2) year-round businesses. We kriow that events are not financially feasible without the support of sponsors that allow us to attract more guests into our economy generating financial growth and energy for all involved entities. We also recognize that the year-round merchant is the key component to generating the day-to-day revenue for the community to sustain basic functions on a year round basis. Without either one of these groups, events and ultimately this community are not sustainable to the level we have come to expect in the Town of Vail. This is where we need your help to find resolution. In order to make events function, sponsorship needs to generate between 64% to 98% of total event revenue. In order to garner these sponsorships, we need to be able to provide sales opportunities, sampling and exhibit space to justify their investment in the event and the community. 8 & 9. Sponsor Sales and Sampling. From time to time, sponsors request that they have the benefit of selling or sampling products directly to the event attendees. We have met resistance with the merchants on this issue because they do not want to see a sponsor have the right to compete with an existing business selling or sampling similar manufactured goods. 8. Here is our suggestion of a possible solution that gives us a place to start from: Vendor Sales: A Producer/Promoters who sell sponsorship for events in the confines of the Town of Vail will make a good faith effort to avoid situations in which there is a potential for° conflict between a sponsor and a merchant, by means of competing products, categories, or brands. After signing a sponsor, if the producer/promoter foresees a potential conflict with a merchant, they will contact that merchant and make a good faith effort to coordinate a) sales of said sponsor's products via the merchant, or b) a sales promotion with said merchant. Should these attempts fail, the producer/promoter will make every attempt to move the sponsor's booth or display as physically far away from the merchant's property as possible, while still fulfilling their promises to the said sponsor. Further, should such an attempt to integrate the efforts of a retailer and sponsor fail, Producers/promoters will require that all sponsors selling products of any kind obtain the appropriate sales tax permits. Sponsors will be made aware of random audits in order to provide them an incentive for full remittance of all sales tax owed in conjunction with their sales tax at the event. 9. Sponsor Sampling: Sponsors may do product sampling under a special event producer's event permit. If the product directly competes with an existing product that maybe purchased in an established Town of Vail business, the sample must be truly a sample size or get the approval of the existing merchant. 10. Object Placement. In order for events to exist on the merchant's doorsteps for them to gain maximum benefit, the event infrastructure must temporarily reside in the same venue during the event. There is no way for this infrastructure to exist without an impact on any merchant. We would request that the Town of Vail creates an object placement map that details where an event producer may place an event object on public right of way and what the dimensions of that object may be and the duration of placement. The object placement map should be able to be amended at anytime, by the approval of staff, to ensure that facture needs are not excluded or last minute changes cannot be made. Page 3 MATRIX OF OTHER RESORTS SURVEYED ON SPECIAL EVENTS AS OF MARCH 22, 2001 Page 1 How are the merchants, lodges and retailers What part do the merchants play, if any, How are the sponsors and vendors approved? informed of the types of Special Events in approving special events? being held? ASPEN Word of mouth They do not have a say, the city approves The vendors/sponsors are approved by various depts all special events. within the city as part of the special event AVON Via fax to interested parties or in Town They do not have a part in approving SE's. Approval by various depts and town council. brochure and at Town Council meetings BEAVER Monthly merchant meetings They are advised of SE, will listen to what Approved by coordinator CREEK they say but can't stop a SE. BRECKENRIDGE Resort Chamber members receive notice thru Merchants are not part of approval process, they Through events coordinator; vendors become their chamber do a survey if SE is on Main Street for input licensed thru town process COPPER Waiting for a response MTN CRESTED They are only informed if there is a street No say in final approval but they do ask for Through staff, town council, and 4th of July Parade by Chamber BUTTE closure, block party or on Main Street an opinion informal, no voting process Publish special events MT. CRESTED Chamber of Commerce Does not apply Chamber of Commerce approves BUTTE SNOWMASS Waiting for a response STEAMBOAT Word of mouth None, do not have a part in the approval Through the town special event coordinators and town SPRINGS process departments TELLURIDE Visitor Service Center, calendar brochure, None, only when they sell their own product at As part of SE permit; coordinator/town approval process merchant meetings the event WINTER Waiting for a response PARK MATRIX OF OTHER RESORTS SURVEYED ON SPECIAL EVENTS AS OF MARCH 22, 2001 Page 2 Do the retailers/merchants have a say in How do the retailers/lodges/merchants view What is the time frame in which special Who handles the SE in the who the vendors and sponsors are at SE's? special events in your community? events are processed prior to the event? town/city? ASPEN No, they are not involved in the special events They do not get complaints. They are due 30 days prior to the SE Kathryn Koch, process. City Clerks Office AVON No, they are not involved in the special events Mixed views; some feel it brings people to 30 days notice Sarah Lai, Admin Rec process. town & some view as competition Coordinator BEAVER No, they are made aware of SE's only. Very happy with SE's, a survey is done minimum 30 days Jean Dennison CREEK every Sept. Clerk BRECKENRIDGE No, they are made aware of sponsors Split; some support and some complain 30-90 days out MJ Loufek, Twn Clerk Office COPPER Waiting for a response MTN CRESTED No they don't have a say Well received, some complaints, bus route 30 or more, need to be placed on Lynda Petito BUTTE delay concerns, very glad to see them Town Council agenda Town Clerk MT. CRESTED No, most events are in Crested Butte Most merchants are ok with SE, the more 1 month, conditional use process Laura Welch BUTTE the better Town Clerk SNOWMASS Waiting for a Response Kraig Thompson, Com Dev STEAMBOAT No, they don't have a say No complaints so far, like special events Early as possible, minimum 30 days Julie Fager & SPRINGS Usually have local businesses as sponsors Stephanie Jalack TELLURIDE No, only as a participate See them as a vital part of economy, bring in Set a calendar in summer prior Rick Harrington, Parks Dir people and $ to their community to next summer calendar year (new) (any event larger than 3000 pp; need to be on master calendar in prior year) WINTER Waiting for response PARK MATRIX OF OTHER RESORTS SURVEYED ON SPECIAL EVENTS AS OF MARCH 22, 2001 Page 3 Other entities contacted and waiting for a response: City of Durango Town of Estes Park Town of Frisco City of Glenwood Springs City of Golden Town of Grand Lake Town of Ouray Town of Silverthorne SUMMARY OF COST OF EVENT vs. TOWN OF VAIL SHARE Vail Valley Foundation I Town of Vail Summary Event I Program I TOV Contributions Sponsorships Sponsorship I Other* Total TOV TOV Cash Trade Trade Revenue Revenues Percentage Percentage (includes trade amount) (without trade amount) 2000 American Ski Classic 17,000 2,300 1,359,603 31,500 1,410,403 1.26% 1.21% 2000 Gerald R. Ford Amphitheater 5,000 175,200 21,625 201,825 2.54% 2000 Vail International Dance Festival 11,500 688,156 201,725 901,381 1.28% 200012001 Budweiser Street Beat 20,000 6,000 468,600 494,600 5.26% 4.95% 2001 American Ski Classic 20,000 2,300 1,842,293 43,000 1,907,593 1.17% 1.05% 2001 Vail International Dance Festival 12,500 570,664 198,800 781,964 1.60% 2001 Gerald R. Ford Amphitheater 10,000 181,990 14,660 206,650 4.83% 2001 UCI World Mountain Bike Championships 100,000 20,000 1,261,625 1,381,625 8.69% 7.24% Gerald R Ford I Vilar Pavilion Reconstruction 300,000 9,100,000 9,4007000 3.19% Highline Sports Group/Town of Vail Summary Event I Program I TOV Contributions Sponsorships Sponsorship I Other* Total ( TOV TOV Cash Trade Trade Revenue Revenues Percentage Percentage (includes trade amount) (without trade amount) 2000 Vail Summer Sports Fest 30,000 197,000 68,000 295,000 10.10% 2000 Vail Ultra 100 5,000 178,000 26,000 209,000 2.40% 2001 Vail Summer Sports Fest 30,000 310,000 90,000 430,000 6.90% 2001 Vail Ultra 100 0 210,000 30,000 240,000 0% *Ticket Sales, banquet dinners, interest, etc. VAIL VALLEY TOURISM & CONVENTION BUREAU (VVTCB)ITOWN OF VAIL SUMMARY Event 1 Program TOV Contributions I Sponsorships I Sponsorship Other* I Total 1 TOV TOV Cash Trade Trade Revenue Revenues J Percentage Percentage (includes trade amount) (without trade amount) Multi-Events: 166,000 75,000 226,000 2000 Jeep Whitewater Festival 48,300 50,000 4,223 102,523 2000 Vail's Chili Fest 12,500 9,150 9,202 45,852 2000 Vail America Days 20,950 1,250 700 22,900 2000 Octoberfest Vail 33,500 40,900 77,299 151,699 2000 President Ford's Annual Tree Lighting 14,000 8,936 22,936 Total 166,000 204,250 110,236 571,910 29.03% 35.96% 'Ticket Sales, banquet dinners, interest, etc. 5-1-7 5-1-7 H. Amplified Sounds: cept when used for regularly sched- uled operative functions by any school 1. Purpose: The Town Council enacts or for the usual and customary pur- this legislation for the purpose of se- poses of any church is prohibited curing and promoting the public com- between the hours of four thirty fort, safety, and welfare of its citizen- o'clock (4:30) P.M. and nine o'clock ry. While recognizing that certain uses (9:00) A.M. of the following day. of sound-amplifying equipment are protected by the constitutional rights c. At the Gerald R. Ford Amphithe- of freedom of speech and assembly, ater located within Gerald R. Ford the Council nevertheless feels obligat- Park, the operation or use of sound- ed to reasonably regulate the use of amplifying equipment for commercial sound-amplifying equipment in order purposes is prohibited between the to protect the correlative constitutional hours of twelve o'clock (12:00) mid- rights of the citizens of this community night and eight o'clock (8:00) A.M. of to privacy and freedom from public the following day. nuisance and loud and unnecessary noise. d. In all other zones, except such portions thereof as may be included 2. Prohibition And Regulation: It shall within one hundred feet (100') of any be unlawful for any person other than residential zone, the operation or use the personnel of law enforcement or of sound-amplifying equipment for governmental agencies to install, use, commercial purposes is prohibited or operate within the Town a loud- between hours of ten o'clock (10:00) speaker or sound-amplifying equip- P.M. and eight o'clock (8:00) A.M. of ment in a fixed or moveable position the following day. or mounted upon any sound truck for the purposes of giving instructions, e. In all other zones, except such directions, talks, addresses, lectures, portions thereof as may be included or transmit or project music to any within one hundred feet (100') of any person or assemblage of persons in or residential zone, the operation or use upon any public street, alleys, side- of sound-amplifying equipment for walks, park or place, or public proper- noncommercial purposes is prohibited ty, except when installed, used, or between the hours of ten o'clock operated in compliance with the fol- (10:00) P.M. and seven o'clock (7:00) lowing provisions: A.M. of the following day. The only sounds permitted shall be either mu- a. In all residential zones, no sic, human speech, or both. sound-amplifying equipment shall be installed, operated or used for com- The sound emanating from sound- mercial purposes at any time. amplifying equipment shall be limited in volume and intensity for the times b. The operation or use of sound such sound is permitted by subsection amplifying for noncommercial purpos- H2 of this Section shall be as set forth es in all residential zones and within in subsection D of this Section. In no one hundred feet (100') thereof, ex- event, shall the sound be loud and 799 Town of Vail 5-1-7 5-1-8 raucous or unreasonably jarring, dis- of a violation of any provision of this turbing, annoying, or a nuisance to Section shall be subject to penalty as reasonable persons of normal sensi- provided in Section 1-4-1 of this Code. tivity within the area of audibility. K. Four Day Limit: 3. Permit Required: It shall be unlaw- ful for any person, business or corpo- 1. Any person wishing to play "ampli- ration to operate sound-amplifying fied sounds" as defined in subsection equipment in accordance with this H of this Section during any period not Chapter without first obtaining a per- to exceed four (4) consecutive days mit from the Town. Application for shall not be required to provide the such permits will be on forms provided information set forth in subsection H3 by the Town. The following informa- of this Section in such person's appli- tion shall be provided by the appli- cation. cant: 2. Upon the receipt of an application a. Name, address and telephone to play amplified sound during any number; period not to exceed four (4) consecu- tive days, the Town Manager, without b. The place or places the applicant the necessity of a public hearing, shall will be playing amplified sound; either grant or deny the application after consideration of all the relevant c. The dates and times the appli- factors. Before the Town Manager cant will be playing amplified sound. shall grant any such application, the Town Manager shall be required to All permits shall be valid for a period make the findings set forth in subsec- of one calendar year. tion E4 of this Section. (Ord. 3(1999) § 10: Ord. 20(1988) § 1: 1997 Code: 1. Appeal: Appeal of any action of the Ord. 15(1988) § 1: Ord. 26 (1984) § 1: Town Manager or duly authorized Ord. 32(1982) § 1: Ord. 1(1981) § 1) representative pursuant to subsec- tions E and H of this Section, denying the issuance of a permit to exceed the 5-1-8: MUFFLERS': The operation of noise level or to play amplified a motor vehicle within the Town sounds, may be filed within thirty (30) which is not at all times equipped with a days following such action with the muffler in good working order upon the Town Council which shall hear said exhaust thereof and in constant operation appeal in accordance with its rules of to prevent excessive or unusual noise, or procedure. The Town Council may the use, by any person operating a motor confirm, reverse or modify the actions vehicle within the Town, of a cutout, bypass of the Town Manager or his/her duly or similar muffler elimination appliance shall authorized representative. be deemed a public nuisance. (Ord. 18(1966) § 2(e)) J. Penalty: Any person, partnership, association, or corporation convicted 1. See also subsection 5-1-7G2 of this Chapter. 799 Town of Vail 11-4B-5 11-413-6 F. Design: Glass-enclosed display box, 2. Pennants and banners, subject to subject to design review. approval by the Administrator, subject to design review. G. Lighting: Indirect. 3. Bunting, subject to approval by the H. Landscaping: Landscaping shall be as Administrator, subject to design. follows: C. Height: Flag poles shall be a maxi- 1. A landscaped area of two (2) mum height of thirty feet (30'). square feet for each square foot of each side of a permanent freestanding 1. Flags shall have a minimum clear- display box may be required at the ance of eight feet (8') when projecting base of the box. over public walkways; shall have a minimum clearance of fifteen feet (15') 2. If landscaping is required, a plan when projecting over vehicular streets; showing the landscaping must be when displayed on flag poles, a mini- submitted by the applicant. mum of twenty feet (20') from top of the pole to average grade, except for 3. All landscaped areas shall be main- residential areas; projections over a tained to Town standards; public way are subject to design re- view. 1. Special Provisions: An area no larger than five-tenths (0.5) square foot may 2. Pennants shall have a minimum be used within the display box to clearance of eight feet (8') over identify the business. (Ord. 13(1996) pedestrianways and fifteen feet (15') § 2) over vehicular ways. 3. Banners shall have a minimum 11-46-6: FLAGS, PENNANTS, BANNERS clearance of eight feet (8') over AND BUNTING: Flags, pen- pedestrianways and fifteen feet (15') nants, banners and bunting shall be regu- over vehicular ways. lated as follows: D. Number: Subject to the approval of A. Purpose: To control the proper display the Administrator, subject to design and maintenance of national, state, or review. official flags and the erection and maintenance of pennants, banners E. Location: Subject to the approval of and bunting. the administrator, subject to design review. B. Size: Size shall be as follows: F. Design: Design, excepting official 1. Flags, subject to design review, flags, shall be at the approval of the except National and State flags, which Administrator, subject to design re- shall have proportions as prescribed view. by presidential declaration. G. Lighting: Indirect. Town of Vail 11-413-6 11-4B-7 H. Landscaping: Subject to design re- 11-413-7: FREESTANDING SIGNS: view. A. Joint Directory Signs For Multi-Tenant I. Special Provisions: Special provisions Buildings: Freestanding signs, joint shall be as follows: directory signs for a multi-tenant build- ing shall be regulated as follows: 1. Flags, et al., shall be maintained in a clean and undamaged condition. 1. Purpose: To list all tenants within a multi-tenant building and to guide the 2. Pennants, banners and bunting pedestrian to an individual tenant referring to community events or activ- within the building. ities will be allowed to be displayed for a period of no more than fourteen (14) 2. Size: One square foot per tenant days. Christmas decorations are ex- within the multi-tenant building, with a empt from the time period, but must maximum area of twenty five (25) be removed when their condition has square feet. deteriorated so that they are not aes- thetically pleasing. Application must 3. Height: No part of the signs shall state who will be responsible for re- extend above eight feet (8') from ex- moval. In the event the pennants, isting grade. banners or bunting are not removed on the specified date, written notice 4. Number: One sign per vehicular by certified mail will be given to the street or major pedestrianway which responsible person and the items will the business abuts, subject to design be removed by the Town at the review. If a building has two (2) or owner's expense. more major public entrances on dis- tinct, separate pedestrianways, pro- 3. Pennants that do not refer to com- posals for additional joint-business munity events or activities and are for directories may be approved subject the purpose of advertising may be to design review. displayed as flags subject to design review. 5. Location: On the grounds of the building and adjacent to major 4. Banners, pennants, bunting or dec- pedestrianway which the building orations of a temporary nature used abuts, subject to design review. for the purpose of promoting commu- nity activities shall be exempted from 6. Design: Subject to design review. the application procedure described in this Title; however, the written permis- 7. Lighting: Indirect or pan-channeled. sion of the Administrator must be obtained subject to design review. 8. Landscaping: Landscaping shall be as follows: 5. The display of National flags shall be governed by the standard rules of a. A landscaped area of two (2) international protocol. (Ord. 13(1996) square feet for each square foot of § 2) each side of the sign shall be required Town of Vail s Electric Golf Cart Use in the Town of Vail The Vail Mountain Lodge (formerly Vail Athletic Club) has requested the use of electric. powered carts to transport skiers to the lifts at Golden Peak. There are currently no Vail municipal ordinances regulating such use, although the Sonnenalp Hotel has traditionally used these vehicles in their loading and delivery plan. In addition, the Vail Golf Course staff commonly uses both electric and gasoline powered carts in the performance of their duties. They routinely travel along public roadways to navigate the course. Event staffers at Ford Park often use carts to transport patrons from the parking lots to the venue via public paths. The proposed function of the carts by Vail Mountain Lodge opens the door for a whole new concept in people moving in our area. Using these vehicles to transport customer's duplicates the service offered by Town of Vail In-Town buses. While this is not a new idea in general (i.e. shuttle vans offered by Cascade, Roost, West Vail Lodge etc.), the method of conveyance, over public roads, is a decidedly unique prospect for our town. While examining the request of Vail Mountain Lodge, Council should also examine the existing uses of these carts, and likely be prepared to regulate them in some way. This presentation is intended as a comprehensive analysis of both the status quo and the proposed Vail Mountain Lodge uses. 1. Colorado Law Colorado Revised Statutes Title 42, Vehicles and Traffic, defines what we commonly refer to as a golf cart, as a "neighborhood electric vehicle." CRS 42-1-102(60.5) supplies this definition as "...a self-propelled, electrically powered motor vehicle..." It's speed cannot exceed 25 mph over one mile and it must meet the following equipment standards: 1. Head lamps with high beams and indicator. 2. 'Tail lamps with brake lights. 3. Turn signals front and rear. 4. Adequate brakes 5. Horn 6. Mirror 7. Appropriate tires 8. Neighborhood electric vehicles are permitted to display a "slow moving vehicle" emblem to the rear if operating less than 25 mph. For statutory purposes, a neighborhood electric vehicle is considered a motor vehicle. Gas or propane powered carts are NOT considered neighborhood electric vehicles, but are motor vehicles and must adhere to the same equipment standards. Colorado Revised Statutes prohibit the use of neighborhood electric vehicles on all highways and limited access highways under CRS 42-4-109.5. The state defines 1 4 `highway' under 42-1-102(43) as "...the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel or the entire width of every way declared to be a public highway by any law of this state." This prohibition, however, is effective only in the absence of local law to the contrary. Under CRS 42-4-111(1)(aa), the legislature provides for "Authorizing and regulating the operation of neighborhood electric vehicles on streets and highways under their jurisdiction by resolution or ordinance of the governing body..." In subsection (I) "Local authorities are prohibited from establishing any requirements for the registration and licensing of neighborhood electric vehicles" and in subsection (II) "...are prohibited from authorizing the operation of neighborhood electric vehicles on limited access highways." Locally, these statutes allow the Town Council to pass municipal ordinances aimed at regulating the operation of golf carts, so long as they are not used on I-70, a limited- access highway. The key word is operation. We cannot require that such electric carts be registered or licensed with the Town; gasoline or propane powered carts seem allowable for registration. There is no distinction between Commercial versus Private use. Information from the Colorado Municipal League indicates that there are no public entities currently regulating the operation of neighborhood electric vehicles. According to a researcher at CML, there are no such municipal laws on any books. Certainly there are places in the state that do use golf carts as modes of transportation off the golf course, but most likely these are planned communities. Such places tend to be privately operated, gated and their roadways are NOT open to the public; therefore, they need not adhere to state traffic code. In fact, even the upscale private community of Castle Pines, according to their Emergency Service Department, does not allow the carts on the roads except to cross over from golf hole to golf hole. II. Peachtree City, GA Peachtree City, Georgia is a community located south of the Atlanta metropolitan area. It is an upper middle class area with a large population of airline pilots, due to its proximity to Hartsfield International Airport. It is NOT a gated or private community. The city has an extensive network of recreation paths and roadways, and allows both electric and gasoline carts to use them. Their City Code contains a specific section regulating their use (Attachment A). Peachtree City requires that every cart is registered, like a car or boat, and gas powered carts must be inspected every two years. They also allow drivers as young as 12 years old to operate the carts, under certain conditions. Unsupervised, anyone 16 or older may drive them. 2 4 The laws of operation are highlighted in Attachment A under section 78-93, subsection (e) through (I). III. State of Florida Golf carts are extremely popular as modes of transportation in the State of Florida. According to the Walton County Sheriff's Office, there was an increasing number of accidents occurring, particularly in the southern part of the state, due to these type vehicles on the road. They became such a problem that the state legislature brought them into uniform regulation by qualifying anything with a 5 horsepower or greater engine as a motor vehicle. This encompassed all carts, whether gas or electric, and forced their operators to register and insure them. The legislature further regulated the carts in their State Uniform Traffic Control Code, Title 23, Chapter 316, by giving cities and counties the authority to designate certain roadways for use by the carts. They included provisions for crossing state roads (either while on an approved local road or moving from one golf hole to the next). (Attachment B) Florida State law also allows municipalities to operate carts in the performance of municipal duties, including police and public works (Attachment C). IV. The Sonnenalp Hotel The Sonnenalp Hotel has traditionally maintained what General Manager Charles Frey describes as an "unwritten agreement' 'between the hotel and the Vail Police Department, allowing the use of some carts on certain town roadways. The hotel owns a total of six electric carts. Two are capable of carrying two or three passengers, plus a driver, with a cargo bed on the back. These two carts are kept at the main entrance, valet stand. There are two housekeeping carts, one steward cart and one purchasing cart. These are all cargo carts only, and are also electric. Sonnenalp uses these carts as part of their loading and delivery plan. Trucks deposit their wares at the Vail Road loading dock, directly across from the Vail Chapel. The carts then come and pick up whatever they need, and return to either the Swiss Hotel or the Austria Haus. Accessing the Swiss Hotel is simple, because the carts can go through the parking lot and never be on the public roadway. To reach the Austria Haus, however, the carts must travel along East Meadow Drive for a short distance. Frey indicates that these carts are intended for workers only, however occasionally a bellman will transport an elderly or injured guest into town. He says that this is absolutely the exception and not the rule. If a guest insists on not riding the in-town bus to some location, Sonnenalp staff will take them via hotel van instead. 3 4 There are no written policies & procedures for the use of these carts. All of the operators have driver's licenses and the vehicles are insured through the hotel's general liability insurance. All have headlights and some form of taillights, but no turn signals. Frey says that the future redevelopment of the hotel will eliminate the necessity for the carts to go to the Swiss Hotel, but they would still need a way to reach the Austria Haus. He says that the hotel could run vans if necessary. He also said that he often has problems with the electric batteries on the carts during the winter. V. Vail Recreation District The Vail Recreation District employs a number of carts in the operation and maintenance of the Vail Golf Course. The location of the course's maintenance facility, along Vail Valley Drive, necessitates that these carts must travel along a public roadway. Piet Pieters of VRD states that all of the course's maintenance carts are gas powered, while the actual golf carts are electric. All carts using the course must cross Vail Valley Drive in two places; from holes three to four and holes six to seven. The employees often use Sunburst Drive from the Clubhouse to Vail Valley Drive, and VVD from that intersection up to the crossover between six and seven. They feel that by traversing the course on the main road, they move more quickly and do not cause a slowdown in play. Both gas and electric carts are on the roads at some point because all of the golf carts are repaired at the maintenance facility. VRD also has no written policies & procedures regarding the use of their carts. The carts used during Ford Amphitheater shows are typically in parking lots or on pathways, which do not qualify as highways. However, when they are brought onto Vail Valley Drive (as sometimes happens during Westfest, etc.), they become motor vehicles. VI. The Vail Mountain Lodge Request Chad Ziegler, Director of Operations for Vail Mountain Lodge, has put forth the request. Mr. Ziegler states that door-to-lift service is an amenity that he and his staff deem necessary for a Four Star Hotel; that walking to either the Covered Bridge or Hanson Ranch Road bus stops is not consistent with this kind of upscale service. He also states that safety is his number one priority. To that end, he is willing to spend upwards of $5000 to purchase the most advanced and safe cart possible. Ziegler is prepared to buy what is, in essence, an electric van. He will be available to Council to present exactly what vehicle he has in mind. He understands that his vehicle will be subject to the exact same rules of the road as any car, truck or van. He plans to use the standard drop off lane at Golden Peak and will insure the vehicle through his 4 4 hotel's general liability policy. The cart would be parked in the hotel's underground garage when not in use. When asked if a Town bus stop outside the front door would accomplish the same objective, Mr. Ziegler stated that hotel transport is more in line with Four Star service. He said that the Mountain Lodge does own'both a Suburban and a van, but that he would be better served using those vehicles in outlying areas, not for quick runs to the lifts. He contends that the cart offers easier access and faster response than a regular motor vehicle. V11. Town of Vail Considerations 1. Equipment - Both electric and gasoline powered carts must have appropriate safety equipment as dictated by CRS Title 42, and outlined in Section I of this presentation. The wording of the "safety restraint" statute appears to exempt these carts from requiring seatbelts. The Town Attorney agrees with this interpretation. 2. Commercial vs. Private Use - The Town's zoning code outlines what it considers to be two `commercial core areas.' This delineation was originally intended as a Parking Map, and Council must weigh whether to create a second definition of these areas. The first area is for Vail Village, and is bordered by South Frontage Road, Vail Road, Willow Bridge Road, Vail Valley Drive and the base of the mountain (Attachment D). The second area is for Lionshead, and is bordered by South Frontage Road, West Lionshead Place, Gore Creek and the Library/Ice Arena (Attachment E). If carts were required to stay within their originating commercial core, they could not traverse from the Village to Lionshead via Meadow Drive, as this stretch from the Hospital to the Fire Station is zoned residential. 3. Routes - Specifically for Vail Mountain Lodge, sending carts to Golden Peak would require taking Vail Valley Drive. The high level of traffic that already exists on this road in any season could defeat the purpose of the service altogether. Vail Valley is lined with double yellow, indicating no passing. Any cart using the road would be subject to the same traffic as anyone else. Carts could either be run on an as needed basis or at set times. 4. Cart Size - Electric carts can be purchased in a variety of sizes, from the typical two- person golf cart to the large, nine person models. Outlying hotels do not use sports cars as their shuttles - should carts be allowed to transport passengers, they may necessarily be held to multiple person capacities. 5. Noise & Odor - Gasoline powered carts in the commercial core would be both loud and odorous. Electric and propane powered would be neither, as well as being more ecologically responsible. 5 6. Operator Age - Drivers should possess a valid Driver's License if transporting people. With capacities less than 15 passengers, a commercial license is not required. 7. Safety - Carts travelling over the same roadways as larger vehicles are at an extreme disadvantage when it comes to safety. Accidents are inherent to driving and the curve on Vail Valley Drive at Mill Creek Circle can be extremely dangerous when icy. A vehicle coming from Golden Peak can easily slide through the oncoming lane, and the Vail Police Department has responded to such accidents there in the past. 8. Public Works - As carts would likely be relegated to the same streets as regular traffic, there would be no extra outlay for public works crews. Larry Pardee states, however, that there are not enough resources available to try and maintain any bike paths for such use. 9. Transit Department - Mike Rose suggests that placing a bus stop on East Meadow at the intersection of Vail Valley Drive would cause too much congestion, as the road is already overcrowded. He is strongly against such a remedy. VII. Recommendations The use of these carts seems to be a reasonable and environmentally friendly alternative to the existing transportation options. Of course, they would necessarily have to peacefully co-exist among all of the other vehicles travelling the surface roads of Vail Village and Lionshead. There may be some resentment of the perceived exclusivity in restricting their operation to certain areas. In addition, the propensity to stop any and everywhere along Vail Valley Drive, to pick up anyone who offers a $5 bill, would have to be curbed completely through rigorous enforcement. The concept itself could certainly work, and could signal a viable direction fdr the future of the Town. In it's infancy, though, an ordinance allowing the use of carts under certain circumstances and in certain areas would require diligent monitoring. Run of the mill traffic violations could be handled via typical Police discretionary actions. Things such as violating the allowed travel area, or picking up unauthorized passengers (or picking up in unauthorized areas) should probably be viewed with a "zero tolerance" attitude. With an eye toward promoting the use of these vehicles in a responsible and controlled environment, the Police Department is prepared to present a sample ordinance if requested. Note: Passing such an ordinance would require modifying 7-4-1 of the Municipal Code, removing "golf carts" from the definition of "motor-driven cycles." 6 A r,- e %a*- _ T&kFFIC § 78-92 Si to be erect b e city. (b) perso on 'cted of a vio "on, of this e " t shall e ,P a as prov% for by w: (Co 1980, § 19-2 Or o. 8 , 3-5-1998 ecs. ?5-58- 90, Reserved. %Y, 47% ARTICLE III. MOTOR" rW CARTS Sec. 78-91. Findings; definition. i The city council frads that all public streets and paved recreational paths located within its ! territorial boundaries and under its jurisdiction are designed & ad constructed so as to safely permit their use by regular vehicular traffic and also the driving of motorized carts, except as stated elsewhere in this article. "Motorized carts" are defined as those electric and gasoline- t powered pleasure carts, commonly called golf carts. These are the only carts authorized for use under this article. (Code 1980, § 19-30) Cross reference-Definitions Merally, § 1-2_ Sec. 78-92. Registxation/inspection certification. (a) Motorized carts. It shall be the duty of every owner of a motorized cart that is operated over the recreation paths and streets and those areas accessible by the public to register the cart with the city within ten business days of the date of purchase. Two numerical decals shall be issued upon registration, and a record of each motorized cart number, along with the name and address of the ovmer, shall be maintained by the police department. The decals must be affixed to the sides of the cart in such a manner as to be. fully visible at all times- The f registration fee for motorized carts owned by city residents shall be $10.04, and the registration shall be effective until such time as the cart is sold or otherwise disposed of. An annual registration/user fee of $60.04 shall be charged to nonresidents of the city. The nonresident fee is due by January 31 each year until such time as the cart is sold or otherwise disposed of. This nonresident registration/user fee shall be prorated for carts purchased after January 31 of the first calendar year of ownership. Upon occurrence of a sale of the cart to another person who shall operate the cart over the recreation paths and streets of the city, the registration must be transferred to the new owner within ten business days of the change in ownership at a cost of $5.00. If the registration is not transferred within ten business days, a $20.00 penalty will be applied in addition to the $5.00 transfer charge; and the cart shall be considered an unregistered cart after the ten business day period- CD78:17 i § 78-92 PEACHTREE CI'T'Y CODE (b) Gasoline carts- (1) Every cart shall at all times be equipped with aa. exhaust system in good working order and in constant operation, meeting the following, specifications: a. The exhaust system shall include the piping leading from the flange of the exhaust manifold to atd including the muffler and exhaust pipes or include any and all parts specified by the manufacturer b. The exhaust system and its elements shall be securely fastened, including the consideration of missing or broken brackets or hangers. C. The engine and powered mechanism of every cart shall be so equipped, adjusted and tuned as to prevent the escape of excessive smoke or fumes. (2) It shall be unlawful for the owner of any cart to operate or permit the operation of such cart on which any device controlling or abating atmospheric emissions, which is placed as a cart by the manufacturer, to render the device unserviceable by removal, alteration or which interferes with its operation. (3) Every two years, the cart must be inspected by a city golf cart dealer holding a valid city business license, and the dealer must certify that the exhaust system meets the standards as stated in this. article. This certification must be presented to the city i' within ten business days following the end of each two-year period, and the registra- tion shall be renewed for an additional two-year period at no charge. If the certification is not presented within ten business days, the gasoline cast shall be considered an unregistered cart. (4) All gasoline carts purchased on or after September 1, 1993, ' must have a dealer certification in order to be registered; and after September 1, 1995, no gasoline- powered cart =ay be registered, renewed or transferred without dealer certification- . (c) Mental carts. Cart dealers and distributors, as well as other commercial establishments, may rent carts to the public for use on the recreation paths and streets and those areas accessible by the public of the city. Each such establishment renting carts shall be required to register each, such rental cart in accordance with subsections (a) and (b) of this section and shall maintain a written record of each person who rents each cart. Renters shall be required to furnish positive identification, shall be provided a ...t,r of this article to read, and must be at least 16 years ofage. Theregistration fee and transfer fees and regulations shall be the same as those in subsections (a) and (b). (d) Age, number of registrants limited. Only those persons 18 years of age or older may register a motorized cart. Cart registration may be in one person's name only, and the registration form must be signed by that person. (Code 1984, § 19-31) Sec. 78-93. Operation regulations. (a) Those persons who are 16 years-of age and older may drive a motorized cart on the recreation paths and/or streets and those areas accessible by the public of the city. CD78:18 4 T -UTIC § 78-94 (b) Those persons who are 15 years of age but not yet 16 years of age may drive a motorized tart on the recreation paths and/or streets and those areas accessible by the public of the city if they are accompanied in the front seat by a person at least 18 years of age who holds a valid motor vehicle drivers license, (c) Those persons who are 12 years of age but not yet 15 years of age may drive a motorized cart on the recreation paths and/or streets and those areas accessible by the public of the city if they are accompanied in the front seat by a parent or legal guardian who holds a valid motor vehicle drivers license. (d) No person under the age of 12 shall be permitted to drive a motorized cart on the recreation paths and/or streets and those areas accessible by the public of the city under any circumstances. (e) All operators shall abide by all traffic regulations applicable to vehicular traffic when using the recreation paths, streets and those areas accessible by the public in the city. Where } cart paths exist, they must be used in preference to parallel city streets with the exclusion of those cart paths privately owned and mainto;-od by the Flat Creek, and Braeli-nn clubs as part of the golf courses and not used by the general public. (f) Motorized carts shall not be operated on sidewalks at any time. (g) Motwized carts may be operated over those authorized streets, recreational paths and r, those areas accessible by the public only during daylight hours unless such motorized carts are equipped with functional headlights and taillights. (h) No rcaotorized cart shall be permitted to operate over, along, or across Highway 74, Highway 54, Peachtree Parkway or Crosstown Road between Peachtree Parkway and Highway 74 within the boundaries of the city except where authorized crossings are provided. (i) It shall be unlawful for the owner of any motorized cart or any other person operating, employing, permitting the use of or otherwise directing the use of such cart to operate or permit the operator of any such cart to ,drive aver the recreation paths, streets or those areas accessible by the public in the city in violation of this article. (Code 1980, § 19-32) Sec. 78.94. Recreation path users-Authorized. Authorized users of asphalt recreation paths and sidewalks are as follows: (1) Pedestrians. (2) Nmimotorized vehicles. (3) Roller skates, roller blades and skateboarders (daylight obly). (4) Registered electric-powered golf carts. (5) Registered gasoline-powered golf carts. (6) Emergency atd authorized maintenance vehicles. s CD78z19 F, § 78-94 PEAC m-xt.EE CITY "CODE (7) Bicycles. (Code 1980, § 19-33), Sec. 78-95. Same-Prohibited uses. Prohibited uses of recreatiozz paths are as follows: (1) Automobiles and trucks (except authorized maintenance vehicles). (2) Motorcycles. (3) Street and trait motorized bikes or vehicles. (4) I nibikes and mopeds. (5) Horses. 1 a (6) Go-carts. i (7) Unregistered electric-powered golf carta. (8) Unregistered gasoline-pvw"ad golf carts. (Code 1984, § 19-34) Sec. 78-96. Hazardous activities and special rules. (a) Paths are for transportation and public recreation by the various groups of permitted users. No individual or group shall engage in hazardous activities on the paths and streets and those areas accessible by the public, Such hazardous activities, and the special rules pertaining to them, include but are not limited to the following: (1) Racing of any form, except for special events approved by the city; and (2) Blocking of public access, except for special events approved by the city. I (b) None of the prohibited users in section 78.95 shall use the path system or the bridges and/or their underpasses for amy purpose whatsoever, (c) Pedestrians, skaters and permitted vehicles shall not loiter or park on recreation path bridges or in txuderpasses. (d) Normal rules of the road shall apply to the recreation paths. For instance, when approaching oncoming path users, each user shall move to his right side of the path. Passing shall be on the left side of the path,. (e) Pedestrians should be given due consideration and reasonable right-of-way by other users of the recreation paths to ensure them safe passage- s (f) A warnizag or announcement shall be given by operators of golf carts and other users of the recreation paths, such as bicyclists and skaters, when approaching pedestrians from the A rear- This •warning.or announcement may be verbal, but it is recommended that -bicyclists and ` . CZ?78:20 i i. i TRA.FF1C § 7s-9s golf cart operators equip their vehicles with a warning device such as a horn or bell. Each user of the recreation paths shall be considerate of the safety and welfare of other users, and dangerous conduct will not be tolerated. (g) All taws and ordinances relative to alcohol and its use, including open container .laws, which apply to traffic on the streets of the city also apply to the recreation paths. (h) All litter shall be deposited in the receptacles prodded along the recreation paths or retained by the path user for proper disposal later. Littering on the recreation paths shall be subject to twice the fines and penalties as littering on the streets. (Code 1980, § 19-35) Sec. 78-97. Liability. Each person using the recreation patbB is liable for his own actions- Liability insurance coverage varies, and each person operating a golf cart on the recreation paths and public streets and those areas accessible by the public should verify their coverage. ? (Code 1980, § 19-36) Sec. 78-98. Penalties. (a) Any person who violates the terms of this article, except section 78-93(b), (c) or (d), shall be punished as provided in section 1-11; except that any fine for a littering offense shall be doubled. ? (b) Any violation of section 78-93(b), (c) or (d) shall be charged against the registered owner of the golf cart,'and all fines and penalties shall be levied against the registered owner of the golf cart as follows; a j' (1) For the first offense, a fine of not less than $250.00. (2) For the second offense, a fine of not less than $500.00. (3) If a third offense is committed within one year of conviction for a second offense, the minimum fine shall be $1,000.00, and the registered owner's golf cart registration shall be revoked. The registered owner or family member ca mot thereafter register a golf cart for use in the city for a period of two years following a third conviction,. ( ode 1980, § 19-37) 1 (i . . i CD78:21 statutes->View Statutes->2000->Ch0316->Section 212: Online Sunshine http://www.leg.state.fl.us/statutes/ind...HTM&Title=->2000->Ch0316->Section%20212 ti A rmewocN T t~ T-, wfatufne ,;in ~,rn r tear. L~ ~rf Sunshine r i i rr. rn~ • v ~r nr .r rnrrr n rirr rr i rrr ? r r rr r rr n-r Select Year: 2000 Go The 2000 Florida Statutes Title XXIII Chanter 316 View Entire Chanter MOTOR VEHICLES State Uniform Traffic Control 316.212 Operation of golf carts on certain roadways.--The operation of a golf cart upon the public roads or streets of this state is prohibited except as provided herein: (1) A golf cart may be operated only upon a county road that has been designated by a county, or a city street that has been designated by a city, for use by golf carts. Prior to making such a designation, the responsible local governmental entity must first determine that golf carts may safely travel on or cross the public road or street, considering factors including the speed, volume, and character of motor vehicle traffic using the road or street. Upon a determination that golf carts may be safely operated on a designated road or street, the responsible governmental entity shall post appropriate signs to indicate that such operation is allowed. (2) A golf cart may be operated on a part of the State Highway System only under the following conditions: (a) To cross a portion of the State Highway System which intersects a county road or city street that has been designated for use by golf carts if the Department of Transportation has reviewed and approved the location and design of the crossing and any traffic control devices needed for safety purposes. (b) To cross, at midblock, a part of the State Highway System where a golf course is constructed on both sides of the highway if the Department of Transportation has reviewed and approved the location and design of the crossing and any traffic control devices needed for safety purposes. (c) A golf cart may be operated on a state road that has been designated for transfer to a local government unit pursuant to s. 335.0415 if the Department of Transportation determines that the operation of a golf cart within the right-of-way of the road will not impede the safe and efficient flow of motor vehicular traffic. The department may authorize the operation of golf carts on such a road if: 1. The road is the only available public road along which golf carts may travel or cross or the road provides the safest travel route among alternative routes available; and 2. The speed, volume, and character of motor vehicular traffic using the road is considered in making such a determination. Upon its determination that golf carts may be operated on a given road, the department shall post appropriate signs on the road to indicate that such operation is allowed. (3) Any other provision of this section to the contrary notwithstanding, a golf cart may be operated for the purpose of crossing a street or highway where a single mobile home park is located on both sides of the street or highway and is divided by that street or I of 2 12/28/00 11:26 AM ( statutes->View Statutes->2000->Ch0316->Section 212: Online Sunshine http://www.leg.state.fl.us/statutes/ind...HTM&Title=->2000->Ch0316->Section%20212 highway, provided that the governmental entity having original jurisdiction over such street or highway shall review and approve the location of the crossing and require implementation of any traffic controls needed for safety purposes. This subsection shall apply only to residents or guests of the mobile home park. Any other provision of law to the contrary notwithstanding, if notice is posted at the entrance and exit to any mobile home park that residents of the park utilize golf carts or electric vehicles within the confines of the park it shall not be necessary that the park have a gate or other device at the entrance and exit in order for such golf,carts or electric vehicles to be lawfully operated in the park. (4) A golf cart may be operated only during the hours between sunrise and sunset, unless the responsible governmental entity has determined that a golf cart may be operated during the hours between sunset and sunrise and the golf cart is equipped with headlights, brake lights, turn signals, and a windshield. (5) A golf cart must be equipped with efficient brakes, reliable steering apparatus, safe tires, a rearview mirror, and red reflectorized warning devices in both the front and rear. (6) A golf cart may not be operated on public roads or streets by any person under the age of 14. (7) A violation of this section is a noncriminal traffic infraction, punishable pursuant to chapter 318 as either a moving violation for infractions of subsection (1), subsection (2), subsection (3), or subsection (4), or as a nonmoving violation for infractions of subsections (5) and (6). History,--s. 2, ch. 83-188; s. 1, ch. 84-111; s. 2, ch. 88-253; s. 322, ch. 95-148; s. 4, ch. 96-413; s. 168, ch. 99-248; s. 7, ch. 2000-313. Welcome • Ses,icn • C_ornmittees Q Lea,islaters • Information Center • Statutes and Ccnstitution' • Lobbyist Information Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000 State of Florida. Contact us. 2 of 2 12/28/00 11:26 AM statutes->Vww Statutes->2000->Ch0316->Section 2126: Online Sunshine http://www.leg.state.fl.us/statutes/ind...TM&Title=->2000->Ch0316->Section%202126 A rrA t. mq r C, nlin ,Lof3}isSunshine I~~fnrrnu I 10.11 IINMWFIMP~ . n. r.i ri .nr rvrr nrnrr~r~~rr rrr . ~rr v. Select Year: 2000 Go The 2000 Florida Statutes Title XXIII Chanter 316 View Entire Chapter MOTOR VEHICLES State Uniform Traffic Control 316.2126 Use of golf carts and utility vehicles by municipalities.--In addition to the powers granted by ss. 316.212 and 316.2125, municipalities are hereby authorized to utilize golf carts and utility vehicles, as defined in s. 320.01, upon any state, county, or municipal roads located within the corporate limits of such municipalities, subject to the following conditions: (1) Golf carts and utility vehicles must comply with the operational and safety requirements in ss. 316.212 and 316.2125 and shall only be operated by municipal employees for municipal purposes, including, but not limited to, police patrol, traffic enforcement, and inspection of public facilities. (2) In addition to the safety equipment required in s. 316.212(5), such golf carts and utility vehicles must be equipped with sufficient lighting and turn signal equipment. (3) Golf carts and utility vehicles may only be operated on state roads that have a posted speed limit of 30 miles per hour or less. (4) A municipal employee operating a golf cart or utility vehicle pursuant to this section must possess a valid driver's license as required by s. 322.03. History.--s. 5, ch. 96-413; s. 90, ch. 99-13; s. 4, ch. 99-163; s. 169, ch. 99-248. Welcome • Session • Committees e Legislators = Information Confer • Statutes and Constitution • ~obbyist Information_ Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000 State of Florida. Contact us. I of 1 12/28/00 11:30 AM Core Area Parking Map I Vail Village ~T9c~RO o r°Mt. INTERSTATE 70 • - ST MEADOW OR 1' m ) ~~¢r P o°vt ~ ~ F4 TMFAT`LTM Df ~ ~ \ 1 ` uHtt+atr ~ tnAC s _ S ' I co `fT ~ 1 e ~ \ \ iss a g~' - cot,~EeK OR~-c n~'_I~ 121 Rgq!j EMGE ROM cl~ 1 Commercial Core Area I ~ s OAR f\ts s.s Core Area Parking Map II Lionshead N. FRONTAGERD WEST fED STpJE'C ° _ K xMw n..ur SF~O.. x = 1~iMEPDONO ° „ ' ae I a. ° FAST Fd2ESF Rb+D Commercial Core Area March 19, 2001 F R I TZ L E N Vail Town Council P I E R C E c/o Allison Ochs, Planner 75 South Frontage Rd. Vail, CO 81657 RE: Purchase of land beneath "Build - To" areas Vail 21 Condominium A R C H I T E C T S Council Members, On behalf of the Vail 21 Condominium Association, I request that you address the matter of the transfer of ownership of the land beneath the "Build - To" areas adjacent to the Vail 21 Condominium in Lionshead. It is important to state that the Vail 21 Condominium is still exploring the feasibility of redeveloping their property and this letter is not a commitment to purchase Town land. The Lionshead Master Plan indicated a number of locations where expansion of existing retail space that were deemed in the best interests of the community at large. One of those locations is east of the Vail 21 Condominium. Attached is a diagram that indicates the approximate extent of the proposed retail space expansion. The retail expansion occurs both within the existing Vail 21 property and outside the existing Vail 21 property. The expansion beyond the existing property lines would be on land owned by the Town of Vail. At this time the Vail 21 Condominium Association is attempting to assess the feasibility of a significant redevelopment of their property. Conceptual Plans have been developed and initial Income and Expense Studies are nearly complete at this point. There are several Expenses that are unknown and are currently delaying the Association's efforts to solicit the approval of the Association Members in order to continue their efforts toward renovating their property. 1. What is the cost of the land beneath the "Build - To" areas? In order to obtain financing for the Project it is preferable that all of the property beneath the Building be a "fee simple" ownership rather than a lease. Vail 21 would like to purchase the property beneath the Building, outside the current property line, from the Town. The area beneath the Building, outside the current property lines (on Town property) is about 4170 square feet. Vail 21 feels that the most appropriate means of determining the value of the land is to use data from the Eagle County Assessor. This opinion is shared by Basil Katsaros, MAI, SRA, whose letter (dated March 14,2001) to that effect is attached. Also attached is a letter from John Nilsson, dated March 17, 2001, relating to possible increases in land value since the Assessor's appraisal a year and a half ago (essentially there is not expected to be an increase in land values) KA9874 - Vail2l\land value.wpd Planning • Architecture • Interiors 1650 East Vail Valley Drive Fallridge C-1 • Vail, CO 81657 • fps@colorado.net 9 fax (970) 476-4901 • (970) 476-6342 Based on the Property Record Card from the Eagle County Assessor for Parcel 210106403021, a Commercial Condominium in Vail 21, the Land Value is $66.36 per square foot (copy attached, $58,130 / 876 sq. ft.). Based on the Property Record Card from the Eagle County Assessor for Parcel 210106403017, a Residential Condominium in Vail 21, the Land Value is $ 31.49 per square foot (copy attached, $39,770 / 1263 sq. ft.). Based on the above valuations established by the Assessor, and the limitations of the LMU-1 Zone District, an acre of land in this area would be worth $6,320,120.00 ($66.36 (the value of land for commercial space) plus $78.73 (the value of land for residential space which is 2.5sq.ft. of GRFA per sq. ft. of site area times $31.49)) times 43,560 sq.ft.(area of an acre). At this time we are certain that Vail 21 would incorporate the land purchased from the Town into it's Association owned property. The land purchased from the Town would be used for retail purposes at the approximate level of the Lionshead Mall. The Association does not require the entirety of the residential "Development Rights"associated with the 4170 square feet. Due to the Association's efforts to incorporate some adjacent privately held property into it's Site Area, it is not certain what amount of GRFA will be needed from the parcel purchased from the Town for the Association to accomplish it's goals for redevelup,iient of their property. 2. What other impact fees should the Vail 21 Condominium Association anticipate? We are aware that it will be Vail 2I's obligation to restore the pedestrian mall surface (including installation of snow melt piping beneath the pavers) to the midpoint of the proposed mall and have budgeted for those improvements. We need to know if there will be other Impact Fees imposed by the Town that will effect the Expenses that the Association should anticipate. Vail 21's Pronosal Vail 21 proposes to pay $66.36 per square foot for the land purchased from the Town of Vail for commercial space. In addition, Vail 21 will pay $31.49 per square foot of GRFA that is needed for redevelopment of Vail 21 and is not available based on the Site Area of the Vail 21 Condominium. In the event that residential space is expanded in the future, that expansion is subject to reimbursement to the Town for the value of land for residential use established by the Eagle County Assessor. In no case will the total GRFA on the Vail 21 site exceed the allowable GRFA for the site (which includes the parcel purchased from the Town). Sincerely, William Pierce, Architect encl. CC: Bill Walker, Vail 21 Condominium Association KA9874 - Vail21Vand value.wpd I ° ] 9 4 m ) LEVEL :2 IWI7 • Ii cow Avow GOM7 -ram- "i I a,wvame LW' f1'O b,O` 7Y-w' .ML'A EXIST WITS AICA GaNO~G. I 7,~ItD N EPI]e N 16,~]Tb N 11TO~ Y.e.r. « \\\1\i .ter n~ w • www~w w~A w w ~ + C I x I I I I I I I I I I I I ~ 1 I I I I I I I ~ I -Ii i-p I I I I I I i I 4 I I I 1 ~ I I fj1O~r « i IrmALI Tf114e N ' •PI]G N I 16,11:111S O ~ ~ I I 3AWSof cn I 1 1 1 1 1 t Z_ ILA ]1008 N ~ W O ao~ Z ~~oG I =gas 1 TO LINO O > H ^ : I U G O> D \ s C ' \T 111W • \ LEGEND C I-M EXI9TIN6 WALL TO REMAIN EXISnNB WALL TO BE REMOVED NEW Gg19TW/GnON • 1 EXIOTIN6 GOMWIii AREA F x x NEW C- ;IAL AREA I FRITZLEN yy 1 +I PIERCE . I I tJ701. j// 'BUILD-TO• C-..._.uIAL AREA I I I ARCHITECTS (LEVEL 1 LEVEL 2 FLOOR PLAN PLOOie PLAN Q.. 1. JA202 1 Feb-25-01 01:49P P.04 7 Eagle County Assessor Page: 1 02123ro ; 04:42PM Property Record Gard for Account R010529 as of 04/1912000 version 20000419000 ROSENQUIST, CHARLES Account: R010529 Parcel: 210106403021 PO BOX 686, Company: Situs Address: Tax Area; SC103 0,30521 LIONSHEAD CIR VAIL Acres: 0 `JAIL 81658 VALUE SUMMARY LEGAL. DESCRIPTION (May not be complete) Value By. MICA Correlated CONDO: `JAIL 21 CONDO UNIT 102 COMM 5',~7U LAND 58, i 30 Total Value: 115,400 221,370 LAND DATA LAND Occurrence 1 ABSTRACT_COOE 2112 MERCHANDISING-LAND LANDSIZE 465 iANDSIZE LAND_CODE 7466 UOWHEAD COMMERCIAL NEIGHBORHOOD 2025101 VAIL'11 UNIT TYPE 1 UNIT TYPE USE CODE 2000 GOMMERCIAL ZONING 7 MFR SUPER_NBHD 2':00 VAIL CORD COMMERCIAL LAND_IND 2S SUBCODE ACTUAL EFFECTIVE HEATED FOOTPRINT LANDS 465.000 TOTAL AREA: 465.000 VALUE RATE 58,130 125.01 13UILDING DATA COMM Occurrence 1 ABSTRACT_CODE 2211 MERCHANDISING•IlAPR0VEr-1 ACT_YEAR_BLT 1072ACT_YEAR_8LT AIRCOND 1 NONE ARCH-STYLE 82 RECREATION BATHS 1 OATHS BEDROOMS 0 BEDRO OM$ BUILDING-TYPE 221200 MEHCHANDSNG CONST QUAL 4 AVGRAG:C REP03 1972 YEAR -1972 EFF_YEAR SLT 1972 EFF Y'EAR_BLT EXTERIOR_WALLI ":5 CUNC HLCCK FIXTURES .3 FIXTURES FLOORZ 10 8 VINYL FLOORI 90 14 CARPET INV FRAME 3 MASONRY HEATING FUEL 3 GAS HEATING-TYPE 5 HT VTR BSB INTERIOR wALL1 !5 DRYWALL NEIGHBORHOOD 20253,01 VAIL 21 ROOF-COVER 7 CEDAR SHAK ROOF STRUCTURE 2 $HED ROOMS 1 ROOMS SHAPED 1 NIA STORIES 1 STORIES 1.0 UNITS 1 UNITS USE CODE 2000 COMMERCIAL WALL FIN 0 NIA SUPER NBHO 2200 VAll. CORE COMMERCIAL SUBCODE ACTUAL EFFECTIVE HEATED FOOTPRINT UTILITY 876.000 394.200 875.000 TOTAL AREA: 7~6dtf 394.200 876,000 VALUE RAfilr ' RATE RATE 57,270 65.38 145.28 65.18 CORRELATED ABSTRACT SUMMARY Code Classification Actual Valug Assessed Value 2112 MERCHANDISING-LAND crFS V 16,800 2212 MliH01ANDISING4,11'ROV 163.240 47,340 Totai 221,370 64,200 Farb-25-01 01:49P P-05 02123101 Eagle County Assessor Page: 1 04:51 PM Property Record Card for Account 8010415 as of 01,0812001 version 24010106000 GLORIA J. CUJRTIS RIEVOC TRUST Account: 8010415 Parcel.. 210106403017 1240 W GOTH TER Company : Situs Addrew Tax Area: SC 1C3 000521 E LIONSHEAD CiR KANSAS CITY Acres: VAIL N1O,64113 VALUE SUMMARY LEGAL DESCRIPTION (May not be complete) Value By: MICA Override CONDO VAIL 21 CONDO UNIT:505 CONDO 348,620 0 SK-0228 PG-0080 AK-0638 PG-0388 QCD LAND 39,770 0 04.25.94 HTJ5700 QCD 07-24-00 Y.FO B 2,890 0 Total Value: 391,280 0 SALES DATA Rocept # Sala Date Deed Vll Q/U Sale Adj Sale Time Adj Sale Type Price Ratio Price Ratio Price Ratio 12-JAN-1973 WI) 54,100 0 R 03-1.3EC-14W WD I 0 347,5x10 112.460 347,900 1 1Z.4(59 347,900 112.469 LAND DATA LAND Occurrence 1 ABSTRACT_CODE 11;{0 CONDO-LAND LANDSISE 543 LANOSIZE LAND_CODE 113084'30 VAIL 21 CONC NEIGHBORHOOD 4195 VAIL 21 UNIT TYPE 1 UNIT TYPE USE CORE 1000 RESIDENTIAL ZONING 6 CONDO SUPER NBHD 4200 VAIL CORE CON00 LAND_IND 2S SUBCODE ACTUAL EFFECTIVE HEATED FOOTPRINT LAND_5 543.000 TOTAL AREA: 543,000 VALUE RATE 39,770 73.24 EXTRA FEATURE DATA XFOB Occurrence 1 ABSTRACT-CODE 1230 CONDOS-IMPHOVEMENTS BUILDING-NO 0 BUILDING NO DEPOO 1972 YEAR - 1972 EFF YEAR_OLT 1972 EFF YEAR_BLT NEIGHBORHOOD 4195 VAIL 21 UNIT PRICE 3'.80 UNIT PRICE USE CODE 1000 RESIDENTIAL XFOB_COOE 110 FIREPL. A. SUPER_NBHD 4200 VAIL CORE CONDO SUBCODE ACTUAL EFFECTIVE HEATED FOOTPRINT XFOB_UNITS 1.000 TOTAL AREA; 1.000 VALUE RATE 2,890 2,890.00 BUILDING DATA CONDO Occurrence 1 ABSTRACT CODE 1230 CONDOS-IMPROVEMENTS ACT_YEAR_BLT 1972 ACT YEAR_BLT AIRCOND O NONE ARCH-STYLE 26 CONDO BATHS ',i BATHS BEDROOMS 2 BEDROOMS BUILDING-TYPE 123000 CONDOMINIUM CONST_QUAL 4 AVERAGE DEP02 1972 YEAR - 1491 EFF_YEAR _OLT 1972 EFF YEAR SLT EXTERIOR WALLt 15 LONG BLOCK FIXTURES 10 FIX°. u! ES FLOORt 20 8 RESILIENT FLOOR2 ea 14 CARPET INV FRAME 3MASONRY HEATING FUEL 3GAS HEATiNG_TYPE 13 BASEBOARD INTERIOR WALL1 5 DRYWALL NEIGHBORHOOD 4195 VAIL 21 ROOF COVER 9 CEDAR SHAK ROOF STRUCTURE 2 SHED ROOM, 5 Rooms SHAPEO 1 NIA STORIES 1.5 UNITS 1 UNITS USE CODE 1000 RESIDENTIAL WALL-FIN 0 N/A SUPER NBHD 4200 VAIL CORE CONDO SUBCODE ACTUAL EFFECTIVE HEATED FOOTPRINT BALCONY 137.000 MAIN FLR AREA 840.000 840.000 840.000 840.000 rQb-25-01 01:50P _ fem.06 02123101 Eagle County Assessor Page: 2 04;51 PM Property Record Card for Account 8010415 as of 01/0812001 version 20010108000 ONE STORY 7 .000 276.000 276.000 276,000 TOTAL AREA: 1,2fx3.000 ~1 1,116.000 1,116.000 - 1,116.OOQ VALVt yk RATE RATE RATE 348,620 276.03 312.38 312.38 312,38 ABSTRACT SUMMARY Pverne 0 ""ids Code Classiflcadoa ACt Assessed Value Actual Value Assessed Value 1130 CONDO•LANO 39 770 3,970 39,770 3870 1230 CONDOS-IMFRO~-5 51, 34,240 351,510 34,240 ~]Cc sat.._. 301,2II4__ _ Milo - ss1 2J3B ~ 38U ~7D v 'FROM WESTTE=RRA FAX NO. 3038391031 Mar. 15 2001 04:54PM P1 West le ra A Corporation March 14, 2001. Mr, Bill Walker Board of Directors Vai121 Condominium Association c/o Mr. John Nilsson, CRS,CCIM Vail-Lionshead Real Estate Brokers 228 Bridge Street, 2nd Floor Vail, CO 81658 RE: Land Value Indications Vail 21 Condominiums Lionshead, Colorado Dear Mr. Walker: At the request of Mr. John Nilsson, the following is to serve as a discussion .for the potential establishment of value for commercial land to be pluchased from the Town of Vail for commercial expansion of your association building. I am familiar with the Vail market in general; however, the following is not to be construed as an appraisal of the subject property. The scope of this letter is merely to explain the :methodology of establishing market value by the County Assessor's Office. Prior to about 1993, indications of value via the assessor's office in the State of Colorado were not very reliable. Many home valuations were based on cost and the reassessment process had no consistency, However, the state legislature mandated a re-assessment every two years based on the concept of market value. That included utilizing actual market data in the establishment of market value and assessed values. The reassessment schedule was slated to move to an annual assessment cycle in 1997, but N.B. 95-1045 provided that the biannual assessment continue. I believe that this year is a reassessment year with data from the 18 month period prior to the date of value. Since the Vail commercial land market is so limited, it appears reasonable that the assessor's valuations would be reasonable indicators of market value. Depending on the date of valuation, some trending may be .necessary; the county appraisal department should have data to indicate any applicable time adjustrncnts, Real Estate Analysts and Consultants, 650 Grant Street, Denver, Colorado 80203 3031839-1002 FROM : WESTTERRA FAX NO. : 3038391031. Mar. 15 2001 04:54PM P2 Mr. Bill Walker March 15, 2001 Page 2 An independent appraisal would be the most accurate estimate of value. Given certain constraint; of time and expense, the Assessor's estimate of market value, time adjusted, would be a reasonable indication of value. I trust the foregoing fulfills your needs at the present. Should you have any further questions regarding this matter, please feel free to call. Respectfully submitted, WestTerra, a Corporation Basil S. Katsaros, MAY, SRA President Certified General Appraiser CG#013133 11 \NOffice\data\reports\nonendmn\other\O l 042.doc FROM WESTTERRA FAX NO. : 3038391031 Mar. 15 2001 04:55PM P4 j QUALIFICATIONS OF BASIL S. KATSAROS WestTerra, a Corporation 650 Grant Street, Suite 200 Real Estate Appraiser & Consultant Denver, Colorado 80203 State of Colorado Certificate CG#01313311 (303) 839-1002 DESIGNATIONS: American. Institute of Real Estate Appraisers* Member, Appraisal Institute (MAI) Society of Real Estate Appraisers* Senior Real Property Appraiser (SRPA) Senior Residential Appraiser (SRA) * Now unified as Appraisal Institute OFFICES HELD: Societv of Real Estate Appraisers Governor, District 6 (1987-1990) (1990-1993) Vice Governor, District 6 (1985-1986) Young Advisory Council (1981-82, National Chairman '1983) Chapter Offices (1979-1983)(Presi.dent 1982) Member, Board of Directors (1976-1979) Outstanding Service Award (1989) Appraisal Institute National Board of Directors Government Relations Committee 1990-1991 Regional Member - Review and Counseling 1990-1991 National Chair State Accredited Affiliates Committee. 1992 National Nominating Committee 1992 Chair. Region 11 1993-94 National Chair Ethics & Counseling Committee 1995-96 EDUCATION: Graduate of University of Colorado, Boulder, Colorado Richard R. Reno Foundation - Courses in exchanging real estate, Tncome Tax Related to Real Estate Transactions, and Client Counseling Graduate of Jefferson. High School, Edgewater, Colorado Appraisal Courses & Seminars: AMEA Courses: Courses VI, VII, R41c, Various seminars SREA Courses: Courses 101, 201, R41c, Various seminars INSTRUCTOR: SREA Course 101 - Introduction to Real Estate Appraising SREA Professional Practice Seminar Real Estate Appraising (Emily Griffith Opr-a.snity School) Appraisal Institute - Standards of Professional Practice Part A EXPERIENCE: Presently self-employed 30 years real estate appraising (1971-present) Associated with Donald F. Schueller & Associates, Inc. (1972-1975) appraising properties within the metropolitan area of Denver and specializing in mountain properties Two years real estate sales (1970-1972) Ex.xj6xT WITNESS: U. S. District Court, U.S. Bankruptcy Court, Denver, Jefferson, Adams, Arapahoe, Boulder and Larimer County District Courts FROM WESTTERRA FAX NO. : 3038391031 _ Mar. 15 2001 04:55PM P3 CERTIFICATION I certify that, to the best of my knowledge and belief, ? The statements of fact contained in this appraisal report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are our personal, unbiased professional analyses, opinions, and conclusions. ? I have no present or contemplated future interest in the real estate that is the subject of this appraisal report, and I have no personal interest or bias with respect to the parties involved. ? My compensation is not contingent upon the reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event. ? This appraisal was not based on a requested minimum valuation, a specific valuation or the approval of a loan. ? My analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice of the Appraisal Institute. ? 1 have made a personal inspection of the property which is the subject of this report. ? No one provided significant professional assistance to the person signing this report. ? The reported analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the Code of Ethics and Uniform Standards of Professional Aisal Practice of the Appraisal Institute, By virtue of the limited scope of the appraisal assignment, the appraisers are invoking the Departure Provision. The use of this report is subject to the requirements of the Appraisal Institute relating to the review by its duly authorized representatives. As of the date of this report, 1, Basil S. Katsaros, have completed the requirements under the continuing education program of the Appraisal Institute. BASIL S. KATSAROS, MAI, SRA Certified General Appraiser CG*01313311 Vail-Lionshead Real Estate Brokers Serving the Entire Vail Valley t' 531 East Lionshead Mall :ill Vail, Colorado 81657 a March 17, 2001 Mr. Bill Walker Vail 21 Condominium Association Vail, CO VIA FACSIMILE Dear Bill: Please find enclosed a letter from Basil Katsaros, MAI, SRA covering his recommendation as to the method of valuation of the land associated with both the commercial and residential components of the Vail 21 property. I noted that Basil suggested that the Assessor's number might be subject to some "trending" or applicable time adjustment due to the fact that the assessor's number was established last year. With this in mind, I contacted the Eagle County Assessor's office and spoke with Max Schleifley (sp), one of the County Appraisers who has been working on the new appraisals for the Vail Village/Lionshead area. Max told me that he feels that the newly scheduled appraisal due out in six months or so will show both commercial and land values at Vail 21 to be flat since the last assessment. In fact, residential values may show a slight decrease due to their new policy of valuing residential land at 13% of total valuation instead of 15% of total valuation common in the past. My impression from this discussion was that the new county appraisals of Vail 21 property will show little if any change. Sincerely, VAI IONSHEAD REAL ESTATE , John F. Nilsson, CCIM, CRS Broker Associate 970-476-1600 Fax: 970-476-0102 800-677-VAIL E-Mail: vailco@vail.net Denver 303-629-7214 Website: wwwvail-lionshead.com PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING SCHEDULE Monday, March 26, 2001 PROJECT ORIENTATION / - Community Development Dept. PUBLIC WELCOME 11:00 am MEMBERS PRESENT MEMBERS ABSENT Chas Bernhardt Site Visits : 12:15 pm 1. Okubo residence - 5027 Ute Lane 2. Vail Mountain School - 3160 Katsos Ranch Road 3. Tang residence - 185 Forest Road 4. Cascade Hotel - 1295 Westhaven Drive 5. Peters residence - 2955 Bellflower Drive 6. Brandess Building - 2077 N. Frontage Road Driver: Brent NOTE: If the PEC hearing extends until 6:00 p.m., the board may break for dinner from 6:00 - 6:30 p.m. Public Hearina - Town Council Chambers 2:00 pm 1. A request for a conditional use permit, to allow for a Type II Employee Housing Unit (EHU), located at 185 Forest Road/Lot 26, Block 7, Vail Village 15t Filing. Applicant: Oscar Tang, represented by Ray Nielsen, AIA Planner: Ann Kjerulf 2. A request for a conditional use permit, to allow for a Type II Employee Housing Unit (EHU), located at 1552 Matterhorn Circle/Lot 2, Timber Vail Subdivision. Applicant: Ranch Creek Development Planner: Bill Gibson 3. A request for a variance from Section 12-6C-6 of the Vail Town Code, to allow for a proposed addition in the rear setback, located at 5027 Ute Lane/Lot 31, Vail Meadows Filing 1. Applicant: T. Lary & Renee Okubo Planner: Bill Gibson 4. A request for a variance from Section 12-7D-5 of the Vail Town Code, to allow for the addition of mechanical equipment within the required rear setback at the Brandess Building, located at 2077 N. Frontage Rd./Lot 39A, Buffehr Creek Subdivision. Applicant: Jayne Brandess Irrevocable Trust, represented by Abacus Communications Planner: Allison Ochs TOWN OF VAIL 1 5. A request for a modification to an existing conditional use permit to allow for the use of two modular classroom units at Vail Mountain School, located at 3160 Katsos Ranch Road / Lot 12, Block 2, Vail Village 12th Filing. Applicant: Vail Mountain School Planner: Brent Wilson 6. A request for variances from Section 12-6D-6 (Setbacks) and Title 14 (Development Standards- locating required parking in the Right-of-Way), to allow for a residential addition and remodel located at 2955 Bellflower Dr. / Lot 6, Block 6, Vail Intermountain. Applicant: Alan Peters, represented by Braun Associates Planner: Allison Ochs 7. A request for a conditional use permit, to amend an existing conditional use permit, to allow for one additional Fractional Fee Club unit, located at Vail Mountain Lodge, 352 E. Meadow Drive/Part of Tract B, Vail Village 15t Filing. Applicant: Braun Associates, Inc. Planner: George Ruther 8. A request for a recommendation to the Town Council on a zoning code text amendment to Section 12-71-1-7, (Exterior Alterations or Modifications), to correct an error in the prescribed procedure for certain types of Design Review applications for properties in the Lionshead Mixed-Use 1 Zone District. Applicant: Town of Vail Planner: George Ruther 9. A request for a final review of a conditional use permit, to allow for the construction of Phase I of Donovan Park improvements, generally located southeast of the intersection of Matterhorn Circle and the South Frontage Road. Applicant: Town of Vail Planner: George Ruther TABLED UNTIL APRIL 9, 2001 10. A final review of a request for a recommendation to the Town Council for a rezoning from Agriculture and Open Space to Primary/Secondary Residential and a Minor Subdivision to create two residential lots and a request for a recommendation to the Town Council for an amendment to the Vail Land Use Plan changing the land use designation from Public/Semi- Public use to Low Density Residential, located at 3160 Booth Falls Road/Part of Lot 12, Block 2, Vail Village 12th Filing. Applicant: Boothfalls Homeowner's Association, represented by Braun Associates, Inc. Planner: Russell Forrest TABLED UNTIL APRIL 9, 2001 2 11. A request for a variance from Section 12-7H-10 of the Vail Town Code, to allow for an proposed addition in the rear setback, located at 660 West Lionshead Place/Lot 1, Vail Lionshead 1St Filing, 1St Addition. Applicant: Lions Square Condo Association Planner: Bill Gibson TABLED UNTIL APRIL 23, 2001 12. A request for a worksession to discuss a proposed special development district to allow for the construction of a new conference facility/hotel; and a final review of conditional use permits to allow for the construction of fractional fee units and Type III employee housing units at 13 Vail Road / Lots A, B, C, Block 2, Vail Village Filing 2. Applicant: Doramar Hotels, represented by the Daymer Corporation Planner: Brent Wilson TABLED UNTIL APRIL 23, 2001 13. A request for a major amendment to Special Development District #4, to allow for the conversion of an existing indoor tennis court to a spa, located at 1295 Westhaven Drive/Cascade Village. Applicant: L-O Vail Hotel Inc. Planner: Allison Ochs WITHDRAWN 14. Approval of March 12, 2001 minutes 15. Information Update 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. Community Development Department Published March 23, 2001 in the Vail Trail. 3 PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING RESULTS Monday, March 26, 2001 PROJECT ORIENTATION / - Community Development Dept. PUBLIC WELCOME 11:00 am MEMBERS PRESENT MEMBERS ABSENT Diane Golden Chas Bernhardt Brian Doyon John Schofield Doug Cahill Galen Aaslen Site Visits : 12:15 pm 1. Okubo residence - 5027 Ute Lane 2. Vail Mountain School - 3160 Katsos Ranch Road 3. Tang residence - 185 Forest Road 4. Cascade Hotel - 1295 Westhaven Drive 5. Peters residence - 2955 Bellflower Drive 6. Brandess Building - 2077 N. Frontage Road Driver: Brent 11*W]; - NOTE: If the PEC hearing extends until 6:00 p.m., the board may break for dinner from 6:00 - 6:30 p.m. Public Hearinq - Town Council Chambers 2:00 pm 1. A request for variances from Section 12-6D-6 (Setbacks) and Title 14 (Development Standards- locating required parking in the Right-of-Way), to allow for a residential addition and remodel located at 2955 Bellflower Dr. / Lot 6, Block 6, Vail Intermountain. Applicant: Alan Peters, represented by Braun Associates Planner: Allison Ochs MOTION: John Schofield SECOND: Diane Golden VOTE: 5-0 APPROVED WITH 2 CONDITIONS: 1. That prior to final design review approval, the applicant provides a landscape plan which includes provisions to adequately buffer the surface parking area from adjacent properties. 2. That the applicant submit a revocable right-of-way permit for all improvements located in the drainage easement and right-of-way prior to submittal of the building permit. 2. A request for a conditional use permit, to allow for a Type II Employee Housing Unit (EHU), located at 185 Forest Road/Lot 26, Block 7, Vail Village 1st Filing. Applicant: Oscar Tang, represented by Ray Nielsen, AIA Planner: Ann Kjerulf MOTION: John Schofield SECOND: Doug Cahill VOTE: 5-0 Il 1 TOWN OF VAIL APPROVED WITH 1 CONDITION: 1. Prior to the issuance of a building permit, the Community Development Department shall receive proof from the applicant that a Type 11 Restrictive Covenant has been recorded with the Eagle County Clerk and Recorder's Office, thereby ensuring that the employee housing unit will be permanently restricted for employee housing. 3. A request for a conditional use permit, to allow for a Type II Employee Housing Unit (EHU), located at 1552 Matterhorn Circle/Lot 2, Timber Vail Subdivision. Applicant: Ranch Creek Development Planner: Bill Gibson MOTION: John Schofield SECOND: Diane Golden VOTE: 5-0 APPROVED WITH 2 CONDITIONS: 1. Prior to the issuance of a building permit, the applicant shall submit a Type II EHU deed restriction to the Town of Vail Department of Community Development. This document shall be recorded at the Eagle County Clerk and Recorder's Office and will require that the employee housing unit be permanently restricted for employee housing. 2. The Conditional Use Permit for the proposed EHU is contingent upon Design Review approval. 4. A request for a variance from Section 12-6C-6 of the Vail Town Code, to allow for a proposed addition in the rear setback, located at 5027 Ute Lane/Lot 31, Vail Meadows Filing 1. Applicant: T. Lary & Renee Okubo Planner: Bill Gibson MOTION: John Schofield SECOND: Doug Cahill VOTE: 5-0 APPROVED WITH 2 CONDITIONS: 1. That the applicant submit a site-specific geological investigation, completed by a professional geologist or registered professional engineer, to the Town for review and approval prior to final Design Review approval. 2. That the proposed addition shall comply with Design Standards. 5. A request for a variance from Section 12-7D-5 of the Vail Town Code, to allow for the addition of mechanical equipment within the required rear setback at the Brandess Building, located at 2077 N. Frontage Rd./Lot 39A, Buffehr Creek Subdivision. Applicant: Jayne Brandess Irrevocable Trust, represented by Abacus Communications Planner: Allison Ochs MOTION: Brian Doyon SECOND: John Schofield VOTE: 5-0 DENIED 6. A request for a modification to an existing conditional use permit to allow for the use of two modular classroom units at Vail Mountain School, located at 3160 Katsos Ranch Road / Lot 12, Block 2, Vail Village 12th Filing. Applicant: Vail Mountain School Planner: Brent Wilson MOTION: John Schofield SECOND: Doug Cahill VOTE: 4-0 (Doyon recused) APPROVED WITH 4 CONDITIONS: 2 1. That both modular classroom units will comply with all town design guidelines, be painted to match the existing school building (beige base with brown trim) and that additional landscaping for buffering will be added surrounding the new structure. These issues are subject to review and approval by the Town of Vail Design Review Board. 2. If any revisions are proposed to the existing approved "Phase I" or "Phase II" development plans for Vail Mountain School (approved April 24, 2000) prior to the commencement of construction, the applicant shall return to the Planning and Environmental Commission and Design Review Board for review and approval of the amended development plan. 3. That the conditional use permit for both temporary structures shall expire on May 31, 2003. However, if a building permit has not been issued for the construction of the approved development plan for the school by June 1, 2002, this conditional use permit will expire on that date. 4. The existing mechanical equipment behind the school must be screened during the summer of 2001, subject to review and approval by the Town of Vail Design Review Board. 7. A request for a conditional use permit, to amend an existing conditional use permit, to allow for one additional Fractional Fee Club unit, located at Vail Mountain Lodge, 352 E. Meadow Drive/Part of Tract B, Vail Village 1St Filing. Applicant: Braun Associates, Inc. Planner: George Ruther MOTION: Brian Doyon SECOND: Doug Cahill VOTE: 5-0 APPROVED 8. A request for a recommendation to the Town Council on a zoning code text amendment to Section 12-71-1-7, (Exterior Alterations or Modifications), to correct an error in the prescribed procedure for certain types of Design Review applications for properties in the Lionshead Mixed-Use 1 Zone District. Applicant: Town of Vail Planner: George Ruther MOTION: Doug Cahill SECOND: Brian Doyon VOTE: 5-0 APPROVED 9. A request for a final review of a conditional use permit, to allow for the construction of Phase I of Donovan Park improvements, generally located southeast of the intersection of Matterhorn Circle and the South Frontage Road. Applicant: Town of Vail Planner: George Ruther TABLED UNTIL APRIL 9, 2001 10. A final review of a request for a recommendation to the Town Council for a rezoning from Agriculture and Open Space to Primary/Secondary Residential and a Minor Subdivision to create two residential lots and a request fora recommendation to the Town Council for an amendment to the Vail Land Use Plan changing the land use designation from Public/Semi- Public use to Low Density Residential, located at 3160 Booth Falls Road/Part of Lot 12, Block 2, Vail Village 12th Filing. 3 Applicant: Boothfalls Homeowner's Association, represented by Braun Associates, Inc. Planner: Russell Forrest TABLED UNTIL APRIL 9, 2001 11. A request for a variance from Section 12-7H-10 of the Vail Town Code, to allow for an proposed addition in the rear setback, located at 660 West Lionshead Place/Lot 1, Vail Lionshead 1St Filing, 1St Addition. Applicant: Lions Square Condo Association Planner: Bill Gibson TABLED UNTIL APRIL 23, 2001 12. A request for a worksession to discuss a proposed special development district to allow for the construction of a new conference facility/hotel; and a final review of conditional use permits to allow for the construction of fractional fee units and Type III employee housing units at 13 Vail Road / Lots A, B, C, Block 2, Vail Village Filing 2. Applicant: Doramar Hotels, represented by the Daymer Corporation Planner: Brent Wilson TABLED UNTIL APRIL 23, 2001 13. A request for a major amendment to Special Development District #4, to allow for the conversion of an existing indoor tennis court to a spa, located at 1295 Westhaven Drive/Cascade Village. Applicant: L-O Vail Hotel Inc. Planner: Allison Ochs WITHDRAWN 14. Approval of March 12, 2001 minutes 15. Information Update 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. Community Development Department 4 DESIGN REVIEW BOARD AGENDA Wednesday, March 21, 2001 3:00 P.M. PUBLIC MEETING RESULTS PUBLIC WELCOME PROJECT ORIENTATION / LUNCH - Community Development Department 12:00 pm MEMBERS PRESENT MEMBERS ABSENT Clark Brittain Bill Pierce Hans Woldrich Andy Blumetti Melissa Greenauer SITE VISITS 1:30 pm 1. Village Center Condominiums Building B - 124 Willow Bridge Road 2. Marriott Hotel - 715 W. Lionshead Circle 3. Coldstream Condo - 1476 Westhaven Drive 4. Deming residence - 483 Gore Creek Drive 5. McKeeta residence - 1801 Alpine Drive 6. Dikeou residence - 352 B Beaver Dam Circle 7. Beaver Dam residences - 383 & 363 Beaver Dam Road Driver: Allison PUBLIC HEARING - TOWN COUNCIL CHAMBERS 3:00 pm 1. Coldstream Condo - Final review of proposed 250 addition. Ann 1476 Westhaven Drive, Unit 38/Coldstream Condominiums. Applicant: Jack & Lois Easterling, represented by Chas Bernhardt MOTION: Bill Pierce SECOND: Melissa Greenauer VOTE: 5-0 APPROVED WITH 3 CONDITIONS: 1. That the flashing be removed on the east side and the new addition be a continuous surface with the adjacent wall. 2. That the railing be removed on the west side and the wall moved to the extent of the existing deck. 3. That materials and colors used in the addition match the existing. 2. Westwind Condominiums - Final review of a new building identification sign. Brent 548 S. Frontage Road/Westwind Condominiums Applicant: Westwind Condominium Association MOTION: Bill Pierce SECOND: Hans Woldrich VOTE: 5-0 CONSENT APPROVED ~TOWN OF 3. Deming residence - Final review of proposed remodel. Allison 483 Gore Creek Drive, Unit 2a&2b/Texas Townhomes. Applicant: David & Jamie Deming, represented by Eric Johnson MOTION: Melissa Greenauer SECOND: Hans Woldrich VOTE: 5-0 TABLED UNTIL APRIL 4, 2001 4. Village Center Condominiums Building B - Exterior improvements. Bill 124 Willow Bridge Road/Lots C & K, Block 5E, Vail Village 1St Filing. Applicant: Village Center Homeowner's Association, represented by Fritzlen Pierce Architects. MOTION: Hans Woldrich SECOND: Andy Blumetti VOTE: 4-0 (Pierce recused) APPROVED WITH 2 CONDITIONS: 1. The proposed stone finish above the north and south entry features must be removed and replaced with stucco and consistently carried around the corners of the entry features. 2. An executed encroachment agreement between Building B and D must be submitted prior to the issuance of building permits. 3. That requirements of the Public Works Department and Fire Department must be met prior to the issuance of building permits. 5. Marriott Hotel - Final review of modifications to exterior of Phase 3 Wing. George 715 W. Lionshead Circle/Lots C&D, Morcus Subdivision. Applicant: HMC Acquisition Properties, represented by Gwathmey Pratt Schultz Architects TABLED UNTIL APRIL 4, 2001 6. Beaver Dam residence - Final review of a new single-family residence & EHU. Bill 363 Beaver Dam Road / Lot 2, Block 3, Vail Village 3`d Filing. 5 Applicant: Fritzlen Pierce Architects MOTION: Andy Blumetti SECOND: Melissa Greenauer VOTE: 4-0 (Pierce recused) APPROVED WITH 4 CONDITIONS: 1. The northeast garage elevation needs to be studied further (i.e. installation of false windows or grates) and revisions must be submitted to the Design Review Board for review. 2. The proposed column design must be revised to be battered or straightened columns and revisions must be submitted to the Design Review Board for review. 3. The proposed gas lanterns must be removed. 4. Tree preservation efforts must continue and the applicant must update the Design Review Board with all preservation efforts and revisions to the approved tree protection plan and landscape plan. Any tree identified on the approved tree protection plan and/or landscape plan to be saved, that is not saved, must be replaced with the same species on a foot for foot basis. .7. Beaver Dam residence - Final review of a new single-family residence & EHU. Bill 383 Beaver Dam Road / Lot 3, Block 3, Vail Village 3rd Filing. Applicant: Fritzlen Pierce Architects MOTION: Andy Blumetti SECOND: Melissa Greenauer VOTE: 4-0 (Pierce recused) APPROVED WITH 2 CONDITIONS: 2 1. This Design Review approval is contingent upon the approval of a landscape area variance by the Planning and Environment Commission. 2. Tree preservation efforts must continue and the applicant must update the Design Review Board with all preservation efforts and revisions to the approved tree protection plan and landscape plan. Any tree identified on the approved tree protection plan and/or landscape plan to be saved, that is not saved, must be replaced with the same species on a foot for foot basis. 8. Dikeou residence - Conceptual review of proposed remodel. Allison 352 B. Beaver Dam Circle/Lot 5, Block 3, Vail Village 3`d Filing. Applicant: CONCEPTUAL - NO VOTE 9. Dorrance residence - Conceptual review Allison 97 Rockledge Road/Lots 3, Block 7, Vail Valley 1s' Filing. Applicant: Bennett & Jacquie Dorrance CONCEPTUAL - NO VOTE 10. McKeeta residence - DRB review of revised grading and vegetation plan. Brent 1808 Alpine Drive / Lot 14, Vail Village West Filing 1 Applicant: Gordon McKeeta MOTION: Bill Pierce SECOND: Hans Woldrich VOTE: 4-1 (Blumetti opposed) DENIED WITH FINDINGS: Pursuant to the Town of Vail Design Guidelines: 1. The location and configuration of structures and access ways shall be responsive to the existing topography of the site upon which they are to be located. Grading requirements resulting from development shall be designed to blend into the existing or natural landscape. Any cuts or fills shall be sculptural in form and contoured to blend with the existing natural undisturbed terrain within the property boundary. 2. Building siting and access thereto shall be responsive to existing features of terrain rock outcroppings, drainage patterns, and vegetation. 3. Removal of trees, shrubs, and other native vegetation shall be limited to removal of those essential for development of the site or those identified as diseased. 11. Kelton residence - Final review of proposed additions. Bill 1034 Homestake Circle/Lot 5, Block 6, Vail Village 7m Applicant: MOTION:Melissa Greenauer SECOND: Clark Brittain VOTE: 5-0 APPROVED Staff Approvals Antler's units 514, 515, 516 - Interior loft additions. Brent 680 Lionshead Place/Antler's Condominium. Applicant: Antler's Condominium Association 3 Sitzmark Lodge - Door replacement. Brent 183 Gore Creek Drive/Lot A, Block 513, Vail Village Filing 1. Applicant: Sitzmark at Vail, 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. 4 TOWN OF VAIL Town Council Critical Strategies Action Plan September 2000- November 2001 Council Status Next Council Point of Contact/ Action Timeline Date Lead Employee Community Alignment & Partnerships ¦ Set Council/VRI 14 month Meeting notes and 4110101 Suzanne Silverthorn retreat matrix tracking format distributed. Agenda preparations underway for second meetinq on 4/10. ¦ Begin report out to community at "Peer 14 month Additional meetings for 2001 TBD Suzanne Silverthorn Resort" meeting to be scheduled ¦ Redefine TOV/VRI Preliminary discussions held Task Force 14 month between TOV Mayor and Bill 4/10/01 Ludwig Kurz Jensen; Council/VRI to clarify Task Force role and structure; then develop appointment process. ¦ Define desired By the end of outcomes by Process to be designed as March staff will Bob McLaurin creating a vivid 14 month next step in constituent have a Suzanne Silverthorn description for 2005, Partnership efforts. framework for Russell Forest 2010, 2015, 2020 creating a vivid description. Morter/Aker/Cole Architects ¦ Consolidate 14 month have done preliminary To Pam Brandmeyer Information Booths designs for the Municipal accommodate Center, which includes not Council agenda, only the current uses, but moved to 4-17 also the consolidated or 4-24. information center, a 2- company fire station, underground parking, and employee housing. 3/23/01 f/dheads/matrix Council Status Next Council Point of Contact/ Action Timeline Date Lead Employee ¦ Work w/ Merchants to define approval 6 month Council to discuss policy Pam Brandmeyer procedures for considerations regarding 3/27/01 Bob McLaurin special events sponsorships 1-70 Noise Abatement 14 montth • Staff preparing cost ¦ Identify Options estimate for wall 5/1/01 Greg Hall ¦ Identify Funding mitigation • Determine to what extent TBD Greg Hall the TOV is willing to fund noise mitigation • Meeting with our CDOT Possibly Greg Hall Transportation 3-23-01 Commissioner, Ludwig & Bob • Policy direction from Council required TBD Town Council ¦ Maintenance Maintain natural Partnership Program with environment and town VR infrastructure Water Quality ¦ Solid Waste ¦ Foster stewardship Everyone & partnership 6 & 14 Noxious Weed rymonths ¦ Achieve Disney • Trip to Disney World standards scheduled for late April. On going ¦ Reinstitute "Adopt-a- Clean Pedestrian Areas Path/Street" ¦ Well lit, clean parking structures 3/23/01 2 Council Status Next Council Point of Contact/ Action Timeline Date Lead Employee ¦ Village Parking 14 month Structural engineering report Nina Timm Structure (retail) complete. $2-4 million to NA Greg Hall stabilize berm. • What size footprint do we buy: 8,100 SF (270 ft. x 30 ft)= TBD Town Council $4M 8,100 SF = $500/SF $2M 8,100 SF = $250/SF OR $11-22 M/acre Council to get public feedback on commercial space built by TOV. ¦ Review Uniform Gary Goodell Building Code and - 14 month Presentation to Council Mike McGee Fire Code occurred on 12/12. Staff 05/22 Tom Moorhead preparing appeals procedure. Greg Morrison ¦ Community 6 &14 Concept paper presented to Facilities Vail month Council on 12/12. Council Center developed wish list on 12/19. 04-03 Russ Forrest Council reviewed financial plan on 3/6. Next step is for Design Team Council to provide direction prepared to on the program and the start 1St week of budget. April 3/23/01 3 Council Status Next Council Point of Contact/ Action Timeline Date Lead Employee Special Events ¦ Solicit input from 6 month Staff to make presentation on 3/27/01 Pam Brandmeyer event organizers 3/27. Bob McLaurin ¦ Identify additional venues 6 month on going 6 month Currently available venues identified and occupancy 4/03/01 Mike Vaughan load to be determined for each site by 3/31 Wayfinding Greg Hall ¦ Approve drawings 6 month Substantially complete Suzanne Silverthorn Phase-one signs will be 4/15/01 Greg Hall ¦ Install upon arrival 6 month delivered in March. Delivery Suzanne Silverthorn of those Phase 1 signs should occur the week of 3/19; Frontage Road signs will be installed after 4/15/01. ¦ Trail identifiers 6 month installed by 7/01/01 ¦ Lionshead Public 6 & 14 Staff has been obtaining April 2001 Russ Forrest Financing month input from Lionshead Bob McLaurin residents on financing Steve Thompson options. The Broomfield case Tom Moorhead has been resolved. Tom M. is reviewing the legal status of this financing tool. 3/23/01 4 Council Status Next Council Point of Contact/ Action Timeline Date Lead Employee ¦ Donovan Park 6 & 14 Pavilion design under TBD George Ruther month way Todd O ¦ Presentation of 4/3/01 Preliminary Design Todd O Development Package. George Ruther ¦ Final Design Development 4/17/01 Todd Oppenheimer Presentation evening George Ruther ¦ Site work to commence on 412101 (or earlier - see 3-20-01 Town Manager's Report.) • Execute project 4/3/01 Steve Thompson financing ($3 million) ¦ Property owner plans on Nina Timm ¦ Ruins 14 month reapplying for the same NA Tom Moorhead development approval Russ Forrest that expired (1/9/01). ¦ Next Housing Authority 4/17/01 meeting is scheduled for April 17th. Options include: Housing district zoning; condemnation- The Ruins & Mountain Bell. ¦ Berry Creek 14 month Town and County staff Nina Timm working on next steps. TBD-Next step Tom Moorhead Auerbach is requesting is with the Russ Forrest County approval to move County forward with design. Both Council and County have identified a preferred development approach. County Commissioners met directly with School Board to discuss issues of road construction. 3/23/01 5 Council Status Next Council Point of Contact/ Action Timeline Date Lead Employee ¦ Buy down program 14 month Staff has been looking for 3 When suitable (3 bedroom units bedroom units. Council must unit is found Nina Timm for families) address appropriate budget for purchases. Units have not been available for amount previously set by council. Meet w/ Commissioners Meeting held with Russ Forrest ¦ Employee 6 month appropriate county staff. TBD Nina Timm Generation Next step involves contact Tom Moorhead with RRC to develop background information for presentation to County and municipalities. Timber Ridge 6 month Housing Ordinance passed 4/17/01 Allison Ochs on 3/6. Planning process will Tom Moorhead ¦ Housing Zone be identified for appropriate District locations for the district. Housing Authority may consider condemnation. Tom Moorhead ¦ Fire Station Bob and John Gulick to 6 month prepare memo summarizing 4/3/01 Bob McLaurin ¦ Decide on fire and framing issues. station locations and staffing. Municipal site consideration 4-17 to Council. or 4-24 ¦ Discuss impact fee proposal to fund fire Discuss possibility of hiring dept. capital projects Rocky Mtn. Group to conduct 4/3/01 and equipment impact fee study. (Tom researching legal issues.) Municipal site consolidation to Council. 4/3/01 Todd O ¦ Red Sandstone/ 14 month . Preliminary design/cost TBD Tom K Gymnastics estimate complete - Facility $350,000. ¦ School District willing to TBD Bob McLaurin cost-share on a 50/50 Todd O. basis. Details of payment to be worked out. VRD has agreed to 3/23/01 6 Council Status Next Council Point of Contact/ Action Timeline Date Lead Employee manage the field. In-town Transportation ¦ NEXT bus system ¦ Review alternatives 6 months installed and being On-going Greg Hall to replace in town implemented; Public Mike Rose shuttle launch ceremony scheduled for 6128101 ¦ Explore possible 14 month funding partners . One custom "quiet " Mike Rose (demo project) muffler installed, results Greg Hall are mixed - Bus 171 ¦ Outlying "next bus" currently unfunded. Mountain Bell ¦ Preliminary cost estimate Nina Timm to Council 3-20-01 RE: Russ Forrest Learning Tree and ABC School new construction. ¦ Financing alternatives can be presented at 417/01 Housing Authority meeting. Summary of Completed Actions ¦ Mission, Vision and Values Statement Posted in Council Chambers ¦ Notification of Town's intent to strengthen partnership with Vail Resorts ¦ Establishment of schedule for monthly Council "walkabouts"; four walkabouts held. ¦ Affordable Housing Zone District drafted and passed by Town Council ¦ Donovan Park Agreement for design services complete ¦ Donovan Park zone change approved ¦ Vail Center 501(c)(3) formed ¦ 1St Community gathering held (peer resort report-out) ¦ 2nd Community gathering held (peer resort report-out) • TOVNRI Retreat held • Completion of special event "shadowing" by Greg Moffet • Parking Pay-in-Lieu revisions completed ¦ Meeting held with Eagle County Commissioners, re: employee generation and capital projects Unfunded Capital Projects ¦ Ruins Housing Project ¦ West Vail Lodge ¦ Information Center 3/23/01 7 ¦ Lionshead Public Improvements ¦ Vail Center Improvements ¦ 1-70 Noise Abatement ¦ Gymnastics Facility ¦ Gore Creek Sediment Clean Up ¦ Consolidated Municipal Site (to include: All current uses plus underground parking, information center, affordable housing , 2 company fire station) ¦ Outlying "next bus" 3/23/01 8 To: Vail Town Council From: Bob McLaurin & Russ Forrest Date: March 27, 2001 Subject Review progress on White River Institute Contract 1. PURPOSE: The purpose of this discussion is to review the progress to date on the White River Institute contract. Attached is a copy of the executed contract. 2. PROGRESS ON SCOPE OF SERVICE The following includes an outline of the contract and staff analysis of the completion with each task shown in italics. Task 1/Concept Refinement: This task involves refining the concept of the various uses and how they will interface. Specific actions include: 1.A. Develop messages: The WRI has organized a very professional communication team lead by Suzanne Silverthorn. The WRI has also been able to obtain, at no cost, the professional services of Linda Hill to assist with messaging. Full implementation of this communication plan is intended to occur after the Town Council makes a final decision on the program. I.B. Identify stakeholders & potential donors: Through multiple efforts including public meetings, over 100 one on one discussions on a fund raising plan has been completed and potential donors have be indetified. I.C. Communications Plan: Messages have been developed (task 1.A) and the implementation of the communications plan will be fully delivered after a Town Council decision. Many of the messages have been integrated into the concept paper and financial plan. In addition, the WRI and Suzanne Silverthorne have facilitated editorial board meetings and press releases to communicate the concept and the financial plan. This has resulted in generally very favorable editorials. I.D. Focus Groups: Small and large meetings have occurred to further define the concept, build support for the concept, and develop supporters for the project. There have been approximately 6 different public meetings facilitated by the White River Institute to date. 1.E. Field Trips: A coordinated field trip occurred to the Aspen Institute. However, coordinated field trips to other locations have proven difficult due to scheduling conflicts. Sybill Navas and Russ Forrest did visit the Cerritos Center in Cerritos, California. Individuals have visited and collected information on the Richie Center in Denver. John Horan Kates is trying to plan another trip to the Banf Center in Canada. I.F. Concept Paper: A concept paper was delivered to the Town Council in December. It was reviewed on December 12th and was received (as staff understands it) with acceptance. Task 2/Develop a separate non-profit organization: Individuals including council members have agreed to sit on the 501 C-3. All the legal paper work has been completed to form the 501 C-3. The first meeting has not occurred. John Horan-Kates has been waiting for the Council to make a final decision on the uses before that 1St meeting. Task 3/Generate Community Support and a Fund Raising Program: 3.A. Develop the fund raising structure and the various giving levels. This action should be completed by February 28, 2001. This was completed on time. 3.13. Identify and develop campaign leadership for the project. A successful program must include public support that precedes financial commitment. A separate group has been meeting to begin developing a campaign plan for the November election. WRI has lead this effort. The campaign, which is not funded under this contract, would begin in the August time frame. 3.C. Begin securing financial pledges and commitments once the Town Council has firmly decided to proceed with the project. Successful completion of this task shall involve obtaining the financial support of 1-2 founding donors. Many contacts have occurred to develop support for the project. Securing commitments will occur after the Town Council makes a final decision on the program. Task 4/Operational Plan: Assist the Town in developing an operational plan for the facility. This would include helping the Town in developing the financial and operational plan for the facilities assuming they are created. An operational plan has been completed and was included in the materials on March 6th. Additional detail on operational parameters is being developed and will be presented to Council on April 3'd. 3. PAYMENT TO THE WRI The total contract amount is $128,740. The Town has paid 50,000 in professional fees and $20,283 in reimbursable costs. Additional payment will occur when the 501 c-3 has met and tangible donors are being identified. \\VAIL\DATA\cdev\COUNCIL\MEMOS\01 \comfacWRI327.doc (io `cZ\0-HL40 -33-c-0 C TOWN OF VAIL & WHITE RIVER INSTITUTE COMMUNITY FACILITIES AGREEMENT THIS AGREEMENT is entered into on August 2000, by and between the Town of Vail, a Colorado municipal corporation ("the Town") and the White River Institute, a Colorado non-profit corporation ("the Institute"). WITNESSETH The Town envisions creating an extraordinary network of facilities that will be a bold attraction for residents and guests that will solidify Vail's standing as a world-class community and resort. As a result of a Town and Vail Recreation District public process initiated in February of 1999, a variety of facilities were identified as amenities appropriate for the Town. The Town Council and the Vail Recreation District Board have decided to move forward and explore the creation of the following opportunities: learning/meeting/performing arts Center, 2nd Sheet of Ice, and, a family activity center. These facilities will provide a wide range of recreational, educational. and cultural opportunities. To make this project a reality it is necessary to develop public-private partnerships to support and fund it. The purpose of this agreement is to establish a relationship with the Institute to,further refine these concepts, create a plan to integrate the uses, and develop the fund raising program for the public uses identified in this agreement. The White River Institute is an Eagle County based non-profit; organization whose mission is to design, support and implement learning opportunities, personal development, and community building activities, programs and events. John Horan-Kates, a Iong.lime county resident, serves as President of the Institute. He has a track record of success in mobilizing support of community resources for significant projects. The Board of Trustees consists of a wide range of locally and nationally recognized professionals who commit their experience, time, finances and efforts in support of the valley wide community. NOW, THEREFORE, the parties mutually agree as follows: 1. SITE DESCRIPTIONS The sites are located within the Town and are specifically identified as: a. The charter bus lot; b. Dobson Arena (interior improvements) C. Library (potential to consider a second floor) d. South side of Lionshead parking structure e. Lionshead parking structure F:\Everyone\Jef \Comfac\Contract 1 2. PROJECT OBJECTIVES The following objectives shall be achieved in developing the overall community facilities program: 1) The facilities programming will build upon the community facility ideas and utilize lands that have been identified through the Vail Tomorrow, Common Ground, Lionshead Master Plan, and other community processes. 2) The facilities programming will complement both recreational (e.g., skiing and mountain sports) and cultural (e.g., art, performing arts) amenities that exist in the Vail Valley so as to create a world class network of community facilities in the Valley that enhance our community and resort economy. 3) The facilities shall be outstanding in their design and programming. Residents and guests alike will be drawn to Vail because of their quality and uniqueness. 4) The facilities will be designed to serve both Vail Valley residents and guests. 5) Public-private partnerships will be pursued to support and finance the development of the facilities. 3. SCHEDULE AND SCOPE OF SERVICES Task 1/Concept Refinement: This task involves refining the concept of the various uses and how they will interface. Specific actions include: 1.A. Develop messages: Based on the ideas and public input that has been, and will be, generated, develop a series of talking points and key messages that can be communicated to individuals and focus groups. This should also include developing a list of frequently asked questions and communication material. 1.B. Identify stakeholders & potential donors: Identify critical individuals and groups that should be involved in the refinement of the concept and may also be potential donors for the community facilities. This action shall involve developing a database of names and contacts. 1.C. Communications Plan: Develop and implement a communications plan for the community and the individuals identified in 1.B. 1.D. Focus Groups: Organize small group meetings with stakeholders, community members, and potential donors to communicate the concept, work-to-date, and to solicit their involvement in refining the concept. This would also involve identifying and soliciting the input of potential donors for the facilities. Stakeholder participants shall represent a broad spectrum of the community. 1.E. Field Trips: Plan and conduct trips to other comparable facilities (e.g., Aspen Institute, Cerritos, Banff Center, Richie Center). F:\Everyone\Jeff\Comfac\Contract 2 1.F. Concept Paper: Develop a concept paper for the Vail Town Council's consideration that discusses how an educational function would work with the meeting center and the other recreational and cultural uses. This paper should help illustrate an overall vision for the facilities, description of how all the uses will work together, and suggest a name for this civic center. Task completed within: Within 90 days of signing this agreement. Task 2 Develop a separate non-profit organization: This task involves developing the 501(c)(3) structure and then successfully filling the officer and director positions in this new organization. 2.A. Develop the 501 C (3) structure and engage the necessary resources (legal and financial) to facilitate this step, including filing an application for exempt status with the IRS. 2.B. Identify individuals to serve on this Board which will include participation by the Vail Town Council. 2.C. Initiate 501 C (3) board meetings. 2.D. Continue to add to the involvement of the 501@ (3) Task completed within: 60 days from the award of a contract Task 3 Generate Community Support and a Fund Raising Program: 3.A. Develop the fund raising structure and the various giving levels. This action should be completed by February 28, 2001. 3.B. Identify and develop campaign leadership for the project. A successful, program must include public support that precedes financial commitment. 3.C. Begin securing financial pledges and commitments once the Town Council has firmly decided to proceed with the project. Successful completion of this task shall involve obtaining the financial support of 1-2 founding donors. If the Town Council approves a second year contract, the second year goals will be identified to raise funds in private and corporate giving contingent upon public funding approval. The payment schedule would be negotiated as part of a new contract. F:\Everyone\Jef \Comfac\Contract 3 Task 4 Operational Plan: Assist the Town in developing an operational plan for the facility. This would include helping the Town in developing the financial and operational plan for the facilities assuming they are created. A draft shall be completed by the end of February 2001, and a final plan shall be completed by the end of March 2001. This task will involve significant input and direction from the Town of Vail. Task 5: Council & Staff Updates: Review progress on this scope of service and next steps with the Vail Town Council on a bi-weekly basis. This update can be in the form a verbal presentation or a written overview of progress and planned next steps. More frequent biweekly updates with the Town Manager and the Director of Community Development is also required to effectively coordinate activities. 4. PERSONNEL The Institute agrees that the principal person responsible for the performance of this project will be John Horan-Kates. The Institute agrees that no substitute of this key person shall be made without the prior approval of the Town. John Horan-Kates will call upon other members of the Institute to bring their individual expertise and support to the program. The Institute represents that its personnel engaged in this project are fully qualified and properly trained to perform the services related to this Agreement. None of the services provided for in this Agreement including personnel shall be modified without the prior written approval of the Town. 5. TIME OF PERFORMANCE The services set forth above shall commence on the date of this agreement and run for 1 year from that date. All tasks shall be completed to the Town's satisfaction within 1 year of the date of this agreement. 6. GRANT The Town is making an unrestricted grant to the Institute for the purposes of its general growth and development recognizing its potential as a community-based educational organization. The total grant in connection with of this scope of service shall not exceed $100,000. Grant funds shall be released on the following schedule: Payment 1: Release of $50,000 upon on the initiation and full pursuit of Tasks 1-A through 2-D. F:\Everyone\Jeff\Comfac\Contract 4 Payment 2: Release of $25,000 upon the initiation and full pursuit of Tasks 3-A through 3-C. Payment 3: Release of $25,000 upon the initiation and full pursuit of Task 4. The Town of Vail will pay for reasonable expenses as approved by the Vail Town Manager in his/her reasonable discretion. The total cost for reimbursable expenses shall not exceed $28,740 including in-kind services that reduce reimbursable costs. No funding from the Town of Vail shall be used for a political campaign and shall not be used to support any 501 ©(4) that is developed for the community facilities project. The Town recognizes that the Institute may interface with a 501 c (4) formed by other parties to support this project. The Town will pay the Institute within thirty (30) days of an invoice submittal if the Institute has successfully initiated and shown significant progress in implementing the tasks as outlined in Section 3 of this agreement. 7. DOCUMENTS & DATABASES The concept paper produced by the Institute to fulfill the terms of this agreement shall become the property of the Town. The data base developed by the Institute shall become the joint property of the Town and the Institute and each party shall be allowed full use and access to it regardless of which party is maintaining the data base. This agreement does not create rights to own or use the intellectual property of the Institute or individuals or groups consulting with the Institute. The Center for Leadership and its attendant programs remain the exclusive intellectual property of the WRI." 8. INDEPENDENT CONTRACTOR The Institute is an Independent Contractor, and nothing contained in this Agreement shall constitute or designate the Institute or any of the Institute's employees as agents or employees of the Town. Further, it is agreed that: A. The Town does not require the Institute to work exclusively for them; B. The Town for whom the services are to be performed, does not establish a quality standard for the Institute; C. The Town may supply personnel, documents and plans, identify sites, suggest uses, and provide instructions as to the Institute's work, but will not instruct the Institute as to how the work will be performed; D. The Town can terminate the Agreement if the Institute violates the terms of the Agreement or fails to produce a result that meets the specifications of the Agreement; E. The Town does not provide training for the Institute's employees or workers; F:\Everyone\Jef \Comfac\Contract 5 F. The Town does not dictate the time of performance except that a completion schedule has been established, as referenced above, with which the Institute must comply; G. Payment for services rendered pursuant to this Agreement will be made to the trade or business name of the provider of services, rather than to the individual; and H The Town does not in any way combine their business operations with those of the Institute. THE INSTITUTE AS AN INDEPENDENT CONTRACTOR IS NOT ENTITLED TO WORKER'S COMPFNSATION BENEFITS AND THE CONTRACTOR IS OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY MONIES EARNED. 9. INSURANCE The Institute shall obtain and maintain in force for the term of this Agreement the following insurance: A. Comprehensive general liability (including personal injury) in an amount not less than five hundred thousand dollars ($500,000.00) per individual and not less than one million dollars ($1,000,000.00) per occurrence. ' B. Ensure any subcontractor also has a general liability provision (including personal injury) in an amount not less than five hundred thousand dollars ($500,000.00) per individual and not less than one million dollars ($1,000,000.00} per occurrence. 10. NO WAIVER No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver of any other provision of this Agreement, no such waiver shall constitute a continuing waiver unless otherwise expressly provided, nor shall the waiver of any default of the terms of this Agreement be deemed a waiver of any subsequent default. 11. INDEMNIFICATION The Institute agrees to indemnify and save the Town, its officers, directors and employees harmless from and against losses, claims, demands, liability, damages, actions or causes of action of every kind and nature, including court costs reasonable attorney's fees, defending such claim, which may be brought or asserted against the Town, its agents or employees to the extent caused by the negligent acts, errors, or omissions of the Institute in the performance of this Agreement. F:\Everyone\Jeff\Comfac\Contract 6 12. TERMINATION The performance of the work provided for in this Agreement may be terminated at any time in whole or, from time to time, in part by the Town for its convenience. Any such termination shall be effected by delivery to the Institute of a written notice specifying the date upon which termination becomes effective. This Agreement may also be terminated by the Institute in the event of a material default of any of the terms and of this Agreement by the Town, provided the Institute has first provided the Town with written notice of the default and the Town shall have failed to cure the specified default within one (1) day of receipt of the notice. The Institute may also, in sole discretion, terminate this agreement if the "learning center" components of the project become insignificant. In the event of termination, the Institute shall be paid on a pro-rata basis for work satisfactorily completed prior to the date of termination and for approved expenses prior to the date of termination. 13. JURISDICTION. VENUE. ATTORNEY FEES The jurisdiction and venue of any suit or cause of action to enforce the terms of Agreement shall lie in Eagle County, Colorado. Should either party to this agreement bring suit to enforce this agreement, it is agreed that the prevailing party shall be entitled to recover its costs, expenses and reasonable attorney fees. A prevailing party is a party that shall have obtained a final judgement or order no longer subject to appeal. In the event of a settlement before final adjudication, both parties shall bear their own respective costs, expenses and attorney fees unless otherwise agreed. 14. NOTICE Any notice provided for in this Agreement shall be deemed given if received by the parties at the following addresses: Town of Vail ATTN: Russell Forrest 75 S. Frontage Rd. Vail, Colorado 81657 ph (970) 479-2146 Email: Tussell@vail.net Institute White River Institute ATTN. John Horan-Kates PO Box 6447 Avon, Co 81620 15. ASSIGNMENT This Agreement is for expert services of the Institute that may not be assigned without the prior written consent of all parties to this Agreement. F:\Everyone\Jeff\Comfac\Contract 7 e 16. COMPLIANCE WITH LAW The Institute will not perform any of the services provided specified in this Agreement contrary to any local, state, federal, or county law. 17. SEVERABILITY Should any section of this Agreement be found to be invalid, all other sections shall remain in full force and effect as though severable from the part invalidated. 18. DISCRIMINATION The Institute shall not discriminate against any employer or applicant for employment because of disability, race, color, age, sex, religion, or national origin. 19. INTENTION OF THE PARTIES This Agreement contains the entire intention of the parties and may only be changed by a written document signed by the parties. 20. EXECUTION The parties have executed this Agreement on TOWN OF VAIL, a Colorado. municipal corporation .;5`St14U110011111/rylp' ~4~9.r,t>'.,,~,,.;~r By: F#oberf W. McLaunn, Town Manager 13 Attest AP ei Donaldson, Town Clerk, Corr ~U/Ily~ 0 1 ~r•`af:il1E!~i.114_i:. WHITE RIVER INSTITUTE, a Colorado non-profit corporation B, er a ' John Horan Kates Prin Title: F:\EvervoneUeff\Comfac\Contract 8