HomeMy WebLinkAbout2001-04-03 Support Documentation Town Council Evening Session
VAIL TOWN COUNCIL
EVENING MEETING
TUESDAY, April 3, 2001
7:00 P.M.
TOV COUNCIL CHAMBERS
NOTE: Times of items are approximate, subject to change, and cannot be relied
upon to determine at what time Council will consider an item.
1. CITIZEN PARTICIPATION (5 min.)
2. ITEM/TOPIC: Presentation of Preliminary Design
Todd Oppenheimer Development Package/Donovan Park (30 min.)
3. Approval of February 6 and 20, 2001 minutes
Approval of March 6 and 20, 2001 minutes (5 min.)
4. ITEM/TOPIC:
George Ruther First reading of Ordinance No.8, Series of 2001, an ordinance
amending Section 12-71-1-7 of the Town of Vail Zoning Regulations 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; and setting forth details in regard thereto. (10 min.)
ACTION REQUESTED OF COUNCIL:
Approve, approve with conditions, or deny Ordinance No.8, Series of
2001, on first reading.
BACKGROUND RATIONALE:
On March 26, 2001, the Town of Vail Planning & Environmental
Commission voted unanimously to recommend approval of the
proposed text amendments to the Vail Town Council. A copy of the
staff memorandum to the Planning and Environmental Commission,
dated March 26, 2001, has been attached for reference.
5.
Tom Moorhead
ITEM/TOPIC: First reading of AN ORDINANCE CORRECTING
ORDINANCE NO. 23 SERIES OF 2000 AMENDING THE OFFICIAL
ZONING MAP FOR THE TOWN OF VAIL IN ACCORDANCE WITH
TITLE 12, ZONING REGULATIONS, CHAPTER 5, ZONING MAP; RE
ZONING THE "VAIL GOLF COURSE CLUBHOUSE SUBDIVISION"
FROM OUTDOOR RECREATION (OR) DISTRICT TO GENERAL
USE (GU) DISTRICT. (15 min.)
ACTION REQUESTED OF COUNCIL: Consider Adoption of
Corrected Ordinance.
BACKGROUND RATIONALE: On November 7, 2000 the Vail Town
Council approved, on second reading, Ordinance 23, Series of 2000,
which amended the official Zoning Map and rezoned the "Vail Golf
Course Clubhouse Subdivision" from Outdoor Recreation (OR) District
to General Use (GU) District. The minutes of Council's consideration
are attached. Also attached is the Ordinance as executed and on file
in the Town of Vail. This Ordinance is not consistent with Council's
findings and the motion made by Greg Moffet, seconded by Sybil
Navas and passed unanimously by the Vail Town Council. The
document, as signed, did not contain the appropriate Section 1, which
included findings of fact, or Section 2, which contained conclusions of
law.
The Ordinance as published in the Vail Trail on November 10, 2000
is also attached and while it contained the findings of fact in Section
1 and the conclusions of law in Section 2, it failed to contain the legal
description in Section 3.
Due to the inconsistencies, we are offering a correction Ordinance to
be passed on two readings and appropriately published in the Vail
Trail, so that the Council's findings are properly reflected in the record
of its proceedings.
STAFF RECOMMENDATION: Approve Ordinance No. 9, Series of
2001.
6. Second reading of Ordinance #5, Series of 2001. (5 min.)
Allison Ochs ITEM/TOPIC:
First reading of Ordinance #5, Series of 2001, an ordinance amending
the Town Code, Title 12, Chapter 13, to allow for corrections to the
Employee Housing Regulations; Chapter 21, to allow for corrections
to the Hazard Regulations; Chapter 15, to allow for corrections to the
Gross Residential Floor Area Regulations; Chapter 2, to allow for
corrections to the definition chapter and for the addition of a definition
of "owner"; Chapter 6, to allow for clarification to the 425 credit;
Chapter 7, to allow for clarification to the PA Zone District; and Title
13, Chapter 2, to allow for clarification to the definition of
"subdivision"; and Title 8, Chapter 3, to allow for clarification of the
Department of Public Works role in the issuance of right-of-way
permits and setting forth details in regard thereto.
ACTION REQUESTED OF COUNCIL:
Approve, approve with conditions, or deny Ordinance #5, Series of
2001, on first reading.
BACKGROUND RATIONALE:
Through the review process of various zoning applications, problems
arise with specific code sections that are not clear to either applicants
or staff. This often occurs with zoning code amendments, changes
in procedures, or errors in codification. Therefore, staff periodically
returns to the Planning and Environmental Commission and to the
Town Council to "clean-up" the Zoning, Subdivision, and Sign Codes.
These amendments are not to amend the substantive content of the
code, but to "clean-up " errors and clarify sections of the code. None
of the proposed amendments result in a change of policy. The
Planning and Environmental Commission recommended approval of
the text amendments at their February 12, 2001, meeting. The Town
Council tabled this item at the March 20th meeting. The amendments
to the Town Code included in this memorandum are described in the
staff memorandum.
STAFF RECOMMENDATION: The Community Development
Department recommends that the Town Council approve Ordinance
#5, Series of 2001, on first reading
7.
Steve Thompson ITEM/TOPIC: Second reading of Ordinance #7, Series of 2001, a
supplemental ordinance making supplemental appropriations and
budget adjustments from the Town of Vail Heavy Equipment Fund,
Real Estate Transfer Tax Fund, General Fund, Capital Projects
Fund, of the 2001 Budget and the Financial Plan for the town of
Vail, Colorado; and authorizing the expenditures of said
appropriations as set forth herein; and setting forth details in regard
thereto.
(5 min.)
BACKGROUND RATIONALE: The second reading of the
supplemental appropriation has been increased by $191,306. This
increase in the supplemental is due to audit adjustments that
increase the rollforward amounts for three of the projects included.
The three projects were the third sheet of ice, parking structure
maintenance improvements, and the North Trail Townhomes
project.
The first supplemental appropriation is primarily needed to fund
projects that take more than one year to finish. The amount
budgeted in a prior year, but unspent, is what is referred to as the
roliforward amount. Out of the proposed $2.7 million in
supplemental appropriation, $2.1 million is funded by unspent
budgets from 2000 with the balance of the supplemental
appropriation at $602,571. The largest projects included in the
$602,751 requiring additional monies include: 3rd sheet of ice,
$150,000; smart bus technology, $250,000; Vail Center design,
$235,000. The enclosed schedule should help clarify the details of
the supplemental appropriation. The $87,000 for RETT collection
costs was on the schedule of RETT expenditures that the Town
Council approved for the 2001 budget, but the amount was
inadvertently excluded from the appropriation.
We ended the year 2000 with healthier fund balances than
anticipated by the following amounts: (Unaudited)
General Fund $1.3 Million
Capital Projects Fund $1.4 Million
RETT Fund $1 Million
Heavy Equip Fund $204,247
Based on the above amounts, there is adequate savings to fund
these supplemental appropriations. The Capital Projects Fund is
the only fund where the supplemental appropriation exceeds the
unanticipated prior year fund balance increase of $1.4 million.
8. ITEM/TOPIC: Winter Festival Funding (Spaeth Design). (10 min.)
Todd Oppenheimer
BACKGROUND RATIONALE: On March 20, Council heard a
proposal for design of a Winter Festival through the Concept
Phase. This included:
- Spaeth would bring their team to Vail for one (1) intense week, at
the end of which Spaeth would present their ideas in story-board
form.
- After receiving feedback from Council, Spaeth would return to
New York to fine tune and/or modify their concept.
- Final presentation of the Winter Festival Concept would be
approximately 30 days after.
Issues critical to this start up phase include timing. Spaeth is
interested in assembling not only their internal team but they would
like to get a respectable representation of Council, storeowners,
hoteliers, and general business license holders in the community.
They would suggest a week ending on "Tuesday," so the story
board presentation could be made to the Town Council. Not
wishing to schedule over Easter weekend, this would involve
moving past the close of the ski season. Unfortunately, that also
coincides with the month of May, traditionally a time when a
majority of business license holders are out of town.
The cost of this Concept Phase for the Winter Festival: $85,000.
9. Colorado Open Request for Funding. (15 min.)
David Edmiston BACKGROUND RATIONALE: The Vail Valley Tourism
Frank Johnson andConvention Bureau (VVTCB), on behalf of the 38th Annual First
Data Colorado Open Golf Tournament, is requesting a contribution
of $7,500 specific to the following "Vail components" of this event:
- "million dollar hole in one" contest which will run 7 days at the
Vail Golf Course
- Vail Valley Foundation will be partnering with the Colorado Open
to host a Friday night concert at the Ford Amphitheater
- Direct mail effort to "invite" past spectators to Vail lodges during
the event
- Current discussion of a potential golf "teach-a-thon" to be held at
the Vail Golf Course during the week of Open
10. Town Manager's Report. (5 min.)
Bob McLaurin
11. Adjournment (8:45 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, 4/10101, BEGINNING AT 2:00 P.M. IN TOV COUNCIL
CHAMBERS.
THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION
WILL BE ON TUESDAY, 4117/01, 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.
DONOVAN PARK COMMUNITY FACILITIES
NET OPERATING COST ANALYSIS
INTRODUCTION
Economics Research Associates (ERA) has been retained by the Town of Vail
under a sub-contract to Odell Architects to analyze the on-going annual operating costs
and revenues for the proposed community facilities at the Donovan Park site. The
purpose of this analysis is to provide a working operating budget that serves to inform the
Town of Vail of the annual operating subsidy that will be required as a result of the
programmatic use and on-going operating and maintenance costs of the proposed
facilities.
The development proposal for the site is still undergoing its community design
review process. The final plan, as determined by this process, may contain a different
combination and configuration of the proposed uses. Therefore, it is important to note
that the following analysis is based on a development proposal that contains the
following amenities:
* A r{::C:3"ee3tl.onl i budding, oi' epprS); irniat°ely 1.42,000 °iguar lee , that. `r::il 11€,)use
the V;-i9 RG<«.re,,it1€'I' Districts (VA`iD) gym ac4stics p£'+./9'nan,.,
* .`,,11- `dra'.it's s`;,mty5`r".~+, I3
Youth Fal?~:9i°~)frox~Il`mtely ~~.{.i00 square f,:-et, that z kly flfl. llhoase
c~~ ~`cl.T1
,,:iii. and ofli yS' V RD eYT vices pr1L~g~„A~&$ms. which i.nc L5Y. es Li craft lie` rn.
room 'for cmiamuniny use'.
• A community pavilion, of approximately 6,500 square feet, that would be
available for weddings, community meetings, children's theatrical
performances, small-scale concerts, and other community/cultural activities;
• A regulation-size playing field which can be used for soccer, lacrosse, and
other sports;
• A recreation path along Gore Creek; and
• A community playground.
The division of management and maintenance responsibilities for the facilities at
Donovan Park has yet to be determined. The Town of Vail contains two unique
departmental entities that manage park and recreation functions within the Town: the
Economics Research Associates 1
VRD and the Town of Vail Public Works Department, Parks Division. These two
entities are run under separate operating budgets with separate sources of funding. At the
present time, the VRD manages active recreation programs on Town of Vail property.
The VRD is responsible for the utilities and maintenance costs of all of the outdoor
facilities and only a portion of the enclosed Town of Vail properties that they use. The
Parks Division is responsible for maintaining all park lands that are not under VRD
jurisdiction.
In this analvsis, ERA assumed that the VRD would be responsible for all costs
related to the gymnastics facility, the children's center, and the sports playing field. The
Parks Division would assume responsibility for the community pavilion, the recreation
path, the playground, and all costs related to the upkeep of the grounds of Donovan Park
(including landscaping, snow removal, and public bathroom maintenance). The
ultimate division of management responsibilities between the VRD and the Parks
Division may differ from the above assumption. However, it is unlikely that a
different division of responsibilities would have a major impact on combined
operating costs or revenues in a stabilized year of operation.
FACILITIES COMPARABLE TO THE PROPOSED COMMUNITY PAVILION
This section examines the operating characteristics of community meeting/event
facilities that are similar in nature to the proposed community pavilion in Donovan Park.
Included in this section are reviews of stand-alone community meeting/event facilities
and community meeting rooms located within public recreation centers in Eagle and
Summit Counties. The information presented in this section serves as the basis for
ERA's projection of operating costs and revenues for the proposed community pavilion.
A summary table of operating characteristics of the comparable facilities is presented in
Table 1.
Eagle-Vail Community Pavilion
The Eagle-Vail Community Pavilion is located in the Town of Eagle-Vail,
adjacent to its public golf course and skating rink. The 3,000 square foot pavilion
consists of an attractive wood structure with large windows overlooking the nearby pond
and golf course. The pavilion is flanked on two sides by a large deck, which serves as
overflow capacity for large events. While the interior capacity of the pavilion is 150
people, it has housed events of up to 350 people using the deck space. The pavilion
Economics Research Associates 2
contains a 200 square foot working kitchen with a small stove and a warming oven. The
oven is a recent addition to the kitchen and cost $30,000 to install.
The Eagle-Vail Community Pavilion is managed through the Eagle-Vail golf
clubhouse, Mulligans. The manager of Mulligans handles all bookings for the facility
and offers optional catering service through the clubhouse restaurant. People who book
the facility are given a digital combination to the door prior to their event. All set-up and
breakdown functions, including cleaning the bathrooms, are the responsibility of the
renter. Rental equipment (chairs and tables) are left out in the pavilion for the user to
arrange. If the breakdown of the event is not completed to the manager's satisfaction, a
cleaning service is hired and the total cost is billed to the renter. This system has worked
well for Eagle-Vail over the past few years and has resulted in minimal staffing needs for
the facility. The manager of Mulligans stated that less than ten percent of his time is
spent managing the pavilion and no other full-time staff are needed.
A graduated rate system is charged for the rental of the facility depending on the
type of user and the day of the week. Schools, charities, churches, and community non-
profit users are charged $100 mid-week, $350 on Friday or Sunday, and $500 on
Saturday. The remainder of the users are charged $250 mid-week, $500 on Friday or
Sunday, and $750 on Saturdays. Tables and chairs are rented out for a nominal fee to
cover maintenance and replacement costs; table rentals are $5 each and chair rentals are
$1.50 each. No preference is given to Eagle-Vail residents; the facility is booked on a
first-come, first-served basis.
Although the facility does minimal marketing, it has been successful in getting
bookings through word-of-mouth. It is typically booked for the majority of the weekends
between May and September for private parties and weddings. During the week,
community members rent out the building for meetings or other events. Additionally, the
facility is rented out to class instructors for weekly dance and karate classes. Although
the Eagle-Vail. Community Pavilion primarily serves the local market, some Denver
residents book the facility for their events during the summer season. During the fall and
winter seasons, the facility does not get much use. Winter tourists typically prefer hotel
spaces within ski resorts for their events during this season because it eliminates the need
to transport people to an event during snowstorms and icy road conditions.
In a typical year, the total cost of operating the Community Pavilion is between
$30,000 and $40,000. In 1999, the breakdown of operating costs were as follows:
Economics Research Associates 3
• $7,700 in utility costs, including water, gas, electric, telephone, and trash
removal;
• $3,100 in building repairs and maintenance;
0 $20,200 in janitorial labor and supplies. This includes having a person check
on the facility on a daily basis and keep it clean between bookings;
• $1,200 in marketing;
• $500 in supplies and other miscellaneous costs;
Total revenues in 1999 were $33,200, which includes $28,200 in building rentals and
$5,000 in equipment rentals. The net operating income for the facility in 1999 was $400.
The manager of Mulligans projects that the facility is likely to come close to breaking
even again in 2000. Utilization has increased slightly but costs have gone up
accordingly.
Edwards-Singletree Community Pavilion
The Edwards-Singletree Pavilion is located in Singletree adjacent to the golf
course and public park. The facility is owned by the Metro District and consists of a
4,000 square foot wooden structure that contains a lobby, a small boardroom, an exercise
room for Singletree residents, and a 2,500 square foot multi-purpose event room. The
building was built in 1997 at a total cost of $650,000. Similar to the Eagle-Vail Pavilion,
the event room has windows overlooking the golf course and large deck that can be
directly accessed through the room. A small kitchen of about 120 square feet is located
off the event room and contains a dishwasher and a refrigerator but no oven or food
warming facilities. The event space has the capacity for approximately 150 people.
The Edwards-Singletree Community Pavilion is managed by Metro District staff
and subsidized through property taxes. A Metro District staff person spends about ten
percent of her time booking the facility. Additionally, one janitorial staff person spends
one-third of their time providing access to the facility for renters and checking on the
building on a daily basis. All set-up and breakdown functions, including cleaning the
bathrooms, are the responsibility of the renter. If the breakdown of the event is not
completed to satisfaction, a cleaning service is hired and the total cost is billed to the
renter.
Economics Research Associates 4
A graduated rate system is charged for the rental of the facility depending on the
time slot and the day of the week. Mid-week rates are $65 from Sam to 12pm, $90 from
12pm to 5pm, and $115 from 5pm to l Opm. On weekends, the rates are $115 from Sam
to 12pm, $165 from 12pm to 5pm, and $215 from 5pm to 1 Opm. The boardroom is used
for Metro District meetings only and is not rented out to the public. The facility does no
marketing and relies solely on word-of-mouth to attract potential users. Consequently, it
has not been heavily utilized since its opening three years ago. During the peak summer
season, typically only 50 percent of the weekends are booked. The events held in the
facility include wedding receptions, school functions, and family reunions. Midweek use
is even lighter and consists primarily of community meetings and studio athletic classes.
The facility is not used much during the fall and winter seasons.
In a typical year, the total cost of operating the facility is about $24,000. In 1998,
which is the latest year available, the breakdown of operating costs for the Edwards-
Singletree Community Pavilion were as follows:
• $3,500 in utility costs, including water, gas, electric, telephone, and trash
removal;
• $1,100 for snowplowing;
• $9,600 for a janitor to check on the facility on a daily basis, provide access to
renters, and keep it clean between bookings;
• $10,000 in supplies, maintenance, and other miscellaneous costs;
Total revenues in 1998 from building rental were only $11,900. The facility required
approximately $12,000 in subsidy in 1998. According to the Metro District, the total
subsidy required to operate the facility will like decrease in the future as word-of-mouth
about the facility spreads and utilization increases. They expect the facility to continue to
operate at a loss for the next few years.
Proposed Silverthorne Town Center
The proposed Silverthorne Town Center is a community event center that will
serve as a venue for community performances, meetings, and special events. The project,
which will break ground in June 2000, consists of a 4,400 square foot flat floor
auditorium with a removable stage, a 1,200 square foot mezzanine, a 475 square foot
kitchen with a walk-in cooler but no food warming capabilities, a grand lobby, and four
Economics Research Associates 5
retail storefronts. The total estimated development cost for the project is $18 million,
which includes a pedestrian bridge connection to the Silverthorne outlet malls.
The Town estimates that the total operating budget for the Town Center will be
$96,000 per year. Facility rental fees and the retail leases are expected to cover all but
$30,000 of the annual operating costs in the first few years of operations. The Town
plans to minimize janitorial costs by requiring the retail establishments to maintain the
lobby and common areas. For the first year of operation, the Town will manage the
facility using existing staff time. Following that initial period, the Town plans to re-
evaluate their staffing needs and hire full-time designated staff for the facility, if needed.
The proposed facility rental rates are $225 for the first day, which includes set-up
and breakdown staffing, and $80 for each additional rental day, as long as no additional
set-up staffing time is needed. These rates are set to cover the staff and utility costs
during the rental period and not to bring in any additional profit. Non-profit school and
community groups will be given the facility at no charge whenever possible and will have
first priority for all facility reservations. The Town is hoping to find a performing arts
sponsor who will arrange for outside performances and help cover some of the operating
deficit of the facility. Until one is found, the Town will subsidize the facility using tax
revenues.
Silverthorne Recreation Center Community Room
The Silverthorne Recreation Center contains a 1,500 square foot multi-purpose
community room that is used for community meetings and special events. The room has
the capacity for 90 people seated theater-style. It has a moveable partition that allows it
to be divided into two separate spaces, each with access off the main lobby. A 140
square foot, fully functional kitchen area is located within the multi-purpose room and
contains a refrigerator, oven, and dishwasher.
The rental room is primarily used for community meetings such as homeowners
associations, school groups, and birthday parties. Residents and non-profit users are
given favorable rates for the facility. Additionally, a slightly higher hourly fee applies to
users who charge admission for entrance (such as craft fairs or seminars). Rental rates
range from $ 5 to $15 per hour for one half of the room to $10 to $15 per hour for the
whole room. A one-time set up and clean-up fee of $10 to $15 is charged to the user in
addition to room rental fees.
Economics Research Associates 6
The recreation center does not have a designated staff member assigned to the
community room. The recreation center's front desk staff handle the bookings as part of
their day-to-day responsibilities. The director of the recreation center estimates that staff
spends between eight to ten hours a week managing the community room. A detailed
line item budget for the recreation center was not available, so ERA estimated total
operating costs and revenues for the community room based on a consolidated operating
cost and revenue statement for the recreation center. ERA estimates that the community
room costs approximately $8,000 to maintain and brings in about $8,000 in revenues,
essentially breaking even.
Breckenridge Recreation Center Community Room
The Breckenridge Recreation Center contains a 1,890 square foot multi-purpose
community room, which is used as day camp in the summer. In the evenings and during
non-summer months, the room is used for scuba instructional classes, community
meetings, and special events. The room has the capacity for about 175 people seated
theater-style. It has a moveable partition that allows it to be divided into two separate
spaces, each with access off the main lobby. Half of the room is carpeted; the other half
has a linoleum floor to allow for children's craft activities. Adjacent to the room is a
small, fully functional kitchen area, which contains a refrigerator, oven, and dishwasher.
The kitchen is primarily used for children's cooking projects and for set-up space for
potluck functions.
The typical events that take place in the community room are homeowner
association meetings, community functions, and children's birthday parties. A special
birthday party package is available which includes use of the leisure pool and a one-hour
rental on the community room. Residents and non-profit users are given favorable rates
for the facility. Rental rates range from $20 to $24 per hour for one half of the room to
$40 to $48 per hour for the whole room. An additional fee of $25 to $30 is charged for
the use of the kitchen
The recreation center does not have a designated staff member assigned to the
community room. All recreation center staff handle the bookings as they come in. In
total, staff spends about five hours a week managing the community room. A detailed
line item budget for the recreation center was not available, so ERA estimated total
operating costs and revenues for the community room based on a consolidated operating
cost and revenue statement for the recreation center. ERA estimates that the community
Economics Research Associates 7
room costs approximately $8,000 to maintain and brings in about $10,000 in revenues,
bringing in a slight profit of $2,000 per year.
PROJECTED OPERATING COSTS AND REVENUES
Methodology
The projected operating costs and revenues for the community facilities at
Donovan Park, with the exception of the community pavilion, are based on the VRD
Fiscal Year 2000 budget and interviews with staff from the VRD Administration, Youth
Services, Sports, and Park Maintenance branches and staff from the Town of Vail Public
Works Department, Parks Division. Projected operating revenues and costs for the
community pavilion are estimated based on the operating budgets of comparable
facilities in Eagle and Summit Counties. Utility and building maintenance cost
projections are estimated based on existing facilities owned by the Town of Vail. (Note:
the costs described in this section are temporary best-guess estimates by ERA and
still need to be refined).
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Ti;i 't1 4: xeti'.17 ? s;•(:ticm onithnes in detail file pr{ iect} d. addi(:onal costs and
m11 be accrued to t1?.i.. C if~.rem € raac ie: of the V.tt.D as a resLdt oil tile
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Economics Research Associates 8
H r 1P I,:a; oe S15,000 inure per ;:a to i~ , . :r('..,. € is <s.:,iwd,.,ent.. c`t hrm
I over ON Year 2000 biicigei, "I
cogs :r, nE.>".< ~inig grog Lrnniatic and !"'o .s:. site, mid
i , inta'..inin'_' ' uiigrel for the new tacill_itlE'.c midi othm- day-to-day management
i ,`..tac for the site. In iota the Ad i-riiTlistration i.,iaT"ci o h VRD will i'ti'.gtdl-e
a:i craze 6tAS25.f3OO i)vLt their Yd'ai.r:MOt. budge.
S~~orrs Branch
b ;-orts Branch oversees the rd¢:reatit n.al, sport, and ath;.letic activities and
evens . i` by the VIRR They :we responsibly do rogrwtiis,>i"ain4„' die adtill s?'_, ficid'.^s ,vithin
c1a i';., .a t1 and €°%t3:i1 4?:132< fil :3~`z it'ti tRc:s }€°iP i.i ? i; ,p- 3~>d?;etl si)dcen'l;df'Isse
a d-fle!id° Lod'_ the gy3i nal` cs building at Donovan ? a ilk, wt-oink: b taia;ia gedi t:il'( ugh
the 'St~i" t i'ai11 ai. The actual maintenance o the )lGiy:l:t`3#? 1cl.d will. be she ri;tipd' nsibitity
o tl' de P era nc of die VIM. For di Me of As analysis. held ni.aii"3iiefl3s3i"sce COOS
were ;d t ?gether AT he Sports Bra nc.h. budget to dd'i3tesa,'ilt overall dusts to the
VRI) d : ta'anal ling an additional sporis playing f.i.ek-1.
"d:=tL'4;,`:d;'d Sports Field Cosi'S and Ra vt,. ueu;s
"'ding to the ina na ger o the Sports Branch, a n,, w plw tng, $i.`d;ld, is ricedde d. to
p
yTttiiif~aic. p) zt k.. orti ,n1:7e q 3. R~~4._F"St. in { tg 35.~i„R 4 p y@s anda'. Yyx se scheduling to g Y ih a lreai,(y
rn.d Due }ue to
i°E'.1l fiel ; `4d<i,ti7.si3#.73 sC'h.t;i ule. it is Unlikely dial( €'dte Sji4 rts' Flra£nc will expand any of
its; s6 ; ;d. rt;,s ac:z `;t _ t t -'jai y d I xt'ogra rnsi, such as- ports c°3ni ~ tea-nn sport Maysiew with the
ziC'.dt.llio o _F_ new Field. The 3rifi"#.z.:ry =cost to the cktri t o affil =id;daitioniii fiefe, will be the
flee d maintenance, cos,.... According g t i ~ Parks the si L•r'<:t dpi cost of
'
to .~z4'- d~ # D N d'£~'
a '.Ports in Vai.il. including water, .,eQds, f mill . ,-r. top dressing, and
labor costs, its ',525.6 00. T1 e ter,,,- n i of mi addzittd na. Reldt will neatly recd the ce'd'e-
ttt# i.ZatioD .,d ,,h, d1vo k't°ii nary playing fields. l"his in turn.,.%,dt{.t,es the ertifizer costs Ofl.
This rest.lic;s
?ii;:.,e s,t Ed.. ,.t tih t! $6O iw=rtilize2 cost Or the new tie di ",,4.0'00 a.} a per 'Fi.ite(s. f
.
in it net fie W a aate=.s::::Tsa2i'',CC CoSt for t.tld'. 1'irdsp(.;~,d ?d:w fie"11 of S-13,6,00.
tin'latc.: that the poits Branch wi1# L eFVd a `S _tg,it int'Crea's:: in.
Overhead Lc o :'L`9out `?600 per year, as to result ,it i_st:.c+:_ $l; aa"'d i-noni-air
!
:is €„~a_ an additional a.ds,.'.€d.t. In . total net annual t:;xpei:'Pa:'~'eSs for it"ia .ti~~;~• ..idl. i' Ild be
at lid*., F.€.,,=a 14.iM 7,, ~ ?darts Branch ,an. i.Id,i;'i;:'ve ' ddfitior al rd:ver"t:>:.-s £'idt;'r< the
ru ,
t I
;ie s.,i :g y :i3 I h' 0 t )na I sports lie °?i3L)ns AM .".<L '}g°..'1
t _ >b# ' s. ntas -t I; s` t asi-
e i.Ass ..am's i;.at s tfi_ -sO,e_ ' ~z ';3 zs
Li}€t 4>ii,.#w. " t . _f d. .d3 on" t i} e ,i . id.r ,
Economics Research Associates 9
S i cog .O'
i k.~eF.ii} _Ltiv.. 3. r ';~t ?3r; ~r i,~Q~f
"Adis i. . pp i.)y!' A 1.4 a{ xe~.Y. . ' A BA lS[i ~~'9R{3~3 i, {.:Y in an t}I aI~~
3,. i~ x die 3.} -t fl he 20 -(.i i}Udget.
Po.,z_:9"2E CL.7Si:*'clnd Rs.S,'L'.nEl,4
f'?4 (l,b'Jni„si stlf,.7 i`i+oC53"r:L13{ 1s LJi3 t.11ti y housed in a building €vl_i !,~v the Town of
4'A lags:. Hiding C??_ng was not Cie£.:1mied, for use as a gymnastics id Cos--stains i(.)w
s. t tt3`t;%tbc ;F:,7d {;:1z}a¢.~ (,)~.,(.[1':.4er f 3, i.t yt';~,"%y'~t~iil5{4rles ~which /t~i.i,.'erest~"ft is ip 1~1-. ant, z:tT-1t.)E.int ¢t{o
'-..SV'~4..%x~asi,lE~. s e4...~:.§~t p?ten t that . ng c'<.n9..L. The t~~.:uLur f,1, idht. .-,Yize.A of Lt.i
ili i { b` nifl y ,in-,t., the tibili yj o thie t.ry'nnalStks p='C?gan", tc,, } ic,,i: ,...,,--nt de,' dan
-iz t1i~}z.~,,a ik~._i. d§lC'e: Imposed ifb::ilityti it Donovan tr_g ,,1'::§£ ' ~:ii[;.;l°J the
%i' sa tt+.l €..x(3Za Gymnastic x`'7'3 Fr in n s,vs:a4`oi expand its C;apsil;liy iln as a If,',sult '.1::: F`4;v;;rvo p{)EE'.nija .
°P' % 4 "<e ~
s`: ccorcii' it = t,i:i._ Ci Yr1..z1.n ast.4,.,-, } or:ar1.l 1~i.GiYItEt~a...i~, within t~i~: . t1.st i:.. .,x~F, ,wcsi a zt ii ~ >t`l'>t.).'a.4a
_ - r
ttiCili§y at [.),-3 o ;n Parke t e Gvninastics p §"t'P°g a rn could be e`Cpa3 ded to include 400
13artit`:Ipa is l-'te t;stir ates that the average participant a.vs 6 y),:r "i.C ur avid uses the
f«'sciht r for 1.5 hours e vve& This v a1 siates to a projected revenue of about
,
S . it i i',.6 which n •,s.,;rC; ~.~,t„ ;•q ~ 1~. ~.Ci .`.~ltii.-'~ over i.. .1 ,13.
t J~, C,'•i~.;l l1t .'s.. gg 1.~{~E22:i~$.~v;.. i.§. :i:, 1. i;•
WT: ale i- xie4'u z?'yI70i"3astics b1i3lC' ng yr4'`&`3uld ~TTI tIt / € ~ta1.1(`4 ;,::e IG 4'e2i tic g e 1C at.$1,
potential o '01-i c Civra. siic°s Pi'£)4?i°ii33 , it 'sL'!)uld. also result in a significant increase in
idle H g e A r ti=' pr"L?+}$"aln. The Town of I% presently pays i(ii" A1€€13,
mLltil.tmii1. e and t:It.O-, sts _tt [h . Gymnastics l?:(°C?gS'dm3 s p:tcsen~ t iC}§.,at1on. ;:fit. Donovan
Pas, ?,,id t s pnunastics, x3i"llgra .i v:>$)u i be iespr€?Tisibie Or t:t"ies c, sus w:lid al would be
&tpproxiinat l ,t,°O per `•;"i'w. The Gy.sttiastics 'J 3fl°C7t?,'iam nia.t"ia ei s.'stiina- l s that lie
Wl. new! .,i.1e ai.ittlx3.€3i"ml s;i. Att_ 2"le s!Xa . -.'rc11X y Ci ( 531000 t, per 9Z} r x;r~- it ~x1'? t ' .rs.: e%.•-ss) and
0.000 ii.yi fa1i. /.t. .E f4i 94/.i> 'p .i }.A?1. 4Rj.i€ expanded d3 t bcn~.
.i)L~`Y 43F)$ j ! ~ y!\,~Li ~.i? YST i«: 's`P( 1.iMd ~`S~. .E~? gJR.ij.n~k4e t {}[y~{f,. A..3.L
ia.:.;..t 0.f sae staff ~ q
also 6.~Tai i~.F el F ~i`a..,s marketing budget s4vot.;ld need to }.lic E...<i.:', 1ro n its
r. attract l t+. ot > t 531060 to -5,1100 in order to a tact al;e.t.t'..Cniv sam_ Wh ,
additional co,.,; li"?i:lude ir;i::,.,aseO pruf.A;s,,sinnai d elt?pi1" enL o tiug siip tit::S, and
r_ ".fry}_et1ct.,;,i: sa.> `a1{1.1,i:i,;,- , these i::1.1st;i'•ll;liat:t}lt'~ C{}siti t `.17he
9i(ai7'§:;'i'it .~`t~,k,_t,.are about are ~.;'"e,3~t 00~
Iota l anrir-: ;".ost the (?ygT,2 t' s i`?1og.it1ni o tt i t` l~3i~E1ti van arik is
..~fii,}d§..!cted 'c .
~ :.1. h -.,f the 4st~~{p].9yds.I 3 t1,e.'.;..:1L ';;:s
~ , the :~i`v l , ad4,it[~.iIlaa;. cost
..:..`kti:3" i~ I;.IS .
1~:: .`.,tilt 201
} "0 1 i4it")Y£%•',3.,'WCI t <i o be iii".}tit S41400.
~ ~
Mected t ' is and Ru ' ;s
In ' _he tot:af annual Sports I„:}ncl! Costs til"t£:ludir 1 c It1i~I.Lt?,C a b.s€ 3x 1:5
Sports
s
;"§s ~1< to"t f `t ~ i § x 2000
Y~i 1' increase 9
z.t.~ I, Branch :_x t. i Cdl 'ill by
Economics Research Associates 10
$101500, i i3'..a.i aailir.ua 1~.vA`. rcaa'. e ° y S4 8,40R ERA pin led G
:;sper fzng dil"f'.Yi.;nc Do €1 Spo w itin tht? !:?dro?ose taC,iil! es at i. t ..c..an
i( t€e ian <ad1t:lci al annual cost l?C _ _ a O i:'s` er lh Y se ar:2000 tm.adEZ':.' .
olit h sel-ricer t3I°anch
t.€4 Youth ies°4'i{ Qs asrci'a,h VR.1,i of r, ac variety of rec'!"eationad prog a)n
££3r '7('ople C3C'lom, to age o 20 i-t'ifhin i:RC surrounding CC)M111.1111 ty and visitor to tat Vail
`-alley. A.t the pa":sent One, the primary Yotti.`s Services Branch Fac fily i5 located :i flne
,9.onsheaad AU.XI.liaary Bui ii g, adjacent th,c 1aarking structure. ihis fici i y A„t''i1'ahi
l'1ae drop ia:a Youi,i enter anod as crali:ri i"€.11;m Or chi%c- spt`01?T"..ITYISs, r'ai»Ciat.ica,ia€iy, 8h,-
Youth Services Bran.Ci3 ica^s s the WCi W;:ak C'hiI.a33a.'n s Ski Cenier uri:i1.g he saaiurner
€.iaont:hs to run ttie Ciai. ip Vcai Prdlkg.r aiz''s, The proposed children's center at Donovan 1:1,,.urk
&~4o,ul£.i become the primary iC3l;at-iom. fb.c 'L't;3''c,3 of the Youth. Services Branch. c,id.sting,
SI°tl!gr am- ct)I:1pi.3nents: C_'aa:ia Vail, ` Ii.ma,, ri aii.xl Nora- i;ina:liaer pt"I3gI'anns.
Additional Overhead Cost,?;
The 6)vC'rh.c«ad. ,:ipC',T`ises of ai`ij.' Watla Scr% ice Bratric h w{'ml-d. increase significantly
as a result of relocating to ffic y ' LX ;Mil«i'a"#_'-n s cover in Donovan Parl~. Youth.
Services wCli.ild 1SSU.tn4 for the ?.li.t-iIt ia,il.d. costs oft. e
bl;iddlii& which would to :.i about ;a>22,S00 per year. This iad.£lli.ioniiaz cosy is partially
x p
i1i'zi:l4aa ed by To $1100 by ling i~`+:.~x. need tolis se ;ia°?"cace or the C arnip Vail
piogr arn. The wc;posed *s.hnii rozi's . :ier vvotlld allow Youtli Services Lo aP-e n ?i"cr aitsc
p art ci'i`>,ti: hi iii:a" ,:i;i:s ing: ASt,a"y=rraanizs; his results in the need. Ior one
€taUititsil to the Yt}udi >l:T''.3£,es i:,iana .T'v'atar ni >i;at' at an annual cod of $40,i#00 ? iincil!£i[I g
b i.iCRts). Otier &M cw i?:.{aai,a cogs >+'t..E€dd include the ire;€4 for inor" £},Rce
equipn'iient and supplies and II"ii"aeascul :Nq+.alpraW . ts;nwice cios,s. Iri ui.n, the ( £si.n'h.
Services Wrect,' ~.r estiw rnaa'-~:s that total o e a.1.ca;~~ £.:z.sts '~,rwt't.~l" ii£.t. iI'Si.i S..'s. by I.a i"4 izf .`-a.:s$,. ' 3x~ - ; i r: . 566,400
over 1he Year 2000 '
aa1 n- `v `ail AY4a1.i.?onad, Costs a1 1 The d?,r m of the Yoi,,,a,ti .Ser es i_a. .ncin stated that with the ne n's:
` 1 .i,il. ie a"3 e:;` t"Y i:t3ts~:a SI~'<Ir,., 30 T`t,.~'i'a.'aa k _ in i';)Haat t€dC.11I2.LiC_i {°€f ~°xisx ai.C?p3aat:a„, `ht, ii'
V rail r an a in €
;a fa S43 2q-i'.1,"`°'i.~.7 O ' BOOM
i i._:i~}, ...<< 4..hi°s zv.'giiit.. ,€-s. s. t.., ii 1i.i3Y..a ai`a :[viw, sti.i:ad,`i. in
,-,rder to is .:aact Sair£va ? kx?111,x er o pc,x li pa t' nnore 'Ga+ 3ivk}` mui ,ti 1_ cf1i)rt k t nt , ;t>
.?1IL.'a 3 syff k»a tr4y Y.534.H.. cauent n_£sd _ ic1g costs, Ti1 ~ t.ri `.i x.$,."i
Economics Research Associates 11
w. i i a Loy tJ s, 'art-itirne staffing by about 2 percent in i ti::
t"i..ii,±co s.. pt'ogranl .s C:,.,j <,,r "e _ by 0 percent, This rc-su'is in ai. mn
' 3 d' y
i.=,. , of $24100 (~.~r~~.i.€:h xla7 3'_,_: . i; ;}.00 L'~ t.Etal,-~tl.()n in. rental costs. .f€>i° the
ing revenue .wt-S:;iiue ft _PS Vail at the Donovan Park chijdreWs
}fir'"#raini), T hie net operating t$15,300,
~:f:.srac i be p jetted to be St.ininner and ` on--S?ii"I?7i er %J,'Jihonal Costs aln Ree,,enLies
"t% Youth is i'v l s ` uriim r awl N.'o aii'ii:ner pt'ogra nis in.clud vor y'day
c1 lit.:an's p£€}gt°;1niming such as C;rail Awe%, zoo king classes, and dams-ca Te f71°4i,;.'ranis for
residents and i'aiii Valli, ~ ..,..,tL.. I he drop-in, Youth Center Gln :sf7~£r ii<,i
c ''en such a. New Year's Eve, aaa fio i t1h se budg t.ary t•ass°gorics. The
y .
T the 'zia-#.`
}I(.) rafn.sl were ! m .'•led i ,.;i;alysi because they overlap a great
deaY as a re,,,ult € f shared sta f and i:i,a63s..1..tzvIiC'. Tili:' pL""{)pused children's center att.
D£ii-'ovan Park. would al.l } i-v' he urfi ner and ",,on.-SLIM.mer programs to greatly increase
their ywid.;-I#,a;tion i"aY es as a i°esuir of the amenifies they will be able to offer,
il'Ich?<iilI'g d,d,:t`;aniics and. f3hoto i°"ciphy £'a i Et.)i.?i.tie- -he SLiiTii?1er arid Non.-Surnnner
i..i"ogra.lms manager esdrna to s that l"e etiu; s vv'isi increase from the 999 level of ,S , 181800
to SW•`..OO withjn the first few ya;ms ofop;;atuions at the 61t',w fAcilRy.
s'C`::°°siPTUO. al:€.', an Jncrea%` cd. ii?ti7'ii er o 9artiCtiim, mi additional three staff
r_ 4 C Mil q be- , 9
,H:* a. Y'i'`_'> ca 5'l percent time and. $10 per ~i€..a.r pay Mil i°erequired.. .l.his results in. an
3=iii:ual net increase in. salary costs of S31201 '`.lgi,mipryienut and i.ilai.te-riaal costs Zvi li also
9 i°tor. r.
by about Y ~ b
about ;;~7,`~$~O per ?L'at£" v :1%i i.f3s; ~ :l:~~C'ai4:'.oii of al..i-alas?6;{7_gra'pha% <f%i:t'k1'€,)i)i7'i. aY(itl a3
:i"`n e_ kiln. The z9tatii.ii'er and, id .,l->sU 1l1.111e° progra€ins will also have an .`:.ddi;i.C nad
riia;r c dl"__. and op$:Fl'y xpensc of alb € ul. S t .6i "t', In total a t additional -"or the
'1,'(T (.6.C'''":}vli bx"ti.i §;.WitG'r.t;d''.Tf?a.4 a...st,iar.. :iict'x+ `.Cfdfiil{irl<l i.it;i, oper;:~-,,ig loss of
S29,000 o,-,z~r the Year 2000 budget Youth 5c';rt'i es Braii:ach i.otail PrAe ted Costs and Revenues
The t.,.,t l °;Id iti',C3na.] C:os$s o i"i{ ni n 'Youth Services programs at the proposed
c.ili. 'r:. n7s , , e n. x.aoi"it)v,an Pad, are essl AM.,,;I I be about 1.3-1,700. ,--Fh.e f ' i Vail,
. :3:irill.ixer s. f.?g"a%I'i"i: s<ia __',.t to i• t,-, i a,--Iditional S54,600 in
..,3...x?L?C Youth 4,.i .cr.s,.Y 1.~t.~`~:..~.. ~ s can can A achieve . .d:.i5sP:,3i_cE. F~~•~ i eti
Y"1~-'2 .~~i_~~ ;liai'{.'lzt. t:I`€`r F_"
^ Y1 l. ` . in, . ~ _ ,i outside ..ar t tt) Ii.? "il.'iti ~w.? s i'iit. £ 3 i?RL.'? 'iiis f" a.
i.Sd „t;ri.t.ai iwvt,',i",iie,
the t, f..- t Cli ii.at. Qa£ Wr i' ?L be 'L: s if i .
Economics Research Associates 12
Town of Vail Public Works, Parks Division
The following section outlines in detail the projected additional costs and
revenues that would be accrued to the Town of Vail Public Works Department, Parks
Division as a result of the proposed facilities at Donovan Park. An estimated line-item
budget of potential cost and revenue implications on the Parks Division is presented in
Table 3. ERA projects that the net operating difference to the Parks Division will be an
annual increase in costs of $36,100. These additional costs ~ consist primarily of
landscaping and other site maintenance costs for the grounds of Donovan Park.
Community Pavilion
ERA estimated the total cost of operating the community pavilion based on an
analysis of the operating budgets of similar community event facilities in Eagle and
Summit Counties. ERA assumed that no full-time staff would need, to be hired to
manage the facility. One staff member at one-eighth time would be budgeted to the
facility at a total cost of $6,500, which is based on a full-time annual salary of $40,000
plus benefits. ERA estimates total utility costs, including telephone, water, gas, electric,
sewer, and trash removal, at $10,000. Building and equipment repair and maintenance
costs are estimated to be $5,000 per year. Janitorial labor and supply costs, which
include the cost of having a person monitor the building on a daily basis, are estimated to
be $15,000. An additional cost of $1,000 for miscellaneous supplies is also included in
the budget estimate. The total annual operating cost for the community pavilion is
estimated to be $37,500.
ERA assumed that the community pavilion at Donovan Park would charge a
similar graduated rate system as the Eagle-Vail Community Pavilion. Peak weekend
rental periods would cost between $500 and $750 and midweek slots would cost between
$100 to $250. ERA believes the utilization pattern of the facility will resemble that of
Eagle-Vail, with high utilization during the spring and summer months and only minimal
utilization during the remainder of the year. ERA estimates that pavilion will earn about
$30,000 in building rental revenues per year. This estimate includes approximately 75
paid events per year at an average rental rate of $400. An additional $5,000 per year in
revenues may be achieved from equipment rental revenues for tables and chairs or audio-
visual equipment. It is important to note that the actual utilization level of the
pavilion will likely be significantly higher than 75 events per year but a large
portion of the additional events would consist of community meetings and events
that would be held at the facility free of charge.
Economics Research Associates 13
According to the above estimates, the community pavilion is expected to run a
slight operating loss of $2,500 in a stabilized year of operation. Even with a higher
projected utilization rate, revenues are unlikely to significantly surpass costs because of
the necessary increase in staff time and utilities costs that would accompany a higher
utilization rate. However, if utilization rates are low or rental fees are set significantly
below those proposed in this analysis, the Pavilion may run a significant deficit similar to
that of the Edwards- Singletree Pavilion.
Playground and Park Maintenance
There are significant costs associated with maintaining the grounds of the
Donovan Park site. These costs include snow removal, playground maintenance, trash
removal, restroom cleaning, landscaping, and recreation path maintenance. These costs
are difficult to accurately estimate in advance because they change significantly from
year to year based on weather conditions. ERA interviewed staff from the Public Works
department to get as concise an estimate for each of these costs as possible. The Public
Works staff based their estimates on average costs of maintaining the existing parks
within the Town of Vail. The total additional cost of maintaining the grounds of
Donovan Park is estimated to be about $36,100 per year. For a detailed breakdown of
these costs by item, refer to Table 3.
Building Maintenance Reserve
The building maintenance reserve factor takes in account major capital repairs to
the facilities that will need to be performed over time, such as periodic roof and floor
replacements, electrical upgrades, and other major structural adjustments. This factor
differs from the building maintenance factor included in the annual operating budgets for
the VRD and the Parks Division in that it does not cover day-to-day maintenance issues,
such as broken windows or plumbing problems. According to Architectural Resource
Consultants (ARC), the annual factor can be calculated in different ways, depending on
the level of risk the owner is willing to accept. Very risk-averse owners, such as banks,
insurance companies and churches, use a formula that assumes replacement of the
building every 30 years, which places the annual reserve factor at 3.4 percent of the
estimated construction cost of the building in today's dollars. More aggressive owners,
such as developers or retail stores, assume 100 year replacement, or an annual factor of
one percent of the estimated construction cost.
Economics Research Associates 14
For the purpose of this analysis, ERA assumed a building maintenance reserve
factor of 100 years, or two percent of facility construction costs. Based on ARC's
estimated construction costs for the facilities at Donovan Park of about $12.1 million,
which excludes costs for constructing the parking structure, site work, and soft costs, the
total amount that should be set aside annually for the building maintenance reserve fund
is $242,000.
Total Projected Net Operating Costs
A summary of total revenues and expenses, categorized by building and site
maintenance and programmatic spending for both the VRD and the Parks Division is
presented in Table 4. Total buildings and grounds maintenance and utility costs are
estimated to be about $107,500 per year. This figure does not include janitorial costs,
which are included in programmatic costs because they vary significantly depending on
the level of utilization of the facilities. Total additional programmatic costs, net of
additional revenues, are projected to be approximately $88,600. In sum, the annual net
deficit from the operation of the proposed facilities at Donovan Park is estimated to be
$196,100. Including an annual building reserve factor of $242,000, the total annual
deficit for the facilities at Donovan Park is approximately $438,100.
Sensitivity Analysis
The total estimated additional operating costs for the facilities at Donovan Park
are based on a set of assumptions that are subject to change. This section identifies
additional sources of costs or revenues that are not included in the previous analysis.
Potential additional sources of revenues include:
10 The (Jyilzilasric` progrz€i r to the =`}l"f`p(}sed g,-yrmlasti s tad-ci12fty at Donovan i), 1ir4 nn t
be a' to ;3Cd C}3.illi&t}t laa.{ f to i)4 d :i LJdt'lll t~. t R.ls :t t?gr'C to ten. Y%t c=; :i. Rill ; "tool€=£l
result in a- t$3 'a! 90,000 Irl €QVe1.1M11 Over the presenI, projections.
% )=.it"cn in the Y .Iwl-,z. sc ioc-S branch. 4}roLi-p-am inia ~ al.-ow h y'ollda. what has
:.r,'{i43w' G Fol flh: I,s..t4 .f.dE-., _Et-v.
TEA- wv '€~'~I( 1`+e- an _s l?''ipfbe 'tiA,af S;inl {d <.€dha ~iit (g .Ir tis^, in At_a '~'';~n in,
x ~zlidrt ceTtt-er z , qq } ~ ai
and crafts- %):.d honv these p£'oolLIUS
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Economics Research Associates 15
@@t ti i 1. c(:* f S?T't:?' b" t? rf;, el's.Li s t a
Potential sources of additional costs include:
• The estimated reduction in fertilizer costs for the existing sport playing fields may not
be realized depending on the level of utilization of the proposed new field. This
would result in an increase in the total field maintenance cost of up to $12,000.
• If utilization rates are low or rental fees are set significantly below those proposed in
this analysis, the community pavilion may run an annual operating deficit of $10,000
to $15,000, similar to that of the Edwards- Singletree Community Pavilion.
Economics Research Associates 16
Table 1
OPERATING SUMMARIES OF FACILITIES THAT ARE COMPARABLE
TO THE PROPOSED VAIL COMMUNITY PAVILION
Net
Square Operating Operating Operating
Facility Feet Capacity Rates Costs Revenues Revenues
Eagle-Vail Pavilion 3,000 350 $100 to $750 $32,800 $33,200 $400
Edwards- S ingletree Pavilion 2,500 150 $65 to $215 $24,000 $11,900 ($12,100)
Silverthorne Town Center (proposed) t 5,600 375 $225 $96,000 $66,000 ($30,000)
Silverthorne Recreation Center 1,500 90 $5 to $20 per hr. $8,000 $8,000 $0
Community Room 2
Breckenridge Recreation Center 1,890 175 $20 to $78 per hr. $8,000 $10,000 $2,000
Community Room 2
1/ The operating costs and revenues were estimated by the City Manager Revenues include rent from four retail stores located within the building.
2/ The operating costs and revenues are estimated by ERA based on the total annual budget of the recreation centers.
Table 2
ESTIMATED OPERATING BUDGET IMPACT ON VAIL RECREATION DISTRICT'
)
Program Component Budgeted 2000 With New Facilities Net Difference
Sports Program Component
Additional Costs:
Overhead
Salaries and Benefits $199,700 $199,700 $0
Marketing $8,400 $8,400 $0
Field Maintenance 2 $51,200 $64,800 $13,600
Other Overhead Expenses $8.400 $9.000 $600
Subtotal Overhead $267,700 $281,900 $14,200
Gvmnastics
Salaries and Benefits $130,780 $189,780 $59,000
Professional Development $700 $2,000 $1,300
Operating Supplies/Equip. Maint. $2,000 $4,000 $2,000
Equipment and Machinery $0 $2,000 $2,000
Utilities $02,000 $12,000
Building Maintenance $0 ~b;C1 $8,000
Marketing $3,000 $5,000 $2.000
Subtotal Gymnastics $133,480 5222,780 $89,300
Total Additional Costs $103,500
Additional Revenues:
Add. Tournament Revenue in Fields $0 $7,500 $7,500
Gymnastics Revenues $139.100 $180.000 $40,900
Subtotal Revenue $139,100 $187,500 $48,400
Total Additional Revenue $48,400
Net Operating Difference ($55,100)
Youth Services Component
Additional Costs:
Overhead
Salaries and Benefits $166,000 $206,000 $40,000
Equipment and Materials $2,500 $4,500 $2,000
Marketing $2,700 $2,700 $0
Equipment Maintenance $600 $1,200 $600
Utilities $200 515,000 $14,800
Building Maintenance $0 56,000 $8,000
Other Overhead Expenses $5,100 $6,100 $1.000
Subtotal Overhead Expenses 5177,100 5243,500 $66,400
l/ Includes only the components of the VRD budget that will be affected by the new facilities at Donovan Park
2/ Includes salaries, materials, and utility costs of maintaining the 2 main existing playing fields managed by the VRD.
This figure is not included in the Sports Program budget but instead appears in the VRD Parks budget.
3/ Future gymnastics revenues assume 400 participants at $6 per hour and 1.5 hours per week.
Sumccsts.xls VRD
Table 2 (continued)
ESTIMATED OPERATING BUDGET IMPACT ON VAIL RECREATION DISTRICT'
With Ne`vl
Program Component Budgeted 2000 Facilities Net Difference
Camp Vail:
Salaries and Benefits $108,900 $136,100 $27,200
Equipment, Materials, Field Trips $16,300 $21,200 $4,900
Marketing $3,500 $7,000 $3,500
Janitorial $1,300 $1,700 $400
Building Rent $10,000 $0 ($10,000)
Miscellaneous Expenses $7,000 $9.100 $2,100
Subtotal Camp Vail $147,000 $175,100 $28,100
Summer and Non-Summer Programs:
Salaries and Benefits $9,500 $40,700 $31,200
Equipment, Materials, Field Trips 54,600 $12,000 $7,400
Marketing $1,700 $3,000 $1,300
Miscellaneous Expenses $500 $800 5300
Subtotal Summer and Non-Summer $16,300 $56,500 $40,200
Total Additional Costs $134,700
Revenues:
Camp Vail
Program Fees $144,500 $187,900 $43,400
Other Revenues $8.500 58,500 $0
Subtotal Camp Vail $153,000 $196,400 $43,400
Summer and Non-Summer Programs:
Program Fees $18,800 $30,000 $11,200
Other Revenues $1.700 $1,700 $0
Subtotal Summer and Non-Summer $'20,500 $31,700 $11,200
Facilitv Rentals $2,300 $5,000 $2,700
Total Additional Revenues $57,300
Net Operating Difference ($77,400)
Administrative Component
Additional Costs:
Insurance $72,300 $82,300 $10,000
Other Administrative Costs $485.800 $500,800 $15.000
Subtotal Costs $558,100 $583,100 S25,000
Total Additional Costs $25,000
Total Additional Revenues $0
Net Operating Difference ($25,000)
Total Net Operating Difference ($157,500)
l/ Includes only the components of the VRD budget that will be affected by the new facilities at Donovan Park
Sumcoscs.xls VRD
v
Table 3
ESTIMATED OPERATING BUDGET IMPACT ON VAIL PARKS DEPARTMENT'
With New
Program Component Budgeted 2000 Facilities Net Difference
Communitv Pavilion
Additional Costs:
Salaries 2 $0 $6,500 $6,500
Utilities $0 310,00 $10,000
Building Maintenance $0 35,000 $5,000
Janitorial Labor/Supplies $0 $15,000 $15,000
Equipment/Supplies $0 $1,000 $1,000
Subtotal Costs $0 $37,500 537,500
Total Additional Costs $37,500
Additional Revenues:
Building Rental Revenues $0 $30,000 $30,000
Equipment Rental Revenues $0 $5,000 $5,000
Subtotal Revenues $0 $35,000 $35,000
Total Additional Revenue $35,000
Net Operating Difference ($2,500)
Plav2round/Park Maintenance
Additional Costs: 3
Snow Removal $0 $10,000 $10,000
Playground Maintenance $0 $2,100 $2,100
Janatorial/TIash/RestroomS $0 $8,200 $8,200
Irrigation/Trees /Turf Maint. $0 311.000 $11,000
Flower Bed Maintenance $0 S3, 00 $3,500
Rec. Path Maintenance $1.300 32.600 $1.300
Subtotal Costs $1,300 $37,400 536,100
Total Additional Costs $36,100
Total Additional Revenue $0
Net Operating Difference ($36,100)
Total Net Operating Difference ($38,600)
I/ Includes only the components of the Public Works Parks Division budget that will be affected by the proposed
facilities at Donovan Park
21 Includes person at 1/8 time (or 5 hours per week).
3/ Costs are estimated based on costs of maintaining existing parks in Vail. Costs include seasonal labor.
Source: Vail Public Works Department and Economics Research Associates.
Sumcosts.As Parks
Table 4
DONOVAN PARK COMMUNITY FACILITIES SUMMARY OF NET OPERATING COSTS
AND REVENUES FOR THE VAIL RECREATION DISTRICT AND THE TOWN OF VAIL
Estimated
Estimated Additional Total Additional
Component Additional Costs Revenues Net Costs
Buildine and Grounds
Utilities and Maintenance
Gymnastics Building 520,000 $0 $20,000
Children's Center 522,500 $0 $22,800
Playing Fields 513.600 $0 $13,600
Community Pavilion S; x,000 $0 $15,000
Remaining Park Grounds 536.100 $0 $36.100
Subtotal Buildings and Grounds 5!o ,~0 - $0 $107,500
Proerammatic Costs/Revenues
VRD Snorts Branch
Gymnastics $69,300 $40,900 $28,400
Other Sports/Overhead $600 $7.500 j$6.900)
Subtotal VRD Sports Program $69,900 $48,400 $21,500
VRD Youth Services Branch
Camp Vail $28,100 $43,400 ($15,300)
Summer/Non-Summer Program $40,200 $11,200 $29,000
Facility Rentals $0 $2,700 ($2,700)
Overhead $43.600 $0 $43.600
Subtotal VRD Youth Services $111,900 $57,300 $54,600
VRD Overhead $25,000 $0 $25,000
Subtotal VRD Programmatic Costs/Rev. $206,800 $105,700 $101,100
Community Pavilion Proerammatic Costs/Rev. $22,500 $35,000 ($12,500)
Total Buildings and Grounds 5l 0,:-0~1 $0 $107,500
Total Additional Programmatic $229.300 $140,700 $88.600
Total Additional Costs/Revenues $336,800 $140,700 $196,100
Building Maintenance Reserve Factor t $242,0100 $0 $242,000
Total Including Building Reserve Factor $578,800 $140,700 $438,100
I/ Building maintenance reserve factor is set at 2% of total facility construction costs.
Source: Vail Recreation District, Vail Public Works Parks Division, Economics Research Associates.
Sumcosts.xls Summary
Table 5
DONOVAN PARK COMMUNITY FACILITIES SUMMARY OF NET OPERATING COSTS
AND REVENUES FOR -t-u: VAIL RECREATION DISTRICT AND THE TOWN OF VAIL
Estimated
Estimated Additional Total Additional
Component Additional Costs Revenues Net Costs
Gvmnastics Building
Utilities and Maintenance $32,000 $0 $32,000
Programmatic Costs/Revenues to VRD $69.300 $40.900 $28.400
Subtotal Gymanstics Building $101,300 $40,900 $60,400
Children's Center
Utilities and Maintenance $23,800 $0 $23,800
Programmatic Costs/Revenues to VRD $111.900 $57.300 $54.600
Subtotal Children's Center $135,700 $57,300 $78,400
Communitv Pavillion
Utilities and Maintenance $17,000 $0 $17,000
Programmatic Costs/Revenues $22.500 $35.000 ($12.500)
Subtotal Community Pavilion $39,500 $35,000 $4,500
Plavine Fields
Utilities and Maintenance $13,600 $0 $13,600
Programmatic Costs/Revenues to VRD $600 $7.500 66.9001
Subtotal Playing Fields $14,200 $7,500 $6,700
Miscellaneous Costs/Revenues
Park Grounds Maintenance $47,400 $0 $47,400
VRD Overhead $25.000 $0 $25.000
Subtotal Miscellaneous Costs/Revenues $72,400 $0 $72,400
Total Additional Costs/Revenues $363,100 $140,700 $222,400
Building Maintenance Reserve Factor 1 $214,500 $0 $214,500
Total Including Building Reserve Factor $577,600 $140,700 $436,900
1/ Building maintenance reserve factor is set at 2% of total facility construction costs.
Source: Vail Recreation District, Vail Public Works Parks Division, Economics Research Associates.
sumcosts 5-Summary
Communitv Pavilion Comparison
Vail Town Council
April 3, 2001
Project Square Capacity Operational Operational Net User Fee Structure
Footage Cost Revenue Revenue/
(Loss)
Eagle-Vail Pavilion 3,000 150 people inside + $32,800 $33,200 $400 Not-for-profits Mid week-$100
200 if deck is used Not-for-profits Fri & Sun-$350
for program/event Not-for-profits Sat-$500
• Other Users Mid Week-$350
350 people total Other Users Fri & Sun-$500
• Other Users Sat-$750
• equipment rental
Singletree 2,500 150 people $24,000 $11,900 $(12,100) Mid Week 8:00 - 12:00 - $65
Pavilion Mid Week 12:00 - 5:00 - $90
• Mid Week 5:00 - 10:00 - $215
• Weekend 8:00 - 12:00 - $115
• Weekend 12:00 - 5:00 - $165
• Weekend 5:00 - 10:00 - $215
Silverthorne Town 5,600 375 people $96,000 $66,000 $(30,000) • $225 for 1 s` day
Center Facility $80 for each additional day
(under • Community Groups-free and have
construction) priority for bookings
Silverthorne 1,500 90 people $8,000 $8,000 $0 • $10 for Not-for-profit/hour
Recreation Center • $15 for other groups/hour
Community Room
• $15 set up and clean-up cost
Breckenridge 1,890 175 people $8,000 $10,000 $2000 • $20-$24 for half the room
Recreation Center • $25-$30 for whole room
Community Room $30 for use of kitchen c~
Donovan Park 6,200 250 people $40,000 $40,000 $0 • Free for locals & Not-for-profits during
Pavilion (3,000 mid week times and off-peak periods
meeting • Other Users Mid Week - $350
room) • Other Users Fri & Sun - $500
• Other Users Sat - $750 # a
• equipment rental _
L E E D ,#txoN
LEM CEMIED- 2637 n!
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LEM CE;MFIED GO LEVEL - 39-51FIS.
Lecdership in Energy and Environmental Design LEM CMFW PLALPMJM LEVEL. S2-M.
U.S. GREEN BUILDING COUNCIL
SUSTAINABLE SITES:
SITE PREREQUISITE - EROSION AND SEDIMENTATION CONTROL - TBD
SITE SELECTION - MEETS REQ.
URBAN REDEVELOPMENT - NA
BROWNFIELD REDEVELOPMENT- NA
ALTERNATIVE TRANSPORTATION - MEETS REQ.
REDUCED SITE DISTURBANCE - TBD
STORMWATER MANAGEMENT - TBD
LANDSCAPE AND EXTERIOR DESIGN TO REDUCE HEAT ISLANDS - TBD
LIGHT POLLUTION REDUCTION - TBD
WATER EFFICIENCY:
WATER EFFICIENT LANDSCAPING - TBD
INNOVATIVE WASTEWATER TECHNOLOGIES - TBD
WATER USE REDUCTION- TBD
ENERGY AND ATMOSPHERE:
PREREQUISITE 1 - FUNDAMENTAL BUILDING SYSTEMS COMMISSIONING - ToV HIRE CNSLT.
PREREQUISITE 2 - MINIMUM ENERGY PERFORMANCE - TBD
PREREQUISITE 3 - CFC REDUCTION IN HVAC&R EQUIPMENT - TBD
OPTIMIZE ENERGY PERFORMANCE - TBD
RENEWABLE ENERGY - NA
ADDITIONAL COMMISSICNING - ADDITIONAL REVIEW CNSLT. REQUIRED
ELIMINATION OF HCFC'S AND HALONS - TBD
MEASUREMENT AND VERIFICATION - TBD
GREEN POWER - VERIFY WITH UTILITY COMPANIES
MATERIALS AND RESOURCES:
PREREQUISITE - STORAGE & COLLECTION OF RECYCLABLES - MEETS REQ.
BUILDING REUSE - NA
CONSTRUCTION WASTE MANAGEMENT - GC RESPONSIBLE
RESOURCE REUSE - NA
RECYC'LED CONTENT - TBD
LOCAL / REGiCNAL MATERIALS - TBD
RAPIDLY RENEWABLE MATERIALS - TBD
CERTIFIED WOOD - TBD: ISO (YES), FSC (NO)
INDOOR ENVIRONMENTAL QUALITY:
PREREQUISITE 1 - MINIMUM IAQ PERFORMANCE - TBD
PREREQUISITE 2 - ENVIRONMENTAL TOBACCO SMOKE (ETS) CONTROL - ToV
CARBON DIOXIDE (C02) MONITORING - TBD
INCREASE VENTILATION EFFECTIVENESS - TBD
CONSTRUCTION IAQ MANAGEMENT PLAN - TBD
LOW-EMITTING MATERIALS -TBD
INDOOR CHEMICAL AND POLLUTANT SOURCE CONTROL - TBD
CONTROLLABILITY OF SYSTEMS - TBD
THERMAL COMFORT - TBD
DAYLIGHT AND VIEWS - MEETS REQ.
INNOVATION CREDITS & DESIGN/BUILD PROCESS:
D O N O V A N P A R K
C O M M U N I T Y P A V I L 1 O N
0 D E L L A R C H 1 7 E C T S S A S A K I A S S 0 C I A T E S 0 E S I G N W 0 R K S H 0 P
VAIL TOWN COUNCIL - MINUTES
TUESDAY, February 6, 2001
7:00 P.M.
The regular meeting of the Vail Town Council was held in the Town Council Chambers
on Tuesday, February 6, 2001. The meeting was called to order at approximately 7:00
P.M.
COUNCIL MEMBERS PRESENT: Sybill Navas, Mayor Pro-Tem
Chuck Ogilby
Diana Donovan
Rod Slifer
Greg Moffet
Kevin Foley
ABSENT: Ludwig Kurz, Mayor
STAFF MEMBERS PRESENT: Bob McLaurin, Town Manager
Tom Moorhead, Town Attorney
Pam Brandmeyer, Assistant Town Manager
Lorelei Donaldson, Town Clerk
Mayor Pro-Tem, Sybill Navas, stated Mayor Ludwig Kurz was in Austria, representing
the Town of Vail.
The first item on the agenda was citizen participation. Art Abplanalp said he wanted to
raise a point of order and said there were two second readings of ordinances listed
under the consent agenda that needed to be heard separately and not as part of the
consent agenda. He said per the Town Charter, the second reading of the ordinances
should be heard as separate items at the town council meeting so the community can
have input on these items. He is especially concerned with Ordinance No. 2, Series of
2001 and thinks there are several issues that need to be addressed.
Mayor Pro-Tem, Sybill Navas, stated the council had discussed moving these items
from the consent agenda at the work session and will do so when they come to it on the
agenda. She also said this was the first she had heard that this procedure was not
correct and they should look into it.
Tom Moorhead, Town Attorney, stated that there are ordinances that have not required
additional input and they had placed them on the consent agenda. He said that in the
past, items that could have additional public comments, have had a motion, a second
and a vote to take them off the consent agenda.
1 Vail Town Council Meeting Minutes for February 6, 2001
The second item on the agenda was a discussion of the Donovan Park Project.
Todd Oppenheimer, Department of Public Works Landscape Architect, gave a cost
estimate summary update of the project. He said there were three questions that
needed answers from the Town Council based on today's presentation. They are1) Are
they headed in the right direction, are there any course corrections needed at this time;
2) Staff wants approval to award the first phase of construction starting in April; and 3)
They need approval to prepare a Request for Proposal to do a design build on a portion
of the work that would be advantageous to do at this time.
He also said in addition to his update, Otis Odell, of Odell Architects, Chris Squadra,
CPE, with Architectural Resource Consultants, Inc. (ARC), who are members of the
design team and George Ruther, Chief of Planning for the Town of Vail will be
addressing the Town Council.
Todd said the design team has made significant progress since last appearing before
Council on December 19th of 2000 where the schematic design was presented and
approved with conditions. With some adjustments that have been made, over the last
three weeks, they have arrived at what you are being presented with today. The design
team has done an outstanding job addressing and responding to the comments,
questions and concerns staff has raised. The estimate is a result of a lot of hard work.
It's very early in the design development stage and this is where most of the big
decisions are made that impact the design and cost of the project. By the next update,
there will be a very concrete idea of where they are at in the process. For the budget
allocation, they are using the budget amount of $10,350,000, which includes $350,000
that was spend in the year 2000 and $10,000,000 that will be used in 2001.
Otis Odell, of Odell Architects addressed the Council and stated they are in the middle
of the design development stage. He updated the Council on what the development
stage entails. He invited council to the next work session. The design team will keep
the Council informed throughout this process. It has been a collaborative effort with
staff to get a first draft of the estimate done on January 17, 2001. The project has
benefited from this collaboration. The design development phase are due around
March 9, 2001 and will go to Council on April 3 with documentation, cost estimate and
plans of this development phase.
Chris Squadra, of Architectural Resource Consultants, acknowledged the budget of
$10,350,000 for Donovan Park and went through the budget process to make sure
everything is in alignment. They want to make sure the $10,350,000 budget is what the
Council is set on for this project and what items on the wish list need to stay in the
project within the budget number. He gave an overview of the budget numbers. He
said some of the numbers that are not in the budget yet are the accel/decel lanes and
CDOT standards and Corp. of Engineer process is not included either. He said the
dollar figures are appropriate at this time.
2 Vail Town Council Meeting Minutes for February 6, 2001
Council member Kevin Foley asked if there was enough money in the contingency.
Chris stated they are committed to staying in the budget and bringing the project in on
time. He said that if making sure the budget is adhered to they should raises the
contingency.
Council member Diana Donovan stated the budget is $10,350,000 for the project.
Chris said if the Council says to stay within a certain budget they would then make
internal adjustments to make sure it stays within the budget. The most important thing
to understand is they are asking for a Phase One-A approval today. If there is a delay
in that process, it could push the bid price much higher, as much as $250,000-$300,000
price hike. He went through the list of costs for construction costs, furniture, fixtures,
and equipment; municipal fees for water tap fees; professional fees for various
consultants; operating costs and project contingency costs for a total of $10,500,000.
He stated the accel/decel lanes are not included in the costs.
Mayor Pro-Tem Sybill Navas asked what the bid came in at.
Chris said the bid came in at $60,000 less than the budget, however, the fire
department asked to have a water line put in. He said the water line is about $60,000
and have added it as a separate line item.
Mayor Pro-Tem Sybill Navas said she had a concern about the water tap fees being so
high.
Chris stated the Eagle Valley Water & Sanitation District charges everyone.
Council member Chuck Ogilby thought the tap fees for Ford Park were waived.
Todd Oppenheimer said that historically the tap fees for seasonal use facilities, parks
and restrooms. They are assuming they will have that for the restroom and the
irrigation but didn't think the tap fees for the pavilion would be waived. He said the tap
fees for irrigation at the park would be around $200,000 so the sanitation district does
give them a good deal on that tap fee. The $94,000 tap fee includes a 2-inch tap fee
for the pavilion, a sewer tap fee and the purchase of a meter package and equipment
and the equipment package for the park.
Chris said the wish list items are amounts paid from hard construction costs.
Otis Odell stated these wish list items are what the stakeholders wanted in the project.
He said these items are not in the $10,500,000 budget that Chris explained. They are
asking Council if the budget should be increased to accommodate some of these items.
The wish list items included: accel/decel lanes, the landscaping along the Frontage
3 Vail Town Council Meeting Minutes for February 6, 2001
Road, the shoulder width increase of two feet, a phase two building that would be
utilized by the playing fields that is closer to the playing field as part of the phase one
work and not phase two; an outdoor gas fire pit, a lobby fireplace, snow melt funds
above and beyond the initial 6,500 square feet originally discussed which is over
18,000 square feet of snow melt. He wants to know if Council wants to increase the
budget by any of these amounts to include any of the wish items.
Council member Greg Moffet wants to know if there are any cost estimates of in running
the snow melt systems or boilers.
Otis said it would be thousands of dollars but doesn't have hard figures.
Council member Greg Moffet asked if there are relative cost comparisons of removal by
snowplow versus snowmelt.
Chris said based on where they are now, and since they don't know enough about the
life cycle costs for five or ten years, it would be appropriate to carry the snow melt as an
alternate line item until they get the analysis for it and bring the information to the April
3 meeting.
Mayor Pro-Tem Sybill Navas asked about the bathrooms being an additional snow melt
area.
Otis said no this articulates it is a remote bathroom facility, there is no snowmelt in that
area.
Council member Diana Donovan asked about a separate fireplace in the large room.
Otis said there is not a fireplace in the main room.
Council member Chuck Ogilby asked if there is a different access from the terrace to
the main entrance.
Otis stated there is snowmelt access to the main entry and into the front door, and there
is snowmelt in the service area also.
Mayor Pro-Tem Sybill Navas asked how the wish list items impact the rest of the project
and what does that do to the rest of the items in the original project costs.
Chris said they can tell Council what the costs would be and what the impacts would be
before they add that item to the budget and the project.
4 Vail Town Council Meeting Minutes for February 6, 2001
Council member Rod Slifer said there is a $700,000 additional cost if the wish lists are
added to the cost without the fireplace. He said this is too much and it's too early in the
project to be looking at it now. He would like to see the project move forward without
the wish list items on it at this time.
Mayor Pro-Tem Sybill Navas said the restrooms are not expendable and are on the
wish list. She said she assumed the restrooms are part of Phase One, and most of the
wish list items are expendable and can be put off at this time.
Chris said that if the Council says the budget is a certain amount with the restrooms
included they will make it work.
Council member Greg Moffet said he is comfortable with Rod's suggestion and wants to
move forward to the extent that they can keep options open on wish list items.
Council member Diana Donovan said they need the restrooms. She still believes this is
a dangerous section of the road and needs the medians to make it safer and parking
would not be a good idea on the Frontage Road. She also stated the landscaping
could be added later and a fire pit is not a priority and it is a safety issue. She also
thought the fireplace was included in the main room not in the lobby and the snowmelt
comes down to what makes financial sense in the long run. She had questions about
some of the line items that didn't have costs, like the CDOT and Corp. of Engineer
processes.
Chris said the permits for these processes will be minimal and not worth budgeting right
now. They are assuming the costs will be around $1,000 a piece.
Council member Diana said they should then have $1,000 budget for each.
Chris said they are following their recommendations. He said some federal costs could
include army corp. of engineers fees, floodplain application processing; typically there is
not a fee but it could delay the project.
Additional discussion ensued regarding future fees in several areas.
Council member Diana Donovan said the budget is still $10,350,000 and we can't go
over it. And add additional items as time goes on. She reiterated that bathrooms are
not a wish list item.
Bob McLaurin stated he agrees that they need to work with the budget and project
items and add wish list items later.
Chris explained the tentative timeline of the facility construction schedule of Phase One.
5 Vail Town Council Meeting Minutes for February 6, 2001
Otis stated the design development phase goes through March, final approvals from
DRB on March 23 and PEC on March 26, and then coming back to Council on April 3,
2001 with design development full documents, cost statements and full presentation all
in one. They have set up the process to bid the early site work and to start site work in
early April 2, 2001. They would expect the project to be complete by July 4, 2002.
Council member Diana Donovan asked if a swimming pool is still in the project.
Todd Oppenheimer stated the Phase Two portion or recreational facility, he asked the
design team what would be the impacts to the utilities being buried in Phase One-A, if
that was a swimming pool and basically they said it didn't make much difference. He
was thinking ahead and it is not part of the project at this time and there are no
additional costs at this time.
Council member Chuck Ogilby said he agrees with Rod's suggestion, with the addition
of the restroom facilities. Diana had good suggestion on the artwork and bleachers and
they may be put off for a while.
Mayor Pro-Tem Sybill Navas, said the cost of the artwork budget includes the
philosophy of the Art in Public Places Board to spend a little more to add unique paving
patterns or benches that are not picnic benches.
Todd stated the estimating process has moved forward very quickly and it is a line item
being carried forward so it doesn't get lost in the process. It is not intended for
sculptures but for unique aesthetic items.
Mayor Pro-Tem asked if there was any public comment.
There was no public comment at this time.
Council member Diana Donovan asked where the per square foot cost is now.
Chris said it is around $420 square foot or $380 without any contingency funds.
Council member Diana Donovan said this is not an Eagle-Vail Pavilion. This is a fancy
place which would also be used for community performing arts, dance classes,
weddings. It is an upscale Eagle-Vail Pavilion and this needed clarification and which is
apparent by the $420 square foot cost. She also asked if the things that were promised
to the neighborhood on the second bench if they should be budgeted into this project or
not.
Carol Hymers, Glen Lyon neighborhood resident, stated she could speak about the
second bench and what the neighborhood has asked. She said presently nothing has
6 Vail Town Council Meeting Minutes for February 6, 2001
been promised to the neighborhood or the community on the second bench. What they
want to see on the second bench is a children's park and there is tremendous amount
of interest in this for a children and community park. They would love to see something
this spring and if it could be rolled into this project that would be great. When they have
firm letters they will come to the Council.
Michael Cacioppo said there are two suggestions to avoid that are problems elsewhere.
The Eagle-Vail Pavilion has a problem with their flooring and events have problems with
it and it interferes with electrical equipment such as DJ equipment. Also, the Singletree
Community Center has a solid floor but has an echo chamber going on and they are
spending additional money to solve the echoing problem.
Mayor Pro-Tem Sybill Navas stated they were not out to duplicate the Eagle Vail
Pavilion or the Singletree Community Center. The idea was to give the community
world class facilities that would be commiserate with our image as a world class resort.
It is also a place the community would be proud of and have multi-use events there
including performing arts, dances, weddings and other events.
Council member Diana Donovan stated she was clarifying the concerns of community
members that thought they were getting an Eagle-Vail Pavilion and was looking to
Sybill for clarifying that point since she was more involved in this project.
Council member Greg Moffet made a motion to proceed with the next step in budgeting
to refine the numbers per Rod's suggestion and he made a motion to prepare and
award a contract for Phase One-A to Continental West Constructors, Inc and he also
made a motion to prepare a Request for Proposal (RFP) for the design/build approach
for the construction of the garden wall. Council member Rod Slifer seconded the
motion.
Council member Kevin Foley has concerns about the budget numbers and it needs
flushing out, he also has concerns about what is included in the construction budget
now and needs clarification. He said he is all for getting this project going but he has
also heard from community members about their concern they are getting an Eagle-Vail
Pavilion for the money. He is looking at the pocket book and wants to make this project
work. He addressed the folks who live in the Matterhorn area and stated there are still
some people who are holding out hope to use the middle bench of Donovan Park for
affordable housing to help ease the housing problem.
Todd extended an invitation to Council to set up time to get detailed explanations on
any budget items, and he will arrange a time with Chris and Otis to answer any line item
budget they need answers on.
7 Vail Town Council Meeting Minutes for February 6, 2001
Mayor Pro-Tem, Sybill Navas, said they are still wrestling with the floor plan and a
question is how are you balancing the long term maintenance with a quality project that
retains its quality and integrity over the years with hard and multiple uses.
Council member Diana Donovan said she would be voting against the project because
she feels the project could be done without using RETT funds.
Council member Chuck Ogilby says he wants to see the bathrooms added from the get
go and asked that the motion be amended to include the restrooms
Council member Greg Moffet amended his motion to include the restrooms in his
motion. Council member Rod Slifer seconded the motion.
A vote was taken and the motion passed 5-1, Council member Diana Donovan was
opposed.
Chris asked for clarification on whether the bathroom costs were included in the
$10,350,000 cost.
Mayor Pro-Tem Sybill Navas said the restrooms were to be included in the $10,350,000
budget.
A five-minute break was taken.
The third item on the agenda was the Consent Agenda. Approval of the following was
requested:
- Minutes of January 9, 2001 and January 16, 2001 meetings
- Second Reading, Ordinance No. 1, Series of 2001, Order of Business
- Second Reading, Ordinance No. 2, Series of 2001, Subdivision
Exemptions
Council member Chuck Ogilby made a motion to take out of the consent agenda the
second reading of Ordinance No. 2, Subdivision Exemptions.
Mayor Pro-Tern Sybill Navas stated there are some changes that need to be made to
the meeting minutes and would suggest they separate all items under the consent
agenda and consider them all separately.
Council member Chuck Ogilby made a motion to separate all items under the consent
agenda. Council member Kevin Foley seconded the motion. A vote was taken and the
motion passed unanimously, 6-0.
Mayor Pro-Tern Sybill Navas stated that she received a note from Kaye Ferry stating
her comments from January 16th minutes indicating that her comments were not
8 Vail Town Council Meeting Minutes for February 6, 2001
thanking the Council for the bubble on the golf course but remarking that in her opinion
it was beautiful.
Also, referring to the makeup of the board of directors of the Vail Chamber and
Business Association, was not that there was a board of directors in place but that the
board agreed to keep in place the existing board today which consists of the board of
directors of the Vail Village Merchants Association, the Lionshead Merchants
Association, the Vail Chamber of Commerce and the addition of a West Vail and Vail
Associates member to the board. That board would serve in the interim until the annual
meeting in October and there was no mention that Kaye would serve as president until
that time.
Council member Greg Moffet moved to approve the meeting minutes of January 9 and
16, 2001, with those changes. Council member Kevin Foley seconded the motion.
Council member Kevin Foley asked about item number six on the January 9th meeting
minutes regarding the appointment of the managed growth agreement task force
members, he said it was deferred at that time. He wants it back on the schedule to be
handled.
Council member Diana Donovan said on the January 9th meeting minutes that on item
number 4, the last sentence should read to obtain a safer environment with the
creative approach", is key to that thought. She read the sentence in full: "Councilman
Donovan suggested this would be an opportune time to come up with a plan to
eliminate curbs and obtain a safer environment with a creative approach."
Council member Greg Moffet amended his motion to include the changes made by
Diana, stated above, and Council member Kevin Foley seconded the motion.
A vote was taken and the motion to approve the meeting minutes of January 9th and
16th as amended passed unanimously, 6-0.
Council member Greg Moffet made a motion to approve on second reading, Ordinance
No. 1, Series of 2001, amending Section 1-5-11C of the Municipal Town Code
establishing the order of business of regular and special meetings of the town council
and Council member Chuck Ogilby seconded the motion.
Council member Chuck Ogilby asked if this includes the Mayor Pro-Tem as well as the
Mayor to change the agenda.
Council member Greg Moffet stated that if the Mayor is gone, the Mayor Pro-Tem acts
as mayor anyway.
9 Vail Town Council Meeting Minutes for February 6, 2001
Council member Kevin Foley stated he would like to make his Council reports at the
end of the meeting since he wasn't at the afternoon meeting.
A vote was taken and the motion passed unanimously, 6-0.
The next topic was second reading of Ordinance No. 2, Series of 2001, Subdivision
Exemptions.
Mayor Pro-Tem Sybill Navas stated that earlier today there was concern regarding the
content of this ordinance.
Brent Wilson, Town Planner, stated what this ordinance would do is create a review
procedure for those types of plats that the town processes where a formal subdivision
of land doesn't occur. Currently the subdivision definition and the subdivision review
process is geared toward dividing land into multiple parcels and they review many plats
where there is no division of land into multiple parcels, examples are a correction plat, a
building envelope adjustment or a right of way boundary adjustment. All of the
language that is provided in this ordinance was either adopted from the subdivision
regulations from four other jurisdictions across Colorado or already appears in the town
code. The criteria and review standards come from four other subdivision codes across
the state and the requirements and procedures section come from existing
requirements and procedures in the town code for these types of applications. At the
Town Council's request on January 16h, staff has added the language to item seven on
page two, "single family or duplex lot boundary" and staff also added a sample plat title
certificate like they do for all other plats in the subdivision regulations. Other than those
changes there are no other changes.
Council member Chuck Ogilby said the concern he heard from the community under
number four, is the town holding itself to a different standard than we do the public and
is this beyond the scope of what we are trying to accomplish by making simple
adjustments for plats a simpler process. Are we putting ourselves in a position to be
criticized and does this transfer into other issues like condemnation and open space
too.
Brent said the format content and procedures are identical to what is on the books for
other types of subdivision processes. On page two, exemption plat format and content
shall be as outlined in Section 13-3-6 of the subdivision regulations, that is the same
format and content that applies to all of our other types of plats. The public notice
requirements and public hearing requirements are still in place. When we say it's an
exemption we are exempting it from the definition of subdivisions so there is no creation
of parcels. There is still the same plat review process, public notice process, public
hearing standards as other plats go through. The criteria is identical as other plat
reviews we have in the code.
10 Vail Town Council Meeting Minutes for February 6, 2001
Mayor Pro-Tem Sybill Navas asked what the specific reason is for including item
number four.
Brent said a lot of the projects that the town is involved in doesn't require the need to
subdivide the parcel into multiple parcels. This allows the town to have an accurate plat
with an accurate legal description. It helps the county get accurate records of the
boundaries; it would have accurate applicable title information on the plat and is really a
good record keeping benefit.
Council member Diana Donovan asked if it wouldn't be easier to redefine subdivision.
Brent stated staff looked into that but the definition comes out of Colorado Statutes and
they didn't think it would be appropriate to have a different definition from the statutes.
They took the seven applicable criteria from codes from other places around the state
and as far as land use planning, they didn't want a different definition than what the
State of Colorado recognizes.
Tom Moorhead, Town Attorney, stated that our code is actually deficient by not having
this provision in it. This facilitates correction plats as described by Brent and facilitates
the other processes in the code and is a customary and standard land use provision.
This is nothing unique; it is a matter of creating an opportunity for the platting process to
proceed in a more orderly fashion.
Council member Diana Donovan asked if it could be tabled for another two weeks.
Tom stated that this has been in the process for two years and another two weeks
wouldn't make a difference. Brent moved forward on this after they had enough plats
going through the subdivision process unnecessarily.
Mayor Pro-Tem Sybil Navas asked what happens when a plat that doesn't need to be
subdivided goes through the subdivision process.
Tom said it goes through the subdivision process. He gave an example of a right of
way going through a lot it goes through the subdivision process instead of the
correction process.
Brent said it makes it clear and concise to do it this way.
Council member Diana Donovan asked what the difference was between a correction
plat and exemption plat and the subdivision review process.
Brent stated it is the definition of subdivision.
11 Vail Town Council Meeting Minutes for February 6, 2001
Council member Diana Donovan asked if they could get a list of parcels that this would
apply to that the staff knows of now.
Brent said they could bring it back in a couple of weeks.
Art Abplanalp, a local attorney, stated if it is going to be tabled he will not go through
the list of items he is concerned about at this time. If what is being presented as Brent
said it wouldn't be a problem. However, this could create additional issues and he
doesn't feel it addresses the public notice or public hearing process. Affected property
owners may not be notified of any change. Applicant is not defined and there are other
aspects that need to be cleared up. He said he would return in two weeks to discuss
the issues he has with this ordinance.
Mayor Pro-Tem Sybill Navas stated there is sufficient concern with this ordinance and is
worth further discussion.
Brent stated two weeks would not make a difference in this ordinance and invited Art to
meet with staff before two weeks and get the issues ironed out before hand. He
referred to page 2 and 3 regarding the public and hearing notice and said it comes
directly out of the town code for special development district minor amendment
regulations.
Further discussion ensued regarding the process of subdivision plat reviews versus
plats that are not being subdivided but need corrections.
Tom stated this ordinance is beneficial to individuals who come forward to make
corrections to a plat. It facilitates the amendment and recording of plats as opposed to
going through the subdivision process. It is something the town has been urged to do
by community members who have had to go through a platting process unnecessarily
when all they are doing is correcting a plat.
Jim Lamont, representing the Vail Village Homeowners Association, items five and six
on page two goes to the heart of what Tom has talked about. He has reviewed several
different subdivision codes and included this in the Red Cliff codes because private
property disputes could be handled administratively. He hasn't had time to review the
ordinance thoroughly but would like to meet with staff to get a clearer picture of this
ordinance and would like to join the meeting with Art Abplanalp to discuss the issues.
Brent said the condemnation issue Art brought up is addressed in the town code and
the State of Colorado statutes. They are just creating a process to review the plat.
Council member Kevin Foley made a motion to table Ordinance No. 2, Series of 2001
for two weeks, and Council member Rod Slifer seconded the motion.
12 Vail Town Council Meeting Minutes for February 6, 2001
A vote was taken and the motion passed, to table for two weeks, unanimously, 6-0.
The fourth item on the agenda was First Reading of Ordinance No. 3, Series of 2001,
an ordinance amending the Town Code, Title 12, Chapter 6 to the Town of Vail Zoning
Regulations to allow for the addition of Article I. Housing (H) District; amending Chapter
4, Districts Established; Amending Section 12-15-2: GRFA requirements by zone
district; amending Title 12 Sign Regulations, Chapter 4, Sign Categories, Section 11-
4a-1: Signs Permitted in zoning districts and setting forth details in regard thereto.
Allison Ochs, Town Planner, stated she was passed out a revised copy of Ordinance
No. 3 taking into consideration a few of the comments that were made at the
worksession. There was a statement added in one of the whereas provisions, that
provide for adequate sites for employee housing within the town. The other whereas
was not removed because there was only one council person asking to have it
removed; however it can be removed before second reading if necessary. Also,
affordable was taken out of the body of the text of the ordinance and it now reads
employee housing.
Allison stated the work session discussion was primarily about whether or not dwelling
units would remain a conditional use. Currently, according to the new housing zone
district dwelling units, not employee housing units, are a conditional use, subject to the
following criteria:
A. Dwelling units are created solely for the purpose of subsidizing employee housing
on the property.
B. Dwelling units are not the primary use of the property. The GRFA for dwelling units
shall not exceed 30% of the total GRFA constructed on the property.
Dwelling units are only created in conjunction with deed restricted employee housing.
Dwelling units are compatible with the proposed uses and buildings on the site and are
compatible with buildings and uses on adjacent properties.
Today Council expressed concern about dwelling units as a conditional use. There was
discussion about eliminating them altogether as a conditional use or to limit the Gross
Residential Floor Area (GRFA) to less than 30%.
Mayor Pro-Tem Sybill Navas said there was definitely a difference of opinion on this
ordinance.
Council member Chuck Ogilby stated the percentage should be lowered from 30% to
15%.
Council member Greg Moffet said the town was so busy requiring perfect conduct from
everyone that they created a situation where no one will do what the town wants them
13 Vail Town Council Meeting Minutes for February 6, 2001
to. He said this ordinance would not get people to voluntarily comply. By limiting the
ability of a developer to do build in a financially viable way, no housing will be built.
Council member Diana Donovan said on the other hand there are people who want to
make money and would rather not build affordable housing.
Council member Greg Moffet stated he doesn't believe anyone will come in and build it
out of the goodness of their heart. He said if you want housing someone will have to
build it and you will need to have an up side to it.
Further discussion ensued.
Council member Kevin Foley stated it is the responsibility of the PEC and with the
oversight of the Council to make sure the projects get done the way they want to see
them built. These regulations give the town more of an opening to see things built.
The PEC knows what this ordinance is trying to accomplish and so does the Town
Council. He thinks this ordinance can spur people to build housing.
Council member Rod Slifer said this afternoon he had originally stated he didn't care
one way or another but has since changed his mind. He said he would vote for the
30%, based on the recommendation of the PEC. He also added that under conditional
uses it is laundra mat not laundry mats.
Mayor Pro-Tem Sybill Navas said she agrees with Diana. Her concern is having the
30% dwelling units included when the parameters of the size of the project are not
defined. She is concerned they'll get larger projects in the interest of including dwelling
units, to pad the profit, when in fact it might be more suitable to have a building that
works economically in terms of a housing project that is scaled down. She said it is
unrealistic to think that Council is considering this zone district on undeveloped pieces
of land that somebody might be dreaming of developing. The fact is it will apply to land
that the town owns and an RFP will have to be sent out anyway. She doesn't see it
applying to other land that someone wants the zone district to apply to their land. She
is inclined to state dwelling units not be included.
Council member Rod Slifer said made a motion to table Ordinance No. 3, Series of
2001 for two weeks. He said it looks like there would be a 3-3 vote and it will fail.
Council member Chuck Ogilby said he would vote for this ordinance. He would rather
see the percentage at 15% or at 0%, however, he would vote for it because we need it.
This is a very important piece of legislation that this town needs.
Mayor Pro-tem Sybill asked if they shouldn't wait for Ludwig Kurz to return and have a
full Council to vote on this issue.
14 Vail Town Council Meeting Minutes for February 6, 2001
Council member Chuck Ogilby stated they could wait for Ludwig Kurz to return to vote
on this ordinance.
Allison asked if there is any further information that she could provide before the next
Council meeting that may help them with their decision.
Council member Kevin Foley asked for information about what other municipalities
allow.
Council member Diana Donovan said she doesn't think replacing affordable housing
with employee housing does what we want it to do.
Allison stated they took out affordable in the preface statement and doesn't have a
problem adding deed restricting in the ordinance.
Mayor Pro-Tem stated there was a motion on the table and need a second.
Council member Kevin Foley seconded the motion to table this ordinance for two
weeks.
A vote was taken and the motion passed, 5-1, Council member Greg Moffet opposed.
The fifth item on the agenda was First Reading of Ordinance No. 4, Series of 2001;
amending Chapter 12-10, Town of Vail Code (Off-Street Parking and Loading); with
specific regard to the "Parking Pay-in-Lieu" Policy application and fee structure; and
setting forth details in regard thereto.
Brent Wilson, Town Planner, stated Ordinance No. 4, Series of 2001 will adopt the
changes to the Town's "Parking Pay-in-Lieu" policy requested by the Town Council over
the past six months. An amendment to the fee structure per the request of Council was
added and an addition of a new area for the pay in lieu program. Currently the program
is implemented by zoning. Based on the direction by Council, the maps have been
amended. On May 27, 2000, the PEC recommended approval of the changes and staff
is recommending approval of Ordinance No. 4 on first reading. Council had asked to
put this on hold because the town was going through the process of working with a
consultant on the parking management plan and that is where the delay came from on
this ordinance.
Council member Kevin Foley asked if the recent removal of property in the Vail Village
and Lionshead areas would contemplate redevelopment they would have to have
parking on site.
Brent said that was correct
15 Vail Town Council Meeting Minutes for February 6, 2001
Mayor Pro-Tem Sybill Navas asked if the anticipated result was to have more parking
places provided on-site and less impact in the parking structure
Brent said that is correct and is one of the objectives.
Council member Diana Donovan said she thought this might bring the opposite result
when combined with the 30% reduction in the parking requirement, when it will
discourage people from redeveloping because they could add so much square footage
on without having a parking requirement because they remain a parking pay in lieu
property until they redevelop.
Brent stated there are two distinct issues with parking when talking about the zoning
regulations; one is the parking generation, and the other is parking pay in lieu. When
you talk about a business getting to bump out 30%, it is because Council adopted a
new parking generation ordinance last March. If they find the 30% unacceptable, the
town can reassess the parking generation issue. However, this ordinance addresses
the location of parking and if you pay off-site what the pay in lieu requirement is and
what dollar amount. He said to alleviate concerns about the term demolition/rebuild
they can adopt language that includes "at the 1,000 square foot floor area".
Council member Diana is still concerned where the balance is but this may hinder
redevelopment in Lionshead.
Brent says if the ordinance is not adopted the same scenario still applies.
Council member Diana Donovan said she will be voting against this ordinance because
30% reduction in the parking requirement and reduce the cost of what is left, puts the
burden on the taxpayer as a whole. The last few weeks indicate we have a parking
problem not a development problem. She said we have a vicious circle going because
we are encouraging redevelopment but we do not have enough parking.
Brent said by adopting this map they are taking out a number of properties in the pay in
lieu program and it would require them to redevelop and add on-site parking.
Council member Diana Donovan said she agrees in theory but still believes it would not
be an incentive to redevelop.
Council member Greg Moffet said he differs with Diana. What is causing the parking
problem is not the merchants or restaurants. The parking impacts are a direct effect of
the ski mountain. The pay in lieu program is a tax on development on commercial
property. The long-term objective of parking pay in lieu will continue to prevent retail
diversity and redevelopment as well. He would prefer to get rid of it all together. He
won't vote against this because it is a substantial move in the right direction. He would
still rather see a fee of zero for commercial properties.
16 Vail Town Council Meeting Minutes for February 6, 2001
Council member Rod Slifer said he agrees with Greg, the parking impact is driven by
the ski mountain and not the retail businesses.
Council member Kevin knows several people he knows have held off on redevelopment
because of the parking issue. He thinks this is a step in the right direction. He also
stated the need to be talking about the Frontage Road parking.
Jim Lamont, representing the Vail Village Homeowners Association, there is real
progress in clarifying who and who isn't eligible for the parking pay in lieu. His other
concern is the exemption process for residential properties in pay in lieu areas. He said
they need to be very clear and explicit on the exemption process and should be
addressed before second reading. He also stated that since the business community is
not in the Council chambers en masse indicates that there is an acceptance to this
approach. Any incentive to allow small businesses to flourish is indicated but need to
be careful in this area. This is a good step.
Further discussion ensued.
Kaye Ferry, said she takes exception of Jim's statement about this was a concern of
the business community they would all be there. She said she is representing all 596
business community members at this time and if they had their way they would want the
parking pay in lieu program thrown out for any retail businesses and property owners.
As Greg stated, the business community is not the reason there is a parking problem.
She said the retail community has all the parking they need as it exists with the
exception of the ski mountain. She said she challenged Greg and Sybill, since they felt
the parking pay in lieu was inappropriate and yet they are willing to take this because it
is better than it was.
Mayor Pro-Tem Sybill Navas corrected Kaye and stated for the record she did not say
that parking pay in lieu was inappropriate.
Kaye then stated she challenged Greg to change his stance and not vote to approve
this ordinance just because it is better than what we had in the past, it's not what they
want. It's either right or it's wrong. She would like to see the parking pay in lieu gone
for all retail businesses in the community and if that's your opinion and that's what we
support, then that is what his vote should be so they don't have to keep coming back on
this issue every six months or every year. She wants him to vote to change it to the
way it should be and work toward a way that benefits all of us.
Mayor Pro-Tem Sybill Navas said she agrees with Kaye on voting the way you really
feel is appropriate. She said Jim's comment on making progress on which properties
are in and out is significant. She intends to vote against this because the retail
17 Vail Town Council Meeting Minutes for February 6, 2001
businesses have paid their dues on parking and the continued assessments need to
come from a different source.
Council member Greg Moffet made a motion to approve Ordinance No. 4, Series of
2001 on first reading, with the exception of Section 12-10-16b(4), the elimination of the
$6,137.27 fee for commercial uses and substituting zero dollars for commercial uses.
Mayor Pro-Tem Sybill Navas stated she would second it if she could.
Council member Rod Slifer seconded the motion.
Brent stated they also needed to amend the trigger from the demolition/rebuild to 1,000
square feet consistent with the Lionshead zoning.
Council member Greg Moffet amended his motion.
Mayor Pro-Tem Sybill Navas asked which one was consistent with the Lionshead
zoning.
Brent stated that right now the way it's drafted, the trigger is upon demolition/rebuild.
The language that they had in the Lionshead zoning was that anytime you add dorm
units, accommodation units, fractional fee units or 1,000 square feet of commercial floor
area that is considered significant redevelopment. So if it's a concern for Council, we
can change what's on the books right now.
Further discussion ensued on the parking problem.
A vote was taken and the motion passed, 4-2, with Council members Diana Donovan
and Kevin Foley were opposed.
The sixth item on the agenda was the Adoption of Resolution No. 1, Series of 2001,
the Town of Vail Land Use Plan and Map.
George Ruther, Senior Town Planner, stated the Community Development Department
came to Council about a month before to approve the official Town of Vail Address Map
and now they are coming before Council to have the official Town of Vail Zoning Map
approved. The reason for doing this to take advantage of the new technology they
have and as indicated it does not amend nor does it alter the existing contents of the
paper map. This replaces the format of the map with digital technology and provides
the towns customers with enhanced services.
Council member Greg Moffet made a motion to adopt Resolution No. 1, Series of 2001,
and Council member Kevin Foley seconded the motion.
18 Vail Town Council Meeting Minutes for February 6, 2001
A vote was taken and the motion passed unanimously, 6-0.
The seventh item on the agenda was the Adoption of Resolution No. 2, Series of 2001,
a resolution to provide the Town Council shall ex-officio be appointed the
Commissioners of the Vail Housing Authority.
Council member Greg Moffet asked Tom what ex-officio means.
Tom said the Town Council would not only serve as the Council but would also serve
ex-officio as the board for the housing authority. He said the Housing Authority was put
in place by Resolution No. 25, Series of 1990 and the member's terms have expired.
Tom said Greg was on the last housing authority as the nonvoting member from the
PEC. The last term has expired in 2001. If you adopt this resolution the Town Council
would serve as the board members of the Housing Authority and have meetings as the
Housing Authority where you would work as that body. At that time, the Council would
decide whether they wished to continue to fill that role or whether you wished to fill that
role until such time as the Council would appoint other members to the Housing
Authority.
Council member Greg Moffet asked if this was like the marketing board where the
Council could continue to occupy the position as the Housing Authority. He asked if
there were existing Housing Authority charter provisions that would prohibit that.
Tom said no, the Housing Authority functions pursuant to the Housing Authority section
of the Colorado Revised Statutes. It is a separate political entity and is formed by
resolution with specific findings of the needs of the community. Those findings were
made in 1990.
Council member Greg Moffet made a motion to adopt Resolution No. 2, Series of 2001,
and Council member Chuck Ogilby seconded the motion.
Council member Kevin Foley asked if this meant extra meetings.
Tom said definitely there would be extra meetings that would have presentations in
regard to housing issues. There was a learning curve that the original Housing
Authority went through. They have tremendous power to function as an independent
body. There have been significant programs developed by the housing authorities in
the state. One recent program was a $16 million dollar development at the Telluride
Mountain Village Resort. It does have the opportunity to address the housing needs
and can be significant and will take some time.
He named several previous board members that put in significant time that were in
positions that are allied in addressing some of the housing issues.
Mayor Pro-Tem Sybill Navas asked if it is legal to have a meeting adjacent to a Council
19 Vail Town Council Meeting Minutes for February 6, 2001
meeting. She said this would be an interim state until other board members could be
appointed.
Tom said yes, these meetings could be in adjacent to the Council meetings. He said in
regard to various properties are being considered for housing it would be appropriate to
have the Housing Authority be involved in some of those decisions. It is appropriate for
the Housing Authority to start meeting and to move forward. Consistent to one of the
work sessions, they should meet and bring in people who can explain the advantages
and what can be done by Housing Authorities, and what the time commitment might be
and to determine whether Council wants to continue to be that board or if they wish to
appoint other people to be board members on the Housing Authority.
Council member Diana Donovan said she see why they need to do this step but wants
a non-political Housing Authority so they can make more intelligent, and less emotional
decisions and have the Housing Authority manage the housing inventory.
Bob McLaurin said he has had conversations with previous board members that may be
willing to serve on the Housing Authority again.
A vote was taken and the motion passed unanimously, 6-0.
The eighth item on the agenda was the Town Manager's Report.
Bob McLaurin, Town Manager, stated he had nothing to add.
Mayor Pro-Tem Sybill Navas asked if they needed any decisions on any of the items today.
Pam said they did need action from Council on the Consolidated Municipal Center.
She stated as outlined in the Council's Critical Strategies, staff has solicited a feasibility
study to review the possibility of locating the following functions on the current
municipal/community development site: underground parking, two company fire station,
the police department would remain, town administration offices, court, council
chambers, community development, centralized information services, and affordable
housing. She said they received good comments from Community Development this
afternoon on the feasibility study offer. There are further items that are not in the study
but they would want included in the fee of $20,000 to $25,000, which would include the
surveying of the site, soils investigation, interior design, structural and electrical and
mechanical engineering if they are required by the study. Staff would be more
comfortable having a "not to exceed dollar amount" on those and as they progress,
perhaps they can come back to Council as they move forward on this.
Mayor Pro-Tem Sybill Navas asked about the item under phase two of the budget
study, does this imply giving the town a rough estimate of the cost to build it.
20 Vail Town Council Meeting Minutes for February 6, 2001
Council member Diana Donovan stated she couldn't believe we are considering all
these projects at the same time.
Bob McLaurin stated he thinks this is a ten-year project. You need to start doing the
work now and it's something that evolves over time. The western part of the building is
functionally obsolete, this isn't competing, and it is a long-term project. This is not in the
budget; it would be a supplemental.
Mayor Pro-Tem Sybill Navas stated there are two items on the list that the Council has
been trying to address, the fire station and the centralized information services as part
of the immediate goals.
Bob said the three things pushing this are the obsolete functionality of the building, the
fire station and the centralized information services discussions. It will take a long time
to get this project going. This step is just to see if it is feasible to do.
Council member Diana Donovan stated something has to fall out of the program.
Bob said they are not funding any capital this was done because staff thought they
were following the direction of Council. If this was not the case, they can pull it off the
table. However some Town Council and some Town Manager will have to address this
issue.
Further discussion ensued.
Council member Greg Moffet said he didn't think the Council needed to authorize this
since it would need to be on a supplemental anyway. He said he would agree to have
this added to a supplemental.
Four Council members gave Bob the go ahead to add this as part of a supplemental.
Council member Diana Donovan said to do as little as possible since this is a long-term
project several things would change over the years and the town doesn't have the
money.
Pam Brandmeyer then asked the Council for a decision about scheduling the
construction hours. Fourth of July falls on a Wednesday this year.
Council member Kevin Foley asked what major construction projects is the town
anticipating in Vail Village and Lionshead this summer.
Pam stated the Vail Athletic Club will be continuing.
Bob said they would need to do more research.
21 Vail Town Council Meeting Minutes for February 6, 2001
Council member Kevin Foley stated he would be comfortable with Friday through
Sunday this year.
Council member Greg Moffet asked what the big employers are doing.
Pam said this would be a big impact to the construction community if it's closed down
for Monday, Tuesday, Thursday and Friday.
Further discussion ensued.
Council member Rod Slifer asked for a list from Community Development on the
construction projects that may be affected. If it is not too many then the town could do
a longer time frame.
Pam stated she would bring this back to Council at next weeks work session.
Pam said she had information from Steve Thompson regarding percent of the total
county-wide revenues from property tax is 19.4% and total county-wide revenues from
sales tax is 22%. So about 42% of the county's budget comes from countywide sales
tax and property tax.
Council member Greg Moffet asked where the rest comes from?
Pam said they could find out and put that in the Council packets on Friday. Their total
budget for 2001 is $60 million and does not take into account any reductions for
interfund transaction transfers.
Council member Kevin Foley said there was a lot of discussion about parking and
Frontage Road parking and it is not going to go away and it isn't getting better. The
town needs to sit down on the managed growth agreement and manage the town's
growth. We need to make sure the impacts of the ski mountain aren't hurting the town
and people are not getting hurt.
Bob said the ski company is estimating the Colorado Pass is about 12% to 15% of the
total skier's year to date. The ski company has offered to shuttle people. The town
thinks that is a bad idea because there is enough already going on. He has asked that
Vail Resorts consult with the town before they give away ski days next year and restrict
them to mid-week days.
Council member Chuck Ogilby asked if they could give incentives to people to carpool.
Bob said they talked about it but run out of time this year but will consider it next year.
22 Vail Town Council Meeting Minutes for February 6, 2001
Further discussion on incentives and having people come at non-peak times ensued.
Council member Kevin Foley said the Red Sandstone PTA wants a letter from the
Council stating what the intention is for the athletic field at Red Sandstone is a this time.
He said this is the only school that doesn't have an athletic field.
Bob stated he met with the Nancy, the Red Sandstone PTA president, last week and
she is informed of the status.
Council member Greg Moffet said the marketing advisory selection of an advertising
agency is complete as of today. Also, he attended the childcare facilities meeting last
week and Council will hear more about this next week.
Council member Chuck Ogilby attended a meeting with a bunch of water providers and
it was very informative and beneficial and there might be good things coming out of it
for the western slope. He said he received some e-mail from upset visitors about Vail
taking a position on the national publicity on the Hall case. He said how do they figure
Vail had something to do with it.
Council member Greg Moffet said the emails come from uninformed people.
Council member Chuck Ogilby said another issue is a letter from a guest on New Year's
about the police comment at the Dobson Ice Arena.
Bob said Greg Morrison responded to the woman and explained the procedure.
Mayor Pro-Tem Sybill Navas said she had one other item to discuss regarding an e-
mail she received from Glen Davis about the grand opening of the temporary ice arena
on February 17 He stated that most of the hockey players would be out of town the
day of the grand opening and wanted to move it to another date.
Council member Rod Slifer said the official opening is a later date. He said he was
pleasantly surprised that at night it is dark and it turned out better than he thought it
would.
Bob said he would call Glen and respond to his e-mail and will get a copy of the e-mail
from Sybill.
Council member Kevin Foley said the banners on the poles could depict other winter
activities besides skiing to show Vail is a winter Mecca.
He thanked Lorelei Donaldson for getting the amplified sound letters and permits out so
that all establishments are informed of the rules and regulations and hopefully they will
abide by them. He would like to see additional trash receptacles at each end of the
23 Vail Town Council Meeting Minutes for February 6, 2001
pedestrian overpass, chained, because the trash is accumulating through the winter
and maybe people would use it. Public Works did a great job on Matterhorn Hill
notifying people of the runoff problem the town had this past weekend. He thanked
them for getting on it so quick. He got a call from Banner Sports with a concern about a
big sign about skier lockers and storage and they wanted to know if they could put up a
sign without going through the correct channels.
As there was no further business, a motion was made by Council member Kevin Foley
to adjourn the meeting and Council member Greg Moffet seconded the motion. A vote
was taken and the motion passed unanimously, 6-0.
The meeting was adjourned at 10:30 p.m.
Respectfully submitted,
Sybill Navas
Mayor Pro-Tem
ATTEST: Lorelei Donaldson, Town Clerk
Minutes taken by Lorelei Donaldson
24 Vail Town Council Meeting Minutes for February 6, 2001
r
VAIL TOWN COUNCIL - MINUTES
TUESDAY, February 20, 2001
7:00 P.M.
The regular meeting of the Vail Town Council was held in the Town Council Chambers on
Tuesday, February 20, 2001. The meeting was called to order at approximately 7:00 P.M.
COUNCIL MEMBERS PRESENT: Ludwig Kurz, Mayor
Chuck Ogilby
Diana Donovan
Rod Slifer
Kevin Foley
Sybill Navas, Mayor Pro-Tern
Greg Moffet (arrived late)
STAFF MEMBERS PRESENT: Bob McLaurin, Town Manager
Tom Moorhead, Town Attorney
Pam Brandmeyer, Assistant Town Manager
Lorelei Donaldson, Town Clerk
The first item on the agenda was citizen participation. There was no citizen's participation.
The second item on the agenda was a discussion on the ABC/Learning Tree/Mountain Bell
Support, Commitments, and Funding.
Mayor Ludwig Kurz, stated there was a worksession this afternoon to discuss the Mountain Bell
site and future options of the site. Every member of Council is in agreement to make sure the
facility and service of the present schools will be continued either on site or elsewhere. Council
has given direction to staff that the Learning Tree and ABC school is included in future planning
discussions. He also stated they had several phone calls and e- mails requesting Town Council
support of continuing service of the schools. He said there has been no question there is Town
Council support for the schools.
Moe Mulrooney, Director of the Learning Tree, introduced Crickett Pylman, also a Director of
the Learning Tree, and Cindy Allward and Christy Grimms, Directors of the ABC School. She
said they want to make a proposal to the Council. The educators want early education at the
forefront of any plans made for this site. She said the Learning Tree and ABC vision of the
schools was to provide high quality childcare for the valley. She gave a historical background
of each school. They currently pay $1 per year for the lease space and thanked the Council for
that. Their programs extend to outdoor education on the land surrounding the schools. As
directors of the schools, the next phase of their vision is to restructure and combine both
schools. And this is a wonderful opportunity to begin again. The schools belong to the
community not just the parents of the children who go to the schools. They are asking for
continued community support as well as Town Council support.
Cindy Allard, Co-director of ABC school, gave Council a wish list of what the schools wanted
from the Town of Vail. One is a commitment to continue to support an early childhood
education facility within Town of Vail limits. She stated the schools are non-profit and provide a
1 Vail Town Council Meeting Minutes February 20, 2001
valuable service. The second commitment is for the town to finance all construction and related
expenses. She said it is the only feasible way the relocation will work. The third item is to
provide the schools with a definitive site for relocation of both schools, the Mountain Bell site is
their first choice. Next, they want a guaranteed uninterruption of school service; a definitive
budget, town school relocation committee to be formed and a town/school lease at the same
price or go up to $2 a year.
Christy Grimms, Co-director of ABC School, highlighted additional wish list items they are
requesting. They would like a firm schedule for project and a timeline, they need a 4,500
square foot facility, a 99-year lease term at $2/year, no interruption of service, additional
construction money including carpet and cleaning, so they can keep it a "homey" environment
for the children.
Council member Kevin Foley asked if more students would be accommodated by the larger
square footage.
Moe Mulrooney stated both schools presently accommodate 44-48 students and the new
school could accommodate up to 60 additional students. Their waiting list is huge,
approximately 60 children per year. The reason they wouldn't get much larger is because it
would be difficult to find qualified staff to accommodate a large increase in size. And they want
to keep the coziness they have now.
Mayor Ludwig Kurz asked what the current square footage of each school was at this time
Moe said the Learning Tree has approximately 1,500 square feet and ABC School has
approximately 2,500 square feet.
Council member Sybill Navas asked about possibly putting infant care at Bright Horizons and
how would they feel to have an infant care facility attached to theirs but not necessarily
operated by them. There has been discussion that this would be an appropriate solution that
they be all located together.
Moe said they are not in the business of infant care. The best possible program that they could
make would be to collaborate and form one program that worked together and to pull the
resources together. They don't have the expertise and would need to find people with expertise
in that area. The infant/toddler program has much greater needs. They try to promote home
infant care so as not to spread germs.
Council member Chuck Ogilby said they received a lot of a-mails stating that they didn't want to
put the schools on the same site as housing. He asked them to go through the process of
putting the schools on the Mountain Bell site.
Moe explained the directors and boards of the schools looked at three possible sites; Donovan
Park, the west end at the Red Sandstone Elementary School and the east or west end of the
Mountain Bell site. She said the schools are not a recreational entity and it wouldn't be a good
fit on the Donovan Park site; the Red Sandstone facility had some good points but the site is
too difficult to access for drop off and pickup and more expensive to build there; and the
Mountain Bell site seemed the best site available. The schools are very willing to work with the
2 Vail Town Council Meeting Minutes February 20, 2001
Town to look at additional site inquiries but they need lots of nature and beauty around the
schools that they are accustomed to having for the last 24 years.
Council member Diana Donovan said something could be worked out. She stated she doesn't
think the town could or should pay for the whole thing nor is it an appropriate thing to do. She
said there are other opportunities in town and grants and other funding that can be had and
they can all work together to find a solution. She also stated that she didn't think any
displacement would be necessary.
Council member Greg Moffet said this isn't a private enterprise this is a community school. The
boards are made up of parents of children who attend the schools and dedicate time to the
schools. He stated this was exactly the thing that municipalities tax for. He said it is unrealistic
that the schools couldn't make it during relocation without municipal support they can't make it
alone. He stated that we should bend over backwards to keep these schools here and make it
as easy as possible for the schools to stay.
Council member Rod Slifer stated the Council is supportive and it would be hard not to support
this, but agreed with Diana that we can get funds from other sources and the community would
have some skin in the game, and raise some dollars from the community and not rely solely on
municipal support.
Moe said the timing is the most frightening because the time is so short, they spend a lot of
time in the classroom and they don't have the time and luxury to fundraise over and above what
they are doing now.
Council member Greg Moffet stated the schools don't break even on tuition now and they need
to fundraise every year to break even through fundraising at the Christmas Fair and Casino
Night. He said if they didn't do the fundraising, they would have to raise the fees and it would
be a stretch for most families. He said ABC has volunteer requirements for parents and
suspects that Learning Tree does as well.
Council member Sybill Navas stated her daughter is a graduate of both schools and private
care from Cindy Allard and is supportive of a commitment to keep them up and running. She
explained that the value to the community that the schools provide is important. She stated that
she didn't think the town should cover everything. She said as she looked at the wish list,
family participation should be there. She said the larger items are not of issue, but the moving
expenses should not be part of the expenses, that should be done by the families who
participate in the schools. She feels that the schools should get the community to donate paint
and carpet. She feels the there is a happy medium that can be achieved. She said also they
should get the families involved in moving the schools to a new location. She shared their
concern about the timeline and wished they all knew the timeline but felt the Council couldn't
make any further promises at this time. She said the Council was committed to making this
transition as smooth as possible.
Council member Kevin Foley asked when Casino Night was this year.
Moe stated it is set for Friday night, April 6th, 2001, and the town is a 'blue chip' contributor to
that event.
3 Vail Town Council Meeting Minutes February 20, 2001
Council member Chuck Ogilby said he didn't have anything to add.
Bob McLaurin, Town Manager, said the town could work with cost estimators and run their wish
list through them and get the budget dollars for them. The policy issue of what level the town
can fund cannot be solved tonight. He said as the town proceeds with the Mountain Bell site
they will continue to keep them informed and work with them to continue to support these
programs.
Mayor Ludwig Kurz, said the last time this discussion was around, approximately 14 months
ago, there was serious discussion regarding fundraising. He said he didn't see any effort in
their proposal for fundraising. He expects to see some fundraising and contributions from other
sources in the future. The overall support is strongly there, we just need to figure out how to
get it done.
Moe said they see the commitment from the town and when they know this is what they need to
do, they will search at other avenues of funding as the time goes on. What they need to know
is the timing and do they need to restructure and when.
Bob McLaurin said the questions couldn't be answered right now. He said the commitment the
town can make is to keep them in the loop and as soon as the town knows something the town
will keep them apprised.
Russ Forrest said they could engage a cost estimator and they could work with the schools and
find out what the costs may be at a goal setting meeting.
Council member Sybill Navas asked Russ for a best guess estimate about when a decision
would be made on this project.
Russ stated a preliminary approval could be done by late summer early fall and have
construction start in the year 2002. He said it is reasonable to have a basic project through the
process by early fall.
Mayor Ludwig Kurz said there is a level of urgency to this project and the town will not drag
their feet and will move forward with the project and keep the schools informed and in the loop.
Mayor Ludwig Kurz thanked everyone for their comments.
A five-minute break was taken at 7:30 pm.
The third item on the agenda was a discussion on Donovan Park.
Todd Oppenheimer, Landscape Architect for the Town of Vail, stated the design group is there
listen and get feedback from the Council, what concerns the Council and community have and
answer as many questions as possible. They are scheduled for preliminary discussions with
Design Review Board (DRB) tomorrow. He stated he had broken down the costs so Council
could see where the costs are at this time.
4 Vail Town Council Meeting Minutes February 20, 2001
Otis Odell, of Odell Architects, explained through the breakdown of the project and gave a
snapshot of where the project is as of tonight. He said that two weeks ago they were in front of
Council, and had a $10,350,000 budget and had asked for a higher budget. The design team
was told by Council that the budget was $10,350,000. He explained this has some economic
impacts. He reviewed a site plan, which included a 6,200-6,500 square foot pavilion. He stated
surface parking would impact the building site and reduced overall parking spaces from 150
and there could be 130-135 parking spaces. He stated any Phase Two development would
be impacted and they felt 150 spaces are necessary to accommodate future parking. It would
reduce and Phase Two building from 12,000 square feet to approximately 9,000-10,000 square
feet. From a design standpoint, surface parking was not as desirable as structured parking as
overall site coverage. There would be a budget savings of approximately $400,000 to
$500,000. The impact to the schedule would be a delay of approximately 4-6 weeks. The
Council and public are the client and this presentation is a preview and update of what DRIB will
be looking at tomorrow.
Scott Smith, from Sasaki, gave an update on the budget allocation. He stated there are some
key programmatic issues. One is the flexibility of the space and using it as a multi-use space.
They have worked with different scenarios, from use by small groups to larger groups that
would use the pavilion. The building doesn't lean one way or another to serve the purpose of
any one group but will serve the purpose well for each type of use. He reviewed the pavilion
design on the site and how it was integrated into the landscape. He said one of the concerns of
the new site is moving the building 60-70 feet from its current location and losing some of the
view and integration with the surrounding landscape. He stated they simplified the building. He
said the entry area could be used for smaller functions. He explained the pavilion space has
been reduced 800 square feet and will be able to set up a banquet style event and serve 144
people at tables, seat up to 200 people for movies, and approximately 150-160 people with
stadium-style seating. In summing up, he said the building is more efficient, and the building
fits better into the site.
Council member Greg Moffet said that one point early in the process, they talked about leaving
the parking structure as is without an upper deck. Does this program better with this option,
take off the top deck, live with 90-110 spaces and add the top deck at the time of a second
phase being developed.
Otis said 90-100 parking spaces would be under the necessary amount of parking spaces
needed for Phase One and there would be a wall unbroken that would be a difficult design
element to deal with in the interim.
Council member Sybill Navas asked for further information about the surface parking size.
Otis stated he didn't know what it was at this time but could research it.
Todd Oppenheimer, said the surface parking didn't increase the paved area very much.
Chris Squandra explained that changing the parking effects the pavilion site and the building
would lose proximity to entry into the pavilion.
5 Vail Town Council Meeting Minutes February 20, 2001
Todd said visually, what it does from the Frontage Road, with a parking deck, by tiering the
parking down, you look over the top of the parking and may see the last row of cars. He said
they added $100,000 for landscaping between Frontage Road and building parking to buffer the
view.
Council member Chuck Ogilby asked if the structure was built at a later date, how would that
effect the first phase now and what could they do to mitigate the impacts?
Chris stated there are two issues, one is an engineering issue with the wall. The wall would be
high and the use of landscaping to mitigate the height issue.
Otis said the number of parking spaces and having adequate parking would be an issue as well
as escalation of costs is another issue.
Council member Sybill Navas asked if the wall doesn't have to be as tall if there is no parking
structure.
Todd explained the wall doesn't have to be that high. He said the structural engineers felt that it
was not prudent, given the height of the wall that is needed, to attach a pre-cast concrete
structure to it. When you separate two tiers out there is an overall shorter wall.
Council member Sybill Navas asked how tall will the upper tier wall be with the second
scenario.
Todd stated the upper tier would go from approximately 13 to 15 feet for the upper wall and
drop down between 10-20 feet between walls and then have 4-5 foot high landscape walls.
Council member Rod Slifer asked if you take the old footprint without the deck, would the wall
be about 25 feet high versus 15 feet.
Todd said it would be 25 feet at the highest point. Also, added expense and utilization of
special construction techniques would have to be used.
Further discussion on parking scenarios was discussed as well as wall heights.
Council member Greg Moffet said the design team needed to go back and mitigate the wall with
the understanding if there is a Phase Two, there will need to be a deck built at that time and
limit the parking to 100-110 spaces.
Chris said the reason people build parking structures is because the land is more expensive
than the value of the parking deck. You would lose another half acre of land by using surface
parking versus a parking deck.
Council member Chuck Ogilby said if there is landscaping in front,of the wall. What would it
take?
Chris stated he didn't know at this time what it would take.
6 Vail Town Council Meeting Minutes February 20, 2001
Todd said instead of changing the program, maybe they should consider not paving it.
Council member Greg Moffet he is adverse to paving and allowing the parking dictate the
building location. He said the building needs to be sited and then make the parking work
around it. He stated the second deck is expensive and we may need to forego that to get this
thing built.
Council member Rod Slifer said he has gotten a lot of feedback from the community and said
the overall budget was too high. He said there are lots of things in the community that are
needed and people are saying it is too much to spend at Donovan Park. He agrees with Greg,
and said we should be building a surface parking lot and designing it so that it's one level. He
said you could build a deck on it later if necessary. He stated a gravel parking lot is not an
option and work on the wall. He said parking costs early on were $2 million and said if the
parking was one level, the savings could be more. He said the architectural style is too
contemporary and not appropriate for the site. He would like to see the building look like
something coming from Jackson Hole, Wyoming. He said the increased amount of glass from
the first plan was too much. He is worried about light and solar gain during an event,
particularly in the winter. He has a problem with the roof structure and roof design. He stated
the roof is currently designed to be supported by posts outside of the building, and is too
expensive. He stated this detail is too expensive and would like the building support the roof.
He wants more cost reductions in the building. He said they need to take more money out of
the building and reduce the overall cost. He said the building might need to be shrunk down to
match the supporting parking spaces available.
Council member Chuck Ogilby said the zinc-type roof could be changed to save money and be
more compatible for this area. He agrees with Rod about the light and solar gain concern. He
likes the structure, it is bold and would give off a very grand feeling when you are in it. He is in
favor of having ground surface parking now and building the structure later.
Chris stated they are making accommodations for sun protection to block light with shutters and
shades. He said the concern of making the parking larger is having to force the building further
west and turned differently.
Further discussion ensued regarding the glazing and sunlight impacts.
Council member Kevin Foley said the square footage does not add up.
Otis stated it is gross square footage versus net square footage.
Council member Kevin Foley said the cost is $400 square foot.
Todd said they talked with the construction management team and stated they were involved in
the Avon Library building. He said if you took the cost of that building and escalated the cost
seven years, when it was built, it would be around $350-400 square foot to build today. He said
this design is a step above that design as far as quality of design and that's the cost.
7 Vail Town Council Meeting Minutes February 20, 2001
Council member Sybill Navas said in addition the building is designed to accommodate multiple
uses.
Council member Kevin Foley asked what the size of the Eagle Vail pavilion was and said he is
getting same questions as Rod that this building is too expensive in Donovan Park, when there
are other needs in the community.
Someone mentioned they thought the Eagle Vail pavilion was approximately 2,200 square feet
plus the decks.
Todd stated the comments the design team heard for direction was that the building should be
world class and although the Eagle Vail Pavilion is functional it is not world class and this
building accommodates more people and is bigger.
Council member Greg Moffet stated if this building was being built in Ford Park the cost
wouldn't be as much of an issue. He stated it is time to invest in this neighborhood and in a
high-class manner also.
Todd said the pavilion is only a fraction of the project. He said Donovan Park is multi-use; the
turf grass is multi-event use, there is a picnic facility, and restrooms. It is a 12-acre park that
has a pavilion in it.
Council member Sybill Navas said we are running the risk of reducing the usage of the park by
shaving the budget and it doesn't outweigh the cost of reducing uses. She is still concern about
the parking, why would we reduce parking when we need it to save a few dollars. She stated
this is a very large project, it isn't just a pavilion, it is a combination of facilities and it needs the
appropriate parking. She stated that they should look at the issues of parking that Ford Park
has and try to avoid that at Donovan Park. She said a large part, more than 25% of the costs
are for professional fees and contingencies. Other costs, based on community comments,
include mitigation of impacts to the Matterhorn intersection area due to traffic and parking
issues on the Frontage Road. She agrees with Greg on cost of project should be Vail quality no
matter what part of town it is in.
Todd asked the Council if he could bring back the parking issues and address them next week
because he needs to do additional research. He said he would bring back a comparison of the
amount of paved area that the current scenario has versus if they didn't do a parking structure.
He stated that Ford Park has parking issues that are an ongoing source of frustration and that
the park has a parking structure within easy walking distance. He wants to research the
parking demand more thoroughly. Donovan Park would not have that luxury of additional
parking availability. He also wants to bring back illustrations of what the wall would look like
without the parking structure. He wants to bring more ideas back next week on the parking
issues and then finalize the discussion at next weeks meeting.
Mayor Ludwig Kurz said he leans closer to Sybill and Greg's comments in regard to the overall
program and likes the project as it is for its boldness and interest. However, the town needs to
be fiscally responsible and reduce costs wherever they might be. He said there are costs in the
project that can reduce the cost; the roof size could be one, the support structure for the roof
could be changed. In terms of the numbers, in all ten items, at least save 10% on each item.
8 Vail Town Council Meeting Minutes February 20, 2001
He also stated that with good planning, chances are, that a large part of the $1.1 million
contingency could be saved and not spent and they would all feel more comfortable.
Council member Diana Donovan said she would like to have them divide the infrastructure
costs between the pavilion, parking, site costs, soccer field, etc. She would like to see a more
detailed breakdown. She doesn't like the way the park looks with two levels of surface parking
and compromises the way the pavilion looks and impacts the park. She thinks it is short-sided
to cut back on the parking now. She said the large room is not designed for small community
group use. The way the front door accesses the lobby, it would be hard to have a small
meeting in that space. She said there needs to be another access to get in to the large room
so the smaller area can have a meeting without impact from the large area so both areas can
be used simultaneously and independently. She stated she doesn't like the architecture and
the design materials for the metal roof. She wants the newspapers to put a picture in the
newspaper on this pavilion so they can get community feedback. She wants to know what the
maintenance costs and fees to use the facility are going to be.
Council member Sybill Navas said if the use of the large room is used as well as the small
room there is an access problem with restrooms as well.
Further discussion ensued about the use of both spaces.
Council member Chuck Ogilby said Council needs to give direction to Todd and the design
team for the parking. He said he hadn't heard support to the two-level parking structure. He
has heard keep it like it is or build just one tier. He hasn't heard support for splitting it and is it a
waste of Todd's time to research a two-tier system.
Council member Sybill Navas said if the parking structure is not built, she has a concern with a
25-foot wall. She said they would need a two-level parking surface if we needed to mitigate the
25-foot wall if the parking structure is not built.
Todd explained the wall scenario and stated that surface parking has merit to it and want to
bring back visuals for the Council to review. He stated there are still CDOT and Corp. of
Engineering site questions that need to be addressed and the contingency cost may need to
cover these.
Council member Rod Slifer said there are some retaining walls in Batchelor Gulch and
Mountain Star that are at least 25 feet high, that the design team could review. He didn't like
the roof material and would like a site plan with deck areas on it because they were significant.
Council member Diana Donovan said not to forget parking isn't just for the pavilion, it will be for
the soccer and other tournaments and possible skier parking in winter. She said there won't be
any Frontage Road parking in this area, it's too dangerous. She also stated she hopes
everyone appreciates how far they have come on this project even though she hates it.
Todd said joint parking uses are a concern. He said that is a concern at Ford Park now. He will
try to get parking generation numbers for Council.
9 Vail Town Council Meeting Minutes February 20, 2001
Guy Ayrault, a Matterhorn resident, stated the design team has done a spectacular job laying
out the site thus far. He says he feels that this discussion of paving more of the site is a great
leap backward. He said this parking takes a large swath out of the useable park site and
moving the building by 70 feet is a huge mistake. We need to remember this is a park, if
something has to go, put the pavilion in Phase Two, but build the park.
Mayor Ludwig Kurz said there was agreement that movement of the building to that degree was
not acceptable or a good option and the design team doesn't feel this is a good option either.
He asked Todd if they gave good direction and asked if there was agreement to save 10% of
the costs across the board as a target.
Todd said they would be looking at saving money throughout the project. He said he and
George Ruther are driving them to keep the cost down. There are so many decisions to be
made and they can't promise a 10% cost savings of the $10,350,000 but they are working hard
to have a good product with the best possible cost savings.
Council member Sybill Navas said if 40 parking places on half an acre of land is a bargain for
$500,000, especially if it compromises the whole site plan in the process, she doesn't see the
value in it.
Otis Odell explained that it is important to recognize that Phase One of this project has gone
out to bid and they have received hard bids for the project and it's extremely competitive. He
said the train has left the station and construction is scheduled to begin around the first of April
on some of the site work. He said there is a figure of about $150,000 to $180,000 of savings
realized by their diligent and proactive approach to bidding this project in phases. It is a
demonstration of their commitment to the town and community to give them value, save money,
and have the best project for the value and dollars.
Mayor Ludwig Kurz thanked the design team for their presentation.
The fourth item on the agenda was first reading of Ordinance No. 3, Series of 2001; Creation
of the Housing Zone District, an ordinance amending the Town Code, Title 12, Chapter 6 to the
Town of Vail Zoning Regulations to allow for the addition of Article I. Housing (H) District;
amending Chapter 4, Districts established; amending Section 12-15-2: GRFA Requirements by
Zone District; amending Title 12 Sign Regulations, Chapter 4, Sign Categories, Section 11-4A-
1: Signs Permitted in Zoning Districts and Setting forth details in regard thereto.
Allison Ochs, Town Planner, said the proposed Housing Zone District that the Council has seen
numerous times. She said there was some concern earlier in the day with the addition of day
care as a conditional use. What is stated currently in the code is public and private schools and
educational institutions. There are two options, change it to public and private schools including
daycare facilities or cleanup the municipal specifically to the definition section, to define day
care facilities.
Mayor Ludwig Kurz asked if there is agreement in adding those three words. All Council
members were in agreement.
Allison said there were no further changes. The purpose of the Housing Zone District is
10 Vail Town Council Meeting Minutes February 20, 2001
intended to provide adequate sites for deed restricted employee housing and the words "deed
restricted" were added to the purpose statement as requested by Council at the last meeting,
otherwise everything stayed the same. She stated there was discussion regarding whether a
free marketing dwelling unit should be a conditional use in this zone district and this ordinance
has kept that in as originally proposed.
Council member Diana Donovan stated all the Council has done is created another special
development district for housing. She said there is another way to accomplish this exact same
thing. She said with all the examples staff has given them there are many ways to get
affordable housing with many approaches. She said the town is giving away the farm and this
will negatively affect the community as a whole.
Council member Greg Moffet said he is in favor of the ordinance as drafted. He said he would
like to think that subject to Planning Commission approval, a conditional use in this zone district
would be used by private developers who would take projects through that otherwise wouldn't
create affordable housing. He said the town needs to have incentives for private developers to
build or convert projects to affordable housing. He stated that the last ordinance made it to
difficult for developers to use.
Council member Diana Donovan asked what deed restricted issues Greg was talking about.
Council member Greg Moffet said there were restrictions that if you don't keep the units
occupied there are sanctions.
Council member Diana Donovan said there are other communities that do this without
incentives so why do we?
Council member Sybill Navas said she was opposed to this ordinance, because there aren't any
restrictions to height, mass, and other areas. She is opposed to this ordinance with inclusion of
the free market dwelling units.
Council member Rod Slifer made a motion to approve Ordinance No.3, on first reading, with the
changes and inclusions that Allison made from the work session, and Council member Greg
Moffet seconded the motion.
Council member Chuck Ogilby stated originally he wasn't in favor of the 30% free market units,
but he has to entrust future Councils and the Planning and Environmental Commission to make
housing viable in this community in the future. He will vote in favor of the approval of this
ordinance.
Jim Lamont, representing the East Village Homeowners Association, said he has watched this
ordinance evolve over the past two years. He wanted two things to be considered between 1s'
and 2nd reading. One is how will the town be protected concerning the Timber Ridge project
and how do we create incentives that allow this zone district to be applied to other
circumstances. He says the town has antiquated master planning, and the town needs to have
language included that if this is imposed for different properties, a master plan should be done
for the area in which this district be imposed. Some of the areas may be good for some
commercial development, if you go into established neighborhood, such as Pitkin Creek. A
11 Vail Town Council Meeting Minutes February 20, 2001
master plan requirement may be necessary so neighborhoods have some degree of assurance
that it will go through a planning process and give additional protection to property owners and
neighborhoods in the overall master planning process. Special Development District's should
be applied to larger projects. Some could construe this ordinance as a floating zone district.
Council member Sybill Navas asked Tom Moorhead a question of legality in creating a zone
district without a piece of land.
Tom Moorhead, Town Attorney, said this is exactly the process used when they changed all the
land in the open zone district. The town created the zone district first and subsequently added
properties into the zone district later. He said this is not a floating zone district. He stated that
it is anticipated there would be some properties this ordinance may pertain to.
Mayor Ludwig Kurz asked Rod, since he made the motion to approve, if he would entertain
modifying his motion and adding master plan issues to it.
Council member Rod Slifer said he wanted his motion to stay the same. He said in Section
12.6.1-11, the development plan required covered a lot of these issues. He said staff should
respond to Jim's additional concerns.
Council member Kevin Foley said this is a start.
A vote was taken and passed 5-2, Council members Sybill Navas and Diana Donovan were
opposed.
The fifth item on the agenda was first reading of Ordinance No. 6, Series of 2001.
Timber Vail Subdivision; an ordinance amending the Official Town of Vail Zoning Map and
rezoning of the proposed Lot 1 and 2, Timber Vail Subdivision from Residential Cluster Zone
District to Single-Family Residential Zone District; and setting forth details in regard thereto.
Mayor Ludwig Kurz said they went through this ordinance at the work session and asked if
there were any further comments or questions.
Council member Greg Moffet made a motion to approve on first reading, Ordinance No. 6,
Series of 2001, subject to the following findings: 1) that the proposal is consistent with the
town's development objectives, development standards for adjacent properties and provisions
and content of the single family residential district regulations and 2) that the proposed zone
district is compatible with and suitable to adjacent uses consistent with the town's land use plan
and zoning regulations appropriate for the area. Council member Chuck Ogilby seconded the
motion.
A vote was taken and the motion passed unanimously, 7-0.
The sixth item on the agenda was second reading of Ordinance No. 4, Series of 2001;
"Parking Pay-in-Lieu" Policy. An ordinance amending Chapter 12-10, Town of Vail Code (Off-
Street Parking and Loading); with specific regard to the "Parking Pay-in-Lieu" Policy application
and fee structure; and setting forth details in regard thereto.
12 Vail Town Council Meeting Minutes February 20, 2001
Brent Wilson, Town Planner, stated there have been no changes from first reading.
Mayor Ludwig Kurz stated he was not at that the February 6th meeting but understands the
issues.
Council member Diana Donovan said the town has already reduced parking requirements by
30%and feels that takes care of most of the small businessman. She said the commercial
property owners should have responsibility of parking fees. She said ultimately the burden
would fall on the residential taxpayer
Council member Greg Moffet made a motion to approve on second reading, Ordinance No. 4,
Series of 2001, and Council member Sybill Navas seconded the motion.
Council member Chuck Ogilby asked if they need to make a finding.
Brent said the ordinance is the same way as it was three weeks ago and is covered.
Council member Kevin Foley said he concurs with Diana regarding placing the burden on the
residential property owner. He says over the past few months he keeps hearing how we are in
financial dire straits, and it makes more sense to collect from the commercial property owners,
$6,000 per space than giving it away for free.
Mayor Ludwig Kurz reiterated he was not here on first reading and is torn. The town has come
a long way to ameliorate this issue. He would like to see them keep a part of the pay-in-lieu.
He was hopeful that some of the money being saved would be used on the project, and he
doesn't see this necessarily happening.
Council member Diana Donovan asked what the budget is on the parking pay in lieu.
Bob McLaurin, Town Manager said he would have to break it out of the parking revenue
budget. He said the town budgets it very conservatively. In the past it has been considered
unanticipated revenue.
Brent stated in the last five to six years the revenues averaged between $350,000-$475,000.
Council member Chuck Ogilby stated the town is trying to revitalize the core area and he sees
they are adding a burden of housing in future and the two big needs are revitalization and build
housing and will balance themselves out in the end.
A vote was taken and the motion passed , 4-3, Council members Kevin Foley, Diana Donovan
and Ludwig Kurz were opposed.
The seventh item on the agenda was a discussion of the Purchase of Waterfalls in East Vail
for Open Space (Lots 15 & 16 in the Bighorn Subdivision, Second Addition).
Russ Forrest, Director of Community Development, stated they would like to have council
approve the purchase of Lots 15 & 16 for open space. Lot 16 was identified in the
13 Vail Town Council Meeting Minutes February 20, 2001
Comprehensive Open Lands Plan as a high priority for acquisition because it was in a red
avalanche zone, provided access to a water fall, and could provide access to a potential south
trail. Since this application was submitted, staff and the Eagle Valley Land Trust have been
working with residents to purchase lots 15 & 16 as open space. The Eagle Valley Land Trust
has entered into a contract with the developer contingent upon the Land Trust raising $365,000
and the Town of Vail raising $250,000 for a total purchase price of $615,000. The land trust, as
of this date, has raised $295,000. The Trust is requesting that the Town increase its total
commitment by $60,000 for a total of $310,000. The Town of Vail would own the land and the
Eagle Valley Land Trust would have a conservation easement on the land as proposed. The
town would enter into a contract with the land trust. These lots were identified as a high priority
action in the open lands plan. The town has the resources in the budget. This is consistent
with other land transactions and was a high priority acquisition.
Council member Greg Moffet asked if they needed a motion to approve the additional funds.
Russ said yes they needed authorization.
Council member Diana Donovan asked if they would need to rezone the property to open
space.
Russ stated they would need to rezone to natural area preservation/open space.
Council member Sybill Navas said would they need to rezone if there was a natural
preservation conservation easement.
Council member Diana Donovan stated that the town would want to have the highest protected
zone district.
Council member Kevin Foley asked when this land could be purchased.
Brad Udall, Eagle Valley Land Trust, stated that the closing is could be set as early as March 2,
2001.
Mayor Ludwig Kurz asked if they are spending too much money for this property.
Brad Udall said comparables on open space are difficult to ascertain. However, he gave a
scenario of a comparable lot on Glen Falls Lane in East Vail, on .41 acre, was $750,000.
Across the street from these lots, a lot sold for $500,000 two years ago.
Council member Diana Donovan made a motion to approve the expenditure of Real Estate
Transfer Tax (RETT) funds of $310,000 to purchase Lots 15 & 16 Bighorn Subdivision, Second
Addition, and Council member Rod Slifer seconded the motion.
A vote was taken and the motion passed unanimously, 7-0.
Tom Steinberg, representing the Eagle Valley Land Trust, thanked the Council for their
purchase. He said Brad is leaving and suggested they name it the Udall Falls.
14 Vail Town Council Meeting Minutes February 20, 2001
Brad said he thought that Martha B. Wilson Park might be a good name.
Mayor Ludwig Kurz said they would take that under advisement.
The eighth item on the agenda was the Planning and Environmental Commission (PEC)
appointments.
George Ruther, Town Planner, stated there are three positions for PEC open for 2-Year terms
and one position is open for a 1-Year term.
Mayor Ludwig Kurz said they would readvertise for the vacancy for the one-year position on the
PEC.
Council member Greg Moffet made a motion to appoint John Schofield, Chas Bernhardt and
Doug Cahill to two-year terms to the PEC and Council member Sybill Navas seconded the
motion.
Council member Chuck Ogilby referred to Doug Cahill's letter of why he wanted to be
reappointed to the PEC. Doug said the town would see some exciting changes and success
and shaping of some of these projects are important to him.
Mayor Ludwig Kurz thanked the members for reapplying for the positions and having done a
very substantial job in their positions.
Council member Kevin included thanks to all the volunteer board members of the town.
A vote was taken and the motion passed unanimously, 7-0.
The ninth item on the agenda was a request by Vail Resorts to Utilize the Bike Path from
Forest Road West to Cascade Village and from the LionsHead Skier Bridge to
West Forest Road.
Mayor Ludwig Kurz said this was discussed at a previous worksession and permission was
granted for the rest of the ski season and they are ratifying that decision.
Council member Kevin Foley made a motion to approve and ratify the utilization of the bike
paths from Forest Road west to Cascade Village and from the Lionshead Skier Bridge to West
Forest Road through the end of the 2000-2001 ski season with further review to follow and
Council member Chuck Ogilby seconded the motion.
A vote was taken and the motion passed unanimously, 7-0.
Council member Kevin Foley stated he wanted Vail Resorts to continue to look at other
alternatives to get the snow cats and snowmobiles on other paths.
Council member Rod Slifer said another option might be to move the maintenance facility on
forest service land.
15 Vail Town Council Meeting Minutes February 20, 2001
The tenth item on the agenda was the Town Manager's Report.
Bob McLaurin, Town Manager, said there were a couple of items that, needed discussion.
Pam stated the Ford Park Management Plan was approved and at that time there were many
projects outlined to be completed. The current council has changed its current strategy on
other parks and removed all funding for Ford Park modifications, except for the trash
compactor. That was scheduled for the year 2002 at a cost of $105,000. During this time the
amphitheater has come forward with their major redevelopment and one of the things that
needed to be accomplished was to move all trash from the lower bench and move it to the
upper bench. At this time they are requesting $48,000 for a trash enclosure to move it to upper
bench of Ford Park and have it come out of the original $105,000 budget.
Council member Kevin Foley asked if this was a recycle enclosure.
Pam said it is only a trash enclosure. There was a plan to realign the Frontage Road and
parking lot and put in accel/decel lanes, but it is very costly, and has been put on hold. This
could have included a trash compactor but we do not have that space so now it is just a trash
enclosure and will complete our commitment to the Ford Amphitheater and the other Ford Park
users.
Council member Rod Slifer asked where the trash enclosure was located.
George Ruther, Chief of Planning, stated the trash location is currently set in the northwest
corner, and is adjacent to tennis courts. The management plan shows the location at the
southwest corner of the parking lot. They are getting the trash enclosure staked and are going
to do a site visit with the Design Review Board. Currently they have the trash enclosure on the
northwest corner.
Bob McLaurin stated the funds would be a supplemental request and would be funded in 2001.
Pam said they were matching construction materials with what is currently there and it will be of
high enough caliber and consistent with current materials.
Bob McLaurin said next request from Jim Heber of Dobson Ice Arena is regarding ice time at
Dobson Ice Arena in which the town management agreement allows the town to designate time
for community events during the year. They are requesting the town refrain from encouraging
community requests at this time due to the closure of the ice arena in the next few months.
The next item is for Council to consider a request to have the Rocky Mountain Planning Group
assess the council contribution process and criteria.
Bob stated the 'special guest shopping' survey conducted to determine if Town of Vail
businesses were given first priority with guest requests, if staff at the information booths strove
to keep guests in the Town of Vail and to measure overall guest experiences in the town. If the
Council had further questions, they could get a detailed survey report from Pam.
16 Vail Town Council Meeting Minutes February 20, 2001
Bob asked, with Council permission, they would like to move forward on the new smart bus
technology system, which allows passengers to know the arrival time of the next bus.
Mayor Ludwig Kurz asked if the concern out there now worth a $250,000 investment.
Bob said it would be a great amenity for our guests. It would be the first in Colorado, first on
the western slope, and the first ski town to have it on their bus systems.
Council member Kevin Foley said the in-town shuttle bus service needs to come up a couple of
notches and this would be a good way to monitor the schedules of the buses.
Council member Diana Donovan asked if it could be vandalized.
Bob stated nothing is vandal proof but in Boston and San Francisco they have tried to make
them vandal proof. It will be a great amenity for our guests to know when the next bus arrives.
As there was no further business, a motion was made by Council member Greg Moffet to
adjourn the meeting and Council member Kevin Foley seconded the motion. A vote was taken
and the motion passed unanimously, 7-0.
The meeting was adjourned at 9:55 p.m.
Respectfully submitted,
Ludwig Kurz
Mayor
ATTEST: Lorelei Donaldson, Town Clerk
Minutes taken by Lorelei Donaldson
17 Vail Town Council Meeting Minutes February 20, 2001
VAIL TOWN COUNCIL - MINUTES
TUESDAY, March 6, 2001
7:00 P.M.
The regular meeting of the Vail Town Council was held in the Town Council Chambers
on Tuesday, March 6, 2001. The meeting was called to order at approximately 7:00
P.M.
COUNCIL MEMBERS PRESENT: Ludwig Kurz, Mayor
Chuck Ogilby
Diana Donovan
Greg Moffet
Kevin Foley
ABSENT: Rod Slifer
Sybill Navas, Mayor Pro-Tem
STAFF MEMBERS PRESENT: Bob McLaurin, Town Manager
Tom Moorhead, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was citizen participation.
Ginny Crowley, long time Vail resident, addressed the Council representing the female
ice hockey players. Ms. Crowley stated there were 40 - 50 participants, ranging from
age 12 to 60, that have played hockey over the years at Dobson Ice Arena. These
players have recently been moved to the dome at the Vail Golf Course and have had
their playing time changed from 6:30 - 8:00 P.M. to 8:30 - 10:00 P.M. Crowley stated
this time was not convenient for them, as there were a lot of young women who either
had school or work the next day and felt it was too late. Crowley stated the hockey
players had tried to work with the Vail Recreation District but had been unsuccessful
and asked for assistance from the Vail Town Council. Mayor Kurz requested the staff
to contact the Vail Recreation District to see if a solution could be resolved in this
matter.
Pepi Gramshammer addressed the Council, questioning the amount of money being
spent on the Donovan Park Community Center. Mayor Kurz stated discussions had
been held over the last 4-5 years on this matter, and it was the general consensus of
the Vail community to continue to more forward with this project.
Lou Meskimen, local business owner, addressed the Council, stating in his travels
abroad he had observed the use of compost piles and suggested implementing such a
1 Vail Town Council Meeting Minutes March 6, 2001
program in Vail for the collection of grass clippings, tree trimmings, etc. Meskimen also
questioned the use of magnesium chloride in the town limits, citing several areas
around town where trees were dying close to the streets and roads using this product.
Meskimen also suggested the placement of a courtesy sign in the parking structures for
women drivers, allowing them to park closer to the exits.
Tom Steinberg, long time Vail resident, addressed the Council, expressing concerns
about the Donovan Park project. In particular, his concern was the pavilion, feeling it
was too big and too expensive from what the original intent had been. Steinberg also
voiced his concern regarding affordable housing for employees being offered to
workers employed by Donovan Park.
In regard to Lou Meskimen's comments about magnesium chloride, Steinberg
suggested the use of sodium chloride along the roadways may also be the cause of the
trees dying in those areas. Councilmember Chuck Ogilby suggested only putting
magnesium chloride on roundabouts and the hill by Alpine Drive.
The second item on the agenda was a courtesy and information update on the Pre-
approved Booth Creek Prescribed Burn.
John Gulick, Town of Vail Fire Chief, addressed the Council, stating Cal Wettstein had
been hired as the new district ranger in District Office. Gulick also stated the U.S.
Forest Service was again attempting to proceed with a controlled burn in the Booth
Creek area this spring, between April 1st and May 15th. Phil Bowden of the U.S. Forest
Service gave a presentation to the Town Council, stating the burn would cover 247
acres, including 17 acres of Town of Vail land. Bowden stated the purpose of this burn
was to help improve the bighorn sheep wildlife habitat, regenerate aspen trees and
reduce the area's fire fuel load. Bowden stated that previously scheduled burns had
been cancelled due to weather conditions and resources, Bowden stated some of the
major issues involved were smoke impacts, a permit required from state, escape
routes from fires and avoiding slide areas. Councilmember Donovan stated her
opposition to the previously-approved burn, feeling it was unsafe and difficult to control.
Mayor Kurz asked who made the final decision to go ahead with the burn and how it
was communicated to the community. Bowden stated his department would make the
decision with their supervisor on the day of the burn, and then a call would be made
from their checklist verified by a line officer of the Forest Service to notify the public that
the burn, in fact, would take place. Bowden stated the actual burn would take 2/3 to 1
day to complete. Fire Chief Gulick stated Town of Vail fire engines would be stationed
in the neighborhood during the burn.
The third item on the agenda was a discussion on the preliminary budget for the Vail
Center.
Russell Forrest, Community Development Director, stated he had given an extensive
overview of the project to the Council during the afternoon work session, reviewing
2 Vail Town Council Meeting Minutes March 6, 2001
details of the project. John Horan Kates, White River Institute director, gave an
overview of the business plan. Stan Bernstein, financial analyst, gave an overview of
the capital financing plan, including $1.4 million from a proposed 2.75 mill property tax
increase to be approved by town voters, $1.5 million from sales tax revenues and
$941,580 from the Real Estate Transfer funds. Horan-Kates stated private funding had
to be raised before the bonds would be issued, outlining plans including naming rights,
foundations, corporations and individuals.
Lori Weigel, with Public Opinion Strategies, an independent firm for elections,
conducted a survey of 250 voters who voted frequently in elections. She stated the
interviews showed there is support to increase property taxes, although the amount is a
concern. Affordable housing was a major concern, but a revitalization of the town was
felt to be necessary. The consensus from the survey was that if the tax was kept below
3 mills; it would be supported, as long as voters and property owners were not the sole
funding source.
Russell Forrest, Community Development Director, asked for direction from the Council
in moving forward with the design team on how to revise the plan. He requested
direction on revenue issues, space issues, and very specific instructions in moving
forward. Forrest stated he will come back with revised plan budget after getting input
from Council. The Town Council gave some direction regarding sales tax revenue
calculations and use of Real Estate Transfer Tax funds. Councilmember Greg Moffet
stated he would like to see a more aggressive budget for revenue projections
associated with conferences and meetings, which would generate more interest with
available room nights. He stated it was gratifying to see community interest.
Councilmember Diana Donovan expressed her opposition to using Real Estate Transfer
Tax funds for the Center. Councilmember Greg Moffet stated he thought this was an
exciting time and the costs were great but it was a time to do something spectacular for
Vail and community support was needed to make the project a success.
Dick Gustafson, local resident, discouraged the idea of a black box concept. He also
felt too many projects were going on at the same time. George Wiegers, an arts
patron, felt the project was directed at the wrong audience, and it was unrealistic to
seek private donations. He stated tourism was most important for Vail and this project
did nothing for tourists. Long time Vail local, Tom Steinberg, questioned the proposed
property tax increase regarding market value versus assessed value. Steinberg also
expressed concern over the outcome of the survey conducted by a private group. He
felt the use of RETT funds was not a problem, as long as it was used for recreation.
Several other persons in the audience spoke, sharing their concerns over the need for
a convention center, a learning center, parking issues, employee housing, and a
performing arts center.
The Town Council voiced various degrees of support of the Vail Center and thanked the
staff and public for their input. Another session will be scheduled in the near future to
3 Vail Town Council Meeting Minutes March 6, 2001
review today's input.
The fourth item was second reading of Ordinance No. 3, Series of 2001: an ordinance
amending the Town Code, Title 12, Chapter 6 to the Town of Vail Zoning Regulations to
allow for the addition of Article I. Housing (H) District; amending Chapter 4, Districts
established; amending Section 12-15-2: GRFA Requirements by Zone District;
amending Title 12 Sign Regulations, Chapter 4, Sign Categories, Section 11-4A-1:
Signs Permitted in Zoning Districts and Setting forth details in regard thereto.
Allison Ochs, Town Planner, stated no changes were made to this ordinance from first
reading. Jim Lamont spoke in opposition to the ordinance. Councilmember Greg
Moffet made a motion to approve on second reading, Ordinance No. 3, Series of 2001,
and Council member Chuck Ogilby seconded the motion. A vote was taken on the
motion and the motion passed 4-1, Donovan opposing.
The fifth item on the agenda was second reading of Ordinance No. 6, Series of 2001:
an ordinance amending the Official Town of Vail Zoning Map and rezoning of the proposed
Lot 1 and 2, Timber Vail Subdivision from Residential Cluster zone district to Single-Family
Residential zone district; and setting forth details in regard thereto.
George Ruther, Chief of Planning, said no changes had been made to this ordinance after
first reading.
The property owner, David Hilb, requested a rezoning of the proposed Lots 1 and 2,
Timber Vail Subdivision from Residential Cluster Zone District to Single-Family Residential
Zone District. The Planning and Environmental Commission reviewed and recommended
approval of this request to the Town Council at their January 22, 2001 meeting.
The Town Council approved the First Reading of the proposed Ordinance 6, Series 2001
(by a vote of 7-0) at their February 20, 2001 evening meeting with the following findings:
That the proposal is consistent with the town's development objectives, development
standards for adjacent properties and the provisions/intent of the Single-Family Residential
District regulations.
Ruther stated the proposed zone district was compatible with and suitable to adjacent
uses, consistent with the Town's Land Use Plan and Zoning Regulations, and appropriate
for the area.
Council member Greg Moffet made a motion to approve on second reading, Ordinance
No. 6, Series of 2001, and Council member Kevin Foley seconded the motion. A vote
was taken and the motion passed unanimously, 5-0.
The sixth item on the agenda was the Town Manager's Report.
4 Vail Town Council Meeting Minutes March 6, 2001
Bob McLaurin, Town Manager, stated the Council had unanimously approved a contract
not to exceed $4,000 to proceed with a diagrammatic floor plan for the Red Sandstone
Elementary School proposed gymnastics add-on. Also, Councilman Kevin Foley urged the
town to keep a minimum one lane of traffic open through the Dobson Arena/library corridor
during the upcoming arena improvements through the end of ski season. Councilmember
Diana Donovan suggested leaving the library open for business to some degree
throughout the construction.
As there was no further business, a motion was made by Councilmember Foley to
adjourn the meeting and Councilmember Moffet seconded the motion. A vote was
taken and the motion passed unanimously, 7-0.
As there was no further business, the meeting was adjourned at 10:00 p.m.
Respectfully submitted,
Ludwig Kurz
Mayor
ATTEST: Lorelei Donaldson, Town Clerk
Minutes taken by Mary A. Caster
5 Vail Town Council Meeting Minutes March 6, 2001
VAIL TOWN COUNCIL - MINUTES
TUESDAY, March 20, 2001
7:00 P.M.
The regular meeting of the Vail Town Council was held in the Town Council Chambers on
Tuesday, March 20, 2001. The meeting was called to order at approximately 7:00 P.M.
COUNCIL MEMBERS PRESENT: Ludwig Kurz, Mayor
Sybill Navas, Mayor Pro-Tem
Diana Donovan
Greg Moffet
Kevin Foley
COUNCIL MEMBERS ABSENT: Chuck Ogilby
Rod Slifer
STAFF MEMBERS PRESENT: Bob McLaurin, Town Manager
Tom Moorhead, Town Attorney
Pam Brandmeyer, Assistant Town Manager
Under the first item on the agenda, a presentation of two Vail Youth Recognition Awards
were presented to Sarah Hallenbeck-Vail Mountain School and Chris Jackson-Battle
Mountain High School by Mayor Ludwig Kurz. Mayor Kurz introduced the recipients and
presented them with $1000 scholarships, stating they were role models to their peers.
The second item on the agenda was Proclamation #1, Series of 2001, a proclamation
recognizing the efforts of Battle Mountain High School Men's Alpine and Nordic Ski Teams
in achieving the State Championships for the year 2001. Mayor Kurz presented the team
with a proclamation. Kurz asked the team members present to come forward and be
recognized. Councilmember Moffet then made a motion to adopt Resolution #1, Series
of 2001. Councilmember Navas seconded the motion. A vote was taken and the motion
passed unanimously, 5-0.
The third item on the agenda was Citizen Participation. There were no items brought
forward.
Mayor Kurz then announced a change to agenda, moving item #10, the appointment of
various boards to the next item. Kurz stated the applicants had been interviewed in the
afternoon work session and the Council was prepared to vote on the applicants. A
ballot vote was conducted and the results were as follows:
Art in Public Places - Barbie Christopher, Alan Kosloff and Kathy Langenwalter
Planning and Environmental Commission - William Pierce and Charles Acevedo
Design Review Board - Dick Cleveland
A motion was made by Councilmember Navas to approve Barbie Christopher, Alan
Kosloff and Kathy Langenwalter as newly appointed AIPP board members.
Councilmember Foley seconded the motion. A vote was taken and the motion passed
unanimously, 5-0. A motion was made by Councilmember Navas to appoint Charles
Acevedo and William Pierce to Design Review Board. Councilmember Greg Moffet
seconded the motion. A vote was taken and the motion passed unanimously, 5-0.
Another motion was made by Councilmember Navas to approve Dick Cleveland to the
Planning and Environmental Commission. Councilmember Foley seconded the motion.
A vote was taken and the motion passed unanimously, 5-0.
Mayor Kurz thanked all the applicants that applied for the positions, acknowledging the
time and energy that went into filling these positions.
The fourth item on the agenda was an overview of the Town of Vail and Vail Resorts
Environmental Programs and a look at possible partnerships between the programs.
Russ Forrest, Community Develoopment Director, stated his department had made a
presentation a month ago, and were now coming back to give more details as to where
the Town and VRI can do better. Russ Forrest addressed the council, highlighting
what Town of Vail and Vail Resort Inc. are doing as partners to enhance the program.
He stated the town had been working with VRI since 1994, making significant progress.
Bill Jensen, VRI Chief Operating Officer in Vail, spoke to the Council, addressing some
of the programs being implemented by VRI. John Getschell and Adam
Palmer, responsible for activities on Vail Mountain, reviewed steps being taken to
protect the environment, including recycling as much as possible, the use of
biodegrading products and caring for the needs of people and respecting, protecting
habitat for bio-diversity spoke of preservation of our environment being the key to
success. Also mentioned was the way in which statements to guests on trailmaps
pointing out care about the environment was one of the ways in which VRI was asking
guests to get involved. The goals of VRI were addressed by Getschell. Adam Palmer,
environmental coordinator for Vail Mountain, addressed Vail's increased recycling
trends. He stated electricity use was significantly higher, mostly due to snowmaking.
Also their diesel use is highest in winter months. Palmer noted the Game Creek Club
has produced almost zero waste with new methods of treating waste. The TOVNRI
carpool sweepstakes was reviewed, with 1000 vouchers having been given out
since March 6t"
Patick Hamel reviewed plans in place by the Town of Vail, reviewing the town's vision
statement, goal areas, and specific environmental programs. He stated the town has a
pick up service (800 number) to pick up hazardous waste, noting that 10 tons of trash
are collected during spring clean up.
Russ Forrest reviewed opportunities for partnership with VRI, including speaker series
on Sustainable Development and Construction . He suggested a town resolution to
adopt the efforts of the two entities would be a natural step. Mayor Kurz
thanked participants for the informative update, noting the Town Council felt this was
an important part of their mission statement. A question regarding composting was
raised.
Councilmember Diana Donovan stated she was all for supporting this program
and was willing to make an effort to enforce it. Councilmember Sybill Navas
commended the ski company for the carpooling incentive. Councilmember Greg
Moffet agreed with the other Council members' comments, noting the
carpooling idea should be a part of parking discussions. Councilmember Kevin Foley
stated more communication was needed to get the community involved. Mayor Kurz
agreed with all comments made, stating this would be a good topic to be used in a
public retreat. He reemphasized the willingness of the town and Vail Resorts Inc. to
work together and hoped the community would join in the effort. Mayor Kurz stated the
Europeans visiting Vail were surprised by the lack of environment sensitivity, stating
residents in Europe were fined for not separating their recyclable.
The fifth item on the agenda was a presentation by the Division of Wildlife (DOW)
regarding bear issues in the Town of Vail. Patrick Hamel, Environmental Specialist,
addressed the Town Council, stating he had met with Bill Andree of the U.S. Forest Service
on several occasions regarding bear issues, noting that the biggest problem was trash.
This issue was brought up in 1994 regarding bear proof containers, noting the expense
had gone up considerably. Bill Andree addressed the Council, stating this was more of a
people problem and once the trash problem was solved, the majority of the bear problem
would be solved. He stated 123 calls had been made to the Vail Police Department
between July and October last year regarding bears, making Vail #3 in the County for bear
citings. His concern was that someone would take matters into their own hands. He
suggested an ordinance be passed to address the issue, issuing citations after a warning
had been issued. Bill addressed the issue of composting, stating he was not sure if it was
bearproof. He stated the Forest Service would not be able to support if it was not.
A slide presentation on solutions for bearproof trash followed. Andree stated the goal
was to go bearproof everywhere, but the cost was expensive - containers running from
$600 - $1200. He stated this could be another big year for bears. Andree stated some
bears had been moved, but this was not successful, as they returned again the
following year. Councilmember Greg Moffet asked how much the bear issue was
related to the drought and Bill stated approximately 60% of citings were due to this
problem. He also stated the hunting season for bears was in the fall only.
Councilmember Diana Donovan stated she also believed this was a people problem
and suggested a better public education process might help. Town Manager Bob
McLaurin agreed with Donovan, stating the town had been working with the Department
of Wildlife to create a website informing the public on bear issues. McLaurin also
suggested the town do a mailing as an education project to inform the public. Sally
Jackie, Matterhorn resident, addressed the Council, stating it was each
resident's moral duty to take personal responsibility to ensure food and other attractors
such as bird feeders, pet foods, etc., not be left out to encourage the bears. It was
suggested that adopting regulations would make it more difficult to leave garbage out.
It was also noted the 2"d homeowners or absentee landlords need to provide a more
suitable place for trash. Mayor Kurz asked staff to continue to work with DOW to start
an education program and revisit enforcement opportunities.
Councilmember Greg Moffet stated several multi-units have open dumpsters. He
encouraged management companies to properly enclose dumpsters. Moffet also
asked citizens to look for creative solutions to the problem.
The sixth item on the agenda was the first reading of Ordinance #5, Series of 2001, an
ordinance amending the Town Code, Title 12, Chapter 13.
Allison Ochs, town planner, presented the ordinance to Council. Ochs stated the
Council
had reviewed the ordinance during their afternoon work session, and she had made
the changes as requested. Councilmember Greg Moffet made a motion
to approve Ordinance #5, Series of 2001, on first reading. Councilmember Kevin
Foley seconded the motion. Mayor Kurz called for public input. There was none.
Councilmember Diana Donovan suggested leaving in Item B on first reading, asking
for additional information on GRFA before second reading. Councilmember Greg
Moffet stated he felt there should be a separate discussion on
this item. Councilmember Sybill Navas asked staff to come back quickly with a
response and felt she would oppose this ordinance on that ground.
Councilmember Diana Donovan agreed with Councilmember Navas, feeling the
ordinance should be more restrictive, and hoped this would get closer to what the
Council had in mind on second reading. Town Attorney Moorhead stated the Council
would need four affirmative votes to pass on first reading. Councilmember Greg Moffet
made a motion to table this ordinance. Councilmember Kevin Foley seconded the
motion. A vote was taken and the motion passed unanimously, 5-0.
The seventh item on the agenda was the first reading of Ordinance #7, Series of
2001, a supplemental ordinance making supplemental appropriations and budget
adjustments from the Town of Vail Heavy Equipment Fund, Real Estate Transfer Tax
Fund, General Fund, Capital Projects Fund, of the 2001 Budget and the Financial Plan
for the Town of Vail.
Thompson stated the first supplemental appropriation is primarily needed to fund
projects that take more than one year to finish. The amount budgeted in a prior year,
but unspent, is what is referred to as the rollforward amount. Out of the proposed $2.7
million in supplemental appropriation, $2.1 million is funded by unspent budgets from
2000, with the balance of the supplemental appropriation at $602,571. The largest
projects included in the $602,751 requiring additional monies include: 3rd sheet of ice,
$150,000; smart bus technology, $250,000; Vail Center design, $235,000. The $87,000
for RETT collection costs was on the schedule of RETT expenditures that the Town
Council approved for the 2001 budget, but the amount was inadvertently excluded from
the appropriation.
Thompson stated the town ended the year 2000 with healthier fund balances than
anticipated by the following amounts: (Unaudited)
General Fund $1.3 Million
Capital Projects Fund $1.4 Million
RETT Fund $1 Million
Heavy Equip Fund $204,247
Councilmember Sybill Navas questioned the third sheet of ice - and Vail Center
financing. Thompson stated this was a new contract. Councilmember Greg Moffet
made a motion to approve Ordinance #7, Series of 2001, on first reading, and
Councilmember Kevin Foley seconded the motion. Councilmember Foley verified the
projects to be completed included Vail Valley Drive, the soccer field to Golden Peak.
Councilmember Diana Donovan reiterated her feelings on the $235,000 proposed for
the Vail Center, stating she did not feel the town was ready to commit to this, along with
the $30,000 proposed for the municipal building site study. Donovan also stated she
did not support the Donovan Park pavilion as currently designed. Donovan also stated
she did not like the idea of using real estate transfer tax (RETT) funds to pay for the
pavilion. Donovan then read a written statement as to why she was opposing the use
of RETT funds. Donovan stated she would vote against this ordinance.
Councilmember Sybill Navas stated she did not agree with Councilmember Donovan's
comments on the pavilion at Donovan Park, stating the structure was for recreation
use. Navas stated the proposed pavilion would not cost $10 million, but most of the
expenses would be spent on the 12 acre park road improvements. Carol Hymers,
Matterhorn resident, suggested this building on the lower bench might possibly sunset
the tax, thus ensuring a loss of revenue. She suggested finding alternative ways to
fund the building. Guy Ayrault stated there were different opinions as to the use of real
estate transfer tax to fund the pavilion, stating his interpretation of the RETT ordinance
was that the funds were to be used for incidental buildings only. After further
discussion, a vote was taken on the motion and the motion passed 4-1, Donovan
opposing.
The eighth item on the agenda was the second reading of Ordinance 2, Series of 2001;
an ordinance amending the Town of Vail Subdivision Regulations to allow for the creation
of a subdivision exemption and correction plat review process.
Brent Wilson, Town of Vail planner, addressed the Council, stating that after further
reviewing the ordinance with the Council, the department felt the ordinance did not
meet the objectives outlined by the staff at the outset of the process and requested the
Council to allow him to return with another ordinance that more clearly outlined the
objectives requested by staff and a concerned citizen. Councilmember Greg Moffet
made a motion to table Ordinance #2, Series of 2001. Councilmember Navas
seconded the motion. A vote was taken and the motion passed unanimously, 5-0 .
The ninth item on the agenda was the request for approval of the Vail Meadows Filing
No. 2 purchase of Lots 1, 2, 3, and 4. Russell Forrest, Community Development
Director, presented the request to the Council, stating the Town of Vail had the
opportunity to purchase Lots 1 through 4, Vail Meadows Filing 2 for a total amount of
$155,000. Forrest stated all four lots were listed as high priority acquisitions in the
Town of Vail Open Lands Plan. Forrest noted the Town of Vail had previously acquired
Lots 5-12, Vail Meadows Filing No. 2 in 1992 and those properties were presently
zoned as Natural Area Preservation District. Russell Forrest stated there is a roadway
easement in place that would provide access for a pedestrian bridge to be constructed.
This creek crossing would provide access for residents to the forest just beyond the
lots. The purchase contracts contained covenants, which have been reviewed by the
Town Attorney and staff and are consistent with the Open Lands Plan.
A motion was made by Councilmember Greg Moffet to approve the purchase of these lots.
Councilmember Kevin Foley seconded the motion. A vote was taken and the motion
passed unanimously, 5-0.
The next item on the agenda was the Town Manager's Report. Town Manager Bob
McLaurin stated he had reviewed the report with the Council in the afternoon
worksession and had nothing further to add. Kaye Ferry addressed the Council,
stating she was confused by the general sign code item, and suggested moving the
discussion until June when more business owners were in town. Town Manager
McLaurin stated his staff would put together a presentation to be reviewed by Town
Council and then a date for public discussion would be set.
Councilmember Foley reminded the Council of the Annual Family Carnival on Sunday to
benefit the local youth. A motion was made by Councilmember Foley to allocate $500 to
benefit the event. Councilmember Donovan stated her disapproval of these last minute
requests for donations, stating these groups should be considered along with all
other requests during the contribution request period during budget hearings.
Councilmember Greg Moffet seconded Foley's motion. Councilmember Sybil[ Navas
stated she agreed with Diana's comments and felt it was the Recreation District's duty to
provide these activities, along with the fact that the town made a substantial contribution
to them each year already.
Mayor Kurz stated that in good faith he would be voting for the motion. A vote was taken
on the motion and the motion passed 3-2, Diane Donovan and Sybill Navas opposing.
As there was no further business, a motion was made by Councilmember Greg Moffet to
adjourn the meeting. Councilmember Kevin Foley seconded the motion. A vote was taken
and the motion passed unanimously, 5-0.
The meeting was adjourned at 9:20 P.M.
Respectfully submitted,
Ludwig Kurz, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Minutes taken by Mary A. Caster
ORDINANCE NO.9
Series of 2001
AN ORDINANCE CORRECTING ORDINANCE NO. 23, SERIES OF 2000 AN ORDINANCE
AMENDING THE OFFICIAL ZONING MAP FOR THE TOWN OF VAIL IN ACCORDANCE
WITH TITLE 12, ZONING REGULATIONS, CHAPTER 5, ZONING MAP; REZONING THE
"VAIL GOLF COURSE CLUBHOUSE SUBDIVISION" FROM OUTDOOR RECREATION (OR)
DISTRICT TO GENERAL USE (GU) DISTRICT.
WHEREAS, the Town Council finds that this zoning designation is compatible with and
suitable to adjacent uses, is consistent with the Town's Land Use Plan and Zoning Regulations,
and is appropriate for the area; and
WHEREAS, The Planning and Environmental Commission of the Town of Vail has
recommended approval of this zoning map amendment at its September 25t", 2000, meeting,
and has submitted its recommendation to the Town Council; and
WHEREAS, the Town Council considers it in the interest of the public health, safety, and
welfare to amend the official Town of Vail Official Zoning Map.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. Based upon the testimony presented and the documents considered
including the entire Community Development file at hearings on the Conditional Use Permit and
the amendment of the zoning map, the Town Council makes the following findings of fact:
a. That there is a valid and complete application for the conditional use, the zoning
amendment and the minor subdivision.
b. That the Title work submitted and the deed from the Pulis Ranch to the Town of
Vail properly reflect that the Town is the property owner of the land subject to the applications.
C. That, without addressing whether the restrictive covenant in the deed has any
legal effect, the uses on the property including the sheet of ice and the seasonal structure are
included within the use "for a public golf course or open space or park for the benefit of the
public and only such related support facilities required for those purposes."
d. That the legal description provided by Eagle Valley Surveying properly identifies
the area of land to be re-zoned (received on or about October 3, 2000) and the area of land
subject to the conditional use of the seasonal structure and the parking available for that
conditional use (received on or about October 30, 2000) and that area has been appropriately
identified in the application and viewed in site visits and the legal descriptions have been
properly mailed to the adjacent property owners on October 31, 2000 and published in the Vail
Daily on November 1, 2000.
Ordinance No. 9, Series of 2001
e. That the Town has met all of the requirements for the granting of the conditional
use permit and the amendment of the Official Zoning Map.
Section 2. Based upon all the facts and the Town of Vail Town Code and applicable
Colorado law, the Town Council makes the following conclusions of law:
a. That the General Use District (GU) is compatible with and suitable to the existing
land use on the site and with adjacent land uses; and
b. that the amendment is consistent with the Town's Land Use Plan and Zoning
Regulations; and
c. that the amendment is appropriate for the area.
Section 3. The Official Zoning Map of the Town of Vail is hereby amended as
follows:
The "Vail Golf Course Clubhouse Subdivision," a parcel of land described as:
That part of Section 9, Township 5 South, Range 80 West of the 6th Principal Meridian,
Town of Vail, Eagle County, Colorado, described as follows:
Beginning at the most northerly corner of Lot 3, Sunburst Filing No. 3, according to the
final plat for Sunburst Filing No. 3, recorded in Book 263 at Page 429, in the office of the
Eagle County, Colorado, Clerk and Recorder, said point also being on the northerly right-
of-way line of Sunburst Drive, as shown on said final plat; thence the following two
courses along said northerly right-of-way line: (1) 119.32 feet along the arc of a curve to
the left, having a radius of 135.00 feet, a central angle of 50°38'21" and a chord that
bears N72259'22"W 115.47 feet; (2) S81 °41'30"W 187.43; thence, departing said
northerly right-of-way line, N08918'30"W 266.90 feet; thence N79°28'56"E 939.41 feet;
thence S11 228'38"E 91.78 feet; thence S40°01'1 9"W 490.77 feet; thence S77°00'32"W
165.16 feet to the northerly line of said Lot 3; thence, along said northerly line of Lot 3,
148.02 feet along the arc of a curve to the left, having a radius of 189.10 feet, a central
angle of 44950'53" and a chord that bears N65208'56"W 144.27 feet to the point of
beginning, containing 6.47 acres, more or less,
shall be rezoned to General Use (GU) District, in accordance with the attached map exhibit.
Section 4. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof,
regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or
phrases be declared invalid.
Section 5. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the
inhabitants thereof.
Ordinance No. 9, Series of 2001
y
Section 6. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other action or
proceeding as commenced under or by virtue of the provision amended. The amendment of any
provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall
not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this third day of April, 2001 and a public
hearing for second reading of this Ordinance set for the 17th day of April, 2001, in the Council
Chambers of the Vail Municipal Building, Vail, Colorado.
Ludwig Kurz, Mayor
Attest:
Lorelei Donaldson, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 17th day
of April, 2001.
Ludwig Kurz, Mayor
Attest:
Lorelei Donaldson, Town Clerk
Ordinance No. 9, Series of 2001
r
® approved and stated he was never contacted regarding the concerts. He signed a
petition stating they did not want the concerts on Gore Creek Drive. He said the
Council should find a more appropriate place to have these concerts.
The third item on the agenda was the consent agenda.
Approve the minutes of the October 3, 2000 and October 17, 2000 Town Council
meetings.
Council member Greg Moffet made a motion to approve the consent agenda with the
amendments as approved at the afternoon work session meeting, and Council member
Sybill Navas seconded the motion.
A vote was taken and the motion passed unanimously, 6-0.
The fourth item on the agenda was the second reading of Ordinance No. 23, Series of
2000; an ordinance amending the Official Zoning Map for the Town of Vail in
accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map; rezoning the
"Vail Golf Course Clubhouse Subdivision" from Outdoor Recreation (OR) District to
General Use (GU) District.
Tom Moorhead, Town Attorney, gave the Town Council background on the pending
legal issues.
Tom stated the first reading of this ordinance occurred on October 3, 2000 and passed
7-0 upon first reading. Prior to the first reading there was a conditional use permit
granted for the seasonal structure over the approved sheet of ice at the Vail Golfcourse.
This rezoning is necessary and is a condition of that conditional use permit.
On October the 4th, adjacent owners, represented by Art Abplanalp, who have
appeared and testified at all hearings, both before the Planning and Environmental
Commission (PEC) and the Vail Town Council, appealed that grant of the conditional
use permit. Subsequent to that appeal, they did go to the Eagle District Court and had
an ex parte temporary restraining order placed against any work proceeding on that
project. By ex parte, that means that the Town of Vail was not present when the court
issued that temporary restraining order.
On October the 24t", this Town Council heard the appeal of the conditional use permit
and upheld the PEC's decision in that regard.
On October 25th and 26th, the Town appeared before Judge Hart of the District Court for
a hearing on the preliminary injunction. After approximately four hours of taking
testimony, the court did not extend the temporary restraining order and refused to grant
a preliminary injunction. And at that time specifically stated that work could continue on
3 Vail Town Council Meeting Minutes of November 7. 2000
the ice as it pertained to the improved sheet of ice itself. Any work on the placement of
the seasonal structure was not to go forward and it was represented to the Judge by
the Town that it would not go forward until after the second reading of this ordinance
and depended upon the passage on second reading. At that time, after hearing the
evidence, the court did state that as we are proceeding through this to make certain
that the necessary requirements as far as the title to the property clearly appears of
record, that it is appropriate and that the legal descriptions are appropriate. We are
prepared to do that this evening. Brent will go through some technical issues as they
have been raised by the adjacent property owners. As I stated, there has been no
further work done on the bubble in regard to the placement of the seasonal structure.
Greg Hall has proceeded, as he has been able, for those items that pertain to the
improved sheet of ice. The testimony that was given at the hearing indicates that this
delay in going forward is probably going to cost an additional $150,000 for the project,
particularly now with the winter weather that we have seen come in. With that I believe
we are ready to proceed.
Brent Wilson, Town Planner, stated he would like to present evidence on some issues
to get them into the record. The first being the status of the application itself. The
Department of Community Development does have a valid and complete application for
the rezoning request, the conditional use permit request and the minor subdivision
application. The title work that we have has been verified by Land Title Guarantee as
accurate as well as the deed from the Pulis Ranch property. Both of these documents
indicate that the Town of Vail is the owner of the property and therefore we do have the
authority to move forward with these applications.
There is an issue with regard to covenants on the Pulis Ranch deed. The language in
those covenants indicate that the intended uses are for a public golfcourse or open
space or park for the benefit of the public and only such related support facilities
required for those purposes. This ties back to that issue of park land uses on the
property as indicated in the Master Plan. Staffs position is that this particular type of
land use, a seasonal structure for recreational facilities, is consistent with that
designation. Staff requests, that Council find, without addressing whether the restrictive
covenant has any legal effect, that the uses on the property are consistent with that
designation.
With regard to the legal description, we were provided a legal description from a
licensed, professional land surveyor, Eagle Valley Surveying out of Eagle-Vail. They
identified the area of land to be rezoned, this area, this legal description was attached
on first reading to this ordinance as an exhibit. What we have done now is actually
incorporated the legal description into the text of the actual ordinance and we have
issued additional property owner notices and we have republished the ordinance itself
in a local paper. The actual adjacent property owner notices were mailed out on
October 31st and the additional publishing of the ordinance in a local paper was on
November 11 of this year. Additionally, staff believes and finds that the town has met
4 Vail Town Council Meeting Minutes of November 7, 2000
all of the requirements for the granting of the conditional use permit and the
amendment of the official zoning map.
Brent touched on the criteria for the evaluation of a rezoning request. The criteria was
presented on first reading but was also read into the record on second reading. The
criteria for evaluation are:
1) Is the existing zoning suitable with the existing land use on the site and adjacent land
uses? Staff believes both the existing and proposed zoning is compatible with the
established land use. The Vail Land Use Plan identifies a future managed designation
of park on this property. Staff believes either outdoor recreation or general use zoning
is a type of vehicle that can be used to facilitate that type of land use. We believe the
existing and proposed zoning designations are compatible with this designation.
2) Is the amendment presenting a convenient workable relationship with land uses
consistent with municipal objectives? Under the proposed general use zoning, any land
development application is a conditional use permit with the exception of pedestrian
trails and open space. Given the established conditional use permit criteria, staff
believes any future land uses will go through that process and will present a
convenient, workable relationship consistent with municipal objectives.
3) Does the rezoning provide for the growth of an orderly viable community? Staff
believes it is consistent with the Master Plan and through the conditional use permit
process we have the ability to insure that it does provide for the growth of an orderly,
viable community.
4) Is the change consistent with the Land Use Plan? The staff memorandum dated
September 25, 2000 on pages 5 and 6, identifies relevant land use plan policies. Staff
believes this proposal is consistent with all those policies.
Based on these criteria, staff is recommending the Town Council approve Ordinance
No. 23, on second reading with the following findings: a) The general use district is
compatible with and suitable to the existing land use on the site and adjacent land uses;
b) The amendment is consistent with the Town's Land Use Plan and Zoning
Regulations and c) That the amendment is appropriate for the area. For the record
these findings are listed in the ordinance.
Tom Moorhead showed Brent a document and asked if this is the application as it
exists in the Community Development file for this particular project.
Brent said yes.
Tom then asked several questions of Brent about the application. The Community
~l Development Department received a letter from Rick Pylman dated July 31, 2000,
5 Vail Town Council Meeting Minutes of November 7. 2000
attached to the standard application for a Planning and Environmental Commission
approval. He asked Brent what procedures were being requested to be considered at
that time by that application.
Brent stated that the application was requesting a conditional use permit, minor
subdivision and a rezoning request.
Tom then asked whether subsequent to the filing of this application, has the application
been supplemented.
Brent said yes, staff has received additional information.
Tom asked if there was an Exhibit A with Robert McLaurin`s signature on it and what it
said.
Brent said yes there is a signature by Robert McLaurin on Exhibit A, and it reads,
"Signed this 29`h day of September, 2000 for now and including the time since July 11,
2000 when the Town Council, in public meeting as the property owner, directed staff to
proceed with the application for the conditional use permit, the rezoning from outdoor
recreation to general use and the minor subdivision application."
Tom then asked if there were other exhibits attached in addition to Exhibit A.
Brent stated Exhibit B is the July 11, 2000 Town Council meeting minutes where the
Town Council directed staff and Rick Pyleman to move forward on the application
process on this project. Exhibit C is the legal description for the rezoning and the
subdivision request that was provided by Eagle Valley Surveying. Exhibit D is
a graphic map exhibit of the proposed rezoning and subdivision as provided by Eagle
Valley Surveying.
Tom then asked, in regard to the survey, has Eagle Valley Surveying given the
description of both the area to be rezoned and as well as the area contained within the
conditional use itself, :hat being the ice rink and the seasonal structure.
Brent said yes.
Tom then asked if these surveys have been provided to the adjacent property owners
and if this information was published in the Vail Daily.
Brent stated that the legal descriptions and the graphic exhibits were provided to the
adjacent property owners and were published in the Vail Daily.
Tom asked when the mailing and publishings occurred.
6 Vail Town Council Meeting Minutes of November 7, 2000
Brent said the legal description and graphic exhibit mailing was sent out to adjacent
ti! A& property owners on October 31, 2000 and the legal descriptions and graphic exhibits
were published in the Vail Daily on November 1, 2000.
Tom then asked if the deed of record, in the Community Development Department, of
the Pulis Ranch to the Town of Vail, conveying the land to the Town of Vail, is
consistent with the survey work done by Eagle Valley Surveying and the title work done
by Land Title and if all the documents indicate that the land in question is owned by the
Town of Vail. .
Brent said yes, that information is correct.
Tom then asked there has been any question about the ownership of the land and if
there has been any question of the location or identification of the place that is to be
rezoned or that is to be subject to the conditional use permit.
Brent said there had been no questions in that regard.
Tom then asked if this deed or instrument that contained the restrictive covenant that
indicates that this it to be used for a public golf course, open space or a park.
Brent said yes it is.
Tom asked, based on Brent's testimony, the designation of park and the uses that are
being discussed here are consistent with the Vail planning documents.
Brent said that is correct.
Gretchen Busse, a Sunburst Drive adjacent homeowner, asked how long will the
rezoning be in effect and will the area return to open space.
Tom Moorhead stated that once the property is rezoned it would remain that way until
such time that the Town Council considers a rezoning.
Ms. Busse asked if that would be considered after the conditional use of two years.
Tom said whether or not an application comes through to rezone this property cannot
be anticipated. The conditional use permit is presently granted for two years and is
subject to being renewed. There is not any requirement or discussion of rezoning in the
near future after this amendment is put into place.
Mayor Ludwig Kurz asked Art Abplanalp to cover only new, pertinent information that
the Council should be aware, since they have gone over several issues in past
meetings.
7 Vail Town Council Meeting Minutes of November 7, 2000
i ~rv
lArt Abpianalp, representing the homeowners in the Vail Golf Course area, stated he
wanted to incorporate into the record, the remarks made at the hearing of October 4,
2000 and before the PEC.
Tom stated it is agreed that everything the Town Council and the PEC have received
are records of the proceeding this evening.
Art Abpianalp stated he was representing Vail Golf Course Townhome Association's #1,
2, 3 and 4, and that is approximately 74 properties that he is representing plus a couple
of residential owners on Sunburst Drive. He stated there was some confusion
regarding a letter he delivered to the Town, from John Dunn, dated September 28,
2000. When John Dunn appeared before the Council on October 3, 2000, the letter
was not in that packet. The letter that was missing is dated September 28, 2000 and
relates to the zone change and speaks for itself, and this letter was delivered to the
town council this afternoon. He said effectively, this letter was delivered 3 days after
the PEC hearing, which was the day before the exhibit that was executed by Bob
McLaurin, and the day before the first legal description appeared for this property we
are talking about.
He explained that they took the map, with no legal description, to a surveyor and scaled
it off and came up with a legal description on a comparative map. This legal description
is roughly 3.3 acres. After the PEC, two months after the application was filed, a legal
description of 6.5 acres surfaces of the rezoned area. He said this area was not part of
the original application, or part of the notice to the adjacent property owners and wasn't
before the PEC. He said this goes beyond the driving range and was not part of the
process. The issue is that the discrepancy is over the original 3.3 acres versus 6.5
acres now. He said what is important is this process violates the desires and objections
of the property owners and residents in this area. He said almost every property owner
on Sunburst Drive objects to this rezoning. The real problem is the rezoning is a threat
to the neighborhood. He listed some of the types of things that may be built on the
rezoning including structures, including hospitals, major arcades, etc. Additional issues
are the noise and traffic. It is not a zoning issue, it's a variance issue. Art also said the
town is in a crisis and it does not warrant a zone change. He said the town started too
late, used the wrong procedure, rezoning instead of a variance, and mother nature is
going to blow the budget out of this issue. He wants the town to put this away for
several months and put it where it is needed such as on Berry Creek 5' filing. He said
you have seen the letter, the neighbors don't want it. He said the town is authorized to
make or enact a zone district amendment on an application of any person or on its own
application for a specific zone district. That's what Tom was trying to create in the
record. He said the record isn't there to support that because this 6.5 acre parcel
wasn't in the process until half way through the process. He said the Council doesn't
have the jurisdiction, if you don't have hearings on the question which you are acting
Q on. The town is under pressure of a certain constituency and the neighbors want their
a Vail Town Council Meeting Minutes of November 7. 2000
r
rights respected. There is a covenant in the deed which is subject to dispute. This
rezoning is not consistent with statements made in the Master Plan. Opening up this
area to other uses is not good. The property owners wish the Council would recognize
their rights.
Tom Moorhead stated there is no such thing under the town zoning ordinances as a
two-year or a temporary use variance. Use variances are not recognized in our zoning
regulations. After Brent's comments regarding the legal description, I will have
concluding remarks and would like to identify some appropriate findings of fact and
conclusions of law for the Council.
Brent Wilson stated for the record, that since day one, the rezoning was represented to
the PEC and the public as incorporating the Vail golf course clubhouse, the starter
shack and the driving range. Art's map and the map the town sent out is identical.
Tom stated he handed out to the Town Council findings of fact and conclusions that
should be included in this ordinance as sections one and two, they are findings of fact
and conclusions of law. Section One, based upon the testimony presented and the
documents considered, including the entire Community Development file, at hearings
on the conditional use permit and the amendment of the zoning map the Town Council
makes the following findings of fact: a) that there is a valid and complete application for
the conditional use, the zoning amendment and the minor subdivision; b) that the title
work submitted and the deed from the Pulis Ranch to the Town of Vail properly reflects
that the town is the property owner of the land subject to the applications; c) that
without addressing whether the restrictive covenant in the deed has any legal effect, the
uses on the property including the sheet of ice and the seasonal structure are included
within the use for a public golf course or open space or park for the benefit of the public
and only such related support facilities required for those purposes; d) that the legal
description provided by Eagle Valley Surveying, properly identifies the area of land to
be rezoned, received on or about October 3, 2000, and the area of the land subject to
the conditional use of the seasonal structure and the parking available for that
conditional use, received on or about October 30, 2000 and that the area has been
appropriately identified in the application and viewed in site visits and the legal
descriptions have been properly mailed to the adjacent property owners on October 31,
2000 and published in the Vail Daily on November 1, 2000, and finally, e) that the town
has met all the requirements for the granting of the conditional use permit and the
amendment of the official zoning map.
Then finally, Section Two, based upon all the facts and the Town of Vail Town Code
and applicable Colorado law, the Town Council makes the following conclusions of law:
that the general use district is compatible with and suitable to the existing land use on
the site and with adjacent land uses and that the amendment is consistent with the
Town's Land Use Plan and zoning regulations and finally that the amendment is
appropriate for the area.
9 Vail Town Council Meeting Minutes of November 7, 2000
a.
~y l
One of things Judge Hart discussed in his ruling was the fact that it was common in any
development review process that there are discrepancies between legal descriptions,
publications and matters of that issue. He directed that it would be appropriate to take
care of these items and cured during the process. Art raised technical issues that
occurred in the beginning of the process and this would be cured during this process.
Council member Sybill Navas asked that the sections be clarified in the ordinance.
Council member Greg Moffet made a motion to approve, on second reading, Ordinance
No. 23, Series of 2000, subject to adding the findings of fact and conclusions of law as
read by Tom Moorhead, and Council member Sybill Navas seconded the motion.
Art Abplanalp said the map is correct but the map was given out after the meetings and
after the notification to the adjacent owners. Judges comments on refining the
description during the course of proceedings, he said this is not refining this is doubling
the area.
Council member Diana Donovan stated the section numbers were off.
Tom stated they would be corrected.
A vote was taken and the motion passed unanimously, 6-0.
The fifth item on the agenda was First Reading of Ordinance No. 27, Series of 2000 -
Annexation of 1-70.
Allison Ochs, Town Planner, stated this is a request for the annexation of certain
portions of 1-70 and the Frontage Road right-of-way into the Town of Vail. She
described the general areas to be annexed which included Parcel A, which is located
approximately from the Main Vail Roundabout to the Vail Mountain School and Parcel B
which is located approximately at the east end of the Buffer Creek Subdivision,
extending west to the Vail Intermountain Subdivision. Maps of these areas and the
legal descriptions are included in this ordinance.
Allison stated the staff recommends the Town Council approve Ordinance No. 27,
Series of 2000, subject to the following findings: 1) That the area to be annexed and
proposed zone district is compatible with and suitable to adjacent uses, is consistent
with the Town's Land Use Plan and Zoning Regulations, and is appropriate for the area;
2) The area proposed for annexation is contiguous to current Town boundaries by not
less than 1/6 of the perimeter of the area; 3) A "community of interest" exists between
the Town and the area proposed for annexation; 4) No land held in identical ownership
will be divided without written consent of the landowner; and 5) The annexation does
10 Vail Town Council Meeting Minutes of November 7, 2000
Section 1. Based upon the testimony presented and the documents
considered including the entire Community Development file at hearings on
the Conditional Use permit and the amendment of the zoning map, the Town
Council makes the following findings of fact:
a. That there is a valid and complete application for the conditional
use, the zoning amendment and the minor subdivision.
b. That the Title work submitted and the deed from The Pulis Ranch
to the Town of Vail properly reflect that the. Town is the property
owner of the land subject to the applications.
c. That, without addressing whether the restrictive covenant in the
deed has any legal effect, the uses on the property including the
sheet of ice and the seasonal structure are included within the use
"for a public golf course or open space or park for the benefit of
the public and only such related support facilities required for
those purposes."
d. That the legal description provided by Eagle Valley Surveying
properly identifies the area of land to be re-zoned (received on or
about October 3, 2000) and the area of land subject to the
conditional use of the seasonal structure and the parking available
• for that conditional use (received on or about October 30, 2000)
and that area has been appropriately identified in the application
and viewed in site visits and the legal descriptions have been
properly mailed to the adjacent property owners on October 31,
2000 and published in the Vail Daily on November 1,2000.
e. That the town has met all of the requirements for the granting of
the conditional use permit and the amendment of the Official
Zoning Map.
Section 2. Based upon all the facts and the Town of Vail Town Code and
applicable Colorado law, the Town Council makes the following
conclusions of law:
a. That the General Use District (GU) is compatible with and suitable
to the existing land use on the site and with adjacent land uses; and
b. That the amendment is consistent with the Town's Land Use Plan
and Zoning Regulations; and
c. That the amendment is appropriate for the area.
is
u
Exhibit
Proposed Rezoning
Graphic Parcel Description
UNPLAI TED
vs.. '
266 90
.
AMM 08 30
i N 168,27
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00
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SOMI, ANGU, f'01N1 LOT i,
SUNBURST FILING NO. 3 t4
igUNO #4 RE.HAP k AftAd
CnP L.S. #16844 1
Cn
V A I L V A L L E Y I=50'38'21
R=135.00'
U R i V E ( ~0 PQ P- L=119.32'
CLEN=1 15.47'
BRG=N 72'59'22" W
f=44'50'53"
R=189.10' VAIL GOLF COURSE CLUBHOUSE
L=148.02' SUBDIVISION
GLEN=144.27'
6RG=N 65'08'56" W
6a7 ACRE,, Z
LOT 3 J
OUTLINE TLI E 013 UNPLATTE
SUNBURST FILING NO. 3 O
U4
.1 l . P
O V'
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UNPLATTED
s
QQO, .
~9 e
-41
O
AO' 150' vy
240'
5 11'28 515
E
g1 78
NOTICE. ACCORDII.10 TC rOLOR400 LAW YOU MUST COMMENCE ANY LEGAL
ACTON BASED UP01 AIJY DEFECT iN THIS SURVEY 'NIT 0.1 THREE y;,;FTEP YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT,, CLAY AI.IY
ACTION BASED UPON ANY DEFEC, RJ THIS SURV Y BE Co41MErsCEO >.IOP.E
THAN TEN YEARS FnOS1 THE DATE OF !HE CERTIFICATION SHOWN
EAGLE VA4 'AEREON
330 COTTON RANCH - 1997 BLACK VOLKSWAGEN JETTA: Based upon the testimony presented and the
j 1 Gypsum. Single Family lot on Golf Loaded, excellent condition, cruise, 5 documents considered tIncluding imony p the entire d the
Course. Lot 0 65 Is easy to build on for disk CD player, AC, 4 new snows, munity oevetopmant file at hnarings on the Car Com-
Dean Johnson y Use Permll end the amendment or the
Christmas/New Years Rental. Available ONLY $104,300. Extremely motivated 65.000 miles, $12,000.926-3672. zoning map, the Town Council makes the follow-
December 19-January 1. 3 bedrooms, dllla,al l Ua Us
g Schmidt 970 926-3777, ing findings of fact:
3 1/2 bath home on Eagle Vail Golf Manaement, 1nG. Sellers, bring ( all ) offersl Call Fritz
Great tat Carl 1986 To eta Tercel That there is a valid and complete applica-
y flea for the conditional use, the zoning amend-
Course. 6night minimum at 1400 per Speci roek alizing vacation in luxury homluxuryes. 3-A Beaver Distin uished Properties Realtors® wagon, 4WD, good condition, new meat and the minor subdivision.
tires. 156k miles, $1800 (910) 653-4442 t an
c Call: 2 ham itten of d Vail the deed
n Christglhl . I'Irnnas in ,TSn Eagle V cell (910)949 4 1 8h. ba the Tips work submitted and the dead
0 Iy r -1110 Pulls Title
s acidi, all rl availability, ml please pie . For
Is thn propmty owner of
Town k to Iho 10 Ih tha low,,
SI Eagle I ail j ERustM minutes Irorn 4 3 details and Ilia tend sthat Polls Ranch e work
Jgs7 I;i:5t1 Irado our 4 bodroorn luxury waterfront ollocto 705 That, without Town is
whether Iho rostrlc-
1-800-448-1553 home in Bahamas, anytime for your five covenant to the d ros has any therm affect. the
Beaver Creek. Single family home, uses v the property including the sheet of ice
3 Bedroom, 3 bath plus familyy room. 2+ Vail/Beaver Creek property, 1990 t mpg, Integra, red 4-door, and the seasonal structure are included within
December 15th to 31st. Call Ginny at Februa 16 - 25 2001 1-631-563-7215 great mpg, handles very well, the use "for a public grit course or open space or Acura low maintenance. $3875. ark for the a public of the public and only such re-
(970) 949-5278
bed S m to hordes and condos. 1 Call TOM at (970) 390-1595 Paled supped fnefiitios required for those purpos-
bedroo to 5 bedroom, all with fully as..
ARROWHEAD AT VAIL: Eight bedrooms, egUl Aped kitchens, fireplaces, vieWS. ll
den, Stone b, free e shuttle. , a tennis nnis and Call F theater, Valley Surveying properly identifies the area of
pool. Private setting, spectacular views, that the legal description provided by Eagle
private hot tub, frn Vail Valley Real Estate brokers, toll land to be t t re-zoned (received on or about Eagle
(tee: 1-800-955 VAIL orlo-
bar 3, 2000) and Ilia area of land subject to the
nightly or lease. (970) 926-6767, 1 1 conditional use of the seasonal structure and the
1-800-800-6096, or 1520M 1710
1975 Yellow Jeep J10, Rebuilt Trans., parking available for that conditional use (re-
' October 30, 202000) and that
vyWW,riAL-SAKI !S-FON@;i -L_ starter, valve job, new radiator. ceived area Ties on or been about out Ortctober identified in the
Wonderf that REAL EsTATE 1 Bedroom available in 3 bedroom home Runs great - periect work truck $1700. areatand viewed in site visits and the leapt
VA rful ul an anx:enitilliti N E in Red Cliff. Available Nov. 1st. space. a Call Tom at 970-390-1585 descriptions have been properly mailed to the ad-
month includes garage decent property owners on October le 31, 2000 to th and
2-4 (location reaso5/ s hom real es. 405 Call(970)827 9304 _ _ _ published in the Vail Daily on on November 1, 2000.
2000
_ That the town Dail all of the -
e
,`Q'
locatand summer rat 1 meals for the granting s the call fothe use per-
winter and summer rates. Rooms for rent. h Creek Terrace. $175 mit and the amendment of the Official Zoning
(970) 476-6tL6450 Retail Coinmercial- 970-328 week. Brush 1992 Full-sized Ford Bronco Map.
WEEKLY/MON /LEASE -1427 4x4, 2 114 F K, zed or best offe sECrloN 2.
- Y Space Call (970) 748-9670. Based upon all the (acts and the Town of
Space [525 WA, 11 r. Vail Town Code and she facts Colorado law, the
decorated home w Town Council makes the following conclusions of
LUXURIOUS m
5,500 e with SO.breat athtaking views. Professionally Vail des Schone law:
g bed 1 patible That with Ilia and std general table Use to the District existing (GU) la is nd corn-use
Six bedroom, 4-1/2 bath, 5x7 steam room, Liquor Store next to Wanted room/2 to bath rent for condo in month of Avon, Edw Marcll . 2 ards or
on the site and with adjacent land uses; and that
lass enclosed spa room with spectacular Ace Hardware is moving. farther west. We are 2 retired couPies
view, 52" big screen TV, full size e bar with Land Use Plan and Zoning Regulations; and that
Creek the amendment is is consistent to appropriate for for t withh e the area. lown's
4,987 Sq. ft. NNN Lease pine experience in or near Beaver the amendment and ui
ice maker, washer/dryer, plus many more from Western New York looking foran al-
amenities. The borne has e and Vail Ski areas. Please reply to
accommodations for up to 18 people e and Wirth Management, Ina jwhgelg4 ® Q9i1QSlgr.rr.CQ1 or call Jack SECTION 3.
gathering Scott Wirth Public Notice clause or phrase of this ordinance is for any rea-
For !s great fora information, call Pat of Carter friends, Wheeler at (716) 394-1807 If any pad, section, subsection,
COrpOrate retreat or family get-tegethers. son held to be invalid, such decision shall not at-
ORDINANCE NO. 23
(918) 492-0809. (970) 479-1082 sentence,
ordinance; and the Town Council hereby de-
AN ORDINANCE AMENDING THE OFFICIAL Glares it would have passed this ordinance, and
weS1 st : Vail 1410 1 1 1 , ZONING a fact phrase the ase validity (hereof, of the regardless of remaining the portiofact that any
I
ZONING MAP FOR THE TOWN OF VAIL IN each part, section, subsection, sentence, clause
Ptarmigan Townhomes, 2 bedrooms, ns of this
REGULATIONS, CHAPTER 5, ZONING MAP; one r more pads, regards, subsections, semen-
common sleeping den, 2 hot baths tub, fireplace. located on Gore REZONING ACCORDANCE Series THE WITH of 2000 "VAIL TITLE GOLF 12COURSE ces, clauses or phrases be declared Invalid.
SECTION 4.
Family Eagle. 3B Home TERRACE on , edroom large 2.5 corner Bath, dotSUBDIVISION. - Parti- DOOR Fl SE SUBDIVISION" DISTRICT TO 615 1 CLUBHOUSE FROM OUT.
Call 1 Creek, 00-448-1553 On or TOV 970. bUc94e. route,
t PRIVATE MONEY TO LOAN GENERAL USE (GU) DISTRICT. The Town Council hereby finds, determines
- Single and declass that utills n ordinance is necessary and
la or t rs t health, rarer
for moore re d details and availability. lity. ally urnished basement -Accessory WHEREAS, Il,e Town Council finds That this proper y and waiters of the
zoning designation is compatible with and suite- Town of Vail and the inhabitants (hereof.
Rental Unit allowed for extra income.
LUXURIOUS SECLUDED WILDRIDGE Motivated Sellers, brie all offers! Co Real mm estate loans eicial/Residential to 8 $3 Land. Million. Fast o adjacent uses, is consistent with the
HOME: Sleeps 15, 5 bathrooms, spec- Call Fritz Schmidt (970) 926-3777 closings, special situations, confider) ble t
Bro -kers and Tbwn is land Use Plan and Zoning with th , The amendment of any provision l'181i Robert 800-475-4451. appropriate for the area; and y p ovision of the
suite, kitch en, e SECTION 5.
r master s epicurean Distinguished Properties Realtors® tyWHEREAS, The Planning and Environmen- Town Code as provided In this ordinance shell
erl exquisite furnishings, Beaver Creek. welcome. www.mOntegra.com tai Commission of the Town of Vail has recom- not plied any right which has accrued, any duty
ppanorama overlooking Beaver Creek. Large 5 Bedroom home. mended approval of this Zoning map amendment Imposed, any violation that occurred prior to the
Reasonable: 970 845 8885. Dot Sr1gw Goose in Brush ~regk TerlacQ, MONTEGRA at efts September 25th, a2000. tion meeting, and has effective date hereof, any prosecution com-
walking distance to Vista Bohn. Very Great Views, Large Lot. Reduced to CAPITAL RESOURCES, LID submitted S its recommendation to the Town Coun- menced, nor anyy other action or proceeding as
VAIL VILLAGE STUDIO. Great location $395,000 (970) 328-1427 amended. The amendment of any provision here-
WHEREAS, the Town Council considers it it, by shall not revive any provision or any ordinance
Lots , of availability. From $120./night, cfl; and commenced udder or by virtue of the prevision
- - - of the public healthel-
comfortable, full kitchen, fireplace. I fare to amend the official Tow, n of salarVail Off y, ry, and d i wr•,fal Previously repealed or superseded unless
BEDROOM CONDOMINIUM, sinEli g 1 the interest pressly valor, pool, underground parking, NOW, THEREFORE, BE IT ORDAINED BY
(841)43able47)438 7547. bus, 25 minute walk to aheod. THE Zoning MapTOWN. COUNCIL OF THE TOWN OF VAIL, SECTION 6.
$280
1280,000. Edelweiss Realty Co. Call Karl COLORADO, THAT All bylaws, orders, resolutions and ordinan-ads
consistent
ewith 1 800 VAL VAIL. www.youwln.net 1705 reces, Or pealed to thelextent only of such i co~nsiste cy,
SECTION 1 This repealer shall not be 7 n,strued to revise any
415 bylaw, order, resolution or ordinance, or pad
thereof, theretofore repealed.
E. This annexation fulfills all mquiremenls of Mayor Boundary, and along the northerly Ilne of the par- northerly line of the parcel annexed to the Town
INTRODUCED, READ ON FIRST READ- Section 12-31-105 of the Colorado Revised Sim- ATTEST cal ..ad to the Town of Vail by Ordinance 20, of Vail by Ordinance 20, Series of 1974:
ING, APPROVED AND ORDERED PUBLISHED ides, Limitations In the Colorado Revised Stal- Lorelei Donaldson Series of 1974, (1) 565 degrees 10'31"W 32.95 feet;
ONCE IN FULL ON FIRST READING this 3rd tires. Town Clark S14 degrees 56'18"W 337.48 feet; thence. 2 N89 degrees 59'52"W 868.80 feet to a
day of October, 2000 mid a public homing for continuing along the existing Town of Vail Boun- non-tangant point on curve; thence, conlinuingg
second reading of this Ordinance set for the 7th SECTION 2. PARCEL DESCRIPTION dory, tha following four (4? courses along the along the existing Town of Vail Boundsrryy,~ the IT
day of November, 2000, in the Council Chambers Annexation costs. AN costs mid expensed PARCEL A no herly line of the parcel annexed to the Town lowing seven (7) courses along the notudy fine
of the Vell Municipal Building, Vall, Colorado. connected with the annexation shalt be paid by (See Sheets 2 and 3 for Parcel Diagram) of Vail by Ordinance Q. Series of 1973: of die parcel annexed to the Town of Vail by Or-
TOWN OF VAIL the Town of Vail. A parcel of land lying wilton Sections 2, 3 4, 1 N87 degrees 33'05'W 880.00 feet; dinance 9, Series of 1972:
Ludwig Kurz 5, 8 and 9, Township 5 South, Range 80 Wes, of S2 N87 degrees 30'49"W 685.82 feel; (1) 508.28 feet along the arc of a curve to
Mayor SECTION 3. the Sixth Principal Meridian, Eagle County, Colo- ((3 N88 degrees 19'41"W 150.00 feel; the left, having a todlus of 5550.00 feet, a central
ATTEST: Filing Copies of Ilia Annexation Plan and Art- rado, described as follows: 4 S65 degrees 10'31'W 283.65 feet; angle of 05 degrees 14'50', and a chord which
Lorelei Donaldson noxotion Ordinance In accordance with Section Beginning at the northwest corner of said thence, continuing along the existing Town of Velf bears S76 degrees 17'11"W 508.10 feet to a
Town Ctotk 31-12-113 of the Colorado Revised Stabiles. Section 8, on the existing Town of Veil Boundary; Boundary, the following two (2) courses along the point of tangency;
READ AND APPROVED ON SECOND A. A copy of the annexation plot with fire thence, along the existing Town of Vail Boundary
HEADING AND ORDERED PUBLISHED ONCE original of this annexation ordinance shall be filed the following two (2) courses along the southerly
IN FULL this 71h day of November, 2000. In the Office of the Town Clerk of the Town of and easterly lines of the parcel annexed to the
TOWN OF VAIL Vail. Town of Veil, as Parcel B, by Ordinance 7, Series
Ludwig Kurz B. The Town Cleric shall file for recording two of 1980:
Mayor (2) certified copies of this annexation ordinance (1) N89 degrees 46'27"E 1327.04 feet; A
ATTEST: end a map of the area annexed containing a legal 2 NOD degrees 18'14'W 155.94 feet; .
Lorelei Donaldson description of such area with the County Clerk thence, continuing along the existing Town of Veil Graphib P9rt lkfysaEii~{fOt1
Town Clerk and Recorder of Eagle County, Colorado. Boundary, the following two (2) courses along the
C. The County Clerk and Recorder of Eagle southerly line of the parcel annexed to the Town
SEE EXHIBIT A County shall be directed to file one (1) certified of Vail by Ordinance 35, Series of 1984: I
(PLEASE NOTE: Original plat Is available for copy of the annexation ordinance and map with (1) S66 degrees 52'12"E 241.10 feel; UNPLATTED
public inspection at the Office of the Town Clerk the Division of Local Government or the Depart- 2 S73 degrees 48'32"E 214.12 feet;
during normal business hours.) mend of Local Attains. thence, continuing along the existing Town of Va11 u~ n M°•~ . hs'30' W _ 26s.9o
Boundarryy, tine following three (3) courses along r;;,l•" N 0s
Published in The Vail Trail SECTION 4. the southerly line of the paeet annexed to the
on November 10, 2000 As this property consists of road right-of- Town of Vail by Ordinance 11, Series of 1970:
way, no zoning shall be Imposed on the annexed 1 S73 degrees 46'15'E 789.30 feel;
area. 2 S78 degrees 49'16"E 567.90 feet;
~3~ S75 degrees 28'18'E 942.40 lest boa i,„,a,.,, ,,o. '
SECTION 5. non-tan end point on curve; thence, continuing
This annexation shall take effect in accord- along the existing Town of Vail Boundary, and
once with the Charter of the Town of Vail and the along the southerly Nne of the parcel annexed to o
Statutes of the State of Colorado. the Town of Vail by Ordinance 13, Series of V A I L V A L L E Y-s0.3a'r-
1970, 1327.90 feet along the arc of a curve to the D R I V E s-135-00'
SECTION 6. left, having a radius of 5580.00 feet, a central an- (40 L-119.32'
Public Notice If any part, section, subsection, sentence, gle of 13 degrees 38'04", and a chord which GLEN-115."7'
clause or phrase of this ordinance is for any rea- bears N89 degrees 36'34"E 1324.70 feet; thence, aaG-N 2r59'22- w
ORDINANCE NO. 27 son held to be invalid, such decision shall not ef- conlinuing along the existing Town of Vail Boun-
Serles of 2000 fect the validity of the remaining portions of this dary, the following three (3) courses along the 1-"5053-
ordinsnce; and the Town Council hereby de- southerly line of the parcel annexed to the Town 11-169.10' VAIL GOLF COURSE CLUBIIOUSF
L-+48.02'
AN ORDINANCE ANNEXING CERTAIN ciares It would have passed this ordinance, and of Vail by Ordinance 25, Series of 1977: CLLN-144.27• % SUBDIVISION
PROPERTY MAPPED AS THE INTERSTATE each part, subsection, sentence, clause nr (1) 456.43 feet along the arc of a curve to 9RG-N 65'08'56' w__
AND FRONTAGE ROAD AND SETTING phrase thereof, regardless of the fact that any the left, having a radius o 5580.00 feet, a central
FORTH DETAILS IN REGARD THERETO. one or more parts, sections, subsections, senten- angle of 04 degrees 41'12', and a chord which [or 3 ,q
ces, clauses or phrases be declared Invalid. bears N80 degrees 33'38"E 456.30 feel to a point SLINDURS r FILING NO. 3 wn 'r q , UNPLATIFI
WHEREAS, the Town of Vail has adopted of tangency;
Resolution No. 8, Sodas of 2000, a resolution ini- SECTION 7. N78 degrees 13'02"E 1534.29 feet;
Hating the annexation of certain property mapped The Town Council hereby finds, determines, (3 N67 degrees 41'3,4"E 415.82 feel; - ^
as portions of the Interstate and Frontage Road and declares that this ordinance Is necessary and thence, depardknp tire existing Town of Veil Boun-
to the Town of Vall, Colorado. proper for the health, safety, and welfare of the dary, the following four (4) courses along the
WHEREAS, this annexation Is being com- own of Vail and the inhabitants thoreot. northerly right-of-way line of Interstate Highway N
pleted pursuant to Section 31-12-106 of the Colo- No. 70: a m
redo Revised Statutes; and SECTION 6. ((1 N66 degrees 50'41"E 224.7 feet;
WHEREAS, notice and hearing has been set The amendment of any provision of the (2 N79 degrees 25'34'E 900.2 feet;
as provided in Section 31-12-108 of the Colorado Town Code as provided In this ordinance shall ((3 S83 degrees 24'4VE 316.2 feet; £
Revised Statutes; and not effect any right which has accrued, any duty 4 N78 degrees 09'11"E 239.5 feet to the
WHEREAS, this Is an area eligible for an- Imposed, and violation that occurred prior to file existing Town of Ve11 Boundary; thence, along the
nexation as set forth in Section 31.12-104 of the effective date hereof, any prosecution com- existing Town of Vn11 Boundary, the following ten
Colorado Revised Statutes. menced, nor any other action or proceeding as (10) courses along tine southerly line of the parcel
NOW, THEREFORE, BE IT ORDAINED BY commenced under of by virtue of the lirovlskin annexed to the town of Vail by Ordinance 11, UNPVtITED
THE TOWN COUNCIL OF THE TOWN OF VAIL, amended. The amendment of any provision here- Series of 1972:
COLORADO, THAT: by shell not revive any provision or any ordinance (1) N78 degrees 09'1 VE 460.5 feet; a'
previously repealed or superseded unless ex- 2 N54 degrees 27'56'E 373.4 feet to a non-
SECTION 1. pressiy stated herein. tangent point on curve;
The Town Council finds regarding the annex- (3) 425.7 feet along the arc of a curve to the h
ation of the portion of the 1-70 right-of-way as le- SECTION 9. left, having a radius of 5430.0 feet, a central on-
gally described in Attachment A and as shown on All bylaws, orders, resolutions ad ordinan- gee of 04 degrees 29'31", and a chord which >1
Attachment 8 attached hereto that: ces, or parts thereof, Inconsistent herewith are bears N75 degrees 54'27"E 425.6 feet to a point f~--
A. Not less than 1/6 of the perimeter of the repealed to the extend only of such Inconsisten. of non-tangoncy;
area proposed to be annexed Is contiguous with cy. This repealer shelf not be construed to revise 4 N85 degrees 36'29"E 724.6 fool;
the annexing municipality. any bylaw, order, resolution or ordinance, or part 5 N73 degrees 39'42"E 2175.3 feet to a
B. A community of interest exists between thereof, theretofore repealed. point of curvature;
the area proposed to be annexed and the annex- (6 1667.3 feet along the arc of a curve to s nv02°7 s" e
ing municipalil. INTRODUCED, READ ON FIRST READ- the right, having a radius of 5880.0, a cordial an-
C. Said area Is urban. ING, APPROVED AND ORDERED PUBLISHED gle o 16 degrees 14'47', and a chord which
D. Said area Is Integrated with the annexing ONCE IN FULL ON FIRST READING this 7th bears N81 degrees 47'06"E 1661.7 feet to a point
municipnlity and is consialont with fire Corn ire- day of November, 2000, and n public homing for of nomlmhgmhcy; M..~•,»:,, "",M.,", ,.„R" ra n"wnh u"
second roadie of the Ordinance set fo Iho 21 of jll~ N43If rees 4U'33"E 151.0 feet; plan. o Opon Lends Plan and Iho Vell Land so 9 p day of November, 2000, In the Council Chambers N81 degrees 07.45"E 164.2 feet; N
of the Vail Municipal Building, Vail, Colorado. 9 S73 degrees 41'44"E 459.3 feet; "
TOWN OF VAIL 10) S87 degrees 33'05'E 1191.52 feet;
Ludwig Kurz thence, continuing along the existing Town of Vail
Y .
ORDINANCE NO. 23
Series of 2000
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP FOR THE TOWN OF
VAIL IN ACCORDANCE WITH 1 ITLE 12, ZONING REGULATIONS, CHAPTER 5,
ZONING MAP; REZONING THE "VAIL GOLF COURSE CLUBHOUSE
SUBDIVISION" FROM OUTDOOR RECREATION (OR) DISTRICT TO GENERAL
USE (GU) DISTRICT.
WHEREAS, the Town Council finds that this zoning designation is compatible
with and suitable to adjacent uses, is consistent with the Town's Land Use Plan and
Zoning Regulations, and is appropriate for the area; and
WHEREAS, Tire Planning and Environmental Commission of the Town of Vail
has recommended approval of this zoning map amendment at its September 25th,
2000, meeting and has submitted its recommendation to the Town Council; and
WHEREAS, the Town Council considers it in the interest of the public health,
safety, and welfare to amend the official Town of Vail Official Zoning Map.
NOW, TI IEREFORE, BE IT ORDAINED BY Ti IE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. The Town Council finds based upon the facts presented in the hearings
for the conditional use of the seasonal structure and the facts presented in the hearings
for rezoning of the "Vail Golf Course Clubhouse Subdivision" from Outdoor Recreation
District to General Use District THAT the General Use District is compatible with and
suitable to the existing land use on the site and adjacent land uses, is consistent with
the Town's Land Use Plan and Zoning Regulations, and appropriate for the area.
Section 2. The Official Zoning Map of the Town of Vail is hereby amended as follows:
The "Vail Golf Course Clubhouse Subdivision," a parcel of land described as:
That part of Section 9, Township 5 South, Range 80 West of the 6111 Principal Meridian,
Town of Vail, Eagle County, Colorado, described as follows:
Beginning at the most northerly corner of Lot 3, Sunburst Filing No. 3, according to the
final plat for Sunburst Filing No. 3, recorded in Book 263 at Page 429, in the office of the
Eagle County, Colorado, Cleik and Recorder, said point also being on the northerly
right-of-way line of Sunburst Drive, as shown on said final plat; thence the following two
courses along said norther ly right-of-way line: (1) 119.32 feet along the arc of a curve to
the left, having a radius of 135.00 feet, a central angle of 50°38'21" and a chord that
bears N72°59'22"W 115.47 feet; (2) S81141'30"W 187.43; thence, departing said
northerly right-of-way line, N08°18'30"W 266.90 feet; thence N79°28'56"E 939.41 feet;
thence S11°28'38"E 91.78 feet; thence S40('01'1 9"W 490.77 feet; thence S77°00'32"W
165.16 feet to the northerly line of said Lot 3; thence, along said northerly line of Lot 3,
148.02 feet along the arc of a curve to the left, having a radius of 189.10 feet, a central
angle of 44°50'53" and a chord that bears N65°08'56"W 144.27 feet to the point of
beginning, containing 6.47 acres, more or less,
shall be rezoned to General Use (GU) District, in accordance with the attached map
exhibit.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 3. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail
k and the inhabitants thereof.
Section 4. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation
that occurred prior to the effective date hereof, any prosecution commenced, nor any
other action or proceeding as commenced under or by virtue of the provision amended.
The amendment of any provision hereby shall not revive any provision or any ordinance
previously repealed or superseded unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this third day of October, 2000 and
a public hearing for second reading of this Ordinance set for the 7th day of November,
2000, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Ludwig Kurz, Mayor
Attest:
S E A L -
C'C'
Lo'(ei gona-ld son, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this
7th day of November, 2000.
Ludwig Kurz, Mayor X..
Attest:
- E1AL
~-'Lore)ei Donaldson, Town Clerk
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MEMORANDUM
TO: Vail Town Council
FROM: Allison Ochs, Department of Community Development
DATE: April 3, 2001
SUBJECT: Ordinance No. 5, Series of 2001 (Housekeeping Ordinance)
Ordinance No, 5, Series of 2001, was originally brought before the Town Council on
March 20, 2001. The purpose of Ordinance No. 5 is to correct errors in the code, clarify
unclear sections of the code, correct inconsistencies between various sections of the
code, and generally, to improve the development review process for the public,
applicants, and staff. The changes proposed do not result in any changes to
current policy.
On March 20th, the Council directed staff to remove the language regarding the 425
credit. Staff will return to the Town Council with a discussion on GRFA and the 425
credit at a later date. Modifications to the density (GRFA) section require additional
notification and Planning and Environmental Commission review. The Town Council
expressed concerns regarding the 5% site coverage bonus in conjunction with Type I
EHUs on lots under 14,000 sq. ft. with slopes in excess of 30%. This provision has been
left in Ordinance No. 5, but should additional concerns arise, can be eliminated prior to
second reading.
An example of this situation is provided below:
Primary/Secondary Lot (no Type I EHU) Primary/Secondary Lot with Type I EHU
Lot Size: 12,000 sq. ft. Lot Size: 12,000 sq. ft.
Hazards: slopes in excess of 30% Hazards: slopes in excess of 30%
Zoning: Primary/Secondary Residential Zoning: Primary/Secondary Residential
Standard Allowed Standard Allowed
GRFA 3425 sq. ft. GRFA 4350 sq. ft.
Primary 3425 sq. ft. Primary 3425 sq. ft.
Secondary No 2nd -ary unit allowed EHU 925 sq. ft.
Site Coverage 1800 sq. ft. (15%) Site Coverage 2400 sq. ft. (20%)
On a P/S lot under 14,000 sq. ft., only one non-deed restricted unit is allowed. When a
Type I EHU is proposed, the lot receives an additional 425 credit and a credit of 500 sq.
ft. All of the additional GRFA received in conjunction with a Type I EHU must be used in
the EHU, i.e. none of the credits can be transferred to the primary unit and the credits
are based on the GRFA actually constructed. The 5% site coverage bonus is intended
to encourage Type I EHUs on small lots. On P/S lots under 14,000 sq. ft. with steep
slopes, it is difficult to construct 2 units, and provide the enclosed parking that is required
on steep slopes, without the 5% site coverage bonus. Again, this is not a change in
policy. However, the EHU regulations and the Hazard regulations currently conflict on
this matter. Staff believes that it is necessary to correct this conflict to provide
consistency and clarity in the regulations.
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development
DATE: February 12, 2001
SUBJECT: A request for a recommendation to the Town Council for text amendments to the
Town Code.
Applicant: Town of Vail
Planner: Allison Ochs
1. DESCRIPTION OF THE REQUEST
Through the review process of various zoning applications, problems arise with specific code
sections that are not clear to either applicants or staff. This often occurs with zoning code
amendments, changes in procedures, or errors in codification. Therefore, staff periodically
returns to the Planning and Environmental Commission and to the Town Council to "clean-
up" the Zoning, Subdivision, and Sign Codes. These amendments are not to amend the
substantive content of the code, but to "clean-up" errors and clarify sections of the
code. None of the proposed amendments result in a change of policy. The
amendments to the Town Code included in this memorandum are described briefly below:
• Amendments to the Employee Housing Chapter
• Amendments to all residential zone districts regarding the 425 credit
• Amending the Hazard Regulations
• Amending the "250 Ordinance"
• Amending the Nonconforming Chapter
• Amending the definition of Seasonal Use or Structure
• Amending the definition of Recreation Structure.
• Adding a definition of "owner"
• Amending the definition of "Major Subdivision"
• Amending Section 8-3-1 to eliminate the Department of Community
Development's role in the issuance of a right-of-way permit.
• Amending the PA Zone District.
i _ TOWN OF PAIL'
More detailed descriptions and the reasoning behind each are described in Section IV of this
memorandum.
11. ROLES OF THE REVIEWING BOARDS
Plannina and Environmental Commission:
Action: The PEC is advisory to the Town Council.
The PEC shall review the proposal for and make a recommendation to the Town Council on
the compatibility of the proposed text changes for consistency with the Vail Comprehensive
Plans and impact on the general welfare of the community.
Staff:
The staff is responsible for ensuring that all submittal requirements are provided. The staff
advises the applicant as to compliance with the Zoning and Subdivision Regulations.
Staff provides analyses and recommendations to the PEC and Town Council on any text
proposal.
Town Council:
Action: The Town Council is responsible for final approval/denial on code amendments.
The Town Council shall review and approve the proposal based on the compatibility of the
proposed text changes for consistency with the Vail Comprehensive Plans and impact on
the general welfare of the community.
Desian Review Board:
Action: The DRB has NO review authority on code amendments.
ltl, RECOMMENDATION
The Community Development Department recommends that the Planning and
Environmental Commission forward a recommendation of approval of the proposed
amendments to the Town Code to the Vail Town Council, subject to the following findings:
1. That the proposed amendments are consistent with the development objectives of the
Town of Vail.
2. That the proposal is consistent and compatible with existing and potential uses within
Vail and generally in keeping with the character of the Town of Vail.
3. That the proposed amendments are necessary to ensure the health, safety and welfare
of the citizens of Vail.
4. That the proposed amendments do not alter the intent, purpose, or policy of the current
Town of Vail regulations.
-2-
5, That the proposed amendments will make the Town's development review process less
problematic and more "user friendly."
IV. DESCRIPTIONS OF AMENDMENTS
(Text which is to be deleted will be strieke . Text which is to be added will be underlined.)
A. Amendments to the Employee Housing Chapter
1. When the changes to this section of the code were done in April of 2000, a
statement was omitted which identified that Type II EHUs are only allowed
on lots which meet the minimum lot size requirements of the Single-Family
Residential, Two-Family Residential, and Primary/Secondary Zone Districts.
Section 12-13-4 Requirements by Employee Housing Unit (EHU) Type shall
be amended as follows:
12-13-4: Requirements by Employee Housing Unit (EHU) Type
EHU Zoning districts permitted by right or conditional use
Type 11 Conditional Use: Single-Family Residential, Two-Family
Residential, Primary/Secondary Residential Zone districts
meeting minimum lot size requirements; Agricultural and
Open Space
2. In addition, an error was made by the codifiers in which "site coverage" was
identified as "side coverage". Section 12-13-4 Requirements by Employee
Housing Unit (EHU) Type shall be amended as follows:
12-13-4: Requirements by Employee Housing Unit (EHU) Type
EHU Additional Site Coverage/Reduced Landscape Area
Type I fide Site Coverage: The site is entitled to an additional 5%
of site coverage for EHU.
Landscaped Area: The site is entitled to a reduction of
landscape area by 5% (reduced to 55% of site area) for
EHU.
B. Amendments to all residential zone districts regarding the 425 credit
When Ordinance No. 37, Series of 1990 was approved the mechanical, stair, and
storage credits for GRFA were eliminated and an additional 425 sq. ft. credit was
granted for each allowable unit on a lot. This credit was intended to consolidate all
of the credits into a lump sum. The intention of this modification was to simplify
-3-
GRFA calculations. However, as time passed, the original intent of the 425 sq. ft.
was lost and now it is viewed as additional GRFA. As a result, applicants continue
to locate mechanical equipment in spaces that do not count as GRFA (less than 5
ft. in head height with openings less that 12 sq. ft.) in order to maximize their usable
space. This creates difficulties with inspections, problems with general maintenance
and upkeep, and safety hazards. Staff is amending the text of all residential districts
with the 425 credit (HR, SFR, R, P/S) to read:
In addition to the above, four hundred twenty five (425) square feet of gross
residential floor area (GRFA) shall be permitted as a credit for each allowable
dwelling unit. The purpose of this credit is to allow for additional GRFA for
circulation and mechanical equipment.
C. Amending the Hazard Regulations
Section 12-21-14: Restrictions in Specific Zones on Excessive Slopes, requires
additional restrictions on development on lots in Hillside Residential, Single-Family
Residential, Two-Family Residential, and Two-Family Primary/Secondary Residential
Zone Districts where the slopes exceed 30%. However, the section which refers to
site coverage limitations, does not refer by code section to Primary/Secondary zoned
lots.
In addition, with the proposed changes to the EHU regulations, a statement must be
added to the Section 12-21-14 Restrictions in Specific Zones on Excessive Slopes.
Section 12-21-14E reduces site coverage to 15% of the site on lots with slopes in
excess of 30% and in certain residential zone districts. Lots zoned
Primary/Secondary Residential, with lot sizes less that 15,000 sq. ft., with a Type I
EHU, are entitled to a 5% site coverage bonus. This must be clarified in the Hazard
Regulations. The text shall be amended as follows:
12-21-14E. Site coverage as it pertains to this Chapter, as permitted by
Sections 12-6A-9, 12-6B-9, and 12-6C-9, and 12-6D-9 of this Title, is
amended as follows:
1. Not more than fifteen percent (15%) of the site area may be covered
by buildings, except in coniunction with a Tvoe I Emolovee Housing
Unit in accordance with Chaoter 13 of this title, in which case not
more that twenty percent (20%) of the site area may be covered by
buildinas; and
2. Not more than ten percent (10%) of the total site area may be
covered by driveways and surface parking.
D. Amending the "250 Ordinance"
1. In 1998, when changes were made to Section 12-15-5: Additional Gross
Residential Floor Area (250 Ordinance) the notice requirements were meant
to be deleted. The text shall be amended as follows:
4-2-15 5S 3. ,
r we4inn i initn nn the s+ z
ryr qnv avto rnnl ager-ations to an ex-is
-4-
113
2. In addition, when changes were made to Section 12-15-5: Additional Gross
Residential Floor Area (250 Ordinance) the requirement that 100% of the
owners of a multiple family structure use all of the additional GRFA
provisions was meant to be deleted. The text shall be amended as follows:
12-15-5C-7 Applicability: The provisions of this Section are
applicable only to GRFA additions to individual dwelling units. No
pooling of GRFA shall be allowed in multi-family dwellings. No
application for additional GRFA shall request more than two hundred
fifty (250) square feet of gross residential floor area per dwelling unit
nor shall any application be made for additional GRFA until such time
as all the allowable GRFA has been constructed on the property. -The
t9448, aEJttttiepai- l RFA r-ew.Sin $ ic+ permitted e4y when nne
hu ndred nernent ( O/) 3,f in the Stly
~ ant, ire are aloe
-the macro ewpero - in the
pFepes43g to ugWze their 1 cs ?ve4-.When exterior
additions are proposed to a multi-family structure, the addition of the
GRFA shall be designed and developed in context of the entire
structure.
3. A staff interpretation was done in June of 2000, clarifying the ability of
structures which do not conform to density with regards to "dwelling units per
acre" but have remaining "allowable GRFA" to be eligible for the "250
ordinance". According to 12-18-513: Density Control:
Structures which do not conform to density controls may be enlarged,
only if the total gross residential floor area of the enlarged structure
does not exceed the total gross residential floor area of the
preexisting nonconforming structure.
The Zoning Code considers density as both dwelling units per acre and
gross residential floor area.
The "250 Ordinance" states
Applicability:... No application for additional GRFA shall request more
than 250 sq. ft. of gross residential floor area per dwelling unit nor
shall any application be made for additional GRFA until such time as
all the allowable GRFA has been constructed on the property.
Many lots within the Town are nonconforming with regards to "dwelling units
per acre" but have remaining "allowable GRFA". According to the
Nonconforming Chapter, these dwelling units are unable to add any GRFA.
As an example:
Lot Size: 11,000
Zoning: Primary/Secondary
Date of C.O.: 1978
5-
Existing Use: Duplex Residence
Existing GRFA: 3000 sq. ft.
Primary: 2000 sq. ft.
Secondary: 1000 sq. ft.
GRFA Allowable: 3175 sq. ft.
Because this lot is less than 14,000 sq. ft. and has an existing duplex, it is
considered non-conforming with regards to density. However, even though
175 sq. ft. of GRFA remains available, because of the non-conforming
chapter, the duplex cannot add the 175 sq. ft. of GRFA. The staff
interpretation that was done in June of 2000, allows each unit of the duplex
to add 250 sq. ft. through the "250 Ordinance". As staff interpretations are
codified when necessary, the text shall be amended as follows:
12-15-5-B-10 Nonconformina structures and site imorovements:
Structures which do not conform to density controls shall be elioible
for additional GRFA pursuant to this section.
12-15-5-C-10 Nonconformino structures and site imorovements:
Structures which do not conform to density controls shall be elioible
for additional GRFA pursuant to this section.
E. Amending the Nonconforming Chapter
A grammatical error was identified in Section 12-18-4: Uses of the Nonconforming
Sites, Uses, Structures and Site Improvements Chapter. The text shall be amended
as follows:
12-18-4: Uses: The use of a site or structure lawfully established prior to the
effective date hereof which does not conform to the use regulations
prescribed by this Title for the district in which it is situated may be continued,
provided that no such nonconforming use shall be enlarged to occupy a
greater site area €er or building floor area than it occupied on the effective
date hereof. Any subsequent reduction in site area or floor area occupied by
a nonconforming use shall be deemed a new limitation, and the use shall not
thereafter be enlarged to occupy a greater site area or floor area than such
new limitation.
F. Amending the definition of Seasonal Use or Structure
A recent application for a seasonal use or structure was interpreted as that it was not
subject to design review. Staff believes that this is due to an oversight in the
definition of seasonal use or structure. The definition shall be amended as follows:
SEASONAL USE OR STRUCTURE: A temporary covering erected over a
recreational amenity, such as a swimming pool or tennis court, for the
purpose of expanding their use into the cold weather months. Such seasonal
covers may not be in place for more than seven (7) consecutive months of
any twelve (12) month period. For the purposes of this Title, a seasonal use
or structure shall not constitute site coverage and shall not be subject to
building bulk control standards. Any seasonal use or structure shall require
-6-
a conditional use permit in accord with Chapter 16 of this Title and is subiect
to desion review.
G. Amending the definition of Recreation Structure.
In addition to the above changes to the definition of Seasonal Use or Structure
above, changes are proposed for the definition of Recreation Structure. The
definition shall be amended as follows:
RECREATION STRUCTURE: Any detached (i. e. not connected to anv main
structure or structures) covering erected over a recreational amenity, such
as a swimming pool or tennis court, which is not a seasonal structure. For the
purposes of this Title, recreation structures shall constitute site coverage but
shall not be subject to building bulk control standards. Any recreation
structure shall require a conditional use permit in accord with Chapter 16 of
this Title and is subiect to desion review.
H. Adding a definition of "owner"
Recent changes to Community Development application procedures has brought
forth a need to establish a definition of the word "owner". The definition of owner
shall be added as follows:
OWNER: Any person, agent, firm, corporation, or partnership that alone,
jointly, or severally with others: has legal or equitable title to any premises,
dwelling or dwelling unit, with or without accompanying actual possession
thereof; or has charge, care or control of any premises, dwelling or dwelling
unit, as agent of the owner or as executor, administrator, trustee, or guardian
of the estate of the beneficial owner. The person shown on the records of
the recorder of deeds of the county to be the owner of a particular property
shall be presumed to be the person in control of that property.
1. Amending the definition of "Major Subdivision"
A grammatical error was identified in Section 13-2-2: Definitions in the definition of
Subdivision, D. Major Subdivision, with the omitting of "or". The text shall be
amended as follows:
SUBDIVISION:
D. Major Subdivision: "Major subdivision" means any subdivision involving more
than four (4) lots, or a subdivision proposal without all lots having frontage on
a public, or approved street, or,with a request to extend Municipal facilities
in a significant manner, or a proposal which would negatively affect the
natural environment as determined under Section 12-12-2, "Applicability"; or
if the proposal would adversely affect the development of the remainder of
the parcel or the adjacent property.
J. Amending Section 8-3-1 to eliminate the Department of Community
Development's role in the issuance of a right-of-way permit.
-7-
The Department of Public Works has taken over responsibility for issuing right-of-
way permits. The text shall be amended as follows:
8-3-1: PERMIT REQUIRED; FEE:
A. Encroachments Identified: No person shall erect or maintain any building,
structure, stand, cart, fence, barrier, post, hedge or other obstruction or
encroachment under or upon any street, alley, sidewalk or other public
property without first obtaining a permit from the Department of-Seny
n°~cvc' mew Public Works under this Section.
B. Procedure: An applicant for a right-of-way permit shall:
1. File a written application on forms furnished by the Department of
Gemmupityigevelepmew Public Works that include the following: the
date, the name of the applicant, the location of the proposed
encroachment or obstruction, the type of encroachment or obstruction,
and such other information as the Department of Community
Devel eRt Public Works may deem necessary.
C. Criteria For Granting: Before issuing a right-of-way permit under this Section,
the Department of Qqmmunio, Development Public Works shall consult with
relevant Town departments which may include the Fire, Police;-P-44blis-Wex
Depa t''' epts Community Develoament departments and all public utilities
to determine whether the permit meets all the requirements of this Code and
other ordinances of the Town. The Department of Community Developmept
Public Works shall issue each permit upon a finding that in view of the
location or area proposed to be used and the type of encroachment or
obstruction proposed to be carried on, the proposed encroachment or
obstruction does not constitute a traffic hazard or destroy or impair the use
of the right of way or land by the public or serves a purpose that cannot
otherwise be accomplished and is a temporary obstruction of the right of
way.
K. Amending the PA Zone District
When Ordinance No. 23, Series of 1999, was adopted, amending the Public
Accommodation Zone District, an error in the reference to the Conditional Use
chapter was made. The text shall be amended as follows:
12-7A-3: Conditional Uses
Fraction fee club units as further regulated by Section 42-16-&°T 12-16-7A8
-s-
ORDINANCE NO. 5
SERIES OF 2001
AN ORDINANCE AMENDING THE TOWN CODE, TITLE 12, CHAPTER 13, TO ALLOW FOR
CORRECTIONS TO THE EMPLOYEE HOUSING REGULATIONS; CHAPTER 21, TO ALLOW
FOR CORRECTIONS TO THE HAZARD REGULATIONS; CHAPTER 15, TO ALLOW FOR
CORRECTIONS TO THE GROSS RESIDENTIAL FLOOR AREA REGULATIONS; CHAPTER
2, TO ALLOW FOR CORRECTIONS TO THE DEFINITION CHAPTER AND FOR THE
ADDITION OF A DEFINITION OF "OWNER"; CHAPTER 7, TO ALLOW FOR
CLARIFICATION TO THE PA ZONE DISTRICT; AND TITLE 13, CHAPTER 2, TO ALLOW
FOR CLARIFICATION TO THE DEFINITION OF "SUBDIVISION"; AND TITLE 8, CHAPTER
3, TO ALLOW FOR CLARIFICATION OF THE DEPARTMENT OF PUBLIC WORKS ROLE IN
THE ISSUANCE OF RIGHT-OF-WAY PERMITS AND SETTING FORTH DETAILS IN
REGARD THERETO.
WHEREAS, the Planning and Environmental Commission of the Town of Vail has held
public hearings on the proposed amendments in accordance with the provisions of the. Town
Code of the Town of Vail; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail has
recommended approval of these amendments at its February 13, 2001, meeting, and has
submitted its recommendation to the Vail Town Council; and
WHEREAS, the Planning and Environmental Commission finds that the proposed
amendments further the development objectives of the Town of Vail; and
WHEREAS, the Planning and Environmental Commission finds that the proposed
amendments do not alter the intent, purpose, or policy of the current regulations of the Town of
Vail; and
WHEREAS, the Planning and Environmental Commission finds that the proposed
amendments will make the Town's development review process less problematic and more
"user friendly"; and
WHEREAS, the Vail Town Council considers it in the interest of the public health, safety,
and welfare to adopt these amendments to the Town Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. The purpose of this ordinance is to amend the Town Code to clarify
certain unclear sections, codify certain staff interpretations, and correct errors identified within
the Town Code.
(Text that is to be deleted is str-iGken. Text that is to be added is underlined.)
Section 2. Section 12-13-4 is hereby amended as follows:
I
12-13-4: Requirements by Employee Housing Unit (EHU) Type
EHU Zoning districts permitted by right or conditional use
Type II Conditional Use: Single-Family Residential, Two-Family
Residential, Primary/Secondary Residential Zone districts
meetina minimum lot size reauirements: Agricultural and Open
Space
EHU Additional Site Coverage/Reduced Landscape Area
Type I Side Site Coverage: The site is entitled to an additional 5% of
site coverage for EHU.
Landscaped Area: The site is entitled to a reduction of
landscape area by 5% (reduced to 55% of site area) for EHU.
Section 3. Section 12-21-14 is hereby amended as follows:
12-21-14E. Site coverage as it pertains to this Chapter, as permitted by
Sections 12-6A-9, 12-613-9, aed 12-6C-9, and 12-6D-9 of this Title,
is amended as follows:
1. Not more than fifteen percent (15%) of the site area may
be covered by buildings, except in coniunction with a Tvoe
I Emglovee Housina Unit in accordance with Chapter 13 of
this title. in which case not more that twenty percent (20%)
of the site area may be covered by buildinas: and
2. Not more than ten percent (10%) of the total site area may
be covered by driveways and surface parking.
Section 4. Section 12-15-5 shall be amended as follows:
12 15 59 2. N91ifisat+3n: crc a.
en- #a s-ama-lct c"al."-be -neti ied -ef-aR application -t ndcr this S9sti3n that
+nvelve3 aqy external al±9FatierGte an Q_*jetir.
shall 193 a3 9Wined-in Sub%4an 12 3 6S ei thi3 Titla
12-15-5C-7 Applicability: The provisions of this Section are applicable only to
GRFA additions to individual dwelling units. No pooling of GRFA shall be allowed
in multi-family dwellings. No application for additional GRFA shall request more
than two hundred fifty (250) square feet of gross residential floor area per
dwelling unit nor shall any application be made for additional GRFA until such
time as all the allowable GRFA has been constructed on the property. The use e
add+tienat•-G A,*\ by iRdividual g urge 9 Fna; c, pp:su:9t tc tha addit' al
(1009%) of the
ewncrc in the ctr3sttfe ~r3 clc 3ncl ^RFA as
well. When exterior additions are proposed to a multi-family structure, the
addition of the GRFA shall be designed and developed in context of the entire
structure.
12-15-5-B-10 Nonconforming structures and site improvements: Structures
which do not conform to density controls shall be eligible for additional GRFA
pursuant to this section.
12-15-5-C-10 Nonconformina structures and site imorovements: Structures
which do not conform to densitv controls shall be eliaible for additional GRFA
pursuant to this section.
Section 5. Section 12-18-4 is hereby amended as follows:
12-18-4: Uses: The use of a site or structure lawfully established prior to the
effective date hereof which does not conform to the use regulations prescribed
-2-
by this Title for the district in which it is situated may be continued, provided that
no such nonconforming use shall be enlarged to occupy a greater site area fer or
building floor area than it occupied on the effective date hereof. Any subsequent
reduction in site area or floor area occupied by a nonconforming use shall be
deemed a new limitation, and the use shall not thereafter be enlarged to occupy
a greater site area or floor area than such new limitation.
Section 6. Section 12-2-2 is hereby amended as follows:
OWNER: Anv person. aoent. firm, corooration. or oartnershio that alone. iointly,
or severallv with others: has leaal or eauitable title to anv premises. dwellina or
dwellina unit. with or without accomoanvina actual possession thereof: or has
charae, care or control of anv premises. dwellina or dwellina unit, as aaent of the
owner or as executor, administrator, trustee. or guardian of the estate of the
beneficial owner. 'The oerson shown on the records of the recorder of deeds of
the county to be the owner of a particular orooerty shall be presumed to be the
person in control of that orooerty.
RECREATION STRUCTURE: Any detached (i.e. not connected to anv main
structure or structures) covering erected over a recreational amenity, such as a
swimming pool or tennis court, which is not a seasonal structure. For the
purposes of this Title, recreation structures shall constitute site coverage but
shall not be subject to building bulk control standards. Any recreation structure
shall require a conditional use permit in accord with Chapter 16 of this Title and is
subiect to desian review.
SEASONAL USE OR STRUCTURE: A temporary covering erected over a
recreational amenity, such as a swimming pool or tennis court, for the purpose of
expanding their use into the cold weather months. Such seasonal covers may not
be in place for more than seven (7) consecutive months of any twelve (12) month
period. For the purposes of this Title, a seasonal use or structure shall not
constitute site coverage and shall not be subject to building bulk control
standards. Any seasonal use or structure shall require a conditional use permit in
accord with Chapter 16 of this Title and is subiect to desian review.
Section 7. Section 13-2-2 is hereby amended as follows:
SUBDIVISION:
D. Major Subdivision: "Major subdivision" means any subdivision involving
more than four (4) lots, or a subdivision proposal without all lots having
frontage on a public, or approved street, or with a request to extend
Municipal facilities in a significant manner, or a proposal which would
negatively affect the natural environment as determined under Section
12-12-2, "Applicability", or if the proposal would adversely affect the
development of the remainder of the parcel or the adjacent property.
Section 8. Section 8-3-1 is hereby amended as follows:
8-3-1: PERMIT REQUIRED; FEE:
A. Encroachments Identified: No person shall erect or maintain any building,
structure, stand, cart, fence, barrier, post, hedge or other obstruction or
encroachment under or upon any street, alley, sidewalk or other public
property without first obtaining a permit from the Department of
Gemm Public Works under this Section.
B. Procedure: An applicant for a right-of-way permit shall:
1. File a written application on forms furnished by the Department of
Community Developm--W Public Works that include the following: the
date, the name of the applicant, the location of the proposed
encroachment or obstruction, the type of encroachment or
obstruction, and such other information as the Department of
Public Works may deem necessary.
C. Criteria For Granting: Before issuing a right-of-way permit under this
Section, the Department of Public Works shall
-3-
consult with relevant Town departments which may include the Fire,
Police, Pub 4c kVGrks, 9epa ents, Communitv Development
departments and all public utilities to determine whether the permit meets
all the requirements of this Code and other ordinances of the Town. The
Department of 03mr: y-Develcpme Public Works shall issue each
permit upon a finding that in view of the location or area proposed to be
used and the type of encroachment or obstruction proposed to be carried
on, the proposed encroachment or obstruction does not constitute a traffic
hazard or destroy or impair the use of the right of way or land by the
public or serves a purpose that cannot otherwise be accomplished and is
a temporary obstruction of the right of way.
Section 9. Section 12-7A-3 is hereby amended as follows:
12-7A-3: Conditional Uses
Fraction fee club units as further regulated by Section 12 4 6 6A7 12-16-7A8
Section 10. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof,
regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or
phrases be declared invalid.
Section 11. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the
inhabitants thereof.
Section 12. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other action or
proceeding as commenced under or by virtue of the provision amended. The amendment of
any provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 13. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall
not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 3rd day of April, 2001 and a public
-4-
r v
hearing for second reading of this Ordinance set for the 17th day of April, 2001, in the Council
Chambers of the Vail Municipal Building, Vail, Colorado.
Ludwig Kurz, Mayor
Attest:
Lorelei Donaldson, Town Clerk
-5-
ORDINANCE NO. 7
SERIES OF 2001
AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS AND BUDGET
ADJUSTMENTS FROM THE TOWN OF VAIL HEAVY EQUIPMENT FUND, REAL ESTATE
TRANSFER TAX FUND, GENERAL FUND, CAPITAL PROJECTS FUND, OF THE 2001
BUDGET AND THE FINANCIAL PLAN FOR THE TOWN OF VAIL, COLORADO; AND
AUTHORIZING THE EXPENDITURES OF SAID APPROPRIATIONS AS SET FORTH
HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, contingencies have arisen during the fiscal year 2001 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
28, Series of 2000, adopting the 2001 Budget and Financial Plan for the Town of Vail, Colorado;
and,
WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are
available to discharge the appropriations referred to herein, not otherwise reflected in the Budget,
in accordance with Section 9.10(a) of the Charter of the Town of Vail; and,
WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make
certain supplemental appropriations and budget adjustments as set forth herein.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO that:
1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town
Council hereby makes the following supplemental appropriations and budget adjustments for the
2001 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the expenditure of
said appropriations as follows:
FUND AMOUNT
General Fund $ 99,841
Capital Projects Fund 1,874,754
Heavy Equipment Fund 89,603
Real Estate Transfer Tax Fund 828,756
Total $2,892,954
2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portions of this
ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part,
section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more
parts, sections, subsections, sentences, clauses or phrases be declared invalid.
3. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code of
the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceedings as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith
are repealed to the extend only of such inconsistency. This repealer shall not be construed to revise
any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL
ON FIRST READING this 20th day of March, 2001, and a public hearing shall be held on this
Ordinance on the 3rd day of April, 2001, at 7:00 p.m. in the Council Chambers of the Vail Municipal
Building, Vail, Colorado.
Ludwig Kurz, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Town of Vail
First Proposed 2001 Supplemental Appropriation
Project Rollforward 2001 Add. Rev. 2001 Project
Description Amount Project Needed Project Details
Budget Budget
Capital Projects Fund
Bus Ramp/Wheelchair $50,869 $50,869 Finish grant
Snow Plow $49,297 $49,297
3rd Sheet of Ice $89,557 $150,000 $239,557 Finish Project
Bus Shelter Replace $6,000 $20,000 $26,000 Use extra $6,000 to replace worn plexiglass
Replace Vail Run bus shelter
Street Furniture $3,364 $15,000 $1,636 $20,000 (4) newspaper cabinets & (10) new benches
Parking Structure Maintenance $97,547 $405,000 $502,547 Expansion Joint Replacement $80,000
Concrete Repairs (both) $55,000
Entry Snowmelt & ramps $180,000
Fire alarm replacement $75,000
Added lighting, painting & cleaning $75,000
Transit office & kitchenette $25,000
Elevator safety improvements $10,000
Facility Capital $0 $142,000 $25,000 $167,000 To complete various projects
ADA Compliance $20,000 $10,000 $30,000 Sidewalk improvements
Library rear ADA exit
Corn Dev's men's restroom
rollforward2001 1 3/28/2001
Town of Vail
First Proposed 2001 Supplemental Appropriation
Project Rollforward 2001 Add. Rev. 2001 Project
Description Amount Project Needed Project Details
Budget Budget
Capital Projects Fund
Wayfinding Improvments $509,669 $50,000 $559,669
West Meadow Dr. $90,750 $500,000 $590,750 Swiss House to Dobson/Library - drainage,
street reconstruction, art, & streetscape
Vail Valley Drive $39,396 $75,000 $114,396 Vail Valley Dr. design - construction documents
to Soccer field
Lupine Dr. $39,459 $39,459 Finish Lupine project
Document Imaging Equipment $117,720 $117,720 Complete project in 2001
Vail Rd./Westhaven $94,417 $94,417 Reconstruct Westhaven Drive from S. Frontage
Loading & Delivery $9,186 $9,186
Parking Study $11,238 $11,238 To finish study
Ford Park Trash Enclosure $48,500 $48,500 Move project up, Remove 2002 budget of $105,000
Vail Center Financing $58,456 $58,456 Finish Contract with White River Institute
rollforward2001 2 3/28/2001
Town of Vail
First Proposed 2001 Supplemental Appropriation
Project Rollforward 2001 Add. Rev. 2001 Project
Description Amount Project Needed Project Details
Budget Budget
Capital Projects Fund
Capital Outlay Software $24,963 $24,963 Finish Contract with Accela
Com. Implement Com. Dev. Software
North Trail Town Homes $400,000 -$192,270 $207,730 More was completed in 2000 than anticipated
Mountain Bell Housing - Design $15,000 $15,000 Public process & next steps
Bus Improvements $250,000 $250,000 Smart bus technology
Vail Center Design $235,000 $235,000 Begin design of Vail Center
Muni Building $30,000 $30,000 Study to consolidate use, of
Muni Building site
Sub-Total $1,311,888 $562,866
Total Appropriation CFP Fund $1,874,754
rollforward2001 3 3/28/2001
Town of Vail
First Proposed 2001 Supplemental Appropriation
Project Rollforward 2001 Add. Rev. 2001 Project
Description Amount Project Needed Project Details
Budget Budget
Real Estate Transfer Tax Fund
Nature Center Bridge $218,015 $0 $0 $218,015 Replacement of bridge & reconstruct of approach
Repairs walks
Ford Park Playground $23,514 $0 $0 $23,514 Use rollforward to complete minor FP Playground
Improvement projects listed below:
restripe basketball court
add another deck on structure for safety reasons
replace pavers in front of restroom
possibly add water play feature
add several "play panels" to structures
Pine Beetle Control $40,000 $2,500 $42,500 Complete 2000 contract & identify new areas
Ellefson Park $176,389 $0 $0 $176,389 Complete park in 2001
Buffehr Creek Park $1,354 $0 $0 $1,354 Complete park in 2001
Donovan Park-Lower Bench $147,078 $10,000,000 $0 $10,147,078 Construct community facility/portion of park
Whitewater Park $50,000 $0 $0 $50,000 Complete landscaping, irrigation, railings,
Irrigation Control $46,505 $0 $0 $46,505 Install flow meters to feedback data to control
system. T&M contract will include basic
performance specs and prioritized sites
rollforward2001 4 3/28/2001
Town of Vail
First Proposed 2001 Supplemental Appropriation
Project Rollforward 2001 Add. Rev, 2001 Project
Description Amount Project Needed Project Details
Budget Budget
Real Estate Transfer Tax Fund
Stephen's Park Improvement $46,401 $0 $0 $46,401 Bioengineering of streambank upstream from
pedestrian bridge
Trailhead Signs Development $5,000 $85,000 $0 $90,000 Trail portion of wayfinding implementation
Trail Development-Pitkin Parking/Bighorn Parking/
Cortina-spaces off asphalt/Gore Crk & Deluge Lake
Katsos Ranch Bike Path Realignment $20,000 $0 $0 $20,000 Construct soft surface path
North Trail $5,000 $80,000 $0 $85,000 Completion of project
Rett Collection Costs $87,000 $87,000 This line item was left out of the total appropriation
Sub-Total $739,256 $89,500
Total Appropriation Rett Fund $828,7561
Heavy Equipment Fund
Equipment $31,743 Amkus power unit $5,410
Skid Steer $26,333
Repair and Maintenance $52,535 K&L Body Shop $52,535
Extraction Gear $5,325 Extraction Equipment Purchased for Fire Dept.
Sub-Total $89,603 $0
'Total Appropriation HEF Fund $89,6031
rollforward2001 5 3/28/2001
Town of Vail
First Proposed 2001 Supplemental Appropriation
Project Rollforward 2001 Add. Rev. 2001 Project
Description Amount Project Needed Project Details
Budget Budget
General Fund
Signs & Materials $10,000 Wayfinding improvements
Programs & Events $27,251 Braun Associates-master plan $25,000
Richard Hanson $5,000
AIPP brochure $2,500
Professional Fees $17,200 Various studies to include update shop plan
Contributions $5,190 To fund additional contributions by town council
Capital Outlay Office Furniture $2,400 Furniture for town clerks office
Professional Fees $4,000 Annual dues for carts
Building Repair & Maintenance $1,800 Create space for town council
Professional Fees $4,000 Preliminary design work on Red Sandstone
gymnastics add-on
Professional Fees $2,000 To fund lobbyist to fight Recreation Instream Flow
legislation
Equipment $6,000 Safety equipment from departmental savings
Equipment $15,000 G.P.S. Equipment for GIS from dept savings
Special Events $5,000 Funds for 3-on-3 soccer tournament
Sub-Total General Fund $75,451 $24,390
Total Appropriation General Fund $99,8411
Appropriation from Unspent 2000 Budgets $2,216,198
TOTAL APPROPRIATION $2,892,954
rollforward2001 6 3/28/2001
ve
t b-~ ORDINANCE NO. 7
v SERIES 01, 2001
AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS AND BUDGET
ADJUSTMENTS FROM THE TOWN OF VAIL HEAVY EQUIPMENT FUND, REAL ESTATE
TRANSFER TAX FUND, GENERAL FUND, CAPITAL. PROJECTS FUND, OF THE 2001
1311I)GFT AND TI IF FINANCIAL, PLAN 1,0R 'I'lll? TOWN OF VAIL, COLORADO; AND
AUTHORIZING THE, F,XPENDiTURFS OF SAID APPROPRIATLONS AS SET FORTH
HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO.
WILFRFAS, contingencies have arisen during the fiscal year 2001 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
28, Series ol'2000, adopting the 2001 Budget and Financial flan for the'lown ol'Vail, Collnado;
and,
WI IELZI?AS, the'lown Manager has certified to the'fown Council that sufficient funds are
available to discharge the appropriations referred to herehl , not otherwise reflected in the Budget,
in accordance with Section 9.10(a) of the Charter ol'the 'T'own of Vail; and,
Wl IFI:FAS, iu order to accomplish the foregoing, the Town Council finds that it should ,hake
certain supplenlcnlal appropriations and hud~ct adjustnlunis as set forth herein.
NOW, TIll;1ZL'I`URL', 13I? I'I' ORDAINED, BY Till; "TOWN COUNCIL OF THE TOWN
OIL VAII., COLORADO that:
I . Pursuant to Section 9.10(a) ol'the charter ofthe'fown of Vail, Colorado, the "Down
Cou1?cil hereby makes the ti?llowing supplemental appropriations and budget adJustments fir the
11 Itudget and Financial flan (for the't'own of Vail, Colorado, and M01101'1%,eS (Ile CXpC11d1(UVc, o(said appropriations ows:
FL)ND AMOUNT
General Fund $ 99,841
Capital Projects Fund +fJ' ,I1ff I'
heavy Lquipment l,und 89,603
Real Estalc'l'ransler'lax Fund 828,756
Zg 95 `~,o~
"ro1al 27-
2. If any part, section, subsection, sentence, clause or phrase of this ordinance is f'or any
reason held to he invalid, such decision shall not affect (lie valldi(y of the remaining portions oI this
ordinance; and the "Town Council hereby declares it would have passed this ordinance, and each part,
section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more
parts, sections, subsections, sentences, clauses or phrases he declared invalid.
7. Second reading of Ordinance #7, Series of 2001, a supplemental
Steve Thompson ordinance making supplemental appropriations and budget
adjustments from the Town of Vail Heavy Equipment Fund, Real
Estate Transfer Tax Fund, General Fund, Capital Projects Fund, of
the 2001 Budget and the Financial Plan for the town of Vail,
Colorado; and authorizing the expenditures of said appropriations
as set forth herein; and setting forth details in regard thereto.
(5 min.)
BACKGROUND RATIONALE: The second reading of the
supplemental appropriation has been increased by $191,306. This
increase in the supplemental is due to audit adjustments that
increase the rollforward amounts for three of the projects included.
The three projects were the third sheet of ice, parking structure
maintenance improvements, and the North Trail Townhomes
project.
The first supplemental appropriation is primarily needed to fund
projects that take more than one year to finish. The amount
budgeted in a prior year, but unspent, is what is referred to as the
rollforward amount. Out of the proposed $2.7 million in
supplemental appropriation, $2.1 million is funded by unspent
budgets from 2000 with the balance of the supplemental
appropriation at $602,571. The largest projects included in the
$602,751 requiring additional monies include: 3rd sheet of ice,
$150,000; smart bus technology, $250,000; Vail Center design,
$235,000. The enclosed schedule should help clarify the details of
the supplemental appropriation. The $87,000 for RETT collection
costs was on the schedule of RETT expenditures that the Town
Council approved for the 2001 budget, but the amount was
inadvertently excluded from the appropriation.
We ended the year 2000 with healthier fund balances than
anticipated by the following amounts: (Unaudited)
General Fund $1.3 Million
Capital Projects Fund $1.4 Million
RETT Fund $1 Million
Heavy Equip Fund $204,247
Based on the above amounts, there is adequate savings to fund
these supplemental appropriations. The Capital Projects Fund is
the only fund where the supplemental appropriation exceeds the
unanticipated prior year fund balance increase of $1.4 million.
7. Second reading of Ordinance #7, Series of 2001, a supplemental
Steve Thompson ordinance making supplemental appropriations and budget
adjustments from the Town of Vail Heavy Equipment Fund, Real
Estate Transfer Tax Fund, General Fund, Capital Projects Fund, of
the 2001 Budget and the Financial Plan for the town of Vail,
Colorado; and authorizing the expenditures of said appropriations
as set forth herein; and setting forth details in regard thereto.
(5 min.)
BACKGROUND RATIONALE: The second reading of the
*oV supplemental appropriation has been increased by $191,306. This
increase in the suonlepTntal is due to Ord adjustments that a
increase the rollforward for three of the projects included. The
three projects were the third sheet of ice, parking structure
maintenance improvements, and the North Trail Townhomes
project.
The first supplemental appropriation is primarily needed to fund
projects that take more than one year to finish. The amount
budgeted in a prior year, but unspent, is what is referred to as the
rollforward amount. Out of the proposed $2.7 million in
supplemental appropriation, $2.1 million is funded by unspent
budgets from 2000 with the balance of the supplemental
appropriation at $602,571. The largest projects included in the
$602,751 requiring additional monies include: 3rd sheet of ice,
$150,000; smart bus technology, $250,000; Vail Center design,
$235,000. The enclosed schedule should help clarify the details of
the supplemental appropriation. The $87,000 for RETT collection
costs was on the schedule of RETT expenditures that the Town
Council approved for the 2001 budget, but the amount was
inadvertently excluded from the appropriation.
We ended the year 2000 with healthier fund balances than
anticipated by the following amounts: (Unaudited)
General Fund $1.3 Million
Capital Projects Fund $1.4 Million
RETT Fund $1 Million
Heavy Equip Fund $204,247
Based on the above amounts, there is adequate savings to fund
these supplemental appropriations. The Capital Projects Fund is
the only fund where the supplemental appropriation exceeds the
unanticipated prior year fund balance increase of $1.4 million.
~9-
.
2001 COLORADO OPEN
Backaround
This September, over Labor Day weekend, the Vail Valley will host the 38th Annual First
Data Colorado Open Golf Tournament. The "Open" is a week long event and has
played host to some of the top young golfers throughout the United States, including the
likes of Fred Couples, Phil Mickelson, Corey Paven and Steve Elkington, prior to
making it "big" on the PGA Tour. This year's purse, at $180.000.00, will be the largest in
the event's history.
The week features a "million dollar hole in one" contest that will run for 7 days at the Vail
Golf Course, and also features two days of Pro-Am play at the Summit Course at
Cordillera, followed by the four rounds of the Colorado Open Championship, to be held
the Sonnenalp Golf Club. Additionally, the Vail Valley Foundation will also be partnering
with the Colorado Open, hosting a Friday evening concert during the event (nationally
recognized artist still to be named) at Ford Amphitheatre.
The Colorado Open has traditionally drawn crowds in excess of 5,000 daily during
tournament play. All proceeds raised from this event will go to the Colorado University
Cancer Center and the Harold and Mary Louis Shaw Regional Cancer Center.
Overiew Summarv
The Vail Valley Tourism and Convention Bureau requests $7500.00 from the town of
Vail's general fund, for purposes of marketing the "Vail components" of this event.
Specifically, theses funds would be used to further awareness about the "hole in one"
competition, as well as the Friday evening concert. Direct mail would also be utilized to
"invite" past spectators to Vail Lodges during the event. Lastly, there is currently
discussion about a potential golf "teach-a-thon" to be held at the Vail Golf Course during
the week of the Open. It is anticipated that funds would be directed towards this
endeavor, as well, should it become part of the Colorado Open programming.
'VA11L'V,N LEI~,_Y
TOURISM CONVENTION BUREAU ZV
COLORADO OPEN SUMMARY
The Colorado Open has evolved over 37 years into one of the premier state opens in
the country. With a purse of $180,000 The Open has become one of the most
respected and sough-after tournaments for professionals and amateurs from
Colorado and surrounding regions.
Why the First Data Colorado Open is important to Vail:
*A three year contract has been signed with The Sonnenalp Golf Club.
*Events attract a minimum of 5, 000 people per day
*First Data rooms at Sonnenalp Resort Hotel - 450 room nights
*Tournament Participants - 400-500 room nights
*Sponsors, Media & Spectators - 400-500 room nights
*Total room nights 1, 450 at an average rate of $135 = $195,750
*Multiplier spending times $3 per $1 for rooms = $587,250
*Bringing the total revenue for this program at $780, 000
*Friday night concert at the Ford Park bringing in up to 2, 000 attendees
*Hole-in-one Million Dollar Event at Vail Golf Club - 2,000-3, 000 participants.
*Potential Teach-a-thon with up to 500 participants.
2001 First Data Colorado Open
Fact Sheet
Tournament dates: June 2 Media Cup, Sonnenalp Golf Club
August 8, 9, and 27 Qualifying Rounds, Legacy Ridge Golf
Course
August 28 and 29 Pro-Am Events
August 29 VIP Sponsor Reception
August 30 - September 2 Championship
Location: Sonnenalp Golf Club
P.O. Box 1080
Edwards, CO 81658
For Information: First Data Colorado Open Events (720) 283-6736
Event Owner: The Colorado Golf For Charities Fund
Event Coordinator: Fundraising Management Solutions
Beneficiary: University of Colorado Cancer Center and The Harold & Mary Louis
Shaw Regional Cancer Center
Entry Information: Three qualifying rounds will be played at Legacy Ridge Golf Course
on August 8 & 9, and August 27, 2001. Amateur entrants must have
an active USGA handicap index of 2.4 or less at the time of entry.
Application must be received by 5:00 p.m., Friday, July 27, 2001, at
the First Data Colorado Open Events office;
7600 S. Grant St., Suite A-3
Littleton, CO 80122
(720) 283-6736
Web Site: www.coloradoonen.oro
Professional Purse: $180,000
Admission: Admission fee is $5 per car to park
Tee Times: Championship players will begin teeing off at 7:30 from holes
1 & 10. Play is expected to end around 6:00 p.m.
Key Facts: Over it's 38 years of existence, the First Data Colorado Open has
become the premier state open in the country for up-and-coming
amateurs and professionals. It has a playing field of 156 players, attracts
crowds of a minimum of 5,000 people, and has the largest purse at
$180,000.
Through the years, the First Data Colorado Open has played
host to names like Phil Mickelson, Willie Wood, Corey Pavin,
Hale Irwin, Mark Wiebe, and Fred Couples.
All proceeds raised from this event go to the CU Cancer Center and
The Harold & Mary Louis Shaw Regional Cancer Center for
general research and treatment and treatment programs.
FIRST DATA
CO 0~OPN
First Data Colorado Open
2001 Schedule of Tournament Events
Saturday, June 2, 2001
Media Cup
Sonnenalp golf Club
Saturday, August 25 - September 2, 2001
Million Dollar Hole-In-One
Vail Golf Club
Hole-in-One will be open every day on the driving range at the Vail Golf Club. This is
open to the public. Cost is $1 per shot. The top three qualifiers (closest to the pin) from
each day will be eligible to shoot for the million dollars at Sonnenalp Golf Club on
Sunday September 2 at 2:00 p.m.
Monday, August 27, 2001
The Sonnenalp Foundation Invitational
Sonnenalp Golf Club
• Hosted by the Sonnenalp Foundation of Vail
• A limited number of spaces will be available for First Data and other Colorado Open
sponsors to participate in this event.
• Details to be provided to the First Data Colorado Open by the Sonnenalp Foundation
of Vail.
Tuesday, August 28, 2001
First Round of the First Data Colorado Open Pro Am
The Summit Course at Cordillera
8:00 a.m. Continental breakfast and check-in
10:30 a.m. Shot-gun start, maximum of 34 foursomes
• Box lunches, beer, pop will be complimentary
Championship Participant Dinner
0 Sonnenalp Golf Course
Page 2
2001 Schedule of Events
Wednesday, August 29, 2001
Second Round of the First Data Colorado Open Pro-Am
Hyatt Beaver Creek Golf Club
8:00 a.m. Continental breakfast and check-in
10:30 a.m. Shot-gun start, maximum of 34 foursomes
• Scores from Tuesday's pro-am will be carried over and scoring will be based on
running totals.
• Box lunches, beer, pop will be complimentary.
VIP Sponsor Reception and Awards Dinner
Hyatt Beaver Creek Resort Hotel
6:00 p.m. Cocktails and silent auction
7:30 p.m. Dinner and awards
Friday, August 31, 2001
First Data Colorado Open Events Concert presented by the Vail Valley Foundation
Gerald Ford Amphitheater
• Performer to be determined
• Time to be determined
• All sponsors and championship players and caddies will be given one admission
ticket to this event. Other tickets may be purchased at an amount to be determined.
Thursday, August 30 through Sunday, September 2, 2001
38`h First Data Colorado Open Championship
Sonnenalp Golf Course
• Tee times will begin at 7:30 a.m. with the second wave at 12:00 p.m.
• After Friday's play, the field will be cut to the top 70 and ties.
• Awards ceremony will take place Sunday immediately following play on the 18th
green.
MEMORANDUM
TO: Vail Town Council
FROM: Bob McLaurin, Town Manager
RE: Town Manager's Report
DATE: April 3, 2001
VAIL'S WHITEWATER PARK
Attached Council will find a follow up summary for a kick-off meeting held Wednesday,
March 21 st, in regard to Vail's Whitewater Park.
REQUEST FOR PARKING FEE REIMBURSEMENT
Attached to this memo is a letter from Rick Mueller and Bob Hernreich requesting a
reimbursement of parking fees paid during the construction of the Vista Bahn building.
We will need to schedule some time in the future to discuss how you wish me to
respond to this request. At this time we are not asking for a decision, but bringing this
forward for your information.
UPCOMING ITEMS:
ADHI 10. 2001 Work Session
Joint Vail Town Council/Vail Resorts, Inc. work session - Noon to 6:00 P.M.
DRB/PEC Report
ADHI 17. 2001 Work Session
Bright Horizons 6 week plan on 3 month extension
Exemption Plats
Housing Authority - the Ruins, Mountain Bell
WMC - Project update
April 17, 2001 Evenina Meetinq
2nd reading of ordinance amending Zoning Code.
Final Design Development Presentation/Donovan Park
Meadow Drive Alternative Concepts
Exemption Plats
April 24, 2001 Work Session
Neighborhood Walkabout - Ford Park
Vail Plaza Hotel West work session
DRB/PEC Report
MEMORANDUM
DATE: March 28, 2001
TO: Town Council
Bob McLaurin
FROM: Tom Moorhead
Pam Brandmeyer
SUBJECT: Public Meeting - Whitewater Park
On Wednesday, March 21St, 2001 at 11:00 am a public meeting was held in the Town
Council Chambers to address the impacts in the area of the Whitewater Park for this upcoming
summer season. This meeting was called as a result of questions raised by operators of kayak and
fly fishing organizations. Fifty letters were sent out to impacted parties (see attached). The meeting
was attended by 11 people. The attendees included 4 Town of Vail employees, and 2 representatives
of the VVTCB (see attached attendence list).
Joel Heath provided a brief history of the Whitewater Park. It was designed by Gary Lacy,
a whitewater park guru. This was initiated when the VVTCB began looking for late April/May
activities to start the summer season. It was believed that the whitewater park costs would be
consistent with a single special event that creates a new market and coordinates with the Whitewater
Festival to be held on May 27th and 28th, which will officially announce Vail opened for the
summer. Additionally, through the kayak season there will be kayak rodeo opportunities, which are
the cutting edge of kayaking and have a history of drawing a crowd of observers. The kayak park,
as completed, contains a natural amphitheater on river right between the pedestrian bridge and the
International Bridge. It is believed that this will provide a sunny area for relaxing and picnicing.
It is believed that the river access on river right is more difficult than before. Through the summer,
security will monitor river right to protect the interests of adjoining property owners. A typical
kayak run on Gore Creek has been from the Golf Course to Vail Chapel.
Chris Amoroso was present representing the kayak community. Chris has expressed interest
in being a catalyst for self-monitoring of the whitewater park by the kayak community. He believes
that what will be happening in the park is essentially what has been happening in the past. Most
people will be using the creek for kayaking in the early season before the large summer crowds
arrive. The appropriate takeout area will be west of the International Bridge on river right. Car drop
off will be an issue and there will be a specific parking area on the east end of the parking structure
appropriate for kayaker use. Gregg Barrie, Town of Vail Public Works, indicated there will be a
signage plan to discourage car drop off along the creek and on the International Bridge and
regulating the location of boats as to where they should and should not be.
Nicki Viars, property manager for Vail Village Center, was accompanied by attorney, Phil
Quattrochi and questioned whether or not the Town of Vail buses were going to be adapted with
appropriate apparatus for carrying kayaks on the bus. She also questioned the use of amplified sound
for the Whitewater Festival. The response from Joel Heath was that the amplified sound would be
identical to what was utilized last year. Nicki also questioned whether or not there would be
additional public toilet facilities and Joel Heath explained that people utilizing the Whitewater Park
will be expected to use the existing facilities in the parking structure and at the top of Bridge Street.
There is no plan to have portable toilet facilities through the summer months other than for specific
special events and there will be two or three as in the past. In regard to banners for the Whitewater
Festival, Nicki indicated that Joel may again contact her as he has for past events. In regard to night
kayaking and permanent lights it was indicated that night kayaking is not safe and it was doubted that
many individuals, if any, would participate in kayaking at night. There are no plans for additional
lights. There are security lights presently in existence under the International Bridge. At this time
the Tourism and Convention Bureau is not looking at any additional events. The park was built for
sustainable energy rather than single event opportunities.
Pam Brandmeyer pointed out that Gore Creek Flyfishing will again be operating clinics on
the promenade and that one of the Town's interests is to assure equitable use of that area. Chris
pointed out that the most significant use of the river will be from approximately May 15 to high
water June 1St with an additional 3-8 weeks depending upon the water flow. Chris, who is the owner
of Mountain Quest Sports, will have a location in Vail Village this summer and will be interested
in providing information in regard to kayaking and boat rental as well as lockers. Chris does not
believe that there will be conflict between boaters and the fishermen.
A committee of 4 or 5 people will be formed to deal with the various uses of the Whitewater
Park and any impacts as a result of that usage. The committee will consist of homeowners, a Gore
Creek Promenade merchant, a flyfishing representative, a kayak representative and Joel from the
VVTCB.
Gregg Barrie indicated that signs for "No Trespassing" were being prepared and they will be
10" square white on green and they will be posted at Pepi's property and the property of the Vail
Village Center. The park is approximately 90% completed. There is 10% repair work to be
completed in the area of the amphitheater and on river left where some low growing willows will
be included.
It is anticipated that there will be a kick-off party in mid to late April.
Attachments
March 5, 2001
((FirstName) ((LastName)
((Company)
((Address1)
((Address2)
((City)), (State)) ((PostalCode))
RE: VAIL'S WHITEWATER PARK
LOCATION: Gore Creek Promenade
Dear ((FirstName):
With the summer of 2001 quickly approaching, the town would like to convene a meeting
of potential users and surrounding merchants and homeowners to address the
management of Vail's Whitewater Park and Gore Creek Promenade and to discuss
guidelines originally agreed to and their ramifications. With the added kayaking
opportunities, we see the potential for multiple uses, including open park space for the
public.
A meeting has been set for Wednesday, March 21, at 11:00 A.M., in the Town Council
Chambers. At this meeting, we will discuss both the conduct and use of this amenity, as
well as the possible formation of a management committee to be composed of one
member each from the following groups: retail merchants, homeowners, fly fisher-
people, kayakers, and the VVTCB. Please help the town evaluate the challenges and
solutions for equitable use of the Whitewater Park. The Council is delighted to present
the community with this additional amenity. Let's make certain we all start off with a
clear understanding of how the park will function.
If you need further information or have questions, please call: Joel Heath, 479-1014,
Ext. 12; Todd Oppenheimer, 479-2161;Gregg Barrie, 479-2337; or Pam Brandmeyer,
479-2113
Thank you for your interest and we look forward to seeing you in March. THINKING
SNOW = LOTS OF WATER!
Sincerely,
TOWN OF VAIL
Bob McLaurin
Town Manager
xc: Town Council
Pam Brandmeyer
Tom Moorhead
UKLL
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970-926-6226 • FAX 970-926-6227
P.O. Box 1888 • Edwards, Colorado 81632
February 16, 2001
Mr. Robert McLaurin
Town of Vail
75 South Frontage Road
Vail, Co 81657
Dear Bob,
Following up on our conversation regarding our $457,354 payment in lieu of parking,
Remonov would like to formally request a refund of all or at least a significant portion of
our payment. As you are aware, the amount was paid under protest. The protest was
lifted in order to obtain a TCO. However, Glenn Heelan and Remonov made it clear for
the record that the amount was unfair because of the way it was calculated. This issue
has been open for some time and needs to be resolved.
Bob, as you know, we have tried to keep the Vista Balm Building in commercial use in
order to add vitality to the village. This has been a challenge. To be successful, we had
to put $420,000 into improvements, including a new entry. In May, we are planning to
install a new deck on the second floor to further enhance the appeal of the building for
commercial tenants. Most importantly, our rents are far below average for the Village, or
elsewhere. This reflects the difficulty in acquiring quality, long term tenants. It, also,
reflects our personal commitment to the quality and vitality of the Village.
We currently have the top floors on the market as residential. This is an attempt to
reduce the debt on the building to a manageable position. Last month, we were asked if
we would consider re-purposing these floors for a night club/banquet facility. Such use
would be very beneficial for the Village. The economics may not permit this. However,
a refund of the parking fees would go a long way in allowing us to restructure and
remodel for this use. This use could also, generate significant dollars to the town, dollars
which would not be generated by a residential property.
9 iw-
Robert McLaurin
February 16, 2001
Page 2
The amount paid for parking was $457,354. This cost us $50,000 a year in interest.
Consequently, our efforts to reduce rents to a level necessary to keep quality tenants is
severely impacted. In reviewing the amount, our calculations indicate that $190,000 is
the appropriate figure. This is based on our computation of the TCO formula. It is our
understanding the current council is in favor of abandoning this fee altogether.
Consequently, we gratefully request your consideration of a full refund. We would be
happy to meet with you at your earliest convenience to discuss this issue.
Sincerely,
Richard Mueller, President
Robert Hernreich, Vice President