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Home My WebLink About2004-04-20 Support Documentation Town Council Evening Sessioni EVEIVIIVG nIIEETIIVG 6:00 P.NI. TUESDAY, APRIL 20, 2004 ftIOTE: Times of items are approximate, subject to change, and cannot be relied upou~ to determine at what time Council will consider an item. 1. ITE~fl/TOPIC: Citizen Participation (5 min.) 2. Greg Hall BTEi~I/TOPIC: Village Streetscape Update (5 min.) Scott Bluhm 3. Dwight Henninger ITEI~/TOPIC: The President's Volunteer Service Award is a recognition program for those who contribute a significant amount of time to volunteer service (10 min.) o Jeff Bey o Kyle Cureau o Frank D' Alessio o Michelle Hall Werner Kaplan o Gilda Kaplan o Dave Luke o Jane Schmoll Mabel Selak o Dick White o Charlene Zent 4. Bill Carlson ITEM/TOPIC: Mauri Nottingham Environmental Quality Award. (15 min.) o Tom Page o Eagle Valley Library District 5. Rod Slifer ITEflA/T®PIC: Update on Vail Conference Center and a request to Merv Lapin move forward with recommended next steps for the conference Dave Pease center. (1 hour) Russ Forrest ACTIOiV REQUESTE® OF COUI\ICIL: Receive an update on the conference center and authorize the Conference Center Advisory Committee and staff to take a series of proposed next steps. BACKGROUND RATIONALE: The committee has continued to work with investment bankers on how to structure the financing for the conference center and pay for the anticipated operational deficit for the facility. On April Stn the Committee met again with: Kirkpatrick Pettis, Piper Jaffray, and George K. Baum (Steve Jeffers) 1 i All three firms have developed financial plans for both paying for the debt associated with a $42.5 million project. All three firms felt confident that they could- fund both the debt service and still have money left to fund the projected operational deficit for the conference center while building an operational reserve. The Committee is requesting authorization from the Town Council to move forward with a series of next steps outlined in the staff memorandum. 6. Leslie Pickling ITEMITOPIC: Approval of Vail Village Streetscape hand rails and guard rails (5 min.) ACTION REC~UESTED OF COUNCIL: Vote to approve AIPP expenditure for hand rails and guard rails. BACKGROUND RATIONALE: Hand rails and guard rails are required for the Wall Street portion of the Vail Village Streetscape project. The Art in Public Places (AIPP) program is proposing to upgrade the standard pipe railings that are currbntly specified for the project and replace them with hand forged metal railings. High quality railings fabricated by a traditional blacksmith and designed by an artist will compliment . Vail's alpine architecture and enhance the appearance of Wall Street. 7. Matt Gennett ITEMITOPIC: Appeal of the March 3, 2004, Design Review Board (DRB) approval with conditions of a proposal to build a new single family residence located at 1310 Greenhill Court/Lot 17, Glen Lyon, by the owner of lot 246, Glen Lyon, Mr. Barry Cunningham. (30 min.) ACTION REQUESTED OF COUNCIL: Uphold, with conditions, or modify the DRB's approval with conditions of a new single family residence located at 1310 Greenhill Court/Lot 17, Glen Lyon. BACKGROUND RATIONALE: On March 17, 2004, the DRB approved with conditions an application, k>y Mr. John Purchase, to build a new single family residence on his property, Lot 17 of the Glen Lyon Subdivision. The DRB's condition of approval was formulated based on the testimony provided by the appellant, Mr. Barry Cunningham, who stated during the public hearing held on the aforementioned date that the proposed structure would have negative impacts on the enjoyment of his property due to its proximity to the property line shared by lots 17 and 24B. Despite the fact that Mr. Purchase's original plan had the structure within the required building envelope, the DRB imposed a condition that calls for the structure to be located 8'-9' back from the original location on-site. The DRB created and imposed the condition upon the applicant to 2 address the issues raised by the appellant. STAFF RECOIIAAAENDATION: Staff recommends that the Town Council uphold the DRB's approval with conditions of the proposed new residence located at 1310 Greenhill Court/Lot 17, Glen Lyon. 8. Bill Gibson ITEIVI/TOPIC: Appeal of the March 8, 2004, Planning and Environmental Commission (PEC) approval of a request for a variance from Chapter 14-6, Grading Standards, Vail Town Code, to allow for retaining walls in excess of six (6) feet in height, located at Tract K, Glen Lyon Subdivision and Unplatted Parcels. This variance request is associated with Vail Resorts Development's snowcat access relocation proposal. (30 min.) ACTION REQUESTED OF COUNCIL: Uphold, modify, or overturn the Planning and Environmental Commission's approval of a variance from Chapter 14-6, Grading Standards, Vail Town Code. BACI4GROUND RATIONALE: On March 8, 2004, the Planning and Environmental Commission approved a request for a variance from Chapter 14-6, Grading Standards, Vail Town Code, to allow for retaining walls in excess of six (6) feet in height in association with Vail Resorts Development's proposed snowcat access relocation proposal. On March 16, 2004, the Vail Town Council "called-up" the Planning and Environmental Commission's approval of the variance request. Please refer to the attached March 8, 2004, Staff memorandum to the PEC for additional information. On April 6,.2004, the Town Council tabled this item to its April 20, 2004 meeting. STAFF RECOMnAENDATION: Staff recommends that the Town Council upholds the Planning and Environmental Commission's approval of the requested variance to Chapter 14-6, Grading Standards, Vail Town Code. 9. Judy Camp ITEMITOPIC: 2nd reading of Ordinance IVo. 7, Series of 2004, an ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund Dispatch Services Fund and Marketing Fund for the 2004 Budget for the Town of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth herein; and setting forth details in regard thereto. (15 min.) 10. George Ruther ITEflAITOPIC: 2"d reading of Ordinance No. 11, Series of 2004, an Matt Mire ordinance vacating a certain part of the system of public ways of the Town of Vail, Colorado, i.e., a subterranean portion of Hanson Ranch 3 Road contiguous to Lot P-3, according to the subdivision plat entitled "Lot P-3, Vail Village Fifth Filing"; and setting forth details in regard thereto (30 min.) 11. John Power ITEMITOPIC: Resolution No. 15, a Resolution adopting the correct version of the CIRSA bylaws and intergovernmental agreement and repealing any and all resolutions inconsistent herewith (5 min.) 12. Matt Mire ITEMITOPIC: Resolution No. 16, a Resolution approving dreg Hull the P-3 Development Agreement (the "Agreement") ` between the Town of Vail (the "Town") and Vail Associates Holdings, Ltd., a Colorado Corporation ("Vail Holdings"), which agreement pertains to the development and respective rights and responsibilities of the Town and Vail Holdings in relation to the development site owned by Vail Holdings and consisting of Lot P-3, Vail Village Fifth Filing, and an adjacent vacated portion of Hanson Ranch Road right-of- way; and setting forth details in regard thereto. (15 min.) ACTION REf~UESTED OF COUNCIL: Approve, approve with modifications, or deny Resolution No: 16, Series of 2004. BACKGROUND RATIONALE: On August 11, 2003, the Town of Vail Planning and Environmental Commission ("PEC") conditionally approved a development review application to allow for the construction and operation of a "private off-street vehicle parking structure" and a "public park" on Lots P3 & J, Block 5A, Vail Village Fifth Filing. Among other conditions, the PEC required that the applicant, Vail Resorts Development Company, submit a development agreement that outlines the obligations, responsibilities and commitments of the Town of Vail ("Town") and the Developer ("Vail Holdings Ltd") regarding the development of the site, for review and approval by the Town Council, prior to the issuance of a building permit for the approved improvements. The P-3 Development Agreement is proposed to address the adopted condition of approval. 13. Stan Zemler ITEMITOPIC: -Town Manager's Report (10 min.) • Forest Service/Town of Vail MOU Contract with the Division of Corrections to cut and stack wild land fuel materials in preparation for controlled burns. 4 14. Adjournment (9:55 P.flA.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT 2 P.M. ON TUESDAY, MAY 4, 2004, IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. ON TUESDAY, MAY 4, 2004, IN TOV COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2106 voice or 479-2356 TDD for information. 5 )Prorrpiss®B-y IVoge Date: Property Owner: Mailing Address: Reimbursable Cost: Location: Phone Number: In installments after date, for value received, I promise to pay to the order of the Town of Vail at the office of the Finance Director, Municipal Building, Vail, Colorado, Dollars. Total Reimbursable Cost First installment of $ due and payable on (30 days from signing) Second installment of $ Third installment of $ Fourth installment of Fifth installment of $ plus interest due and payable on June 30, plus interest due and payable on June 30, plus interest due and payable on June 30, plus interest due and payable on June 30, Interest shall be prime rate plus 3% and shall be established annually based on the prime rate as reported in the Wall Street Journal as of June 30 of each year for the following year. Additional principal payments may be made on June 30`" of each year or the remaining principal may be paid off in full at any time without penalty and interest will be adjusted accordingly. It is agreed that if this note is not paid when due or declared due hereunder, the principal and accrued interest thereon-shall draw interest at the rate of 1.5 percent per month, a late processing fee of $25 will be assessed, and that failure to make any payment of principal or interest when due or any default under any encumbrance or agreement securing this note shall cause the whole note to become due at one, or the interest to be counted as principal, at the option of the holder of the note. The makers and endorses hereof severally waive presentment for payment, protest, notice on nonpayment and of partial payments before, at, or after maturity, and if this note or interest thereon is not paid when due, or suit is brought agree to pay all reasonable costs of collection, including reasonable attorney's fees. Signature. of Property Owner / Payor Date Installment Pa_ ments The owner has the option of paying the cost of installation of the heating pavers all at the time of construction or over time according to the schedule shown below. If the owner chooses to pay in installments, he shall be required to sign a promissory note. Cost Number of Timing Payments Less than $10,000 One At time of construction $10,000 to $24,999 Two equal At time of construction and on June 30t of the installments following year $25,000 to $49,999 Three equal At time of construction and on June 30 of the installments following two years $50,000 to $100,000 Five equal At time of construction and on June 30t of the installments following four years Over $100,000. Five $20,000 plus amount. over $100,000 at time of construction; then $20,000 on June 30`h of the following four years The interest to be paid by the owner shall be prime rate plus 3%. The interest rate shall be established annually based on the prime rate as reported in the Wall Street Journal as of June 30 of each year. This rate will be applied to the outstanding balance until the next payment date without compounding. Annual interest is due on June 30th each year along with the principal payment outlined above. Additional principal payments may be made on June 30th of each year or the remaining principal maybe paid off in full at any time and interest will be adjusted accordingly. Owners choosing to pay in installments will be billed by the Town of Vail on or before May 31 of each year for the minimum amount due on June 30th. Any payments not received by June 30th will be assessed a $25.00 late fee plus interest at 1.5% per month on the late amount. Checks returned for insufficient funds are also assessed a $25 processing fee. lEl[onoring citizens Who 1E~ave Made a 1Difference 13y Volunteering The President's Volunteer Service Award is a recognition program for those who contribute a significant amount of time to volunteer service. The Vail Police Department is proud to participate in this program as a way to honor and thank members of the Vail Valley Community for giving us some of their valuable discretionary time. Over the past 2 years, the 11 Vail Police Volunteers being recognized have collectively contributed more than 3,276 hours to the Vail Police Department. The Federal Government has assigned an hourly dollar value of $16.84 for volunteer work. This represents a contribution of $55,167 to the Community by those receiving this award. It is appropriate that we recognize their contribution of service during National Volunteer Recognition Week, April 18-24, 2004. Our volunteers assist with Administrative and Operational duties throughout the year. They are a diversified group hinging individual talents, but they are similar in their commitment to civic participation. All of our volunteers are "super" volunteers, but these 11, given their ongoing. service, have set an example for our entire Team. The volunteers being honored are: Jeff Bey Kyle Cureau Frank D'Alessio Michelle Hall Werner Kaplan Gilda Kaplan Dave Luke Jane Schmoll Mabel Selak Dick White Charlene Zent The Award recipients will receive: The official President's Volunteer Service Award pin A personalized Certificate of achievement A note of congratulations from the President A letter from the President's Council on Service and Civic Participation Because they are "shining stars" and "light up our lives", the Department and Town Council will also present them with an appropriate gift of thanks. flIiENIORAfVDUAA TO: Vail Town Council FROM: Conference Center Advisory Committee DATE: April 20, 2004 SUBJECT: Update on the Vail Confierence Center & Request to move forward with recommended next steps. Planner: Russell Forrest & Judy Camp ~. PURPOSE The Vail Conference Center Advisory Committee is requesting that the Vail Town Council authorize Town staff and the Committee to move forward with a series of next steps outlined in this memorandum. The Committee has spent the last several weeks meeting with investment bankers and have had numerous discussions with Dee V1/iser, the Town's Bond Council to develop the proposed next steps. 2. UPDATE O~ FIRI~-I~C9ft9G On March 16th, 2004 HVS provided an overview of the Business Plan to the Vail Town Council. On March 30th, 2004 the Conference Center Advisory Committee interviewed the following four investment bankers: Kirkpatrick Pettis, Hanifen Imhoff, o Piper Jaffray, and George K. Baum (Steve Jeffers) The purpose of these interviews was to determine what creative ideas existed among alternative financing institutions and to determine which investment banking institution could provide the best service at a competitive cost to the Town of Vail in financing the conference center. These interviews raised several new questions and ideas. The primary issue that was discussed at the interviews was that several of the bankers strongly suggested that the Town of Vail "back stop" the debt service for the conference center with new growth in sales tax dollars. This would provide improved interest rates and better coverage factors for the issuance of the bonds. However, the Committee strongly believes that the financing for the conference center should be completely independent from the Town of Vail and that only the dedicated lodging and sales tax revenue approved for the conference center should be committed to the construction and operation of the facility. The investment bankers also provided options that would only commit the dedicated lodging and sales tax for the conference center. There were also questions about the interrelationship of issuing debt for the conference center and existing-debt the Town-of Vail' has and~whether it would impact future bonding capacity for other projects. Fallow-up questions were prepared for both our bond council, Dee Wiser, and the investment bankers. On April 8~' the Committee met again with • Kirkpatrick Pettis, • Piper Jaffray, and • George K. Baum (Steve Jeffers) All three firms have developed financial plans for" both paying for the debt associated with a $42.5 million project and the anticipated operational deficit. All three firms felt confident that they could fund both the debt service and still have money left to fund the projected operational deficit for the conference center while building an operational reserve (See attachment A). In addition all three firms proposed a financial structure that would fund the conference center bonds solely from conference center taxes without pledging other funds from the Town of Vail. Dee Wiser has concluded that with this type of financial structure the issuance of debt for the conference center will not impact the Town's future bonding capacity. The critical deal points for the committee in further evaluating the investment banker's proposals included: • Debt Service Coverage Ratios • Ability to provide insurance/surety policy Interest Rates • Underwriter Fees (Discount Rates) • Ability to maximize the operational reserve for the facility • Interest in and ability to facilitate a public auction for the issuance of the bonds. After the follow-up interviews and a subsequent committee meeting on April 13~' the Committee recommends asking Piper Jaffray and Kirkpatrick Pettis to verify coverage ratios and confirm that insurance coverage can be obtained at the rate they have quoted.. In addition, the committee would tike to ask the Town Council's permission to enter into negotiations with both firms to obtain the best possible rate (fee the Investment Banker would~be paid). The other critical issue is the timing of the issuance of debt. Interest rates are at an all time low. In the HVS study, the consultants acknowledge that the most significant risk in not controlling the costs of the project is increasing interest rates. Based on that concern there is a strong interest from the committee to issue the debt in the very near future to take advantage of low interest rates. The Committee would like to further refine the cost estimates of the project to reduce the risk that the cost of the project would be significantly more than anticipated. However, it should be acknowledged that there is not a firm cost for the project until the design process is completed and a guaranteed maximum price is obtained. The committee would like to further evaluate options for the precise timing of the issuance of the debt. To issue bonds, the Vail Town Council must approve of the specific terms and process for issuing the bonds with a resolution. 3. PROPOSED NEXT STEPS: The Committee is requesting authorization from the Town Council for the following next steps on the conference center: 1. Authorize the committee to negotiate with both Kirkpatrick Pettis and Piper Jaffray on fees, insurance, and coverage ratios and to authorize the Town Manager and to then bring back a recommended contract to the Vail Town Council for their consideration. The recommended role of the investment banker is to act as the Town's financial advisor and to facilitate the sale of the bonds. 2. Evaluate further the financial implications of placing the conference center over the Lionshead Parking Structure. This will not exceed $750 and there is money budgeted for this type of consulting work on the conference center. 3. Interview owners representative on Apri129th 4. Town Council decision on which owners representative to hire on May 4th 5. Develop strategy for engaging a design team-May 6. Develop RFQ for Design Team and request Town Council permission to issue RFQ for design on May 18~' or June 1St Attachment 1: Comparison of Investment Bankers Attachment 2: Copies of submittals from top three candidates Attachment 1 Comparison of-Investment Bankers CORAPARISORI OF PROPOSALS Based on Recommendatlorm PreserKed Aprll 9, 20t1~ Ge K B Source of Funds orge . aum Kirkpatrick Pettis Scenario 1 D ( ) __ Piper Jaffray Par Value -_ - - 38,090 000 Premium ---- , 396 863 _ 38,470,000 43,990 000 Total Bond Proceeds -_-- _ , 38,486,863 --- 940,442 , i __ - - 39,410,442 - - -i , 43 990 000 From Conference Center Fund balance _ From Interest on construction fund _ 1 0% 4,000,000 _ $3 million to operating reserve -see belo w 5,900,000 , , Estimated DSDA . 573,897 Used to offset debt service -see below _ -- Total Sources -- N/A --- - 2% of par 769 400 _ 1.29 /° to_2.35% ~ 2,092,280 43,060,760 - , 46 079 842 N/A , , - 46,082,280 Use of Funde - Co_nstruction Fund __ 42,283,897 - -- ~- Underwriter's Discount __ - $4.00 or 40 bps - 153,947 $5 00 or 50 b s 42,500,000 1 _ - __ _ 42,500,000 __ . p 92,350 _ $6.00 or 60 bps .263 940 Bond Counsel _ '- , - Trustee Origination _ ~ -- _ --_ { 65 000 Moody's Rating Agency Fee -- , r -- - Printing & Distribution -- - _ - __ 2,000 ~ _ Misc _ 19,000 _- Total Costs of Issuance _ ___ _ ___ 5,000 - 80,000 -- - 74,000 -- 1,500 9 2 5 00 Bond Insurance _ _____ 60 bps 470 530 ~ __ . , _ ty Sure Bond -_ 3.0% , 68,753 35 bps 260,044 _ ___ 60 bps ~- - 509 718 Debt Service Reserve Fund _ N/A 2.0% 50,646 _ --- _ ___ , _ - _Operating__Reserve ___ - - - _ 2,711,938 Rounding - - 3 633 - -- 3,000,000 -- - Total Uses _ -- --- , 43,060,760 - 2,802 _-. _ ~- 4,184 - __ 46,079,842 __ 46,082,280 Funds Available fo'r ProJe__ct From Bond_Proceeds 37 710 000 - _ From C__onference Center Fund_balance ~ -" - , , 4,000,000 35,830,600 _ __ 40,407,720 DSDA 5,900,000 From Interest on construction fund -- 1.0% 573,897 _ 769,400 __ -- _ - Other Total Funds Avalleble for Project 216,103 __ _ 2_,092,280 --` 42,500,000 42 500 000 - _ , , 42,500,000 Total Debt Service _ _ 78,421 698 - Interest from Constrtlction Fu n d - , 74,288,174 ~ _ _ 84 953 024 _ _ _ Debt Service Reserve Fund 1.5% during construction (903,125) _ ~ , , ---- Net Debt Service 78 421 698 - - Includes 5.15% interest for 30 yrs~ - - (6,971,713) Term 73, 395,049 I 77,981,311 __ 35 years Cou on P _ All-inclusive True Interest Cost ____ As of 4/6/04 - 2.5% to 5.0% ° 4.85537 /0 - As of 4/6/04 30 ears y 1.96% to 5.0% s of 4/7/04 _ - - 30 years 1.25% to 4.95% Maximum An__nual Debt Service - - 2 291 750 4.677502% _ __4.81368% Based on flat $3.5 million; par value and operating reserve 2,531,250 - 2,573,000 - Coverage ratio Based on flat $3.3 would need to be reduced to meet 1.4 times coverage at Based on HVS Study with _ DSRF or Sure Bond million Sure bond 1,q4 $3.3 revenue per 2003 actual 1.40 i ncreasing revenue 1.24 to 2 78 Sure bond DSRF saves $237K or $7K per year; . to be confirmed F:\Users\FINANCE\Conference Center Tax\Bonds 4/13/04 COMPARISON OF PROPOSALS Based on Recommendatlons Presented April 9, 2004 -__ ________ George K. Baum ~ Cash Balance with HVS opereting expense eslmate -- -- ~ ~ _______________ _ _ __________ 5 years - 10years _ 8,498,009 18,904 ,170 --- --___________ _ 20 years _ _ ~ 51,979,691 30 ears 98,509,649 F:lUsersIFINANCE1Conierence Center TaxlBonds 4/13/04 Attachment 2 Copies of submittals from top three candidates PiperJaffray fir ,: .y.~ ~Y' T F~° ,: ~. ~rt_~f ~ ~~,~.r R_~,~.~ 4r Town of Vail, Colorado r~w~~ ~~~~~ ~~ ~~ ~~~~~ ~ ~. , r--,.-,.~,--- ~~ ,~ ~ ~~- ~ t ~t`a Table of Contents Page 3 ............................Response to Questions Appendix A: Projerted Cash Flows and Coverage Ratios Appendix B: Standard & Poor's Sales Tax Bonds Report Appendix C: List of Financial Advisory Bond Issues Investment Banking ~ G~llt~'E5 C-i?R '' '~,~.,,,,, n _.7~.. ~~ _ _ _ 1, 4 ~ .~ _ z _ y ~~r ,' >. t ~. i _ ,i r {:. k} C ~ ` I l - , 1 1 - r ti - t j~ t } i _ ( l ~, _ E, 1" '- ,~ i 1. Can your company finance the project with the above mentioned assumptions? If not what project cost could be financed? We at Piper Jaffray are confident that the conference center bonds can be marketed given the requirements outlined by the Town. Based on our analysis the Town would receive $42,500,000 in project funds, the maximum annual debt service would be approximately $2,573,000 and the term of the bonds would be 30 years. This analysis also assumes that the Town will not contribute any funds to the bond issue and. that the current balance of funds collected will be held by the Town for reserves and operational expenses. 2. , Vtihat rates, insurance costs and fees would be required to finance this project? The estimated Sources and Uses for the conference center bonds are displayed below: ®u~ce~--~ ~T_ses_ . D t a ed 06/01!2004 ( Delivered 06/01!2004 Sources Of Funds Par Amount of Bonds„ . ...... ......._- --- ---- - Total Sources $4.x,990,000,00 ___......_._.._.._-_..___ -- -----....._ -- - ------ ---------- Uses Of Funds -543,990 000.00 Tot91_Undenvriter's Discount 0.600% L .._ __L_-- -..,__ -_-_._.._.._-_._.__.-__._......_- ------------__ Costs of Issuance. , ___--263,940.00 Gross Bond Insurance Premium (60.0 bp) - "---- -' "' ----- ------- - - . 92 500.00 Depos~t,to_Debt Service.Reserve Fund DS 509,718.14 ---_..._.__ ..__ Depoart to,Pro~ect Construction Fund° - Roundmg Amount _.. -_40 407 72024 _......._ ------------...__._.----._.... - _ ..- -- - -.._..---- -- --- 4 184 12 ---- Total Uses * A ~3 900 0.0 ssumes net funding the project fund. See question 6 for further expianation. The estimated Costs of Issuance are displayed below: COSTS OF ISSUANCE DETAIL Bond._Counsel ,Trustee„ Origination Moody's,Ratng Agency Fee .,...._ _ ___ _ Print and Distribute POS/Of'fcial Statement Misce_I Ian„eous TOTS -. , _._. _. _ ....._ . _ .. $65,000.00 _. _..._. - ---... $2,000,00 . $!_9,000.00 __ .._. .. - - 55.000.00 _..__.. . ~.L,.500.00 ----- -- ....- - ----- -___-~~2 500 _04. Investment Banking -3- TFl?E~C:JU&~"~EY.` ;~ ~1~'~tL T~1g~t7~ ;_ ` ~`l «. ~. Estimated debt service and interest rates: Preliminary Net I?ebt Service Schedule Date Principal Coupon" Interest Total P+I DSR Net New D/S 12/01/2004 12/01/2005 - 785 000 00 - 1 250% 961,648.75 961,648.75 (69,832.39) 891,816.36 12/01/2006 , . 795 000 00 . 1 750% 1,923,297.50 2,708,297.50 (139,664.78) 2,568,632.72 12/01/2007 , . 810,000.00 . 2.100% 1,913,485.00 1 899 572 50 2,708,485.00 2 139,664.78 ( ) 2,568,820.22 __12/01/2008__,_ ._..._..........825,000.00 2 500% , , . 1 8 6 ,709,572.50 (134,664.78) 2,569,907.72 12/01/2009 850,000.00 ., ,_ , __,.__ 2.800% ___ ,,8 2 5 2.50_.. 1 861 937 50 -____ 2 707 562.50_ .- -('139 664,78)- __- 2,567,897.72. 12/0]/2010 870,000.00 3.100% , , . 1 838 137 50 2,711,937.50 ` (139,664.78). 2,572272.72 12/01/2011 900,000.00 3.350% , , , 1 811 167 50 2,708,137.50 ' (139,664.78) 2,568,472.72 12/01/2012 930,D01).00 3.550% , , . 1 781 017 50 2,711,167.50 (139,664.78),' 2,571,502.72 12/01/2013 960,000.00 3.700% , , . 1 748 002 50 .2,711,017.50 2 (139,664.78)' 2,571,352.72 12/01/2014 995,000.00 .3.900% , , . 1 712 482 50 ,708,002.50 (139,664.78). 2,568,337.72 12/01/2015 1,035,000.00 4.000% , , . 1 673 677 50 2,707,482.50 2 12/01/2016 1,075,OW.00 4.100% , , . 1 632 277 50 ,708,677.50 (139,664.78) 2,569,012.72 12/01/2017 1,120,000.00 4.200% , , . 1 588 202 50 2,707,277.50.- 2 ..; . (139,664,78) ' 2,567,612.72 L2/01/2018 1,170,000.00 4.300% , , . 1 541 162 50 ,708,202.50 . (139,664.78) ` 2,568,537.72 12/01/2019 1,220,000.00 4.400% , , . 1,490,852.50 2,711,162.50 2 710 852 50 (139,664.78) 2,571,497.72 12/01/2020 1,270,000,00 4.500% ],437,172.50 . , , . 2 707 172 50 (139,664.78) 2,571,187.72 12/01/2021 1,330,000.00 4.550% 1,380,022.50 , , . 2 710 022 50 (139,664,78). 2,567,507.72 12/01/2022 1,390,000,00 4.650% 1,319,507.50 , , . 2 709 507 50 - (]39,664.78) 1 2,570,357.72 12/01/2023 1,455,000.00 4.750% 1,254,872.50 , , . 2,709,872.50 39,664.78) ( 664 (139 78) 2,569,842.72 2 570 12/01/2024 12/01/2025 1,525,000.00 4.800% 1,185,760.00 `,2,710,760.00 , . , `' ~ (139,664.78) , ,207.72 2 571 095 22 12/01/2026 1,595,000.00 1 675 000 00 4.850% 4 850% 1,112,560.00 2,707,560.00 , (139,664.78)', , , . 2,567,895.22 12/0!/2027 , , . 1,755,000.00 . 4.850% 1,035,202.50 953 965 00 2,710,202.50 2 (139,664.78): 2,570,537.72 _.._ 12/Ql/2028_.__, .. _1.,.$40 000,00 4 900%--_ , . -.-- 868847 50 . ,708,965.00 :2 708 847 $0 ~, (139,664.78) 2,569,300.22 12/01/2029 1,930,000.00 4,900% _ __ 778,687.50 , , , ,. .2,708,687.50 ~- ~1~9 664 78)-__ 664 (139 78) __ 2,569,182.72.. 2 569 12/01/2030 12/01/2031 2,025,000.00 4.900% 684,117.50 2,709,117.50 , . : " (139,664.78): , ,022.72 2 569 452 72 12/01/2032 2,125,000.00 2 23Q 000 1)D 4.900% 4 900% 584,892.50 2,709,892.50 (139,664.78) , , . 2,570,227.72 12/Ol[2033.,.,....._,. , , . ,...__2~340,000.00 . 4 9$0% 480,767.50 37 2,710,767.50 ' ' (139,664.78) 2,571,102.72 12/01/2034 .,.....,,.. 5,165,000.00 ._ . .___ __._ 4.950% 1,497,$0_.._,._. ___ 255 667 50 _. 2,71.1,,497_50.__ 5 _._(139 664 78~}_ ._ _. 2 $71,832.72. , . . ,420,667.50;: (2,851,602.28);- 2,569 065.22 Total 543,990,000.00 540,963,023.75 S84,953,023.75 6,971,713.29 , 577,981,310.46 Yield Statistics Bond Yield for Arb itrage ?uryoses Weighted Average Maturity 4.7458564% 19.775 Years *Estimated interest rates are based on market conditions as of April 7, 2004. 3. Do you propose a debt reserve or surety bond? How much (fees and or rates) would that cost? Given the current market conditions and our estimated surety bond fee, it would be advantageous for Town to cash fund the debt service reserve requirement. Based on our analysis, the Town would save an average of $7,000 a year or $237,000 over the life of the bonds by cash funding the reserve requirement. This analysis assumes a surety fee of 3.5% versus investing the reserve proceeds at 5.15%. Investment Banking ~d3txiES FC)`R ') "it. ~tr rf ~' r: -~~~ - i, , P~ t ~~ ~- T~ ,~. ,~ ..' While the current market conditions and our assumptions show that a cash funded reserve fund would be beneficial to the Town, these conditions may change prior to the bonds being issued. Therefore, we would recommend that the Town apply for a Surety policy at the same time it applies for municipal bond insurance. Once the bond insurance companies provide the Town firm surety policy quotes, we will re-run the analysis based on the known costs and the prevailing market rates. We will then work with the Town to decide which alternative provides the greatest value. 4. Can you develop a coverage rate that would enable these bonds to be marketed? What is that coverage rate? We believe we can market the conference center bonds at a coverage level as low as 1.10x. However, in order to obtain municipal bond insurance, the bonds will need to have a minimum coverage level somewhere near 1.20x.. If the Town can secure municipal bond insurance for this transaction it will greatly decrease the overall borrowing cost and provide more funds for the operational expenses. Given the current market conditions we have projected that the conference center bonds will generate coverage ratios. of 1.24x.to 2.78x. Based on past research and work with the ratings agencies, investment grade bonds typically have coverage ratios of 1.20x'to 3.0x. We believe the projected coverage ratios will help present a strong case to the ratings agencies. These coverage ratios have been calculated based on the revenue projections displayed in Table 11-12 of dxaft Town of Vail Conference Center Business Plan, dated March 16, 2004. Please see Appendix A for projected cash flows and debt service coverage calculations. In order to achieve the projected coverage ratios we have amortized the debt over 30 years. We have discussed this bond issue.with the ratings agencies and they are comfortable with 30 year bonds, however the term is at the long end of this comfort level. They communicated to us that stretching out the issue to 35 years could have a negative impact on the bond rating. Therefore, we recommend that the longest term the Town consider is 30 years. Additionally, we have provided a document from Standard & Poor's which discusses some of the items considered when they evaluate sales tax bonds. This discussion is provided in Appendix B. Investment Banking _ ~i'{?E~lt:S FC?R 'g' /'~ - 5 - -..... t.-...._._-"' ~`9 ~41.Gt 4~1~r14"Fr~tr i. `.f c ~r 4- ~~'~^ti ,; ,~ ~' ~ ~ g x i ~~ .,ice E Y ~~c 4~~ i ' - ~. - C~ ~ _ ~ ("~' i` ~~ 1=. { ~_ ; - { ( ~:- ~' i; . ~_ ,. 5. Will the issuance of bonds for the conference center impact the Town's future ability to issue debt for other projects? If so how or to what extent? The issuance of these bonds will not have a significant impact on the Town's ability to issue debt in the future. Any future debt issues by the Town will be evaluated based on the projected revenues to cover those issues. Since the i:ax increases voted for this project are dedicated solely to the conference center, this bond issue will not impact future issues. We have confirmed this with the ratings agencies. The only impact the conference bonds will have on future debt issuance will be indirect. One of the factors rating agencies evaluate is the overall debt level of each issuer. While this issue will increase this overall level, it will still be relatively low,so the Town's ability to issue future bonds will not be negatively impacted. 6. List any major assumptions you have made in developing a proposal to finance this project. To complete our analysis we have made the following.assumptions: Interest rates based on prevailing market rates as of 4/07/04. ^ Bonds will be issued 6/1/04 with a final maturity of 12/1/34. ^ Bonds will receive an investment grade rating (A2 to A3 range) . - Bonds will be insured by a major AAA rated municipal bond insurance provider. • Debt service reserve fund will be cash funded. • Town will not contribute any existing fund balances to the transaction. ^ Bond sizing is based on the costs of issuance outlined under question 2. • Construction Fund is net funded based on market rates as of 4/6/04 (See explanation below) . Since the construction will not begin the day the bonds are issued the Town may invest the construction proceeds until they are needed. Instead of sizing the bond issue to generate $42,500,000 on the day of closing, we have sized the bond issue so that on day one bond proceeds will be invested and with interest earnings will grow to be $42,500,000. Structuring the bond issue using this method (net funding) lowers the borrowing requirement and thus debt service. The following table displays our assumed project cash flows and investment earnings. Investment Banking _ - ~.,..--.. .._... t -... - .. ~~' - - -- ~~. ~ i }~~~~~~1~ z~ _®peration~f ~ro1ect Construction Fund _ ate Princi al Rate Interest __ . Zero Cou on Reinvestment -- -- Recei i ---._._- Cash o6rolrzooa - - s Disbursements Balance 12/01rz004 _ _ i 405,758.41 - (405,758.00) 0.24 - 0:24 06/01/2005 1,963,159.00 1.290% 431 083 15 _ 0'41 - 0.65 , . I2/OIrz005 - 405,758.41 405,758.00 (405,759.00) 2.800,000.15 2.800,000.00 0.80 ON01(1006.___...__L2,421..$.~6,00......._L,860°h_.. _ ~~ (0.59) - 0.21 12/012006 12,943,098.00 2.I10•k 290,235.53 --- ---~---- 4p$'7$9.:00... 17,.23.3.,J37,41_ .. _____..___1~,2~3 ~33.~}3„_. ..___9.29. 06/OIR007 13,079,647.00 2.}50y, 153,685.85 _ 13,233,333.53 13,233,333.33 ._,__- 0.49 Total 540,407,720.00 52,092,279.76 - (811 517 00) 13,233,372.85 13,233,333.34 , . S811 17.00 .S 542,500,000.00 542,500,000,00 Investment Parameters Cash Deposit Cost of Investmrnta Purchased with Bond Proceeds 0.24 Toml Cost of Investments ': 40,407,720.00 ..__ ................... _......._._-................_..._....-_ ____~40 407,72024 Yeld_!o,ReceiP__!.._._._..._.._....___._. Yield forA bi!ra e_Pq, _..._._ --'-'---~ .. 2.1i62781Y ----------~_..._._._._.. . ......._..._._._. .. ~ 4.7438 64% State and Local Government Series SLGS rates for 4/06!2004 7. List all reservations you have regarding the financing of this project with the above mentioned assumptions: The major reservation we have regarding this bond issue is the certainty of the project costs. It is sometimes difficult to re-enter the market with a second issue at a later date in order to cover the project fund short falls. While it may be impossible to know the exact construction costs for a project that will not begin for one to two years,. we believe the Town should have a strong comfort level regarding the projections before a bond issue is marketed. We have no other reservations regarding this sale. We have reviewed the revenue projections and the project assumptions and. we are corifident we can successfully market this bond issue. 8. The committee is interested in doing a public auction for the sale of the bonds versus a negotiated process. Please provide your experience over the last 3 years doing public auctions for bonds, identify the amounts and yields of the outcomes of those auctions. Do you see any implications or changes in fees by doing a public auction with the investment banker playing the role of financial advisor and facilitating the public auction of the bonds? Over the last 3 years Piper Jaffray has served as financial advisor on 627 bond issues for a paramount of over $17,528, 000,000. Due to the large number of these transactions we do not have the space in this proposal to list the result of each sale. However, in Appendix C we have listed each of the bond issues for which Linda Clark or Jonathan Heroux has served as financial advisor. If the Town desires, we will be happy to provide the final yields for any of these individual sales. In order to conclude useful information from these final yields the Town will also Investment Banking _ ~t.ItTit:s FOR -7- ..-...-A__.._..._.. ~-fl~M Af~O..~-:w..~~~ ~i-~ . . ~_ _ __ need a national index to compare with the sale results. Since the municipal bond market changes daily, the Town will also the national ~ index from the carne day the bonds were sold. :.~~ ~ r-I f~ ~-~ ~''~~ ~ As we discussed during our initial resentation P ,one of the services we ~~ ~{ 1 ~{~~ `'- provide our clients is to compare our negotiated pricing results with the ~ ~ ~~~ ~ national index (MMD) for the same da .This "~_ ~ y comparison is assembled r -~~ r~~ ~,; ~° not only for the benefit of our clients, but also to measure the ,~~~~~€ ~ ~~' ~` ,' performance against our high internal standards. Please let us know if the Town would like to see one of these recent comparisons. 'f f E - Our proposed negotiated underwriting fee of $6/bond is composed of i two elements: takedown and management fees. The takedown is used to pay our underwriting desk and sales force to market and distribute the ' ~ bonds. This portion of the fee is $5/bond. The management fee is paid ` to the investment banking team for presale activities. This fee is. ¢ $1/bond. t If the Town decides to use a competitive sale(public auction)to market `~ the bonds the presale activities will still be the same so our financial advisory fee would be $1/bond. The winning bidder in the competitive _ ~' ~ ~ sale will also have to pay its sales force and underwriting desk. This fee could be anywhere from $4/bond to $6/bond, thus the total cost to the .~ Town could be more or less, but this cost will not be know until after the sale. The other costs of issuance (bond counsel, ratings fee, ' trustee...) will be the same re ardle g ss of the sale method. ~~.~ ~ - i _ While costs of issuing the bonds are an important consideration when ,- '" ~ ' r- comparing negotiated versus competitive sales, there are several other f< factors which should also be considered. One factor is the complexity of ;~ ~''-; the bond issue. Cornpetitive sales are a very efficient method for I' ~ _ distributing simple bond issues. General obligation bonds, particularly ` "~ school district issues, are well suited to competitive sales because the ' ~ credit is straight forward and easy to understand. As the bond issue ~'~ 'I becomes more complex a negotiated sale is more beneficial. Sales tax K, ` revenue bonds typically fall under this category. When a complex bond ~ ' ' issue is sold through. a negotiated sale the investment banking team is ~ ' ~ - able to work with its sales force to explain the credit and source of ~, - 3. revenues to the potential buyers. If these buyers understand the credit ` ~` they are more likely to purchase the bonds at better rates. ~~ ` _ An additional consideration is the loss of flexibility when using a ~ competitive sale. When using a competitive sale the principal amounts of the bond issue are locked in a few weeks prior to the sale. If the bond market moves before the sale, or depending on the coupons of the a wining bid, the issuer's final debt service schedule may not resemble the ,~ .~: _.._. 4~ _. Investment Banking _ r,.._._.. __... I __ ,~ ' ~ 7;~~ 1' "~.~ ~ ~ r-. f _ + r, >: desired structure. This is particularly important when coverage ratios are tight or when an issuer has a desired maximum level of annual debt service. With a negotiated sale the principal amounts and coupon structure can be changed at anytime, including during the sale. Thus, with a negotiated sale it is guaranteed that the issuer will have its desired debt service structure. A second factor regarding flexibility is the timing of the bond issue. In a negotiated sale the underwriter may set a sale date or may list the date as day to day and then enter the market when the condition are optimal. With a competitive sale the pricing date is set a few weeks in advance and is rarely changed. While an issuer can move a competitive sale date once it has been set it is not recommended. Since the potential bidders must invest time in researching and selling an issue they may not even win, they become less interested if it appears the sale date is not firm. Finally, if the Town's board would like the bonds to be made available to residents of the Vail Valley and Eagle County then a .competitive sale would not be the preferable method. Under a competitive sale the issuer does not know who the bonds will be sold to until after the sale. If the winning bidder does not have a retail sales force or is based in another state, it will most likely distribute the bonds to institutional investors only. If Piper Jaffray is selected to sell the Town's bonds on a negotiated basis we can start the sale with a retail order period, thus ensuring .that bonds will be available to individual investors. Which ever sale method the Town decides upon we are well suited to serve its needs. We would appreciate the opportunity ~to serve the Town as either a financial advisor or an underwriter. Investment Banking ~i~7E~}E5 FP'R - - ~._,_. -- 1~a4,~~T~,-,,., APPENDIX A Projected Cash Flows and Coverage Ratios Sales Tax Cash Annual Funded Annual Annual Year Revenue from Dedicated Additional Funds Net Debt Available Service D bt Debt Service Funds Available Funds Annual Available Operatin Capital Maintenance Other Yearly Net Cumulative Taxes e for Debt Payments Service Coverage After Debt g Loss After Reserve Expenditures Cash Flows Net Fund Pa menu Service Service Operating Contirbution Balance 2003 2004 3,343,447 3,274,466 - 3,343,447 - - 3,274,466 (891,816) - 3:67 3,343,447 2 382 650 Loss - 3,343,447 - 2 - 3,343,447 3,343,447 2005 3;196,774 - 3,196,774 (2,568,633) 1.24 , , 628,141 ,382,650 - 628 141 - (210,000) 2,172,650 5,516,097 2006 3,330,929 - 3,330,929 (2,568,820) 1.30 762,109 , - 762 109 - - (2,037,330) (1,409,189 ) 4,106,908 2007 3,557,418 300,000 3,857,418 (2,569,908) 1.50 1,287,510 , (1,113,920) 173,590 (40 000) (500,938) 261,171 - 133 9 4,368,079 2008 3,681,127 300,000 3,981,127 (2,567,898) 1.55 1,413,229 (940,046) 473,183 , (70 000) ,5 0 - 403 4,501,669 2009 3,798,346 300,000 4,098,346 (2,572,273) 1.59 1,526,073 (827,939) 698,134 , (80 000) ,183 - 618 134 4,904,852 2010 3,920,224 300,000 4,220,224 (2,568,473) 1.64 1,651,751 (774,416) 877,335 , (100,000) , - 777 335 5,522,987 6 300 2011 4,047,036 300,000 4,347,036_(2,571,503) 1.69 1,775,533 (743,293) 1,032,240 (135,000) , 897 240 , ,322 7 197 2012 4,148,514 300,000 4,448,514 (2,571,353) 1.73 1,877,161 (765,592) 1,111,569 (220 000) , - 891 , ,562 2013 4,252,567 300,000 4,552,567 (2,568,338) 1.77 1,984,229 (788,560) 1,195,669 , (250 000) ,569 - 945 669 8,089,131 9 034 8 1 2014 2015 4,359,261 4 468 665 300,000 4,659,261 (2,567,818) 4 1.81 2,091,443 (812,216) 1,279,227 , (275,000) , - 1,004,227 , , 0 10 039 028 2016 , , 4,580,846 - ,468,665 (2,569,013) - 4 580 846 (2 567 613) 1.74 1 78 1,899,652 2 01 (836,583) 1,063,069 (300,000) - 763,069 , , 10,802,097 2017 4,695,878 , , , , - 4,695,878 (2,566,538) . 1.83 , 3,233 2,127 340 (861,680) 1,151,553 (887 531) 1 239 809 (350,000) 400 0 - 801,553 11,603,651 2018 4,813,833 - 4,813,833 (2,571,498) 1.67 , 2,242,335 , , , (914,157) 1,328,178 ( , 00) (415 000) - 839,809 - 913 178 12,443,460 13 356 2019 2020 4,934,786 5 058 815 - 4,934,786 (2,571,188) 5 1.92 2,363,598 (941,581) 1,422,017 , (420,000) , 1,002,017 , ,638 14 358 655 2021 , , 5,185,998 - ,058,815 (2,567,508) - 5,185 998 (2 570 358) 1.97 2 02 2,491,307 2 615 64 (969,829) 1,521,478 (425,000) - 1,096,478 , , 15,455,134 2022 5,316,417 , , , - 5,316,417 (2,569,843) . 2.07 , , 0 2,746 574 (998,924) 1,616,716 (1 028 891) 1 717 683 (435,000) 435 0 - 1,181;716 16,636,850 2023 5,450,154 - 5,450,154 (2,570,208) 2.12 , 2,879,946 , , , , (1,059,758) 1,820,188 ( , 00) (435 000) 1,282,683 - 1 385 188 17,919,533 19 30 2024 2025 5,587,297 5 727 931 - 5,587,297 (2,571,095) 5 727 2.17 3,016,202 (1,091,551) 1,924,651 , (435,000) , , - 1,489,651 , 4,721 20 794 372 2026 , , 5,872,147 - , ,931 (2,567,895) - 5 872 147 (2 570 538) 2.23 2 28 ;5,160,036 :! 3 1 (1,124,297) 2,035,739 (435,000) - 1,600,739 , , 22,395,111 2027 6,020,038 , , , , - 6,020,038 (2,569,300) . 2.34 , 0 ,609 <t,450,738 (1,158,026) 2,143,583 (1,192,767) 2,257 971 (435,000) (435 000) - 1,708,583 - 1 822 24,103,694 2028 2029 6,171,698 - 6,171,698 (2,569,183) 2.40 3,602,515 , (1,228,550) 2,373,965 , (435,000) , ,971 - 1 938 965 25,926,665 27 865 630 2030 6,327,223 6,486,715 - 6,327,223 (2,569,023) - 6 486 715 (2 569 453) 2.46 2 52 3,758,200 3 917 262 (1,265,407) 2,492,793 (435,000) , , - 2,057,793 , , 29,923,424 2031 6,650,275 , , , , - 6,650,275 (2,570,228) . 2.59 , , 4,080,047 (1,303,369)..2,613,893 (1;342,470) 2,737 577 (435,000) (435 000) - 2,178,893 - 2 302 5 32,102,317 2032 203 6,818,008 - 6,818,008 (2,571,103) 2.65 4,246,905 , (1,382,744) 2,864,161 , (435,000) , , 77 - 2 429 161 34,404,894 36 834 055 3 6,990,022 7 1 4 - 6,990,022 (2,571,833) 2.72 4,418,189 (1,424,226) 2,993,963 (435,000) , , - 2,558 963 , , 39 393 019 7 4 7 6 7 4 7 1 4 6 1 4_ (435.0001 , - ~ aos eno , , eo noo ~~o APPENDIX B Standard & Poor's Report Sales T'ax Bonds CLO; ,Credit Ratings -Credit Ratings Criteria Credit Ratings Public Finance Criteria: Sales Tax Bonds Analyst: David G Hitchcock, New York (1) 21238-2022; Colleen Woodelf, New York (1) 212-438-2118 Publication date: 12-Nov-02, 17:23:36 EST Reprinted from RatingsDirect Quick Links When assigning a sales tax bond rating, Standard & Poor's Debt Service Coverage and R ti evaluates the stability, diversity, and magnitude of the pledged revenue stream, plus the level of coverage of future m i a ngs ax mum annual debt service and the bond covenants restricting additional Economic Concerns debt issuance. When an issuer's retail base shows broad Implications of Sales Tax economic diversity, no concentration by retailer, good stability in economic downturn;, and legal covenants and debt service Growth Trends coverage levels are particularly strong, sales tax bond ratings Historical Data Reviewed can exceed that of a municipality's. general obligation rating. In some cases, a state may remit pledged sales taxes directly to an Additional Bonds Test entity that is legally and functionally independent from the Cushion Against Declines municipality generating the sales tax. In such a case, the sales tax bond rating can also be much higher than th b f Open Flow of Funds e ene iting municipality. Nevertheless, sales tax ratings are typically affected by factors similar to those included in a general obligation rating and therefore the sales tax and general obligation ratings may be similar in credit quality. Debt Service Coverage and Ratings A common question that is asked of Standard & Poor's is, "What level of debt service coverage will result in an 'A' category rating?". The answer is that there is no fixed level of coverage or additional bonds test that will result in a given rating, in that coverage levels and legal provisions need to be sufficient to cover possible-future economic downturns, as well as the possible failure of a large local retail generator or regional mall. The degree of retail concentration and the exposure to economic downturns will obviously vary from one municipality to another. Typically, sales tax coverage levels range from 1.10x-3.0x, with most coverage levels and additional bonds test ranging from 1.25x-1.50x. However, issuers may choose to structure in higher coverage and reserve levels to attain a particular rating level, to the extent the diversity and strength of the retail economic base may allow upward rating revision. T back to to Economic Concerns The health of the local economy is central to the rating process. As it does when rating other types of municipal issues, Standard . & Poor's initially evaluates the diversity and growth of an economy. The main emphasis is on the breadth of the sales tax base, both by diversity of retailer and on the items taxed. As a general rule, levies on the widest range of items earn higher ratings than those on limited categories of goods and services, (for example a sales tax only on gas or restaurant sales may somewhat narrow the tax base, as might a jurisdiction dependent on limited number of auto retailers, while grocery sales inclusion Q, ." may provide greater stability). Standard & Poor's reviews cyclical factors, such as tourism, that could cause fluctuations in sales tax receipts. Sales tax growth rates are also considered in the rating process, but should not be wholly relied upon. High growth may afford somewhat stronger ratings even with weaker debt service coverage, if it appears that current economic activity will shortly produce higher debt service coverage levels, and a strong additional bonds test will lock in the expected higher coverage levels for the later years. Thus, to some degree credit may be gained for rapidly growing areas. However, the strongest situations will generally consist of those in which current historical sales tax collections can already cover future maximum annual debt service by a comfortable coverage margin. ,Debt service coverage wholly dependent on future economic growth, particularly over sustained long term annual growth, will likely weaken a bond rating. T bask to tv Implications of Sales Tax Growth Trends One of the strongest credit features of sales tax revenues is that they are inflation driven. Revenues and debt service coverage will increase in inflationary periods, even if a local economy does not grow in real terms. Of course, the opposite will occur if prices fall. Projections of sales tax revenues tend to be imprecise and depend on a number of assumptions about such variables as the level of future construction. Consequently, although Standard & Poor's reviews future projections of sales tax growth, it does not use them as a major basis for a rating. Recognizing the uncertainties in forecasting precisely when new growth will occur, Standard & Poor's bases its ratings primarily on revenues generated from an existing economic base. Diversity of retail outlets is another rating factor. For instance, in a very small town, a large portion of revenues may come from one shopping mall or an auto dealership that may face future out- of-town competition, or whose proprietor may fold. For smaller cities, Standard & Poor's may ask for a list of the top 10 retail outlets as a percentage of total sales to determine retail concentration, or to see retail sales by economic sectors. As an example, a concentration in auto dealerships may indicate especially cyclical retail sales. A poorly performing or concentrated economy may limit the upside potential of a bond rating, despite high debt service coverage. State confidentiality laws may preclude the releasing of actual names of the largest retail generators-in such cases Standard & Poor's will accept retail figures without the release of the specific name of the retailers. T hark f0 t4 Historical Data Reviewed Standard & Poor`s usually asks for at least five years of historical tax revenues or, if the tax is newly imposed, five-year pro forma tax data based on historical retail sales from jurisdictions with overlapping sales tax levies. Sales tax data that is merely estimated based on sample surveys lack historical rigor. Trends in revenue growth, particularly cyclical fluctuations, are examined. Higher coverage levels may provide some protection from cyclical revenue factors. Fast growth in retail sales, a positive factor from a coverage standpoint, also may indicate a growing economy with substantial future capital needs. Standard & Poor's carefully examines a municipality's capital plans and makes a judgment about future bonding needs, in conjunction with legal covenants regarding the additional bonds test. Rapid growth alone may or may not be positive for ratings, depending on the size of the banding needs that accompany it. In this respect, the historical level of debt issuance may indicate future restraint or liberalness. In addition, if sales taxes comprise a substantial portion (30% or more) of a municipality's general fund, it may be safely assumed that there will be a level of restraint in future bond issuance. Otherwise, the issuer's general fund would be strained by payment of debt service. T back to to Additional Bonds Test Since sales tax revenues are typically generated from a fixed tax, the additional bonds test is very important. It all but ensures a minimum level of debt service coverage after future bond issuance. Additional bonds tests specify that historical revenues must cover future maximum annual debt service by a set percentage after a bond sale. Higher additional bonds tests and coverage levels lead to higher ratings unless the issuer's economy becomes a limiting factor. Additional bond coverage tests range from 1.2x coverage of debt service to 3.Ox or more, with most tests in the 1.25x-1.5x range. Additional bonds tests and debt service coverage do not solely determine a sales tax rating. However, additional bonds test take on greater importance for sales taxes, which are based on gross revenues, than for enterprise related debt, in which net revenues support debt service. r back to to Cushion Against Declines The coverage specified in the additional bonds tests should provide a sufficient cushion against revenue declines. No particular level of debt service coverage or additional bonds test leads to a specific rating or the same rating, since each economy is unique. A limited number of municipalities have the ability to increase the pledged revenues. This tremendously enhances credit quality when backed by a rate covenant, assuring Standard & Poor's that taxes will be raised in a timely fashion. Provisions allowing issuance of variable-rate debt or deals involving swaps with ~ variable rate should address the potential for interest rate fluctuations and the transaction should show strength during a variety of stress scenarios. A fixed asset stream, such as a sales tax, cannot easily cover variable interest liabilities, except when assured of very high coverage. If variable- rate debt has a demand feature, that option, as well as any accelerated repayments to a bank under a liquidity facility, should either be subordinated to long-term principal and interest payments or be considered parity debt and covered by yearly historical .revenues per the additional bonds test. r back to to Open Flow of Funds Most sales tax bonds have an open flow of funds, whereby revenues not needed to pay debt service revert to the municipality. Cities that subsequently use surplus sales tax revenues for ongoing general fund expenditures have less incentive for additional sales tax bonding, a positive feature. Dti~c~rn~italiUrt R~quirentc-a~L~ Qff~cial ~~t=r:~ ent - Frv e years' audited hn~,ru,:l :~~ternerns ° L~-nc rescluhon erleg,~l in~ar,hrra ° Ret~l sales g~ner~ted in ~h~ cl?~~ged area Tcr3-'r7ret~ls~e9r~ener<rcrs(.flegil~y-b~~ila~lel r:d~lr~~alclsbtpl~ns t*r . T bacA to to Regulatory Disclosures Privacy f\lotice Terms of Use Disclaimers Site Map Help Copyright (c) Standard 8 Poors, a division of The McGraw-Hill Companies, Inc. All rights reserved. APPENDIX C The following list displays all of bond issues for which Jonathan Heroux or Linda Clark has served as a financial advisor over the past 3 years. Sale Date Jssue Size Issue 3/2/04 $17,210,000.00 s"City of Greeley, Colorado, Water Revenue Bonds Series March 1 ! , , 2004 12/2/03 $1,870,000.00 City of Dillon, Montana, Consolidated Special Improvement District No . ;2003-1 and Refunding Bonds (Special Improvement Districts Nos. 33, ~34 and~Series 2003 11/13/03 _ $148,000,000.00 City and County of Denver, Colorado, General Obligation Medical 10/30/03 Facilities Bon_ds_(Denver Health and Hospital Authority Series 2_0036 $73,400,000.00 ;State of Montana, Tax and Revenue Anticipation Notes Series 2003 10/7/03 , $29,295,000.00 Johnson County Water Supply District No. 1, Missouri, Water Revenue __~Refunding Bonds, Series 2003 6/3/03 $12,500,000.00 City of Boulder, Colorado, Central Area General Improvement District ~ , ~____; General Obligation Bonds, Series 2003 5/21/03 $19,000,000.00 Park Creek Metropolitan District, Colorado, Subordinate Limited _ Prop~~Tax Sup orted Revenue Bonds, Series 2003A P 5/21/03 $10,000,000.00 ra k Creek Metropolitan District, Colorado, Subordinate Limited ~ 5/20/03 Prop~ Tax Supported Revenue Bonds, Series 20036 ~ $9,730,000.00 State of Montana, General Obligation Long-Range Building Program _ Bonds Series 2003A 5/20/03 $1,250,000.00 State of Montana, General Obligation State Building Energy _ Conservation Pram Bonds,. Series 20036 4/8/03 ___ $28,245,000.00 City and County of Denver, Colorado, Excise Tax Revenue Refunding __ Bonds, Series 2003 3/6/03 $35,000,000.00 City and County of Denver, Colorado, General Obligation Auditorium Theatre and Zoo Bonds, Series 2003A 2/18/03 ~ $7,380,000.00 'City of Greeley, Colorado, General Obligation Water Refunding Bonds , Series February 15, 2003 2/4/03 $34,000,000.00 City of Greeley, Colorado, Sales and Use Tax Revenue Bonds Series , } 2003 11/19/02 $200,000,000.00 State of Colorado, General Fund Tax and Revenue Anticipation Notes _9 , _ _ _ Series 20026 11/6/02 ~ __ $1,125,000.00 (Windsor Northwest Metropolitan District Weld County Colorado 10/17/02 7/2/02 ~ , , , _._......,,.___.,... _ __ __~ Limited Tax Bonds, Series 2002 $92,800,000.00 State of Montana, Tax and Revenue Antici ation Notes, Series 2002 $10,475,000.00 tState of Montana General Obli ati L , g on ong-Range Building Program ~ 2 ~ ~ ;Bonds, Series 20026 2,500,000.00 .State of Montana, General Obligation State Hard Rock Mining R l 6/27/02 ; ec amation Bonds, Series 2002C $800,000,000.00 iState of Colorado, General Fund Tax and Revenue Anticipation N~ otes, ~ __......... (Series 2002A _._.. _._ ~~~ 6/4/02 ~ ! $7,355 OOO.OO ~City of Boulder Central Area General Improvement District (CAGID), Colorado General Obli ation Refundi B d g 4/23/02 { n on s, Series 2002 ___.__.__._...._,__..._ ___..~-,~ _._...._._.__.... . $13,960,000.0~~~ 0Johnson County Water District No. 1, Kansas, Water Revenue efundin Bands Serie s 2002 ~ , , ._._ .......... ........ _. Sale;D~te IssueSize Issue I 4/2/02 ? $30,700,000.00 City and County of Denver, Colorado, for and on behalf of the Wastewater Management Division of its Department of Public Works, Wastewater Revenue B d 2/26/02 $52,500,000.00 on s, Series 2002 City and County of Denver, Colorado neG eral Obligation Bonds (Art M _ !1/9/02 $9,900,000.00 __;._ useum Series 2002 'School District No. 134, Canyon County, Idaho, General Obligation 12/4/01 $9,250,000.00 School Bonds, Series 2002 City of Boulder, Colorado, Library Capital Improvement Refundin g j Bonds, Series 2001 11/13/01 $28,830,000.00 City of Boulder, Colorado (Acting through its Water Utility Enter rise p . and its Wastewater Utility Enterprise) Water and Sewer Revenue Bonds, Series 2001 10/1/01 $3,450,000.00 Cordillera Property Owner's Association, Colorado Revenue Bonds , , Series 2001 8/7/01 $5,225,000.00 .City of Boulder, Colorado, Parks, Recreation and Municipal Ca ital 5/30/01 $1,600,000.00 p Improvement Refunding Bonds, Series 2001 State of Montana, General Obligation Bonds (Informatio T n echnology) Series 2001 C 5/30/01 $1,250,000.00 State of Montana, General Obligation Bonds (State Building Energy C onservations Series 2001 D 5/22/01 $49,300,000.00 E-470 Public Highway Authority, Colorado, Vehicle Registration Fee Bonds, Series 2001 5/3/01 $11,430,000.00 State of Montana, General Obligation Bonds (Long-Range Building P 4/24/01 $24,280,000.00 rograms Series 2001 B Johnson Coun yt Wa et r District No. 1, Kansas, Water Revenue 4/24/01 $70,000,000.00 Refundin Bonds, Series 2001 City and County of Denver Colo d P , ra o, ark Creek Metropolitan District, Limited Property Tax Supported Rev enue Bonds, Title 32, Co-FA, Series 2001 4/24/01 $75,000,000.00 City and County of Denver, Colorado, Park Creek Metropolitan Distri t 1/16/01 $1,500,000.00 c ; Tax I~nt__._Supported Revenue Bonds, Co-FA, Series 2001 Canyon County School Distri t N - c o. 139, Idaho, General Obligation School Bonds, Series 2001 Ki~°k~atrick Pettis .: _~ ;.., r_. -- C ~r ~~s~ r r e~ o Town of i/ail Conference Center Financing REVISED ANALYSIS ~4~ril a 2004 IC~rkpatrick Pettis A Mutual of Omaha Company ~.} 3 E: s ~_ i ~. ,1, TABLE OF CONTENTS Follow-Up Interview Section I References Section II KPAuction.com (summary) Section III Financial Schedules . Section IV AAA (Insured) Fixed Rate Bonds (Par & Premium) COVERAGE NOT MET Scenario lA AAA (Insured) Fixed Rate Bonds (Par & Premium) COVERAGE MET,• REDUCTION IN RESERVE Scenario 18 AAA (Insured) Fixed Rate Bonds (Par & Premium) -Updated Rates COVERAGE MET,• REDUCTION IN RESERVE Scenario 1 C AAA (Insured) Fixed Rate Bonds (Par & Premium) -Updated Rates COVERAGE MET,• REDUCTION IN RESERVE +DSDA (Source) Scenario 1 D Senior/Subordinate Structure -Updated Rates SUB BONDS FILL COVERAGE "GAP"; DSDA Scenario 2 Floating Rate Bonds with 5% Cap -DSDA Scenario 3 AAA (Insured) Fixed Rate Bonds (Par & Premium) ASSUMED SEPT 2005 ISSUE (RATES INCREASED 1 %) Scenario 4 I°®II®vv~up Intervsevv Town of Vail Conference Center April 8, 2004 fVow that rates have begun to move (at least for the moment), it reveals the keys to our unden~vriting proposal: flexibility and alternative finance plans. Requiring the previously collected sales tax to be deposited in to an operational reserve plus recent interest rate increases stress the model such that our added value options become even more compelling: 1) the senior/sub and floating/cap structures develop more net proceeds than the straight fixed rate insured model. - we have met with two bank letter of credit providers, and each has indicated a preliminary concurrence to the plan of finance. 2) the DSDA mechanism creates approximately $800,000 in "free cash" for the project. - KP has extensively used this product for clients seeking to maximize spendable proceeds. 3) The KPAuction.com auction site is a propriety Kirkpatrick Pettis product used extensively to produce excellent results fora straight- forward fixed rate insured transaction. - KP has conducted more auction sales than any other broker- dealer in the nation. 4) Lastly, if the costs of the Center increase, our plans provide for financing options which can accommodate additional proceeds. 1 ( o }` tai j ._~. I ~_ ,~ Set forth below are responses to the Town's additional questions 1. Can your company, finance _ the__project_.with.. the_ above-- ment~oned assumptions. lf not what project cost could be financed? Yes -the project can be financed under these assumptions, but, depending upon key variables, a scenario other than Scenario 1 (fixed rate insured) may be necessary to achieve all key objectives. ~. What rates, insurance costs and fees would be required to finance this project? Today's interest rates (which have risen roughly 40 basis points since we last met and demonstrate why your bankers need to provide flexible plans) plus reasonable bond insurance costs (we estimated based on our prior experience and have also orally confirmed with some insurance providers. -responses provided a range. of 32-42 basis points). Costs of issuance are within normal expectations, and we have better control over these. 3. Do you propose a debf reserve or surety bond? I-low much (fees and or rates) would that cost? A surety bond is estimated at 2% of par amount (again, experiential c;stimate) and is generally a better option if net spendable proceeds is a key objective. 4. Can you develop a coverage rate that would enable these bonds to be marketed? What is that coverage rate? The Town lives under an additional bonds test (ABT) of 1.50x historical collections. Our experience with other mountain communities is that 1.40 x Debt Service Coverage (DSC) can be achieved, and that is what we have assumed. 5. Will the issuance of bonds for the conference center impact the Town's future ability to issue debt for other projects? If so how or to what extent? Only to the extent that this unique sales/lodging tax revenue . is the source of repayment. The only ABT limitation that should apply to the Town is that it must achieve 1.40 ABT for additional debt secured by the pledged Conference Center 2 Taxes -otherwise this debt should have no impact on other debt issuance in the future. Remember, the "deal theory" behind this financing (as to which we subscribe), is that the bonds will be secured solely by pledged revenues -and not seek a source of repayment (nor affect such other sources) other than pledged revenues. This is very similar to the RFTA pledged sales tax revenues with which we have worked in Pitkin County. ~e List any major assumptions you have made in developing a proposed to finance tdais projecf Assumptions: ~ Net Project Cost = $42.5 mm. Level draws from September 2005 .through January 2007. ~ 2003 collections of $3,538,756 assumed as projected annual Pledged Revenues. For purposes of bond sizing, historical (not inflated) collections are key. $600,000 of operating expenses assumed. Inflation on revenues or expenses is not estimated. Any net income resulting thereby increases operational revenues. ~ $5.9 mm of collected Pledged Revenues available in December 2004. $8.85 mm of collected Pledged Revenues available in December 2005, as applicable in Scenario 4. Maximum of 30-year amortization. VI/hile 35 years is a possibility, current institutional feedback is that 30 years is the maximum- lengthening the amortization schedule is achievable (we do it all the time in FHA insured housing) but at a yield cost to the Town - so we have not assumed such. ~ Maximum annual debt service of $2.7 mm. In all cases where either debt service or debt coverage is maximized, the Reserve Fund made up of available Pledged Revenues was tapped to reduce the par amount. ~ Operating Expenses assumed to be subordinate to debt service. ~ A funded capitalized interest reserve is not needed. It is assumed that collected Pledged Revenues are sufficient to cover debt service during the construction period. ~ Bank LC fees and cap escrow fees, as applicable on variable rate bonds, are assumed to be subordinate to debt service. ~ A premium bond structure (coupon greater than yield) was used in the fixed rate bond scenarios on the longer 3 "~ maturities. Note: the estimated DSDA proceeds are based on the mar amount, not the amount of proceeds. ` I - Interest Rafe Assumptions: 1. Fixed Rate Bonds a. Scenarios 1 a and 1 b estimated rates from March 9, 2004. b. Scenarios 1 c, 1 d and 2 estimated rates from April 6, 2004. c. Scenario 4 estimated rates from March 9, 2004 + 100 bps. 2. Variable Rate Bond rates (Scenarios 2 and 3) assumed to be 1.09% for year 1; 2.09% for year 2; - and, 3.09% (the 10-year historic average) for the remainder of the term. ~~ - While not approved at the credit committee level, we have met with .two bank letter of credit providers and have received a reasonably good level of comfort as to their ability to commit to our plans of finance. 7. List all reservations you have regarding the financing of this project writh the above~mentioned assumptions. We need to verify that the rating agencies will agree to reduce your DSC to 1.40x. We need to formally "price" the bond insurance, and we need to identify any concerns that the rating agencies might have as to a distinction between the reliability of sales and lodging tax revenue. If scenarios other than #1 are pursued, we will need formal credit approval from the credit facility prior to moving forward (again, this plan of finance has been discussed with two banks with positive feedback), along with confirmation as to cap costing. 8. Auction Kirkpatrick Pettis has more experience selling bonds at public sale via an auction web site than any other broker/dealer in the country. Our web site, KPauction.com, is used to sell high grade, fixed rate tax-exempt bonds to qualified instii:utional broker/dealers. A detailed presentation of KPauction is attached, including case studies and an auction history for the last several years. Chris Blackwood will be able to discuss the merits/costs of an auction in greater detail at the presentation. 4 ~U_ P~it978rV VVe believe the financing is achievable. If hired, we would work with the Town and its consultants on an expedited schedule to finalize a mutually agreed upon plan of finance and would also definitively confirm key assumptions. Our experience and reputation is very well known in the Vail Valley and other mountain resort communities -that when Kirkpatrick Pettis works on an assignment, we do so with diligence, integrity and commitment. Our successes (among which is a $248.5 million issue we closed last week for Freddie Mac) are the keys to next financing; so we endeavor as best as possible not to change or disappoint an issuer's expectations. Please feel free to call any of those clients listed on the attached references. V1/e look forward to working with you. 5 ,--- - _ -' ~ - a T- Fixed Rate Finan • sing Scenarios -, - -- , ~,~! scG~r,a.rios ~~~~ni i ~ fi~:e~~~ rafies; ~) $4L..~ n~i'IGn ~r<~iecf fund, :~) ;~J y-zc~r te~rr;, 3) suret•,~ h~n~ ~~c~ 4) ~c?n~ i; ~s~~r~ar~c°, _ _ - - , l.a. -BASE SCENARIO 4.21% $5.9 1.35x $2.62 .interest rates 3/9/04 . Reserve = $5.4 l.b. - 1.40x COVERAGE 4.21% $4.4 1.40x $2.53 .Interest rates 3/9/04 • Reserve decreased to meet 1.40x coverage , 1.c. -INCREASED INTEREST RATES 4.67% $2.25 1.40x © Interest rates 4/6/04 $2.53 • Reserve decreased to meet 1.40x coverage l.d. -DSDA ADDED 4.67% $3.00 1.40x ® Interest rates 4/6/04 $2'53 . DSDA = $769,400 • Reserve decreased to meet 1.40x coverage 2 Kirkpatrick Peftis A Mutual of Omaha Company .. ~ . f--1 ~ -~ [-~ [-~ `~ . . ~~ en'r Sub `~ ®rd'nate Var' able Rat ~s~a~~s~ ~~te~~at~v 3 Kirkpatrick Pettis A Mutual of Omaha Company AEI scer~ ~ ~ . -~ car-ios Assume 1) fixedlvariable rates; 2)_ $42:5 m~ill,on~ project fund; 3~ 3Q ear- t .4)` Le,tter~ of Credit f©r.;var~able rate, Qrtfon: 1 Y erm; and ,, [-'-~ , ,7x ~'~ ~F Interest Rate Risk Anal ' ys~s 5 ;, The second scenQ~ icy nne"~ ,; \ ~ .. ;... . ; ,~ _: Q + (. ear'Deld,~)~~assurri„s the saie date~is in°Sept.~`~1~U"~a°ncl ir~te,-~st 1"t"Ite~''~~crea~,~ ~ 1 7-. f71~ IY1 r ~ ~~ / /~'/ j.~ ~ c ~u ~a,,~ pp~, its` f~ ~~ ~ he ~ 9~ ~+ irifzres~ r.c~te5. ThP ~rimarv imnnct of tic scenario is a reduction ?n~ potent~c~l..excess cash: tlcw . -. . v-. l .a. - BASS SG~~lARIO 4.21 ~ $5.9 1.35x $2.62 • Bond Insurance • Interest rates 3/9/04 . Reserve = $6.0 4. -One year delay 5.26% $3.5 1.40X • Fixed Rate with $2'52 Insurance • Sept 2005 Sale Date . 100 basis ,point interest rate increase . DSDA • Operating reserve ($8.85 million) is reduced to ensure that 1.40x coverage is met 4 Kirkpatrick Pettis A Mutual of Omaha Company REFERENCES Mr. Gerry Flynn Polar Star Development LLC 28 Second Street, Suite 215 Edwards, CO 81632 970-926-8686 Mr. Jeffrey Jones Vail Resorts Development Company P.O. Box 959 Avon, CO 81620 970-845-2552 Mr. Richard MacCutcheon Vail Resorts Development Company P.O. Box 959 Avon, CO 81620 970-845-2562 Mr. Larry Brooks Town of Avon P.O. Box 975 Avon, CO 81620 970-748-4000 Mr. Michael Roeper Eagle County P.O. Box 850 Eagle, CO 81631 970-328-8628 Mr. Tom Oken Pitkin County 530 E. Main Street, 3`~ Floor Aspen, CO 81611 970-920-5202 Mr. Ed O'Brien Eagle Vista Investments, LLC P.O. Box 840 Edwards, CO 81632 970-926-6984 Mr. Jim Telling East West Partners P.O. Drawer 2770 Avon, CO 81620 970-748-1002 I~~Pauction . com . Completed Transactions (6/23/02 - 3/22/04) Amount Sale Date Name of Issuer Rating State Type # of Bidders Total Bids 4,215,000 03/09/04 Boulder County, Capital Improvement Bonds, 2004 XL CO 31,065,000 03/02/04 Millard Public Schools G.O. Refunding Bonds, 2004 FSA NE RV y GO 5 g 26,285,000 02/26/04 Auraria Higher Ed Center 20048 Ambac CO REV 2 2 6,550,000 02/26/04 Auraria Higher Ed Center 2004A Ambac CO REV 2 2 20,000,000 12/10/03 Bemalillo County, New Mexico IRAN, 2003A MIG1 NM 5 5 28,255,000 11/19/03 Johnson County Park & Rec Dist 2003A MBIA KS GO 5 12 10,215,000 11/12/03 Bemalillo County, New Mexico G.O. Bonds, 2003A AA+ REV 5 5 40,000,000 11!06/03 Olathe School District, Kansas, Series 20038 Ambac NM KS GO 5 11 6,210,000 10/27/03 Miami County, Kansas, G.O. Bonds Series 2003A Ambac KS GO 11 11 33,625,000 07/30/03 University of Colorado, COP, Series 2003 Ambac CO GO 7 13 1,925,000 07/30/03 University of Colorado, COP, Series 2003 Taxable Ambac CO REV 4 g - 25,000,000 07/01/03 Bemalillo County,'New Mexico TRAN 2003A REV 5 7 300,000,000 06/30/03 , State of Colorado Tax and Rev. Anticipation Notes 2003A MIG1 NM REV 4 15 4,990,000 06/11/03 , State of Colorado Dept. of Higher Edugtion SP-1+ CO REV 11 24 23,580,000 04/22!03 Auraria Higher Education Center Tivoli Renovation 2003 Ambac CO REV 6 7 32,180,000 04/16/03 , Millard Public Schools G.O. Refunding Bonds 2002 Ambac CO REV 6 g 20,535,000 04/16/03 , Colorado State University, System Revenue Bonds Series 2003 FSA NE GO 4 4 1,775,000 03/18/03 , Tri-Center School District, G.O. Refunding Bonds Series 2003 Ambac CO REV 6 6 7,930,000 02/19/03 , State of Colorado, Cert. of Participation 2003 Non-Rated NE GO 6 6 15,055,000 01/22/03 Auraria Higher Education Center Parking Revenue Bonds 2003 Ambac CO REV 7 13 7,900,000_ 01/16/03 Sandoval County, New Mexico G.O Bonds 2003 Ambac CO REV 8 12 35;000,000 12/13/02 . Bemalillo County, New Mexico TRAN 2002A FGIC NM GO 2 2 5,125,000 11/13/02 , Kansas Development Finance Authority, Edwards Campus 2002K MIG1 NM GO 4 g 9,190,000 11/12/02 . Bemalillo County, New Mexico G.O. Refunding Bonds 2002A A KS RV 2 2 16,400,000 11/12/02 , Bemalillo County, New Mexico G.O. Bonds 2002 Aa1/AA+ NM GO 6 9 26,995,000 11/05/02 , Millard Public Schools G.O. Refunding Bonds 2002 Aa1/AA+ NM GO 6 6 30,800,000 10/31/02 , .Boulder County Colorado Open Space Capital Imp. Bonds Series 2002 MBIA A 2 NE GO 4 5 3,650,000 08/15102 Kansas Development Finance Authority, Human Reources Bldg 2002H a CO REV 5 8 2,500,000 08/14/02 . Las Animas School District, G.O. Bonds Series 2002 AA KS REV 4 6 35,000,000 07/11/02 , Bemalillo County, New Mexico IRAN 2002 AA- CO GO 5 7 5,860,000 05/23/02 , University of Colorado, Enterprise Revenue Bonds Series 2002C MIG1 NM GO 4 16 , Aa3 CO REV 10 26 Kirkpatrick Pettis A Mutual of Omaha Company -- ~ - ..- _. ... .. ; s ~: ,. ,. - - ~ - _.. _. ...~-_ ~ ;.a -_ L:LL.~ ~~ ®®® ®~~~~~ ~~6.ltLl~~6lL~~Il®~~ ~~/~/®® ~/~o.Y/® Amount Sale Date Name of Issuer Rating State Type # of Bidders Totat Bids 40,490,000 05/23/02 University of Colorado, Enterprise Revenue Bonds Series 20026 3,725,000 04/04/02 , City of Maysville, Water ri< Sewer Revenue Bonds 2002 Aa3 CO REV 7 15 10,000,000 03/21/02 , Bemalillo County, New Mexico BAN 2002 FSA KY REV 5 5 9,060,000 03/19/02 , City of Winchester, KY Combined Ut. Revenue Bonds 2002 MIG1 NM REV 3 14 26,740,000 03/07/02 , Kansas Development Finance Authority, Kansas Univ. Projects 2002A A2 KY REV 4 4 5,095,000 02/19/02 , City of Hopkinsville, Water and Sewer Revenue Refunding 2002 AMBAC KS REV 7 12 103,235,000 02/19/02 , University of Colorado, Enterprise Revenue Bonds Series 2002A AMBAC KY REV 6 6 3,610,000 02/14/02 , City of Nicholasville, G.O. Bonds Series 2002 FGIC CO REV 6 g 46,695,000 01/09/02 , State of Colorado, Cert. of Participation 2002A A+ ~, GO 6 6 25,000,000 12/20/01 Bemalillo County, New Mexico TRAM 2001A AA CO REV 4 4 35,000,000 12/04/01 , Kentucky Rural Water Finance Corp. MIG-1 NM REV 2 6 21,000,000 10/30/01 City of Omaha General Obligation Bond 2001 MIG-1 KY REV 2 2 7,675,000 11!13/01 Lexington-Fayette Urban County Govt Series E Kentuck Aaa NE GO 3 5 8,000,000 10/30/01 , y Santa Fe County, G.O. Bonds 2001 Aa2 KY REV 5 5 21,440,000 10/16/01 Millard Public Schools G.O. Refunding Bonds 2001 Aa2 NM GO 5 8 600,000,000 10/09/01 , State of Colorado Tax and Rev. Anticpation Notes 20018 FSA NE GO 3 4 4,600,000 08/28/01 , Bemalillo County, New Mexico General Obligation Bonds 2001 MIG-1 CO GO 11 30 150,000,000 06/28/01 , State of Colorado Tax and Rev. Anticpation Notes 2001A Aat/AA+ NM GO 5 6 30,000,000 06/21/01 , Bemalillo County, New Mexico Tax and Rev. Antic Notes 2001 MIG-1 CO GO 11 29 18,075,000 05/03/01 . , Lexington-Fayette Urban County Govt Series D, Kentucky MIG-1 NM GO 5 12 25,320,000 05/03/01 Lexington-Fayette Urban County Govt Series E Kentuck Aa2 KY REV 5 5 6,505,000 04/18/01 , y Green County School DisMd Finance Corp. Aa2 ~, REV 5 5 8,690,000 04/01!01 Boyle County School District, Kentucky Aa3 KY REV 4 5 51,100,000 03/15/01 Kansas Development Rnanoe Authority Aa3 KY REV 4 7 50,000,000 03/01/01 Boulder County, Colorado Open Space Trust Fund Bonds MBIA KS REV 4 q 22,000,000 03/01/01 City of Bardstown, Utility Revenue Bond Aa2/AA- CO REV 4 5 1,745,000 02/01/01 Todd County School District, Kentucky MBIA KY REV 7 8 10,850,000 12/15/00 Lexington-Fayette Urban County Govt Series D, Kentuck y Aa3 ~ REV 3 4 9,360,000 12/15/00 Lexington-Fayette Urban County Govt Series E Kentuck Aa2 KY REV 8 13 57,190,000 09/15/00 , y Arapahoe Courrty, Colorado Bldg Finance Corp COP pat ~ REV 7 12 38,650,000 02/01 /00 Boulder County, Colorado Sales and Use Tax R B AMBAC CO REV 4 g ev. onds AA- CO REV 9 11 2,268,660,000 Total Total 330 540 ~rkat~°ack ~etti~ A Mutual: of Omaha Company ~- -- -' ~ .: - -, -_._:~ .~ ~~ t.. ~~.. Case Studies Kansas Development Finance Authority On Thursday, March 7, 2002, the Kansas.Development Finance Authority (University of Kansas Projects) sold $26,740,000 of bonds. The bonds were insured by Ambac. This bond sale used rank order bidding during the auction period. The rank-order process gives .bidder the ability to know their current ranking (lst, 2°a, 3ra ..) of their bid during the auction period. In total, KDFA received 12 bids from 7 bidders. Three bidders submitted multiple bids ;during the auction. On average the reoffering yields on this transaction were 18 basis points below the Insured Municipal Market Data index for the same day. Las Ani~-as School District, Colorado On August 14, 2002 Las Animas School District Re-1 became the first schools district in Colorado to sell bonds via anInternet-based auction system (KPauction.com). The bonds were rated AA- by Standard & Poor's through the us? of tie sire intercept pro~~,m Fy using the state intercept program and receiving an investment graded rating the mazketing of District's bonds was enhanced significantly. The bond issue has maturities starting in 2002 and ending in 2022. The auction started at 9:30 a.m. MDT and ended at 10:00 a_m. MDT. The District received seven bids from five bidders and a TIC of 4.18%. University of Colorado On May 23, 2002, the University of Colorado received bids for enterprise system revenue bonds ($40 million of tax exempt and $5.9 million of taxable). The bonds were rated AA- by Standard & Poor's and Aa3 by Moody's! Investors Service. The bonds were qualified for bond insurance at the bidder's option. The tax exempt auction started at 9:30 a.m. and ended at 10:00 a.m. In total, the University received 15 bids from 7 bidders and a TIC of 5.03%. On average the reoffering yields were 10 basis point below the Insured Municipal Market Data index for that day. The taxable auction started at 10:00 a.m. and ended at 10:30 am. The University received 26 bids from 10 bidders. Indeed, one bidder submitted 8 different bids during the auction. Lexington, Kentucky On December 5, 2000, the City of Lexington Kentucky completed two transactions on KPauction.com. The first issues, Series 2000 D was a $10,850,000 bond issue with maturities ranging from 2001 through 2010. The bonds were rated Aa2/AA+. This auction was conducted from 10:00 am to 10:30 am EST. The second auction, Series 2000E, was a $9,360,000 bond issue with maturities ranging from 2001 through 2020. The bonds were rated Aa2/AA+. This auction was conducted from 10:30 am to 11:00 am ;EST. These sales used rank order bidding during the auction period. This transaction received highly competitive bidding activity. The City received 13 bids from eight firms for the Series D issues and received 12 bids from 7 firms on the. Series E issue. The ability to adjust bids reflects true auction activity instead of a static bid process. Kirkpatrick Pettis A Mutualof Omaha Company 0 Apr 7, 2004 1:32 pm Prepared by Kirkpatrick Pettis (Finance 5.000 TOV -Conference Center:TOV-APR7_lA) Page 1 SOURCES AND USES OF FUNDS Town. of Vail, Colorado - Sales Tax Revenue Bonds (TOV Conference Center) Series 2004 April 6 -Preliminary Numbers asaa.s~eo~esssaeesre~s~zs~~,~•#*ase*:xere~s~esss Scenario Ia: AAA (Insured) Fixed Rate Bonds (Par & Premium Bonds) COVERAGE NOT MET! Rates: Scale as of 3/9/04 Net Proceeds = $42.5 mm. Existing Collected Sources =Reserve Project Draws: Level (Sept 'OS - Jan'07) Note: Cap-I not needed. 2005 - 2006 Pledged Revenues assumed to be sufficient to pay debt service. No Inflation on Revenues or Expenses. Dated Date 12/01/2004 Delivery Date 12/01/2004 Sources of Funds Bond Proceeds: 2004 Serial Bonds 2004 Term - 2019 2004 Term - 2024 2004 Term - 2029 2004 Term - 2034 Par Plus: Amount Accrued ~ A Less: Discount Total 7,385,000.00 7,385,000.00 5,640,000.00 5,640,000.00 6,960,000.00 -708,458.40 7,668,458.40 8,890,000.00 -933,094.40 9,823,094.40 11,335,000.00 -1,248,323.55 12,583,323.55 40,210,000.00 -2,889,876.35 43,099,876.35 Other Sources of Funds: Collected Pledged Revenues (1) 5,900,000.00 5,900,000.00 46,110,000.00 0.00 -2,889,876.35 48,999,876.35 Uses of Funds Project Fund Deposits: Conference Center -Net Project Cost Other Fund Deposits: DSRF (Surety Bond @ 2% of MARS) (2) Delivery Date Expenses: Cost of Issuance Upfront Insurance Premium (35 bps of Total DS) (2) Par Plus: Less: Amount Accrued Discount Total 42,500,000.00 42,500,000.00 52,458.40 52,458.40 275,050.00 275,050.00 269,039.47 __ -_ _ 269,039.47 544,089.47 544,089.47 l Apr 7, 2004 1:32 pm Prepared by Kirkpatrick Pettis (Finance 5.000 TOV -Conference Center:TOV-APR7_lA) Page 2 I~I l~ ~- ~_ , t_~ IJi SOURCES AND USES OF FUNDS ' Town of Vail, Colorado Sales Tax Revenue Bonds (TOV Conference Center) Series 2004 April 6 -Preliminary Numbers +*»*s**s*sr**s+*+***rt*r**~***sr****~++**** . Scenario Ia: AAA (Insured) Fixed Rate Bonds (Par & Premium Bonds) COVERAGE NOT MET! Rates: Scale as of 3/9/04 Net Proceeds = $42.5 mm. Existing Collected Sources =Reserve Project Draws: Level (Sept'OS - Jan'07) Note: Cap-I not: needed. 2005 - 2006 Pledged Revenues assumed 1:o be sufficient to pay debt service. No Inflation on Revenues or Expenses. . Par Plus: Less: amount Accrued Discount Total 5,900,000.00 5,900,000.00 Contingency 3,328.48 3,328.48 5,903,328.48 5,903,328.48 Uses of Funds Other Uses of Funds: Reserve Fund (1) 48,999,876.35 0.00 0.00 48,999,876.35 Notes: j -.-'; (1) -Collected Pledged Revenues Estimated at $2.95 mm per year (2003 - 2004) L: (2) - DSRF Cost & Insurance Pcemium Estimated. Based on recent Sales Tax transaction. NB -Depending on rates & debt service coverage, could reduce term of amortization. L' i _`._: IL_ t •~~ `i ~:~ e 0 C i.: L Apr. 7, 2004 1:32 pm Prepared by Kirkpatrick Pettis (Finance 5.000 TOV -Conference Center:TOV-APR7_lA) Page 3 BOND PRICING Town of Vail, Colorado Sales Tax Revenue Bonds (TOV Conference Center) Series 2004 Apri16 -Preliminary Numbers ~*~*a*sssa*sasss*sas*~*e+ssrs****#•r*s*»*~a Scenario Ia: AAA (Insured) Fixed Rate Bonds (Par & Premium Bonds) COVERAGE NOT MET! Rates: Scale as of 3/9/04 Net Proceeds = $42.5 mm. Existing Collected Sources =Reserve Project Draws: Level (Sept'OS - Jan'07) Note: Cap-I not needed. 2005 - 2006 Pledged Revenues assumed to be sufficient to pay debt service. No Inflation on Revenues or Expenses. Maturity Bond Component Date Amount Rate Yield Price 2004 Serial Bonds: 2004 Term - 2019: 2004 Term - 2024: 2004 Term - 2029: 2004 Term - 2034: 12/01/2007 860,000 1.530% . 1.530% 100.000 12/01/2008 870,000 1.890% 1.890% 100.000 12/01/2009 885,000 2.180% 2.180% 100.000 12/01/2010 905,000 2.420% 2.420% 100.000 12/01/2011 925,000 2.680% 2.680% 100.000 12/01/2012 950,000 2.920% 2.920% 100.000 12/01/2013 980,000 3.100% 3.100% 100.000 12/01/2014 _ 1,010 000 3.250% 3.250% 100.000 7,385,000 12/01/2019 5,640,000 3.850% 3.850% 100.000 12/01/2024 6,960,000 5.000% 4.240% 110.179 12/01/2029 8,890,000 5.000% 4.310% 110.496 12/01/2034 11,335,000 5.000% 4.340% 111.013 40,210,000 !d{ F I; s .~ t I j ~i ~, ~' L Apr 7, 2004 1:32 pm Prepared by Kirkpatrick Pettis (Finance 5.000 TOV -Conference Center:TOV-APR7_lA) Page 4 BgND PRICING Town of Vail, Colorado Sales Tax Revenue Bonds (TOV Conference Center) Series 2004 Apri16 =Preliminary Numbers +***+*****as****s•*~**#rsss***sssrs******s* Scenario Ia: AAA (Insured) Fixed Rate Bonds (Par & Premium Bonds) COVERAGE NOT MET! Rates: Scale as of 3/9/04 Net Proceeds = $42.5 mm. Existing Collected Sources =Reserve Project Draws: Level (Sept'OS - Jan'07) Note: Cap-I not needed. 2005 - 2006 Pledged Revenues • assumed to be sufficient to pay debt service. No Inflation on Revenues or Expenses. Dated Date 12/01/2004 Delivery Date 12/01/2004 First Coupon 06/01/2005 Par Amount 40,210,000.00 Premium 2,889,876.35 Production Underwriter's Discount Purchase Price Accrued Interest Net Proceeds 43,099, 876.35 107.186959% 43,099, 876.3 5 107.186959% 43,099,876.35 c a _ Apr 7, 2004 1:32 pm Prepared by Kirkpatrick Pettis (Finance 5.000 TOV -Conference Center:TOV-APR7_IA) Page 5 ~J BOND SUMMARY STATISTICS I t ~ Town of Vail, Colorado Sales Tax Revenue Bonds (TOV Conference Center) pp Series 2004 April 6 -Preliminary Numbers Scenario Ia: AAA (Insured) Fixed Rate Bonds (Par & Premium Bonds) COVERAGE NOT MET! Rates: Scale as of 3/9/04 Net Proceeds = $42.5 mm. Existing Collected Sources =Reserve Project Draws: Level (Sept'OS - Jan'07) Note: Cap-I not needed. 2005 - 2006 Pledged Revenues assumed to be sufficient to pay debt service. No Inflation on Revenues or Expenses. Dated Date 12/01/2004 D elivery Date 12/01/2004 Last Maturity 12/01/2034 Arbitrage Yield 4.159947% True Interest Cost (TIC) 4.109889% Net Interest Cost (NIC) 4.371700% ~ All-In TIC 4.211600% "~ Average Coupon 4.745826% Average Life (years) 19.210 Duration of Issue (years) 12.784 Par Amount 40,210,000.00 Bond Proceeds 43,099,876.35 Total Interest 36,658,419.50 Net Interest 33,768,543.15 ~-; I Total Debt Service ~ 76,868,419.50 Maximum Annual Debt Service 2 622 920 00 , , . Average Annual Debt Service 2,562,280.65 Underwriter's Fees (per $1000) . Average Takedown Other Fee Total Underwriter's Discount Bid Price 107.186959 Par Avery e Bond Component g Average Value Price Coupon Life L; 2004 Serial Bonds 7,385,000.00 100.000 2.720% 6.623 L Apr 7, 2004 1:32 pm Prepared by Kirkpatrick Pettis (Finance 5.000 TOV -Conference Center:TOV-APR7_IA) Page 6 BOND SUMMARY STATISTICS Town of Vail, Colorado Sales Tax Revenue Bonds (TOV Conference Center) Series 2004 April 6 -Preliminary Numbers *****+****+#+*s*s**»**as*****r*ass**~:*^s~s Scenario Ia: AAA (Insrued) Fixed Rate Bonds (Par & Premium Bonds) COVERAGE NOT MET! Rates: Scale as of 3/9/04 Net Proceeds = $42.5 mm. Existing Collected Sources =Reserve Project Draws: Level (Sept'OS - Jan'07) Note: Cap-I not needed. 2005 - 2006 Pledged Revenues assumed to be sufficient to pay debt service. No Inflation on Revenues or Expenses. Par Average Average Bond Component Value Price Coupon Life 2004 Term - 2019 5,640,000.00 100.000 3.850% 13.075 2004 Term - 2024 6,960,000.00 110.179 5.000% 18.098 2004 Term - 2029 8,890,000.00 110.496 5.000% 23.097 2004 Term - 2034 11,335,000.00 111.013 5.000% 28.098 • 40,210,000.00 19.210 All-In Arbitrage TIC TIC Yield Paz Value 40,210,000.00 40,210,000.00 40,210,000.00 + Accrued Interest +Premium (Discount) 2,889,876.35 2,889,876.35 2,889,876.35 = Underwriter's Discount - Cost of Issuance Expense -275,050.00 -Other Amounts -269,039.47 -269,039.47 Target Value 43,099,876.35 42,555,786.88 42,830,836.88 Target Date 12/01/2004 12/01/2004 12/01/2004 Yield 4.109889% 4.211600% 4.159947% I ` L? t~J L Apr 7, 2004 1:32 pm Prepared by Kirkpatrick Pettis (Finance 5.000 TOV -Conference Center:TOV-APR7_lA) Page 7 ! BOND DEBT SERVICE Town of Vail, Colorado Sales Tax Revenue Bonds (TOV Conference Center) Series 2004 Apri16 -Preliminary Numbers Scenario Ia: AAA (Insured) Fixed Rate Bonds (Par & Pre mium Bonds) COVERAGE NOT MET! t Rates: Scale as of 3/9/04 Net Proceeds = $42.5 mm. Existing Collected Sources =Reserve Project Draws: Level (Sept'OS - Jan'07) Note: Cap-I not needed. 2005 - 2006 Pledged Revenues ,f assumed to be sufficient to pay debt service. No Inflatipn on Revenues or Expenses. a Period Ending Principal Coupon Interest Debt Service ' 12/01/2005 1,762,920.00 1,762,920.00 12/01/2006 1,762,920.00 1,762,920.00 12/01/2007 860,000 1.530% 1,762,920.00 2,622 920.00 12/01/2008 870,000 ~ 1.890% 1,749,762.00 , 2,619 762.00 ~ 12/01/2009 885,000 2.180% 1,733,319.00 , 2,618,319.00 ! ~ 12/01/2010 905,000 2.420% 1,714,026.00 2,619,026.00 12/01/2011 0 925,000 2.680% 1,692,125.00 2,617,125.00 12/01/2012 12/01/2013 950,000 2.920% 1,667,335.00 980,000 3.100% 1 639 595 00 2,617,335.00 2 6 , , . , 19,595.00 12/01/2014 1,010,000 3.250% 1,609,215.00 2,619 215.00 12/01/2015 1,045,000 3.850% 1,576,390.00 , 2,621,390.00 -~ 12/01/2016 1,085,000 3.850% 1,536,157.50 2,621 157.50 12/01/2017 1,125,000 3.850% 1,494,385.00 , 2,619 385.00 12/01/2018 1,170,000 3.850% 1,451,072.50 , 2,621,072.50 12/01/2019 12/01/2 1,215,000 3.850% 1,406,027.50 2,621,027.50 020 1,260,000 5.000% 1,359,250.00 2,619,250.00 12/01/2021 1,320,000 5.000% 1,296,250.00 2,616 250.00 12/01/2022 1,390,000 5.000% 1,230,250.00 , 2,620 250.00 12/01/2023 1,460,000 5.000% 1,160,750.00 , 2,620 750.00 12/01/2024 1,530,000 5.000% 1,087,750.00 , 2,617 750.00 12/01/2025 1,610,000 5.000% 1,011,250.00 , 2,621 250.00 _12/01/2026 1,690,000 5.000% 930,750.00 , 2,620 750.00 12/01/2027 1,775,000 5.000% 846,250.00 , 2,621 250.00 -' 12/01/2028 1,860,000 5.000% 757,500.00 , 2,617 500.00 12/01/2029 1,955,000 5.000% 664,500.00 , 2,619 500.00 t 12/01/2030 2,050,000 5.000% 566,750.00 , 2 616 750 00 t 12/01/2031 2,155,000 5.000% 464,250.00 , , . 2,619 250.00 ~ 12/01/2032 2,260,000 5.000% 356,500.00 , 2,616 500.00 12/01/2033 2,375,000 5.000% 243,500.00 , 2,618 500 00 ,~ 12/01/2034 2,495,000 5.000% 124,750.00 , . 2,619,750.00 1 40,210,000 36,658,419.50 76,868,419.50 L C' i Apr 7, 2004 1:32 prri Prepared by Kirkpatrick Pettis (Finance 5.000 TOV -Conference Center:TOV-APR7_lA) Page 8 ~_" BOND SOLUTION Town of Vail, Colorado - Sales Tax Revenue Bonds (TOV Conference Center) Series 2004 Apri16 -Preliminary Numbers _; *++:**-***rn*s*sr~s*str*»r*~+****-*s**s*r*~ Scenario Ia: AAA (Insured) Fixed Rate Bonds (Par & Premium Bonds) COVERAGE NOT MET! Rates: Scale as of 3/9/04 -- Net Proceeds = $42.5 mm. Existing Collected Sources =Reserve Project Draws: Level (Sept'OS - Jan'07) Note: Cap-I not needed. 2005 - 2006 Pledged Revenues assumed to be sufficient to pay debt service. -~ No Inflation on Revenues or Expenses. Period Ending Proposed Principal Proposed Debt Service Debt Service Adjustments Total Adj Debt Service Revenue Constraints Unused Revenues Debt Serv Coverage 12/01/2005 12/01/2006 1,762,920 -618,750 1,144,170 3,538,756 ~ 2,394,586 309.28586% 12/01/2007 860 000 1,762,920 2 622 920 -281,250 3 1,481,670 3,538,756 2,057,086 238.83564% 12/01/2008 , 870 000 , , 2 619 762 - ,125 2,619,795 3,538,756 918,961 135.07759% 12/01/2009 , 885 000 , , 2 618 319 2,6(9,762 3,538,756 918,994 135.07929% 12/01/2010 , 905 000 , , 2 619 026 2,618,319 3,538,756 920,437 135.15374% 12/01/2011 , 925,000 , , 2 617 125 2,619,026 3,538,756 919,730 135.11725% 12/01/2012 950 000 , , 2 617 335 2,617,125 3,538,756 921,631 135.21540% 12/01/2013 , 980 000 , , 2 619 595 2,617,335 3,538,756 921,421 135.20455% 12/01/2014 , 1,010 000 , , 2 619 215 2,619,595 3,538,756 919,161 135.08790% 12/01/2015 , 1,045 000 , , 2 621 390 2,619,215 _3,538,756 919,541 135.10750% 12/01/2016 , 1,085 000 , , 2 621 158 2,621,390 3,538,756 917,366 .134.99540% 12/01/2017 , 1,125 000 , , 2 619 385 2,621,158 3,538,756 917,599 135.00738% 12/01/2018 , 1,170 000 , , 2 621 073 2,619,385 3,538,756 919,371 135.09874% .12/01/2019 , 1,215 000 , , 2 621 028 2,621,073 3,538,756 917,684 135.01176% 12/01/2020 , 1,260 000 , , 2 619 250 2,621,028 ~ 3,538,756 917,729 135.01407% 12/01/2021 , 1,320,000 , , 2,616,250 2,619,250 2 616 250 3,538,756 3 538 756 919,506 9 135.10570% 12/01/2022 1,390,000 2,620,250 , , 2,620,250 , , 3,538,756 22,506 918 506 135.26062% 135 05414% 12/01/2023 1,460,000 2,620,750 2,620,750 3,538,756 , 918 006 . 135 02837% 12/01/2024. 12/01/2025 1,530,000 2,617,750 2,617,750 3,538,756 , 921,006 . 135.18312% 12/01/2026 1,610,000 1,690 000 2,621,250 2 620 750 2,621,250 3,538,756 917,506 135.00261% 12/01/2027 , 1,775 000 , , 2 621 250 2,620,750 3,538,756 918,006 135.02837% 12/01/2028 , 1,860 000 , , 2 617 500 2,621,250 3,538,756 917,506 135.00261% 12/01/2029 , 1,955,000 , , 2,619,500 2,617,500 2 619 500 3,538,756 3 538 7 921,256 135.19603% 12/01/2030 2,050,000 2,616,750 , , 2 616 750 , , 56 3 538 756 919,256 922 135.09280% 12/01/2031 2,155,000 2,619,250 , , 2,619,250 , , 3,538,756 ,006 919 506 135.23478% 135 10570% 12/01/2032 2,260,000 2,616,500 2,616,500 3,538,756 , 922 256 . 135 24770% 12/01/2033 12/01/2034 2,375,000 2 495 000 2,618,500 2 619 2,618,500 3,538,756 , 920,256 . 135.14440% , , , ,750 2,619,750 3,538,756 919,006 135.07991% 40,210,000 76,868,420 103,125 75,965,295 106,162,680 30,197,386 i_ i ~' Apr 7, 2004 1:32 pm Prepared by Kirkpatrick Pettis (Finance 5.000 TOV -Conference Center:TOV-APR7_IA) Page 9 l.? ° BOND SOLUTION Town of Vail, Colorado Sales Tax Revenue Bonds (TOV Conference Center) Series 2004 Apri] 6 -Preliminary Numbers ****~s***s*as**~ras~*s*st**+*~*sss*******sr Scenario [a: AAA (Insured) Fixed Rate Bonds (Paz & Premium Bonds) COVERAGE NOT MET! Rates: Scale as of 3/9/04 Net Proceeds = $42.5 mm. Existing Collected Sources =Reserve Project Draws: Level (Sept'OS - Jan'07) Note: Cap-I not needed. 2005 - 2006 Pledged Revenues assumed to be sufficient to pay debt service. No Inflation on Revenues or Expenses. Notes: NB -Debt Service thru 12/1/07 pd for by collected Pledged Revenues. Projections provided by T.o.V. ' 2003 Collections = $1,965,467 (Sales Tax @ 0.5%) + $1,573,289 (Lodging Tax @ I.5%). NB -Debt Coverage Ratio on Bond Debt Service ONLY. Operating Expenses are Subordinate. , _. L' E t f ~ Apr 7, 2004 1:32 pm Prepared by Kirkpatrick Pettis (Finance 5.000 TOV -Conference Center:TOV-APR7_lA) Page 10 -- RESERVE FiJND ^ Town of Vail, Colorado Sales Tax Revenue Bonds (TOV Conference Center) Series 2004 r~ Apri16 -Preliminary Numbers Scenario Ia: AAA (Insured) Fixed Rate Bonds (Par & Premium Bonds) r COVERAGE NOT MET! Rates: Scaie as of 3/9/04 ~ Net Proceeds = $42.5 mm. Existing Collected Sources =Reserve Project Draws: Level (Sept'OS - Jan'07) (~ Note: Cap-I not needed. 2005 - 2006 Pledged Revenues ~ I ~ assumed to be sufficient to pay debt service. No Inflation on Revenues or Expenses. DSRF (Surety Bond (c~ 2% of MADSI (21(DSRFI , Date Deposit Interest .Principal Balance 12/01/2004 S2,4S8.40 S2 458.40 I ~: S2,4S8.40 0 0 ~.. °'- Apr 7, 2004 1:32 pm Prepared by Kirkpatrick Pettis (Finance 5.000 TOV -Conference Center:TOV-APR7_lA) Page 1 I a PROJECT FUND Town of Vail, Colorado Sales Tax Revenue Bonds (TOV Conference Center) Series 2004 April 6 -Preliminary Numbers *:****s*r*~-*as***s*sst:ss*trsrss*s*r*#*s**~ Scenario Ia: AAA (Insured) Fixed Rate Bonds (Par & Premium Bonds) COVERAGE NOT MET! Rates: Scale as of 3/9/04 Net Proceeds = $42.5 mm. Existing Collected Sources =Reserve Project Draws: Level (Sept'OS - Jan'07) Note: Cap-I not needed. 2005 - 2006 Pledged Revenues assumed to be sufficient to pay debt service. No Inflation on Revenues or Expenses. Conference Center -Net Project Cost (I`T~TCOSTI Interest Scheduled Date .Deposit @ !.5% Principal Debt Service Draws Balance 12/01/2004 42,500,000 06/01/2005 318,750 -318,750 42,500,000 42 500 000 09/0 (/2005 2,500,000 2,500,000 , , 40 000 000 10/01/2005 2,500,000 2,500,000 , , 37 500 000 11/01/2005 2,500,000 2,500,000 , , 35 000 000 12/O1/2Q05 300,000 2,500,000 -300,000 2,500,000 , , 32 500 000 01/01/2006 2,500,000 2,500,000 , , 30 000 000 02/01/2006 03/01/2006 2,500,000 2,500,000 , , 27,500,000 04/01/2006 2,500,000 2,500,000 25,000,000 05/0(/2006 2,500,000 2,500,000 22,500,000 06/01/2006 196,875 2,500,000 2,500,000 -196,875 2,500,000 2,500,000 20,000,000 17 500 000 07/01/2006 2,500,000 2,500,000 , , 15 000 000 08/01/2006 09/01/2006 2,500,000 2,500,000 , , 12,500,000 10/01/2006 2,500,000 2,500,000 10,000,000 11/01/2006 2,500,000 2,500,000 7,500,000 12/01/2006 84,375 2,500,000 2,500,000 -84,375 2,500,000 2,500,000 5,000,000 2 500 000 01/01/2007 3,125 2,500,000 -3,125 2,500,000 , , 42,500,000 903,125 42,500,000 -903,125 42,500,000 i Apr 7, 2004 1:32 pm Prepared by Kirkpatrick Pettis (Finance 5.000 TOV -Conference Center:TOV-APR7_lA) Page l2 NET DEBT SERVICE Town of Vail, Colorado _. _ _ _. ~' Sales Tax Revenue Bonds (TOV Conference Center) Series 2004 '! April 6 -Preliminary Numbers ~t**sa*s*s•~**~***t*****s*s*****s*s***~***r '~S Scenario Ia: AAA (Insured) Fixed Rate Bonds (Par & Premium Bonds) (:OVERAGE NOT MET! Rates: Scale as of 3/9/04 ' Net Proceeds = $42.5 mm. Existing Collected Sources =Reserve Project Draws: Level (Sept'OS - Jan'07) -, Note: Cap-I not needed. 2005 - 2006 Pledged Revenues ,. assumed to be sufficient to pay debt service. J No Inflation on Revenues or Expenses. ~~ Est. Annual Conference Period Total Operating General Center -Net Net Ending Debt Service Expenses (3) Fund Project Cost Debt Service ~~ ~ 12/01 /2005 1,762,920.00 618,750 1,144 170.00 ,~~ 12/01/2006 1,762,920.00 281,250 , 1,481 670.00 12/01/2007 2,622,920.00 600,000 3,125 , 3,219 795.00 Z 12/01/2008. 2,619,762.00 600,000 , 3,219 762.00 12/01/2009 2,618,319.00 600,000 , 3,218 319.00 12/01/2010 2,619,026.00 600,000 , 3,219 026.00 12/01/2011 2,617,125.00 600,000 , 3,217 125.00 12/01/2012 2,617,335.00 600,000 , 3,217 335.00 ~ 12/01/2013 2,619,595.00 600,000 , 3,219 595.00 12/01/2014 2,619,215.00 600,000 , 3,219 215.00 12/01/2015 2,621,390.00 600,000 , 3,221 390.00 12/01/2016 2,621,157.50 600,000 , 3,221 157.50 12/01/2017 2,619,385.00 600,000 , 3,219 385.00 12/01/2018 2,621,072.50 ti00,000 , 3,221 072.50 12/01/2019 2,621,027.50 600,000 , 3,221 027.50 t J.~ 12/01/2020 2,619,250.00 600,000 , 3,219 250.00 12/01/2021 2,616,250.00 600,000 , 3,216 250.00 ~ Lr 12/01/2022. 12/01/2023 2,620,250.00 2,620,750.00 600,000 600,000 , 3,220,250.00 3,220,750.00 12/01/2024 2,617,750.00 600,000 3,217 750.00 12/01/2025 2,621,250.00 600,000 , 3,221 250.00 ~ 12/01/2026 2,620,750.00 600,000 , 3,220,750.00 ~ 12/01/2027 2,621,250.00 600,000 3,221 250.00 12101/2028 2,617,500.00 600,000 , 3,217 500.00 12/01/2029 2,619,500.00 600,000 , 3,219 500.00 12/01/2030 2,616,750.00 600,000 , 3,216,750.00 V 12/01/2031 2,619,250.00 600,000 3,219 250.00 12/01/2032 2,616,500.00 600,000 , 3,216 500.00 1... 12/01/2033 2,618,500.00 600,000 , 3,218 500.00 f l~{ 12/01/2034 2,619,750.00 600,000 , 3,219,750.00 ' ~;`; 76,868,419.50 16,800,000 0 903,125 92,765,294.50 ~; r C Apr 7, 2004 1:32 pm Prepared by Kirkpatrick Pettis (Finance 5.000 TOV -Conference Center:TOV-APR7_lA) Page 13 .! NET DEBT SERVICE Town of Vail, Colorado Sales Tax Revenue Bonds (TOV Conference Center) Series 2004 Apri16 -Preliminary Numbers *+*~**rs**s*s+*+**a****#**#+a**~s*s***ss**s Scenario Ia: AAA (Insured) Fixed Rate Bonds (Par & Premium Bonds) COVERAGE NOT MET! ' Rates: Scale as of 3/9/04 Net Proceeds = $42.5 mm. Existing Collected Sources =Reserve Project Draws: Level (Sept'OS - Jan'07) Note: Cap-I not needed. 2005 - 2006 Pledged Revenues assumed to be sufficient to pay debt service. No Inflation on Revenues or Expenses. Note: (3) -Est. Op. Expenses Provided by Town. Beginning 12/1/07. Assumed to be Subordinate. ,i i George I~. Baum & Company Ge o rge K B aum & . Co m pany ~, 40o Town of Vail Conference Center Task Force fi:mIDwoo Steven Jeffers rC~ Stan Zemler, Russ Fon'est, Judy Camp ®~eo April 7, 2004 flea Follow-up Questions 9. Can your company finance the project with the above mentioned assumptions? If not what project cost could be t'inanced? George K. Baum & Company is confident that we can finance the project within the assumptions presented in your April 1, 2004 memorandum. Please see question 6 for a detailed analysis of our newest financing plan, including the major assumptions associated with that plan. 2. 1Alhat rates, insurance costs and fees would be required to finance this project? We have assumed interest rates as of April 6, 2004 in our newest finance plan, which are significantly higher than presented at our last meeting of March 30. Because of a significant increase in the Non-Farm Payroll Report released on Friday, April 2, municipal interest rates have increased approximately 40 basis points (e.g. 0.40%). The coupon rates range between 2.50% and 5.00%, and the yields range between 1.35% and 4.81 %. The all in true interest cost ("TIC'S is 4.855%. All of the other insurance costs and fees required to finance the project are assumed to be either the same dollar amount or the same percentage as we quoted in our earlier presentation. Specificaly, Insurance costs are estimated at 60 basis points on total principal and interest, which equates to approximately $470,000; the debt service reserve fund surety bond is estimated at 3.0% of the required debt service reserve fund requirement, which equates to $68,752; cost of issuance is assumed to be $80,000; and underwriter's discount is 0.4% of total bond proceeds, which equates to $153,947. 1 3. Do you propose a debt reserve or surety bond? How much (fees and or rates) would that cost? In our earlier submission, we proposed a debt service reserve fund surety bond in lieu of a fully funded debt service reserve fund. We believe that our newest finance plan will enable the Town to still be able to obtain a surety bond. The debt service reserve fund surety bond is estimated at 3.0% of the required debt service reserve fund requirement, which equates to $68,752. Please recognize that both the bond insurance fee and the surety fee are our best educated guess as to what a muniapal bond insurance company might charge. The actual charge could vary from these numbers. 4. Can you develop a coverage rate that would enable these bonds to be marketed? What is that coverage rate? We are confident that our newest finance plan is structured to provide a coverage rate that would enable these bonds to be insured and thereby marketed at competitive and attractive interest rates for the Town. The coverage ratio is slightly above 140% (e.g. 1.40 times), and is predicated on discussions we have had with an "AAA/Aaa" insurance provider subsequent to our last meeting with the Task Force. 5. Will the issuance of bonds for the conference center impact the Town's future ability to issue debt for other projects? If so, how or to what extent? Since the revenues pledged to the conference center financing are only the new 0.5% sales tax and the 1.5% lodging tax (together the "Pledged Revenues'; the issuance of these bonds will not have an impact on the Town's future ability to issue debt for other projects that are payable from revenue streams other that the Pledged Revenues. 6. List any major assumptions you have made in developing a proposal to finance this ~ project. As stated above, we have developed a new financing plan that we have discussed with one of the "AAA/Aaa" rated bond insurers to assure ourselves that the financing plan would qualify for bond insurance. This structure is built around maintaining a minimum debt service coverage ratio of 1.4 times, based upon current Pledged Revenues of $3.3 million. This equates to a yearly debt service amount of appro~amatey $2.29 million. This annual debt service level is lower than the $2.7 million ma~amum level suggested by the Town. This is positive to the Town in that it makes more of the yearly Pledged Revenues (after debt service) available to pay for anticipated operational deficits of the conference center. The negative is that this lower yearly debt service reduces the amount of construction funds available for the project. To offset this, we have assumed a 35-year debt repayment schedule. However, even with this change, our newest finance plan is not able to generate $42.5 million in construction funds. • Page 2 Our newest plan, with a conservative estimate for interest income earned on bond proceeds during construction, generates approbmately $38.5 million. We have made the assumption that $4 million of the $5.9 million collected by the Town from the Pledged Revenues in 2003 and 2004 will be used to augment the construction funds of the conference center to arrive at $42.5 million in construction proceeds. However, even though we are drawing down the operational reserve by $4 million, by the time the conference center opens in 2007, this operational reserve would have grown to $5.3 million; and it continues to grow significantly thereafter. A copy of our newest financing plan will be handed out during our interview on Thursday, at which time we can answer any specific questions you might have. 7. The committee is interested in doing a public sale of the bonds versus a negotiated sale. Please provide your experience over the last 3 years doing public sale for bonds, identify the amounts and yields of the outcomes of those public sales. Do you see any implications or changes in fees by doing a public sale with the investment banker playing the role of financial advisor and facilitating the public sale of the bonds? Over the last three years, George K. Baum ~ Company has acted as financial advisor for 22 issuers within the state of Colorado in facilitating the public sale of $1.125 billion in bonds. Nationally, during this same period of time, we have acted as financial advisor for over 200 issuers in facilitating the public sale of approbmately $3.3 billion in bonds. Given the amount of issues, and the deadline for providing this new information, we are unable to provide you with the yields of each of these issues. We will provide you a list at our meeting on April 8 of these issuers. We do see a number of negative implications to doing a public sale of the proposed conference center bonds. In today's interest rate environment, we believe that the total fees inciured in conducting a public sale could easily increase by 50% over what we have proposed. Furthermore, we believe that the minimum coverage factor associated with the transaction, as well as the structure of the bond issue would deter a number of potential bidders from partiapating in the public sale, even assuming the bonds were insured. Lastly, we believe that a public sale exposes the Town to greater interest rate risk than a negotiated sale. We would be happy to elaborate on each of these points during our interview this Thursday. o Page 3 3/23/2004 C 4.705 Little Thompson Water Dt 1!14/2004 C 17.115 Colorado Springs City-Colorado 11/18/2003 C 15.070 Colorado Springs Pub Facs Auth 11/14/2003 N 158.310 Colorado Springs City-Colorado 9/10/2003 C 77.155 Denver City Co Board of Water Comm 5/13/2003 C 50.000 Denver City Co Board of Water Comm 12/1012002 N 27.055 Colorado Springs City-Colorado 12/512002 N 43.005 Colorado Springs City-Colorado 11/20/2002 C 110.000 Colorado Springs City-Colorado 10/10/2002 C 3.305 Little Thompson Water Dt 9/17/2002 C 11.610 Denver City Co Board of Water Comm 9/16/2002 N 18.765 Delta Co Mem Hosp Dt 8/15/2002 N 74.695 Colorado Springs City-Colorado 4/23/2002 N 3.650 Denver City and Co-Colorado 412312002 C 13.480 Denver City and Co-Colorado 11/13/2001 C 16.070 Denver City and Co-Colorado 11/7/2001 C 33.910 Denver City and Co-Colorado 8/2/2001 C 42.800 Denver City Co Board of Water Comm 7/27/2001 N 300.790 Colorado Springs City-Colorado 7/25/2001 C 11.215 Denver City Co Board of Water Comm 7/25/2001 C 77.990 Denver City Co Board of Water Comm 2128/2001 C 14.850 Denver City and Co-Colorado S 1,125.55 Totallssues: 22 CO Water Revenue Ref Bonds FA Aaa AAA AAA INS CO GO Refunding Bonds FA Aaa AA NR CO Certifiptes of Participation FA A2 CO Utilities Improvement Rev Bonds FA Aa2 AA NR CO Wtr Rev Ref & Imp Bond FA Aaa AAA AAA INS CO Water Revenue Bonds FA Aaa AAA AAA INS CO Taxable Var Rte Dem Ufils Bonds RA Aa2 AA NR CO Airport System Rev Ref Bonds FA Aaa AAA AAA INS CO Util Sys Sub Lien Imp Rev Bonds FA Aa2 AA CO Water Revenue Bonds FA Aaa NR AAA INS CO GO Water Refunding Bonds FA Aat AA+ AA+ CO Enterprise Revenue Bonds FA NR BBB NR CO Subordinate Lien Ref Rev Bonds FA Aaa AAA AAA INS CO Certificates of Particpaton RA Aaa AAA AAA INS CO Certificates of Particpation FA Aaa AAA AAA INS CO Certificates of Partcpation FA Aaa AAA AAA INS CO Certificates of Parfiapafion FA Aa2 AA AA- CO Certifigtes of Parfiapafion FA Aa2 AA- CO Subor Lien Improv & Ref Rev Bonds FA Aa2 AA NR CO GO Water Refunding Bonds FA Aa1 AA+ Aq+ CO GO Water Refunding Bonds FA Aa1 AA+ Aq+ CO Certificates of Particpation FA Aaa AAA AAA INS 2001 to Present George K. Baum 8 Company • All Financial Advisory Issues In Colorado 3/30/2004 C 36.340 Alabama Water Poll Control Auth AL 3/23/2004 C 4.705 Uttle Thompson Water Dt CO 3/16/2004 C 10.000 Summit Co (Park City) SD BOE UT 2/2612004 N 62.800 Intermountain Power Agency UT 2/2512004 C 2.500 Chama Valley ISD #19 NM 2/10/2004 C 22.000 Washington Co SD BOE UT 2/9/2004 C 0.600 Bonner Springs-Kansas KS 2/9/2004 C 1.400 Bonner Springs-Kansas KS 2/2/2004 C 1.445 Rose Hill-Kansas KS 1/1412004 C 17.115 Colorado Springs City-Colorado CO 1/12/2004 C 1.330 Sedgwidc Co (Goddard) USD #265 KS 1/6/2004 C 0.475 Butler Co-Kansas KS 12/9/2003 C 0.400 Jewel Co (Mankato) USD #278 KS 12/112003 C 1.750 Salina-Kansas KS 11/25/2003 C 0.350 Garden City-Kansas KS 11120/2003 C 38.915 Alabama Drinking Water Fin Auth AL 11/18/2003 C 15.070 Colorado Springs Pub Fats Auth CO 11/1812003 C 1.500 Moriarty Muniapal SD #8 NM 11/14/2003 N 158.310 Colorado Springs City-Colorado CO 11/13/2003 N 77.000 Munay City-Utah UT 11!13/2003 N 231.000 Murray City-Utah UT 11/512003 C 3.175 West Hams Co MUD #9 TX 11/412003 C 7.465 Olathe-Kansas KS 10/24/2003 C 0.860 West Las Vegas Muniapal SD #1 NM 10/9/2003 C 1.815 Hays City-Kansas KS 9/25/2003 C 0.200 Magdalena Muni SD #12 NM 9/15/2003 C 5.060 Leawood-Kansas KS 9/15/2003 C 12.600 Leawood-Kansas KS 9/15/2003 N 0.090 Magdalena Muni SD #12 NM 9/10/2003 C 77.155 Denver City Co Baard of Water Comm CO 9/9/2003 N 3.000 Murray City-Utah UT 9/4/2003 C 0.900 Cimarron Muniapal SD #3 NM 8/28/2003 C 0.440 Santa Rosa Consul SD #8 NM 8/14/2003 C 0.475 Osawatomie-Kansas KS 8/12/2003 C 0.400 Tularosa Muniapal SD #4 NM 8/5/2003 C 11.370 Alabama Water Poll Contrd Auth AL 7/16/2003 N 3.000 GrantslCibola Co SD #1 NM 7/15/2003 C 0.080 Zuni Public SD NM 7/14/2003 C 4.952 Dickinson (Abilene) USD #435 KS 7/7/2003 C 1.200 Salina-Kansas KS 7!7/2003 C 3.800 Salina-Kansas KS 7!7/2003 C 4.350 Salina-Kansas KS 6/18/2003 C 2.000 Moriarty Muniapal SD #8 NM 6/1712003 C 6.000 Dulce ISD #21 NM 6/12/2003 C 1.500 Las Vegas City SD #2 NM 6/10/2003 C 0.850 Dora Cons SD #39 NM 6/10/2003 C 0.685 Portales Muniapal SD #1 NM 6/9/2003 C 40.925 Riley Co (Blue Valley) USD #229 KS 6/9/2003 C 0.850 Roosevelt Co (Dora) Consd SD # 39 NM 6/3/2003 C 9.850 Atchison Unified SD #409 KS Revolving Fund Loan Ref Bonds Water Revenue Ref Bonds GO School Building Bonds Revenue Refunding Bonds GO School Building Bonds GO Scholl Building Bonds GO Temporary Notes General Obligation Bonds General Obligation Bonds GO Refunding Bonds GO School Improvement Bonds GO Temporary Notes GO School Building Bonds GO Temporary Notes General Obligation Bonds Revolting Fund Loan Bonds Certificates of Parfiapation GO School Building Bonds Utilities Improvement Rev Bonds Hospital Revenue Bonds Hospital Revenue Bonds Unlimited Tax Bonds GO Temporary Notes GO School Building Bonds General Improvement Bonds GO School Building Bonds GO Improvement Bonds GO Temporary Notes Teaching Housing Revenue Bonds Wtr Rev Ref 8 Imp Bond Exase Tax Road Bonds Certificates of Partiapafion GO Scholl Building Bonds General Obligation Bonds , GO School Building Bonds Revolving Fund Loan Ref Bonds GO School Building Ref Bonds GO Schad Building Bonds GO Scholl Building Bonds GO Temporary Notes GO Temporary Notes GO General Improvement Bonds GO School Building Bonds GO Scholl Building Bonds GO Educ Tech Lease COPs GO Scholl Building Bonds Ed Techndogy GO Lease Purchase GO Refunding 8 Imp Bonds GO School Building Bonds GO Scholl Building Bonds FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA RA RA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA Aaa AAA AAA INS Aaa AAA AAA INS Aaa NR AAA Aaa AAA AAA INS Aa2 NR NR Aaa NR AAA NR NR NR NR NR NR NR NR NR Aa3 AA NR NR NR NR NR NR NR Aaa AAA AAA INS A2 Aa2 NR NR Aa2 AA NR Aaa NR Aa2 NR NR Aa1 Aaa NR Aaa Aaa NR NR AA+ AAA NR NR NR NR NR NR AAA NR NR NR AAA INS NR NR NR NR NR NR AAA INS AAA INS NR NR NR Aaa Aaa NR Aaa Al NR Aaa A3 Baal Baal NR Baal Aa1 Aaa NR AAA NR NR AAA NR NR NR NR NR NR NR AA NR AAA INS AAA INS NR AAA INS NR NR AAA INS NR NR NR NR NR AAA INS 2001 to Present George K. Baum ~ Company • All Financial Advisory Issues 61212003 C 0.900 Stanton Co-Kansas KS 5/21/2003 C 0.300 Mosquero Muniapal SD #5 NM 5/20/2003 C 1.500 Butler Co Fire Distrid #3 KS 5/13!2003 C 0.535 Buher-Kansas KS 5/13/2003 C 50.000 Denver City Co Board of Water Comm CO 5/13/2003 C 20.200 Salt Lake Co (Jordan) SD BOE UT 5/12/2003 C 4.942 Barton Co-Kansas KS 5/6/2003 C 1.475 Olathe-Kansas KS 5/6/2003 C 19.675 Olathe-Kansas KS 5/6/2003 C 39.540 Olathe-Kansas KS 4/23/2003 N 25.000 Garfield Co-Colorado CO 4/15/2003 C 1.285 Grants/Cibola Co SD #1 NM 4/1/2003 C 1.500 Mosquero Muniapal SD #5 NM 3/25/2003 N 0.460 Magdalena Muni SD #12 NM 3/24/2003 C 0.140 Grady Muni SD #61 NM 3/20/2003 C 2.710 Winfield-Kansas KS 3/14/2003 N 15.495 Intermountain Power Agency UT 3114/2003 N 287.225 Intermountain Power Agency UT 3/1212003 C 0.209 Wellsville City-Kansas KS 3/11/2003 C 5.995 Albany Co SD #1 WY 3/11/2003 C 0.200 Des Moines Muni SD #22 NM 3/1112003 C 21.000 Washington Co SD UT 3/4/2003 C 16.095 Sedgwidc Co (Clearwater) USD #264 KS 2/10/2003 C 0.320 North Newton-Kansas KS 2/4/2003 C 5.700 Jefferson Co Consol SD #6 MO 1/27/2003 C 6.000 Johnson Co(Gardner-Antioch)SD#231 KS 1/9!2003 C 8.000 Douglas Co (Eudora) USD #491 KS 1/7/2003 C 0.138 St John City-Kansas KS 12117/2002 C 4.000 Dulce ISD #21 NM 12/17/2002 C 0.205 Jemez Valley Public SD #31 NM 12/5!2002 N 43.005 Colorado Springs City-Colorado CO 11/20/2002 C 110.000 Colorado Springs City-Colorado CO 11/4!2002 C 5.050 Leawood-Kansas KS 10/21/2002 C 1.940 EI Dorado-Kansas KS 10/18/2002 N 3.420 Haysville-Kansas KS 10/15/2002 C 3.640 Olathe-Kansas KS 10/10/2002 C 3.305 Little Thompson Water Dt CO 10/1/2002 C 19.605 Summit Co (Park City) SD BOE UT 9/24/2002 C 39.540 Salt Lake Co (Jordan) SD BOE UT 9/23/2002 C 3.875 Haysville-Kansas KS 9/23/2002 C 94.830 Sedgwidc Co (Wichita) USD #259 KS 9/17/2002 C 11.610 Denver City Co Board of Water Comm CO 9/17/2002 C 0.600 Portales Muniapal SD #1 NM 9116/2002 N 18.765 Delta Co Mem Hosp Dt CO 9/12/2002 C 0.185 Springer Muniapal SD #24 NM 9/11/2002 C 0.075 Mountainair SD # 13 NM 9/5/2002 C 0.460 Santa Rosa Consol SD #8 NM 8/21/2002 C 2.365 Salina Airport Authority KS 8/19/2002 C 2.080 8onnerSprtngs-Kansas KS 8/19/2002 C 5.235 Bonner Springs-Kansas KS 8/15/2002 N 74.695 Colorado Springs City-Colorado CO 7/22/2002 C 0.225 Chase Co Unified SD#284 KS General Obligation Bonds GO School Building Bonds General Obligation Bonds General Obligation Bonds Water Revenue Bonds GO School Building & Ref Bonds GO Sales Tax Bonds Taxable General Obligation Bonds General Obligation Bonds Temporary Notes Hospital Revenue Bonds GO School Building Bonds GO School Building Bonds GO School Building Bonds GO School Building Bonds General Obligation Bonds Power Supply Revenue Bonds Power Supply Rev Ref Bonds General Obligation Bonds GO Refunding Bonds GO School Building Bonds GO School Buildng Bonds GO Scholl Building Bonds General Obligation Bonds GO School Bldg & Refunding Bonds GO School Bonds General Obligation Bonds General Obligation Bonds GO School Bldg Bonds GO Scholl Bldg Bonds Airport System Rev Ref Bonds Util Sys Sub Lien Imp Rev Bonds General Obligation Imp Bonds General Obligation Bonds Temporary Notes Temporary Notes Water Revenue Bonds GO Refunding Bonds GO Refunding Bonds General Obligation Bonds General Obligation Bands . GO Water Refunding Bonds GO School Building Bonds Enterprise Revenue Bonds GO School Building Bonds GO School Building Bonds GO Scholl Building Bonds GO Improvement Bonds Temporary Notes General Obligation Bonds Subordinate Lien Ref Rev Bonds Scholl Bonds FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA FA NR NR NR Aaa Aaa Aaa Aaa Aaa NR NR Baal NR NR NR Aaa Aaa Aaa AAA AAA AA AAA NR AA NR NR NR NR AAA AAA AAA AAA INS AAA AAA INS NR AAA INS NR NR INS NR NR NR NR AAA INS AAA INS AAA INS NR NR Aaa Aaa NR NR Aaa Aaa NR Baal NR Aaa Aa2 Aaa AAA NR AAA NR Aq+ AAA NR NR NR NR AAA AA NR NR AAA AAA INS NR AAA AAA INS AAA INS NR NR NR AAA INS AAA INS NR NR NR Aaa NR AAA INS Aaa NR AAA Aaa AA+ Aaa Aa1 Baal NR NR NR NR Al NR Aaa Aaa NR AAA AAA AAA INS AA+ AA+ NR NR BBB NR NR NR NR NR NR NR NR NR AAA AAA INS AAA AAA INS NR NR 7!10/2002 C 0.144 Sierra Kings Health Dt CA General Obligation Bonds FA Aaa AAA AAA INS 7/1012002 C 5.855 Sierra IGngs Health Dt CA General Obligation Bonds FA Aaa AAA AAA INS 7/812002 C 1.980 Salina-Kansas KS GO Internal Improvement Bonds FA Al 712/2002 C 0.800 Olathe-Kansas KS General Obligation Bonds FA Aa3 AA NR 712/2002 C 13.650 Olathe-Kansas KS GO Refunding Bonds FA Aa3 AA NR 6/28/2002 N 1.910 Lubbock Housing Finance Corp TX Multi-Family Housing Rev Bonds FA A3 6128/2002 N 11.090 Lubbock Housing Finance Corp TX Multi-Family Housing Rev Bonds FA A3# 6/27/2002 C 36.800 Johnson Co (Blue Valley) USD #229' KS GO School Bonds FA Aaa AA AAA INS 6118/2002 C 0.335. Jemez Valley Public SD #31 NM GO School Buildng Bonds FA 6/17/2002 C 0.685 Winfield-Kansas KS General Obligation Bonds FA NR NR NR 6/13/2002 C 1.000 Moriarty Munidpal SD #8 NM GO School Building Bonds FA Aaa NR AAA INS 6/11/2002 C 10.000 Washington Co SD UT GO Scholl Building Bonds FA Aaa AAA 6/11/2002 C 0.36Q West Las Vegas Munidpal SD #1 NM GO School Building Bonds FA Baal NR NR 6/10/2002 C 0.200 Dickinson Co (Herington) SD #487 KS GO Scholl Bonds FA 5/21/2002 C 95.835 Intermountain Power Agency UT Power Supply Rev Ref Bonds FA Aaa AAA AAA INS 5/1612002 C 5.000 Dulce ISD #21 NM GO School Buildng Bonds FA Aaa NR AAA INS 5/14/2002 C 7.000 Hobbs Munidpal SD #16 NM . GO School Building Bonds FA Aaa NR AAA INS 5/9/2002 C 0.428 Conway Springs-Kansas KS General Obligation Bonds FA 5/8/2002 C 9.210 Olathe-Kansas KS General Obligation Bonds FA Aa3 AA NR 5/8/2002 C 41.185 Olathe-Kansas KS GO Temporary Notes FA NR NR NR 5!712002 C 5.300 Espanola Public SD #45 NM General Obligation Bonds FA Aaa NR AAA INS 5/6/2002 C 1.748 Atchison-Kansas KS General Obligation Bonds FA A3 5/6/2002 C 0.800 Rose Hill-Kansas KS General Obligation Bonds FA 5/112002 C 0.900 Ouesta ISD #9 NM GO Lease Purch Certs of Partic FA NR NR NR 4123/2002 C 13.480 Denver City and Co-Colorado CO Certificates of Partidpation FA Aaa AAA AAA INS 4115/2002 C 2.850 Louisburg-Kansas KS Temporary Notes FA NR NR NR 4/412002 C 0.850 West Las Vegas Munidpal SD #1 NM GO School Building Bonds ' FA Baal NR NR 3/19/2002 C 2.200 Arkansas City-Kansas KS General Obligation Bonds FA NR NR NR 3/4/2002 C 4.865 Salina-Kansas KS Temporary Notes , FA NR NR NR 2114/2002 C 1.000 Neodesha-Kansas ~ KS Improvement Bonds FA 1/15/2002 C 15.000 Jefferson Co Consc SD #6 MO GO School Buildng Bands FA Aaa AAA AAA INS 12118/2001 C 1.350 Johnson Co fire Dt #2 KS GO Improvement Bonds FA 12/18/2001 C 3.000 Moriarty Munidpal SD #8 NM GO School Buildng Bonds FA Aaa NR AAA INS 12/10/2001 C 0.165 Hondo Valley Public SD #20 NM GO School Buildng Bonds FA NR NR NR 12/4/2001 C 0.725 Olathe-Kansas KS Temporary Notes FA NR NR NR 12/4/2001 C 4.575 Olathe-Kansas KS General Obligation Bonds FA Aa3 AA 11121/2001 C 1.400 Portales Munidpal SD #1 NM GO School Buildng Bonds FA Aaa NR AAA INS 11/20/2001 C 0.340 Jemez Valley Public SD #31 NM GO School Buildng Bonds FA 11/13/2001 C 16.070 Denver City and Co-Colorado CO Certificates of Partidpation FA Aaa AAA AAA INS 11/13/2001 C 1.292 Garden City-Kansas KS General Obligation Bonds FA A2 11/72001 C 33.910 Denver City and CoColorado CO Certificates of Partidpation FA Aa2 AA AA- 11/6/2001 C 2.260 Junction City-Kansas KS GO Improvement Bonds FA Aaa AAA AAA INS 11/512001 C 0.130 Lindsborg City-Kansas KS General Obligation Bonds FA 10/25/2001 N 0.775 Cimarron Munidpal SD #3 NM GO Certificates of Partidpation FA NR NR NR 10/232001 C 0.340 Fort Scott City-Kansas KS General Obligation Bonds FA 10/17/2001 C 1.385 Salina Airport Authority KS GO Improvement Bonds FA Al 10/10/2001 C 0.150 Mosquero Munidpal SD #5 NM Ed Tech GO Lease Purchase COP FA NR NR NR 10/92001 C 13.575 Washington Co Board of Education AL General Obligation Bonds FA Aaa AAA 10/92001 C 13.515 Washington Co SD UT School Building Bonds FA Aaa A+ 9/262001 C 1.250 Haysville-Kansas KS Temporary Notes FA NR NR NR 9/25/2001 C 10.000 Salt Lake Co (Jordan) SD BOE UT GO School Building Bonds FA Aaa AAA AAA 9/182001 C 1.175 Arkansas City-Kansas KS General Obligation Bonds FA 9118/2001 C 2.000 Dulce ISD #21 NM GO Scholl Building Bonds FA Aaa NR AAA INS 911112001 C 1.330 Garden City-Kansas KS General Obligation Bonds FA A2 NR NR NR 9111/2001 C 0.435 Tularosa Muniapal SD #4 NM GO Scholl Buildng Bonds FA NR NR AAA AAA I NS 911012001 C 4.845 Wilson Co-Kansas KS UnRd Tax GO Sales Tax Bonds FA Aaa NR 81912001 C 0.215 Springer Muniapal SD #24 NM GO School Building Bonds FA NR NR NR 8/612001 C 9.300 Leawood-Kansas KS GO Improvement Bonds FA Aa1 NR 812/2001 C 42.800 Denver City Co Board of Water Comm CO Certificates of Partiapation 811!2001 C 74.500 Johnson Co (Blue Valley) USD #229 KS GO Refunding Bonds FA Aa1 AA+ 7127/2001 N 300.790 Colorado Springs City-Colorado CO Subor Lien Improv & Ref Rev Bonds FA Aa2 AA NR 712512001 C 11.215 Denver City Co Board of Water Comm CO GO Water Refunding Bonds FA Aa1 AA+ AA+ 712512001 C 77.990 Denver City Co Board of Water Comm CO GO Water Refunding Bonds FA Aa1 AA+ AA+ 711812001 C 0.711 Fort Scott City-Kansas KS General Obligation Bonds FA 711612001 C 3.507 Goddard-Kansas KS General Obligation Bonds FA NR NR 7/912001 C 0.935 Salina-Kansas KS General Obligation Tamp Notes FA NR 712/2001 C 0.460 Winfield-Kansas KS General Obligation Bonds FA 612512001 C 1.274 Marion-Kansas KS GO Sales Tax Bonds FA FA Aaa NR AAA INS 6/22/2001 C 2.700 Pecos ISD #21 NM GO School Building Bonds al B NR NR 611912001 C 2.600 Loving Muniapal SD #10 NM GO Scholl Building Bonds FA a 611812001 C 0.995 Louisburg-Kansas KS General Obligation Bonds FA B l NR NR 6/1412001 C 0.900 West Las Vegas Muniapal SD #1 NM GO School Building Bonds FA aa 6/11/2001 C 0.990 Logan Muni SD #32 NM GO School Building Bonds FA NR A a# NR AA# NR AAA INS# 611112001 C 94.835 Sedgwidc Co (Wichita) USD #259 KS General Obligation Bonds FA a 5/1512001 C 9.460 Park City SD UT GO Sch Bldg and Ref Bonds FA Aaa NR AAA AAA INS 511412001 N 20.000 Murray City-Utah UT Electric Revenue Bonds FA Aaa A AAA AAA INS 51712001 C 6:230 Clay Co Unified SD #379 KS GO School Bonds FA FA aa Aaa NR AAA INS 5/312001 C 2.500 Las Vegas City SD #2 NM GO Education Technology Notes . NR 51212001 C 0.150 Wagon Mound Public SD #45 NM Certificates of Participation FA NR NR 51112001 C 6.825 Olathe-Kansas KS General Obligation Bonds FA Aaa AA 5/112001 C 37.100 Olathe-Kansas KS General Obligation Temp Notes FA NR NR NR 4/30/2001 C 2.720 Barton Co-Kansas KS General Obligation Bonds FA FA Aaa AAA AAA 412512001 C 19.500 Murray City SD UT GO School Building Bonds FA Aaa AAA AAA INS 411812001 C 0.885 Mendoano Coastal Health Care Dt CA General Obligation Bonds AAA AAA INS 4/1812001 C 4.615 Mendoano Coastal Health Care Dt CA General Obligation Bonds FA Aaa 4/1712001 C 1.800 Grant Co-Kansas KS GO Library Bonds FA NR NR NR NR NR NR 4/1212001 C 1.965 Hays City-Kansas KS GO Temporary Notes FA FA Aaa AAA AAA INS 4/1212001 N 100.000 Salt Lake Co-Utah UT Hospital Revenue Bonds FA Aaa AAA AAA INS 4/312001 C 8.270 Olathe-Kansas KS Water and Sewer Sys Revenue Bonds NR NR 312012001 N 0.500 University of New Mexico Regents NM General Obligation Bonds FA Al NR 3/1312001 C 0.770 Elida Muni SD # 2 NM GO School Building Bonds FA NR NR NR AAA INS 3/1212001 C 6.500 Patales Muniapal SD #1 NM GO School Building Bonds FA Aaa 3/812001 C 0.742 Vaughn Muniapal 5D #33 NM GO School Building Bonds FA NR NR NR 31512001 C 0.250 Barton Co USD #354 KS GO School Improvement Bonds FA NR NR AAA NR AAA INS 212812001 C 14.850 Denver City and Co-Colorado CO Certificates of Partiapation FA Aaa A AAA AAA INS 211212001 C 1.763 Haysville-Kansas KS General Obligation Bonds FA aa A AAA AAA INS 2!712001 N 125.000 Salt Lake Co-Utah UT Hospital Revenue Bonds FA aa A AAA AAA INS 2/712001 C 9.800 Ulysses Unified SD #214 KS GO Scholl Improv Bonds FA aa A NR AAA INS 2/6/2001 C 6.000 GrantslCibola Co SD #1 NM GO School Building Bonds FA aa $ 3,299.93 Totallssues: 201 538.090,000 Town of Vail, Colorado With Premium Bonds Conference Center 35 years Revenue Bonds,Series 2004 Settlement 8172004 DEBT SERVICE Annual Net Payments Available Coverage Date Principal Rate Interest Total Total Net Revenue Year Insured 4162004 & other tun0.a(1J Dated 8112004 3,300,000 3,300,000 1 12/12004 - 579,709.58 579,709.58 579,709.58 579,709.58 3,300,000 5.69 2004 2 N72005 869.564.38 869,564.38 - 3 ~ 12/12005 550,000 2.500% 869,564.38 1,419,584.38 2,289,128.75 - 2,289,128.75 3,300,000 1.44 2005 4 6112008 862,688.36 862,689.38 - - 5 12/72006 565,000 ~ 2.5009x. 862,669.38 1,427,889.38 2,290,378.75 - 2.290,378.75 3.300,000 1.44 2006 8 6112007 655,626.88 855,626.88 - 7 12112007 580,000 2.500% 855.626.88 1,435,626.88 2,291,253.75 - 2,291,253.75 3,300,000 1.44 2007 8 6!12008 848,376.88 648,376.88 - 9 12/12008 590,000 2.750% 848,376.88 1,436,376.68 2,288,753.75 - 2,286,753.75 3,300,000 1.44 2008 10 612009 840,264.38 840,264.36 - 17 12112009 810,000 3.125% 840,264.38 1,450264.38 2,290,528.75 - 2,290,528.75 3,300,000 1.44 2009 12 6112010 630,733.13 830,733.13 - 13 12/12010 630,000 3.375% 630,733.13 7,460,733.13 2,291,468.25 - 2,291,46625 3,300,000 1.44 2010 14 6112071 820,101.88 820,101.88 - 75 12/12071 650,000 3.625% 820,101.88 1,470,701.68 2,280,203.75 - 2,290,203.75 3,300,000 1 44 2011 16 61720/2 808,320.63 806,320.63 _ . 17 12112012 675,000 3.875% 808,320.63 1,483,320.63 2,291,64125 - 2,291,64125 3,300 000 1.44 2012 18 6112073 795242.50 795,242.50 , 19 12172013 700,000 4.000% 795242.50 7,495242.50 2290,485.00 - 2,290,485.00 3,300 000 1 44 2013 20 6/12014 781,242.50 781,242.50 , . 21 12112014 725,000 4.125% 781242.50 1,508242.50 2,287,485.00 2,287,485.00 3,300,000 44 1 2014 22 8/72015 768289.38 788289.38 _ . 23 12172015 755,000 3.900% 768289.38 1,521289.38 2,287,578.75 2,287,578.75 3,300 000 1 44 2015 24 8112078 751,568.88 751,566.88 , . 25 12112018 785,000 4.000% 757,566.88 1,536,588.68 2286,133.75 2288,133.75 3 300 000 1 44 2078 28 6!72017 735,886.68 735,866.88 , , . 27 12172077 875,000 ' 4.700% 735,866.88 7,550,886.88 2,286,733.75 2,266,733.75 3 300 000 1 44 2017 28 fiJ12078 719,159.38 718,159.38 , , . 29 72112078 850,000 4.200%~ 719,159.38 1,589,159.38 2,288,318.75 - 2,288,316.75. 3,300 000 7 44 2018 30 6!12019 707,309.38 701,309.38 _ , . 31 72!12079 885,000 4.300% 701,309.38 1,588,309.38 2287,678.75 2,287,618.75 3 300 000 1 44 2019 32 6!72020 682,281.88 682281.88 _ , , . 33 12112020 925,000 4.400% 682,281.88 1,607267.88 2289,563.75 - 2,289,563.75 3,300 000 7 44 2020 34 6112021 661,931.88 661,931.88 , . 35 12/12021 985,000 4.500% 661,931.88 1,628,931.88 2288,863.75 - 2,288,863.75 3 300 000 1 44 2021 38 &12022 640218.38 640219.38 , , . 37 12112022 1,010,000 4.800% 640219.38 7,650,219.38 2290,438.75 2290,438.75 3 300 000 7 44 2022 36 6112023 816,989.38 618,989.38 ~ _ , , . 39 72172023 1,055,000 _ 4.625% 616,989.38 1,671,989.38 2,288,978.75 - 2,288,978.75 3,300,000 1.44 2023 40 6112024 592,592.50 592,592.50 _ 41 12112024 1,105,000 4.700% 592,592.50 7,697,592.50 2.280,185.00 - 2,290,185.00 3 300 000 1 44 2024 42 6112025 566,625.00 568,625.00 , , . 43 12112025 1,155,000 5.000% 566,625.00 1,721,825.00 2,288,250.00 2,288,250.00 3 300 000 44 7 2025 44 6172028 537,750.00 537,750.00 _ , , . 45 12/12028 1215,000 5.000% 537,750.00 1,752,750.00 2290,500.00 - 2,290,500.00 3,300 000 1 44 2026 48 8112027 507,375.00 507,375.00 _ , . 47 12/12027 1275,000 , 5.000% 507,375.00 1,782,375.00 2,289,750.00 2,269,750.00 3,300,000 ~ 1 44 2027 48 8112028 475,500.00 475,500.00 _ . 49 17/12028 1,340,000 5.000% 475,500.00 1,815,500.00 2,281,000.00 - 2,291,000.00 3,300 000 1 44 2028 50 6112029 442,000.00 442,000.00 _ , . 57 12112028 1,405,000 5.000% 442,000.00 7,847,000.00 2289,000.00 - 2,269,000.00 3,300,000 1.44 2029 52 6/12030 ~ 408,875.00 408,875.00 _ 53 12112030 7,475,000 5.000% 406,875.00 1,881,875.00 2288,750.00 - 2,288,750.00 3,300,000 44 1 2030 54 6172031 370,000.00 370,000.00 _ . 55 12112037 1,550.000 5.000% 370,000.00 1,920,000.00 2,290,000.00 - 2,290,000.00 3,300 000 1 44 2037 56 6112032 331250.00 337250.00 _ _ , . 57 12112032 1,625,000 5.000% 331250.00 7,956250.00 2,287,500.00 - 2287,500.00 3 300 000 1 44 2032 56 &72033 290,825.00 290,826.00 _ _ , , . 59 17/12033 1,710,000 5.000% 290,825.00 2,000,625.00 2,291250.00 2291250.00 3 300 000 1 44 2033 80 8x12034 247,875.00 247,875.00 , , . 61 12112034 7,795,000 5.000% 247,875:00 2,042,875.00 2,290,750.00 2,290,750.00 3,300,000 1 44 2034 62 6112035 203,000.00 203,000.00 - . 63 72/12035 1,885,000 5.000% 203,000.00 2,088,000.00 2291,000.00 2,291,000.00 3,300 000 1 44 2035 64 8/12036 155,875.00 155,875.00 , . 85 72/12038 7,980,000 5.000% 155,875.00 2,135,875.00 2291,750.00 2,291,750.00 3,300,000 7 44 2038 66 6/12037 106,375.00 108,375.00 . 67 12/72037 2,075,000 5.000% 108,375.00 2,781,375.00 2,287,750.00 2,287,750.00 3,300,000 44 1 2037 68 6/12038 54.500.00 54.500.00 _ . 69 72/12038 2,180,000 5.000% 54,500.00 2234,500.00 2,289,000.00 2,289,000.00 3,300,000 1.44 2036 Total 38,090,000 40,337,698.33 76,421,898.33 78,427,696.33 From Revenues M 2003 end 2004 5,900,000 TOTAL Premium/(DtscounD 396.862.95 - Total 38,486,862.95 Acwed Interest _ Averege Rate 4.83039% - 5,900,000 left from 2003, 2004 4,000,000 W project fund revenues NIC 4.80130% 1,900,000 remaining Projea Fund 37,770,000.00 Net Funded Average Life 21.92083 UAN Spread 153,947.45 0.400% on proceeds Bondyeare 834,956.67 COI 80,000.00 Bondyield 4.80668% Ins Prem 470,530.19 0.600% All In TIC 4.85537% DSRF Surety 68,752.50 Cap lnt _ Balance to Protect 3.632.81 ToW 38,486,862.95 4:02 PIr44/82004 George K. Baum 8 Company vallprem404a35c.xls production! $38,090,000 Town of Vail, Colorado Conference Center Revenue Bonds,Series 2004 Dated 08/01 /04 Settlement 08/01/04 First Coupon 12/1/2004 Call Date 12/1!2014 Call Premium 0.00% With Premium Bonds 396,862.95 Principal Coupon Yeld $Price to maturity/ Production or call 12/1/2005 550,000 2.500% 1.350% 101.513 M 8 321.50 12/1/2006 565,000 2.500% 1.780% 101.637 M , 9 249 05 12/1/2007 580,000 2.500% 2.120% 101.215 M , . 7 047.00 12/1/2008 590,000 2.750% 2.500% 101.018 M , 6 006.20 12/1/2009 610,000 3.125% 2.790% 101.647 M , 10 046.70 12/1/2010 630,000 3.375% 3.080% 101.682 M , 10 596.60 12/1/2011 650,000 3.625% 3.330% 101.902 M , 12 363.00 12/1/2012 675,000 3.875% 3.560% 102.250 M , 15 187.50 12/1/2013 700,000 4.000% 3.710% 102.266 M , 15 862.00 12/1/2014 725,000 4.125% 3.870% 102.150 M , 15 587.50 12/1/2015 755,000 3.900% 3.990% 99.181 M , (6,183.45) 12/1/2016 785,000 4.000% 4.090% 99.130 M (6,829.50) 12/1/2017 815,000 4.100% 4.190% 99.083 M (7,473.55) 12/1/2018 850,000 4.200% 4.290% 99.038 M , (8,177.00) 12/1/2019 885,000 4.300% 4.390% 98.998 M (8,867.70) 12/1/2020 925,000 4.400% 4.480% 99.074 M (8,565.50) 12/1/2021 965,000 4.500% 4.570% 99.162 M (8,086.70) 12/1/2022 1,010,000 4.600% 4.660% 99.259 M (7,484.10) 12/1/2023 1,055,000 4.625% 4.730% 98.673 M (13,999.85) 12/1/2024 1,105,000 4.700% 4.800% 98.704 M (14,320.80) 12/1/2025 1,155,000 5.000% 4.750% 102.016 C 23,284.80 12/1/2026 1,215,000 5.000% 4.750% 102.016 C 24,494.40 12/1/2027 1,275,000 5.000% 4.750% 102.016 C 25,704.00 12/1/2028 .1,340,000 5.000% 4.750% 102.016 C 27,014.40 12/1/2029 1,405,000 5.000% 4.800% 101.607 C 22,578.35 12/1/2030 1,475,000 5.000% 4.800% 101.607 C 23,703.25 12/1/2031 1,550,000 5.000% 4.800% 101.607 C 24,908.50 12/1/2032 1,625,000 5.000% 4.800% 101.607 C 26,113.75 12/1/2033 1,710,000 5.000% 4.800% 101.607 C 27,479.70 12/1/2034 1,795,000 5.000% 4.810% 101.526 C 27,391.70 12/1/2035 1,885,000 5.000% 4.810% 101.526 C 28,765.10 12/1/2036 1,980,000 5.000% 4.810% 101.526 C 30,214.80 12/1/2037 2,075,000 5.000% 4.810% 101.526 C 31,664.50 12/1/2038 2,180,000 5.000% 4.810% 101.526 C 33,266.80 Total Serials 15,425,000 20,278.90 2028 Term 4,985,000 5.000% 4.750% 102.016 100,497.60 2033 Term 7,765,000 5.000% 4.800% 101.607 124,783.55 2038 Temt 9,915,000 5.000% 4.810% 101.526 151,302.90 Total 38,090,000 396,862.95 4:02' PM4/6/2004 George K. Baum 8~ Company vailprem404a35c.xls Town of Vail, Colorado Conference Center Revenue Bonds,Series 2004 Assumes balance earns at a rate per year of 1.00% Summary of Use of Taxes txpecteo Kevenues to Available Cumulative Revenue(1) project fund Debt Service NET for Operations Balance 2003 3,000,000 Debt Service Annually 3,000,000 ~~~ ~~~~~~ ~~~ ~,avv,vvu - 5/~J,/lU 579,710 2,320,290 5,350,290 12/1/2005 3,474,000 2,000,000 2,289,129 2,289,129 1,184,871 4,588 665 12/112006 3,555,000 2,000,000 2,290,379 2,290,379 1,264,621 , 3,899 172 12/1/2007 3,656,000 2,291,254 2,291,254 1,364,746 , 302 5 910 12/1/2008 3,766,000 - 2,286,754 2,286,754 1,479,246 , , 6 835 186 12/1/2009 3,885,000 - 2,290,529 2,290,529 1,594,471 , , 8 498 009 12/1/2010 4,010,000 - 2,291,466 2,291,466 1,718,534 , , 10 301 523 12/1/2011 4,142,000 - 2,290,204 2,290,204 1,851,796 , , 12 256 334 12/1/2012 4,250,000 - 2,291,641 2,291,641 1,958,359 , , 14 337 256 12/1/2013 4,361,000 - 2,290,485 2,290,485 2,070,515 , , 16 551 144 12/1/2014 4,475,000 - 2,287,485 2,287,485 2,187,515 , , 18 904 170 12/1/2015 4,592,000 - 2,287,579 2,287,579 2,304,421 , , 21 397 633 12/1/2016 4,712,000 - 2,288,134 2,288,134 2,423,866 , , 24 035 476 12/1/2017 4,836,000 2,286,734 2,286,734 2,549,266 , , 26 825 097 12/1/2018 4,963,000 - 2,288,319 2,288,319 2,674,681 , , 29 768 029 12/1/2019 5,093,000 - 2,287,619 2,287,619 2,805,381 , , 32 871 091 12/1/2020 5,226,000 - 2,289,564 2,289,564 2,936,436 , , 36 136 238 12/1/2021 6,363,000 - 2,288,864 2,288,864 4,074,136 , , 40 571 736 12/1/2022 5,504,000 - 2,290,439 2,290,439 3,213,561 , , 44 191 015 12/1/2023 5,649,000 - 2,288,979 2,288,979 3,360,021 , , ~ 47,992 946 12/1/2024 5,797,000 - 2,290,185 2,290,185 .3,506,815 , 51 979 691 12/1/2025 5,950,000 - 2,288,250 2,288,250 3,661,750 , , 56 161 238 12/1/2026 6,107,000 - 2,290,500 2,290,500 3,816,500 , , 60 539 350 12/1/2027 6,267,000 - 2,289,750 2,289,750 3,977,250 , , 65 121 994 .12/1/2028 6,267,000 - 2,291,000 2,291,000 3,976,000 , , 69 749 214 12/1/2029 6,267,000 - 2,289,000 2,289,000 3,978,000 , , 74 424 706 12/1/2030 6,267,000 - 2,288,750 2,288,750 3,978,250 , , 79 147 203 12/1/2031 6,267,000 - 2,290,000 2,290,000 3,977,000 , , 83 915 675 12/1/2032 6,267,000 - 2,287,500 2,287,500 3,979,500 , , 88 734 332 12/1/2033 6,267,000 - 2,291,250 2,291,250 3,975,750 , , 93 597 425 12/1/2034 6,267,000 - 2,290,750 2,290,750 3,976,250 , , 98 509 649 12/1/2035 6,267,000 - 2,291,000 2,291,000 3,976,000 , , 102 485 649 12/1/2036 6,267,000 - 2,291,750 2,291,750 3,975,250 , , 106 460 899 12/1/2037 6,267,000 - 2,287,750 2,287,750 3;979,250 , , 110 440 149 12/1/2038 6,267,000 - 2,289,000 2,289,000 3,978 000 , , 114 418 149 (1) Years 2004-2033 from HVS Draft 1/4/2004 Executive Summary, Table 9 (2) Amount needed to arrive at 5.9MM at the end of 2004 $124,090 additional earnings from 8/1 to 12/1/2004 on project fund at 1% when issued in August 4:02 PM4/6/2004 George IC. Baum ~ Company vailprem404a35c.xls draw With Premium Bonds $38,090,000 Town of Vail, Colorado Conference Center Revenue Bonds,Series 2004 Dated 8/1 /2004 Settlement 8/1/2004 Average Life 1.544 years Project 42,500,000 DRAW SCHEDULE CONSTRUCTION FUND Earnings Date Balance Draw Draw Draw Deposit 1.000% Cumulative Settlement 8/1/2004 37,710,000 1 9/1/2004 37,388,030 (321,970) 31,425 2 10/1/2004 37,066,061 (321,970) 31,157 3 11/1/2004 36,744,091 (321,970) 30,888 4 12/1/2004 36,546,211 (321,970) 30,620 124,090 5 1/1/2005 35,902,272 (643,939) 30,455 6 2/1/2005 35,314,788 (643,939) 29,919 7 3/1/2005 34,670,849 (643,939) 28,429 8 4/1/2005 33,704,940 (965,909) 28,892 9 5/1/2005 32,739,031 (965,909) 28,087 10 6/1/2005 31,947,187 (965,909) 27,283 174,065 11 7/1/2005 30,659,308 (1,287,879) 26,623 12 8/1/2005 29,424,987 (1,287,879) 25,549 13 9/1/2005 27,815,138 (1,609,848) 24,521 14 10/1/2005 26,205,290 (1,609,848) 23,179 15 11/1/2005 24,273,471 (1,931,818) 21,838 16 12/1/2005 24,483,591 (1,931,818) 2,000,000 20,228 141,938 17 1/1/2006 22,551,773 (1,931,818) ~ 20,403 18 2/1/2006 20,674,057 (1,931,818) 18,793 19 3/1/2006 18,742,239 (1,931,818) 17,228 20 4/1/2006 16,488,451 (2,253,788) 15,619 21 5/1/2006 14,234,663 (2,253,788) 13,740 22 6/1/2006 12,078,521 (2,253,788) 11,862 97,646 23 7/1/2006 9,824,733 (2,253,788) 10,065 24 8/1/2006 7,304,056 (2,575,758) 8,187 25 9/1/2006 5,050,268 (2,253,788) 6,087 26 10/1/2006 3,118,450 (1,931,818) 4,209 27 11/1/2006 1,508,602 (1,609,848) 2,599 28 12/1/2006 2,253,127 (1,287,879) ~ 2,000,000 1,257 32,404 29 1/1/2007 1,287,218 (965,909) 1,878 30 2/1/2007 643,278 (643,939) 1,073 31 3/1/2007 321,309 (321,970) 536 32 4/1/2007 3,093 (321,970) 268 3,754 TOTALS (42,500,000) - _ - 4,000,000 573,897 573,897 From Bond Proceeds 37,710,000 From Project Earnings 573,897 Project Cost 42,500,000 9:18 AM4/7/2004 George K. Baum 8 Company vailprem404a35c.xls fl~ENiORAIVDUM TO: Vail Town Council FROM: Department of Community Development DATE: April 20, 2004 SUBJECT: An Appeal of the March 3, 2004 Design Review Board (DRB) approval with conditions of a proposal to build a new single family residence located at 1310 Greenhill Court/Lot 17, Glen Lyon Subdivision, by the owner of lot 24B, Glen Lyon, Mr. Barry Cunningham. Appellant: Barry Cunningham, represented by Art Abplanalp Planner: Matt Gennett I. SUBJECT PROPERTY The subject property is part of Special Development District fVo. 4 with the underlying zone district being Two-Family Primary/Secondary Residential (PS), the standards of which prevail in this case, and is located at 1310 Greenhill Court/Lot 17, Glen Lyon Subdivision. The appellant owns one-half of a duplex lot and structure located at 1319 Greenhill Court/Lot 24B, Glen Lyon Subdivision (Attachment H, Vicinity Map). II. STANDING OF APPELLANT The appellant, Barry Cunningham, has standing to file an appeal as the property owner of Lot 246, Glen Lyon Subdivision. III. BACKGROUND In 1978, the Glen Lyon Subdivision was platted, thereby creating lots 17 and 24. In 1996, Mr. Cunningham received a building permit to construct a duplex on Lot 24, Glen Lyon Subdivision. Subsequent to the original construction, the duplex structure has since been maxed out on the allowable GRFA. In March of 2004, Mr. Purchase received Design Review Board (DRB) approval with conditions to construct asingle-family home on lot 17, with the following (one) condition of approval: That the applicant revises the design review board plans to depict the relocation of the house 8 - 9 feet further back (south) on the lot, prior to application for a building permit. The DRB created and imposed this condition of approval to reach a compromise and take the concerns of the appellant into consideration with the conditional approval granted to Mr. Purchase, and ensure compliance with the Design Guidelines. IV. REQUIRED ACTION The Town Council shall uphold, overturn, or modify the Design Review Board's approval with conditions of Mr. Purchase's design review application to construct a new single-family residence located at 1310 Greenhill Court/Lot 17, Glen Lyon Subdivision. Pursuant to Sub-section 12-3-3-C.5, Vail Town Code, the Town Council is required to make findings of fact in accordance with the Vail Town Code: The Town Council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions thaf the standards and conditions imposed by the requirements of this title (Zoning Regulations, Title 12) have or have not been met. V. NATURE OF THE APPEAL The appellant, Mr. Barry Cunningham, represented by Art Abplanalp, of Abplanalp Law Office, PC, is appealing the Design Review Board's decision to unanimously approve with conditions the proposed Purchase Residence. The appellant has provided written justification for the appeal. A copy of the appellant's letter (Attachment D) is attached for reference. Staff began working with the appellant during the last week of February, 2004 approximately one week and a half prior to the March 3, 2004, DRB meeting to help him understand the plans for the proposed Purchase Residence. The following are the appellant's stated issues of concern, verbatim, and staff's response to each of the allegations written below each issue: Issue 1: Survey Section 12-11-4: Material to be Submitted; Procedure; subsection C, 1, requires a surveyfo be submitted. The survey is required to show existing trees or groups of trees having trunks with diameters of four inches or more atone foot above natural grade. The survey submitted by the applicant only includes "coniferous" trees (i.e., Evergreens). There are numerous large Aspen trees on the property with diameters exceeding 4': The Town Code makes no exclusion for Aspen trees. Therefore the applicant did not provide the required submittal materials and the Design Review Board should therefore not have taken action on the proposal until such required information was provided. This insufficiency was brought to the attention of staff and the Design Review Board (DRB) prior to the approval of the project on March 3, 2004 by Mr. Cunningham to no avail. Without the identification of the Aspens, it is impossible to evaluate the proposed impacts, or after construction, the actual impact of the development activity on this important neighborhood asset. (Attachment G) Staff s Response: The survey submitted with Mr. Purchase's application is dated June 25, 2001, is stamped and signed by a licensed Surveyor, and meets the requirements of section 12-11-4, Vail Town Code (Attachment G). Staff performed a site visit to the subject property in early February, 2004, shortly after the ,application was submitted, and did not notice any discrepancies between what was shown on the survey and the existing vegetation visible on the site. Further inspection revealed that 6-8 aspen trees are located in and around the building envelope which do not appear on the survey. Staff did make the concerns of the appellant clear to the DRB at the pre-meeting for the final review on March 3, 2004, and made a point to indicate, during the scheduled site visit, the trees not illustrated on the survey. The DRB acknowledged the aspen trees at issue, and took them into consideration ~ with the condition of approval imposed on the applicant. The DRB also listened to the testimony of the appellant during the public hearing and made their decision afterward. 2 Issue 2: Trees There is a cluster of large Aspens located along the lower portion (west side) of the subject property that were not depicted on the tree survey. Had those trees been properly depicted we believe the DRB would have considered these valuable trees that form a natural buffer between Mr. Cunningham's home and the proposed home. Section 10 of the Development Standards Handbook states that the location of structures should be such that it limits the removal of trees and is responsive to the topography. Additionally, the intent of the landscape plan is to "preserve and enhance the natural landscape character of the area in which it is located." This section also states "the Design Review Board may designate allowable limits of construction activity and require physical barriers in order to preserve significant natural features and vegetation upon a site." The DRB placed a condition on the approval of this project requiring the applicant to move the proposed home an additional 8'- 9' away from the west property line. This number was arrived at arbitrarily and instead should have been based upon the location of mature trees. Had the DRB based the condition upon the natural vegetation located on the site it should have required the home be setback an additional 15' based on the location of mature vegetation instead of 8' -9'. Setting the home back a total of 30' from the west lot line would not have resulted in significant impacts to the design of the home, retaining walls, or driveway grade. Therefore, the DRB erred when approving the project due to the lack of consideration of the impacts to mature trees on the property that form a natural buffer to adjacent properties. Staff s Response: The appellant is correct in his assertion that there are approximately 6-8 live aspen trees of a 4" caliper or greater which are not depicted on the survey that are within the proposed building envelope. As stated in the response to Issue 1, staff did point out the aspen trees in question to the DRB during the scheduled site visit and there was some discussion over whether those trees were more aesthetically valuable than any of the numerous other mature trees on Lot 17. The subject site covers over half an acre of land (23,731 square feet) and contains a substantial number of mature trees throughout the property. There are many more larger trees on the subject property that are being preserved under the current approval with conditions than if the proposed structure was to be located further up the hillside. Under Mr. Purchase's current proposal, pursuant to the DRB's condition of approval, 37 mature trees are being removed. If Mr. Purchase were to move the house an additional ten feet up the hillside, to the northwest, approximately the same number of trees would have to be removed. Issue 3: Driveway Layoug Section 10 of the Development Standards Handbook states that access ways shall be responsive to the existing topography of a site. The proposed plan includes an open-air covered parking area for four cars and an expansive driveway and auto-court, which creates the need for retaining walls and impacts large stands of mature trees. The width of the driveway is inconsistent with the design guidelines, which require that impacts to topography and trees should be minimized. A review of other driveways along Greenhill Court reveals that this is only home that contains an expansive auto-court and an open-air covered parking area. Therefore, the proposed driveway, auto-court, and covered parking area are out of character for the neighborhood. An adequate driveway can be designed to reduce impacts to both topography and trees. The DRB erred when approving this project due to the impacts of the driveway to trees, the impacts to natural topography, and the necessity for tall retaining walls almost on the lot line to retain the auto-court. 3 Staff's Response: Upon review by staff and the DRB, the proposed location of the Purchase Residence seemed to present the least amount of negative impacts, visual and otherwise, to the whole of Lot 17, Glen Lyon Subdivision. If the applicant chose to locate his new residence further up the hillside, the required road cut would create a negative visual impact, in the form of a scar on the landscape, visible from a substantial distance away. Likewise, a longer driveway would necessitate the removal of a large- number of mature trees on the site and a considerable amount of natural landscape to be disturbed. Therefore, locating the residence in as close proximity to Greenhill Court as possible without encroaching into the setbacks minimizes the impacts on existing topography and trees. Issue 4: Driveway Functionality The owner has designed a home that is elevated on piers and contains a garage buried deep beneath the home. Access to the garage and designated parking spaces make it nearly impossible for a car to back down the driveway or turnaround. on site and exit the driveway. The Development Standards Handbook requires that driveways be designed as to allow free and unobstructed access to and from the site: The plan approved by the DRB does not allow for adequate vehicularmaneuverability. The access to the site can be greatly improved by rofating the home clock-wise (to the east) to line-up more closely with existing grades. This rotation would also allow more trees to be preserved on the west side of the lot, improve access to the garage, and reduce impacts to topography and the need for extensive retaining walls. The DRB erred in its approval of the plans as it did not adequately evaluate the garage/parking accessibility. Staff s Response: The DRB reviewed Mr. Purchase's proposal conceptually ot~ February 18, 2004, and again for a final approval on March 3, 2004. During the course of those meetings, the DRB asked the applicant about the driveway and the maneuverability related to accessing the garage and were satisfied with the response of the applicant. Also, staff referred both the original and updated plans to the Town of Vail Public Works Department and did not receive comments or concerns related to turning radii or maneuverability. When one carefully scrutinizes the site plan and lower level floor plan (Attachments A & B), it can be discerned that there is indeed enough room to maneuver vehicles in and out of the garage, parking area, and driveway. Staff has no reason to question the desirability of the design to the applicant as it does allow adequate, unobstructed access to and from the site. Issue 5: GRFA/Bulk and Mass Gross Residential F/oorArea (GRFA) and the Town's Design Guidelines were developed by the Town to help control bulk and mass of structures along with other tools such as limitations on site coverage, landscape area, and building height. The first element noticed when reviewing the applicant's plans was the extensive area being created underthehome. In addition to an enclosed two-cargarage buried underthe building, there is approximately another 2, 000 sq. ft. of open area and areas labeled crawlspace. The other issue noticed was fhe additional driveway that approaches the home on the west side. The bulk and mass of the home had been purposely raised an entire story in order to convert the lower-level of the home to livable area either illegally or subsequent to the Town's approval of changes to the GRFA regulations being championed by the applicant's architect, Steven Riden. If one reviews the plans closely, it becomes apparent that the applicant intends to move the garage to the front of the home in the future and access that garage from fhe driveway entering the building from the west. This would seem to be the most logical place to locate the garage rather than driving below an elevated building to an enclosed garage space in the rear. 4 Once the garage is relocated, it then becomes very easy to convert the remaining 2, 000 sq. ft. "void space" to livable area. The DRB and/or the Town staff erred when approving these plans as the plans violate the purpose and intent of Title 12, Chapter 15, Sections 12-15-1 and 12-15-3. Section 12-15-3, 1, d. states that the following can be excluded from GRFA: "roofed or covered deck, porches, terraces, patios or similar features with no more than three (3) exterior walls and a minimum opening of not less than twenty-five percent (25%) of the lineal perimeter of the area ofsaid deck, porch, terrace, patio, orsimilarfeature or space..." The lowerlevel ofthis building is more characteristic of a basement then it is a deck, porch, terrace, or patio. This area should have been considered GRFA and, once considered as GRFA, the proposed structure is approximately 2, 000 sq. ft. in excess of the allowable GRFA for this lot. Staff s Response: Section 12-15-3.1.d reads as follows: Roofed orcovered deck, porches, terraces, patios orsimilarfeatures orspaces with no more than three (3) exterior walls and a minimum opening of not less than twenty five percent (25%) of the lineal perimeter of the area of said deck, porch, terrace, patio, orsimilarfeature or space, provided the opening is contiguous and fully open from floor to ceiling with an allowance for a railing of up to forty four inches (44') in height. The covered area in question is a contiguous space that is fully open from floor to ceiling, and is open on the perimeter to an extent greater than 25%, as can be discerned from the attached site plan, lower level floor plan, and elevations (Attachments A & B). The concerns of the appellant related to the potential future conversion of the spaces at issue are understandable but not grounded in fact. Neither staff, nor the DRB, can make claims based on the possible intentions of an applicant or what may or may not occur in the future. The crawlspaces in question meet the standards for a crawlspace in that they are drawn, dimensioned, and labeled as meeting the standards for such spaces. Issue 6: Excessive Slopes Section 12-21-14, Restrictions in Specific Zones on Excessive Slopes, Title 12, Chapter21, of the Town Code requires that when a house and driveway are proposed with average grades in excess of 30%, a soils and foundation investigation be submitted with a DRB application. This lot has grades in excess of 30% yet no soils and foundation report were provided to the Town prior to March 3, 2004. Therefore, Town staff and/or the DRB erred in its approval of the project as no such report was provided by the applicant. Staff s Response: The subject property does have average slopes in excess of 30% and the applicant has provided a site specific geologic investigation stamped by a certified professional geologist The requirements sited by the appellant are correct, but these requirements must be met prior to the submission of a building permit to the Community Development Department. Additionally, staff has not ascertained that the applicant has met the DRB's condition of approval, and the final set of plans that is approved must be stamped by a licensed architect on every sheet. Also, at the time of building permit submittal, the applicant will provide the soils and foundation investigation, along with the foundation plans, all stamped by a licensed Professional Engineer. NI. APPLICABLE REGULATIOiVS OF THE TOWN CODE Section 12-3-3: APPEALS: 5 C. Appeal Of Planning And Environmental Commission Decisions And Design Review Board Decisions: 1. Authority: The town council shall have the authority to hear and decide appeals from any decision, determination or interpretation by the planning and environmental commission or the design review board with respect to the provisions of this title and the standards and procedures hereinafter set forth. 2. Initiation: An appeal may be initiated by an applicant, adjacent property owner, or any aggrieved or adversely affected person from any order, decision, determination or interpretation by the planning and environmental commission or the design review board with respect to this title. "Aggrieved or adversely affected person" means any person who will suffer an adverse effect to an interest protected or furthered by this title. The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. The administrator shall determine the standing of an appellant. If the appellant objects to the administrator's determination of standing, the town council shall; at a meeting prior to hearing evidence on the appeal, make a determination as to the standing of the appellant. If the town council determines that the appellant does not have standing to bring an appeal, the appeal shall not be heard and the original action or determination stands. The town council may also call up a decision of the planning and environmental commission or the design review board by a majority vote of those council members present. 3. Procedures: A written notice of appeal must be filed with the administrator within twenty (20) calendar days of the planning and environmental commission's decision or the design review board's decision becoming final. If the last day for filing an appeal falls on a Saturday, Sunday, or a town observed holiday, the last day for filing an appeal shall be extended to the next business day. Such notice shall be accompanied by the name and addresses (person's mailing and property's physical) of the appellant, applicant, property owner, and adjacent property owners (the list of property owners within a condominium project shall be satisfied by listing the addresses for the managing agent or the board of directors of the condorriinium association) as well as specific and articulate reasons for the appeal on forms provided by the town. The filing of such notice of appeal requires the planning and environmental commission or the design review board to forward to the town council at the next regularly scheduled meeting a summary of all records concerning the subject matter of the appeal and to send written notice to the appellant, applicant, property owner, and adjacent property owners (notification within a condominium project shall be satisfied by notifying the managing agent or the board of directors of the condominium association) at least fifteen (15) calendar days prior to the hearing. A hearing shall be scheduled to be heard before the town council on the appeal within forty (40) calendar days of the appeal being filed. The town council may grant a continuance to allow the parties additional time to obtain information. The continuance shall be allowed for a period not to exceed an additional thirty (30) calendar days. Failure interpretation or determination made by the planning and environmental commission or the design review board. 4. Effect Of Filing An Appeal: The filing of a notice of appeal shall stay all permit activity and any proceedings in furtherance of the action appealed unless the administrative official rendering such decision, determination or interpretation certifies in writing to the town council and the appellant that a stay poses an imminent peril to life or property, in ~, which case the appeal shall not stay further permit activity and any proceedings. The town council shall review such certification and grant or deny a stay of the proceedings. 6 Such determination shall be made at the next regularly scheduled meeting of the town council. 5. Findings: The town council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this title have or have not been met. 6. Fee: The town council may set a reasonable fee for filing an appeal to a planning and environmental commission or design review board decision. The fee will be adopted in a fee schedule which shall be maintained in the department of community development. The fee shall be paid at the time the appeal is filed. VII. STAFF RECOMMENDATION The Community Development Department recommends that the Town Council upholds the Design Review Board's approval with conditions of the design review application for the Purchase residence, located at 1310 Greenhill Court/Lot 17, Glen Lyon Subdivision, in accordance with Sub-section 12-3-3C.5, Vail Town Code, and the following finding: "That the Design Review Board (DRB) diligently followed the appropriate regulations and procedures for a design review application in the case of the proposed Purchase Residence and their findings of fact support conclusions that the standards and conditions imposed by the requirements of Title 12, Zoning Regulations, have been met as presented in each of staff's responses to the appellant's stated issues, as Listed in Section V, pages 2-5 of this memorandum." VIII. ATTACHMENTS A. Reduced Site Plan of Mr. Purchase's proposed residence (revised per condition) B. Reduced Architectural Floor Plan of the lower level & elevations C. Appellant's appeal form D. Letter from the Appellant E. Public Notice F. List of Notified Properties G. Reduced Survey H. Vicinity Map I. Mr. Purchase's response to Appellant's stated issues (includes arborist's report) 7 ij .. __ Q y t V ~+ Q TRAGT G fO1TRpL FFIICE--~ ~-91.97 ~\ ~. 8583\x' 'l\ ,\ lotZP~sca~ \\ ,,,k -or-:u,. EDGE cc a,n+u.r~ ~ Y 81V~ERTT(W]~EeT~~ ~ / REENHILLg000RT 5~ I4M:. E ' / / ~' ~ (etM of 6FV~na+) 1 wvexr`I.°OeuoD ase+ ~~ ' 7 ' as .~~cco ~ ~'~`.~ m.v'~ u I A a" ~x ' u~- L' e ~:; ^~ y- I~ i _ a i Ix« . . ~ i paaal mn]va rA~ 6s. bfG4 ice' \ \ ~/ ~---~ a i ~, ~:,, o~ ti ~""// i/i r ~~; ,P ~ ~ ~ ~i. .at ; ~ /e/ ~\,., .~ / \ w r / i % ~'~ / ~ 1 /^ / / i ~rE ~ r ©L{'~ o ~( i i~ ~,, "\ ,n.lscow.~ ~ ~I~ Fmer~ w.-~ ~_.~j .~.,rv; ;,. ,~~ BWLLE _ ' - - uw ra~-v aa. nn- m. LOT 25 rw au•-v e14+ aw.E ~` ~ „ i r FPaID ICHmBT ~, / k / / / ~ / .,. , ~• -' ---~ - - - Vii; / / pl.•q / / / / / / / / /' r / / ~ / / / ~, / ' ~ J / / i ' i , / ~ ¢ i r ,r"/ Y'.1 , T~ ,~~\~: ~ / ~~ ~ ~i r, ,6. aa.,u , ; / / /, / ! / / yr ~./ ~ - r ,~a `~~6. ~ r %% /~ /~%r%~ i~/' ~- i / ~ j ~ / / / ' / r , i /..,>r ; i r / / r )r r i I - y ~ / / \ \ ~Z.~- ~ ' "^yY / / /' / / /yam r r / \. ~~ ,~" jrr ~ ;a / / ' j%~/~/ r r m,~ j ~ ~' ~ .r i ' ,,~~a/ / ' ~}'~r` , ' / / ' / / •% / /?~~/ r v ~, /~j~irf ./i ~ ~r~/ /.f,~s'a~`r/` ~~ / ,/ ; 10, / r / ,/ r r r/ ' / /' / ~~ / ,j ; / / / / r // / / r ~ ~ / ,..rya :~, / /~!/ / / i / / r ~ ~~' / i / r % /; /%% j ~ .,~. LOT 26 TRAGT D ~ ~, ~- ~% / ~ r / • / j/ % / / / % / /~/ ~ ~ / / / , / ~ ~ a+rnurES s olaxru CONIIEFOLLB ]arz / / ~ / '~/ ./ ' /' ./ / / / '' / / / ~ / / / / / / 3 aolusen s olu~erEq ~swcErmus ]vEC LOT 16 ~ / / ~ / , ~ / r / ' I • IIC~ . , / .. / r / / . / / / / ./ / / / r / GT£S ID O METFF CONIPFA0.5 TPE£' ~ ' ry~~:IeJ~ ' ~ /. / / / / / ~/' / / / / r~+~~ ]6 I,~E~to~,~ SITE DEVELOPMENT PLAN F«>m.~ /. l., ;, . ~ . ~! SCAIE 1' = IU'-0" ~ ~~ ~ .L4-91Ail~~~rl CA P~ai pFV.ra ' / //. ~ ~ . I~ V L ._ _ <_ i 3._~. -- .-- ------J _ . _~--- -- --- -~ ~ - - T ----, ~ I ~~A~E 4 r~xASH 0 5' HE4D HE~GN WJt, K'd ~ 0 <'-o' ~ GRPM.SPACE ACGE55 Irr f[PWLSVKE AGCE55 \ is Eq.Fr. nax Z SG.FT. nqx CR4a.5PKE 5' HE<D uE1GHT MY. EaIIP ELE/J/~OR nUD ~ / ~~ GRa+tSPKE S' WEAD HEIGHT n:.%. ~ F . ~_z. . ~ I ~y - Iz.~. L_...___~__.._.___...J Gnk1G[ /,I~ SO. FT. ~ .. GRFA 3-'il 5(f. Ff. LOWER LEVEL FLOOR PLAN i SCALE IH' = 1'-0' iDGe 630 9 ~0 EDGE B'03'-IO' ~ PPER I.cY_ e~ Eiga-d,_~ RIpGE e__~~-c jrq• ~ sTa¢ can AI•JGE E203'-10' __~ CEDAR ]:INCEE La iECwR ~.n Llt CS?W FASUA Im CEDAR SIDING M CECAR TRitl CO:D R61ED STEi~ RISE EI_ ~•-O__~ uR"+i ER LEVEI, ely'~+_p~ ~ ~G CEDAR RAIL CM .+ cRO.R r;Nn .e eEn.ue rosT cur eTU~e Ea+o IROr: R.nICING rno ~evE_ e_ I_s•_Da SOUTHEAST ELEVATION aloGS nzo3•-m• X --i - ^I - _ - UPPEa LEVEL D:BS'-0' ~ niD LEVEED D~~~• Q. CA ~ Z C) \ \ z F-I F-1 6 RIDGE B]ffJ'-IU__~_ U r . \ ~D/ NORTHEAST ELEVATION - - - - - l W ER LEVEL BIBS'-C Go . _ b~Y _ [ J.~ ruaW A. 2GW II~~ ..-ER LEVEL ems'-D' .1 a6 SOUTHWEST?iE EVATION. Attachment: C ~~;~ Appeals Form RECEIVED ~, r~ ~~~~'' ,~a ~1 Department of Community Development I~~~ ~ ~ ~~~~ ` °<.F= n4 /~ 75 South Frontage Road, Vail, Colorado 81657 , TOWN OF VAILI tel: 970.479.2139 fax: 970.479.2452 web: www.vailgav.com General Information: This form is required for filing an appeal of a Staff, Design Review Board, or Planning and Environmental Commission action/decision. A complete form and associated requirements must be submitted to the Community Development Department within twenty (20) business days of the disputed action/decision. Action/Decision being appealed: The Desiqn Review Board approval of DR604-0016, the Purchase Residence. This action was a final approval of a new single-family residence. Owners: John and Laura Purchase. Developer: Michael Lauterbach. Architect: Steven Riden Date of Action/Decision: March 3, 2004 Board or Staff person rendering action/decision: Desiqn Review Board Does this appeal involve a specific parcel of land? yes If yes, are you an adjacent property owner? Yes not withstanding Tract C Name of Appellant(s): Barry E. Cunningham Mailing Address: 271 Anemone Drive, Boulder, CO 80302 Phone: 303-947-2749 Physical Address in Vail: 1319 Greenhill Court Legal Description of Appellant(s) Property in Vail: Lot: 246_Block:_ Subdivision: Glen Lyon Appellant(s) Signature(s): ~ ''1-0~,..~ o,'~-~}-~c~.ec~ . (Attach a list of signatures if more space is required). Submittal Requirements: 1. On a separate sheet or separate sheets of paper, provide a detailed explanation of how you are an "aggrieved or adversely affected person". 2. On a separate sheet or separate sheets of paper, specify the precise nature of the appeal. Please cite specific code sections having relevance to the action being appealed. 3. Provide a list of names and addresses (both mailing and physical addresses in Vail) of all owners of property who are the subject of the appeal and all adjacent property owners (including owners whose properties are separated from the subject property by a right-of-way, stream, or other .intervening barrier). 4. Provide stamped, addressed envelopes for each property owner listed in (3.). PLEASE SUBMIT THIS FORM AND ALL SUBMITTAL REQUIREMENTS T0: TOWN OF VAIL, DEPARTMENT OF COMMUNITY DEVELOPMENT, 75 SOUTH FRONTAGE ROAD, VAIL, COLORADO 81657. For`Office Use Only:, 3-zz-~`f , Date'Received Activity No ;_ Planner • ~~ ; Project No ~'~! ®~~. OC9(3 y • ocumen s aurae o annmg ro~ec o ers - Zunnmg am cunning am ppea s orm. oc ,4ttachment: Appeal of a Resign Review )Board Approval for the Purchase Residence (i~R)g04-0016) Supplemental information - As required by appeal form Subject Property: Lot 17, Glen Lyon Subdivision, 1310 Greenhill Court Appellant: Barry Cunningham is the appellant. Mr. Cunningham owns the adjoining lot (Lot 24B, Glen Lyon Subdivision) to the subject property (Lot 17, Glen Lyon Subdivision). The appellant is an aggrieved and adversely affected person as his home is located adjacent to the subject property and relies upon existing trees (which would be destroyed by the proposed project) for protection from development on Lot 17. The Purchase residence as approved will have an adverse effect on Mr. Cunningham's property, the immediate environment, and the quiet enjoyment of his home to a degree that exceeds the general interest in community good shared by all persons. Mr. Cunningham has standing to file this appeal and is an aggrieved or adversely affected person as defined by Section 12-3-3 of the Town Code. Nature of Appeal Mr. Purchase, working with Michael Lauterbach and Steven Riden, has received approval from the Design Review Board for a new single-family home located at the end of Greenhill Court, in the Glen Lyon Subdivision. This approval was granted on March 3, 2004. The appellant, Barry Cunningham, owns the home next door to the Purchase property, at 1310 Greenhill Court. Mr. Cunningham only became aware of the proposed development of this site a week prior to the March 3, 2004 hearing. Mr. Cunningham reviewed the proposed plans and had several conversations with Michael Lauterbach, the applicant's representative, about making some changes to the plan that would improve the buffer between the two homes and save a significant number of trees on the property. Mr. Cumlingham also discussed with Michael Lauterbach about the impacts of the circular driveway on the mature trees on the west end of the lot. There were some assurances made by Mr. Lauterbach that have not been reflected in the proposed development plans. Mr. Cunningham tried to resolve his issues with the Purchase's representative, Michael Lauterbach, prior to the Design Review Board approval of the project and subsequent to that approval to avoid filing this appeal. The owner's representative was uncommunicative and could not provide any assurances that the issues raised would be addressed by the owner. Therefore, this appeal was necessary due to certain deficiencies in required documentation and errors made by the Design Review Board and/or Town staff in their approval of the project. Below is a list of specific issues that should have been addressed that were not: Issue 1: Survey Section 12-11-4: Material to be Submitted; Procedure; subsection C, 1, requires a survey to be submitted. The survey is required to show existing trees or groups of trees having trunks with diameters of four inches or more at one foot above natural grade. The survey submitted by the applicant only includes "coniferous" trees (i.e., Evergreens). There are numerous large Aspen trees on the property with diameters exceeding 4". The Town Code makes no exclusion for Aspen trees. Therefore the applicant did not provide the required submittal materials and the Design Review Board should therefore not have taken action on the proposal until such required information was provided. This insufficiency was brought to the attention of staff and the Design Review Board (DRB) prior to the approval of the project on March 3, 2004 by Mr. Cunningham to no avail. Without the identification of the Aspens, it is impossible to evaluate the proposed impacts, or after construction, the actual impact of the development activity on this important neighborhood asset. Issue 2: Trees There is a cluster of large Aspens located along the lower portion (west side) of the subject property that were not depicted on the tree survey. Had those trees been properly depicted we believe the DRB would have considered these valuable trees that form a natural buffer bettiveen Mr. Cunningham's home and the proposed home. Section 10 of the Development Standards Handbook states that the location of structures should be such that it limits the removal of trees and is responsive to the topography. Additionally, the intent of the landscape plan is to "preserve and enhance the natural landscape character of the area in which it is located." This section also states "the Design Review Board may designate allowable limits of construction activity and require physical barriers in order to preserve significant natural features and vegetation upon a site." The DRB placed a condition on the approval of this project requiring the applicant to move the proposed home an additional 8' - 9' away from the west property line. This number was arrived at arbitrarily and instead should have been based upon the location of mature trees. Had the DRB based the condition upon the natural vegetation located on the site it should have required the home be setback an additional 15' based on the location of mature vegetation instead of 8' -9'. Setting the home back a total of 30' from the west lot line would not have resulted in significant impacts to the design of the home, retaining walls, or driveway grade. Therefore, the DRB erred when approving the project due to the lack of consideration of the impacts to mature trees on the property that form a natural buffer to adjacent properties. Issue 3: Driveway Layout Section 10 of the Development Standards Handbook states that access ways shall be responsive to the existing topography of a site. The proposed plan includes an open-air covered parking area for four cars and an expansive driveway and auto- court, which creates the need for retaining walls and impacts large stands of mature trees. The width of the driveway is inconsistent with the design guidelines, which require that impacts to topography and trees should be minimized. A review of other driveways along Greenhill Court reveals that this is only home that contains an expansive auto-court and an open-air covered parking area. Therefore, the proposed driveway, auto-court, and covered parking area are out of character for the neighborhood. An adequate driveway can be designed to reduce impacts to both topography and trees. The DRB erred when approving this project due to the impacts of the driveway to trees, the impacts to natural topography, and the necessity for tall retaining walls almost on the lot line to retain the auto-court. Issue 4: Driveway Functionality The owner has designed a home that is elevated on piers and contains a garage buried deep beneath the home. Access to the garage and designated parking spaces make it nearly impossible for a car to back down the driveway or turnaround on site and exit the driveway. The Development Standards Handbook requires that driveways be designed as to allow free and unobstructed access to and from the site. The plan approved by the DRB does not allow for adequate vehicular maneuverability. The access to the site can be greatly improved by rotating the home clock-wise (to the east) to line-up more closely with existing grades. This rotation would also allow more trees to be preserved on the west side of the lot, improve access to the garage, and reduce impacts to topography and the need for extensive retaining walls. The DRB erred in its approval of the plans as it did not adequately evaluate the garage/parking accessibility. Issue 5: GR)F'A/Bulk and 1VIass Gross Residential Floor Area (GRFA) and the Town's Design Guidelines were developed by the Town to help control bulk and mass of structures along with other tools such as limitations on site coverage, landscape area, and building height. The first element noticed when reviewing the applicant's plans was the extensive area being created under the home. In addition to an enclosed two-car garage buried under the building, there is approximately another 2,000 sq. ft. of open area and areas labeled crawlspace. The other issue noticed was the additional driveway that approaches the home on the west side. The bulk and mass of the home had been purposely raised an entire story in order to convert the lower-level of the home to livable area either illegally or subsequent to the Town's approval of changes to the GRFA regulations being championed by the applicant's architect, Steven Riden. If one reviews the plans closely, it becomes apparent that the applicant intends to move the garage to the front of the home in the future and access that garage from the driveway entering tl~e building from the west. This would seem to be the most logical place to locate the garage rather than driving below an elevated building to an enclosed garage space in the rear. Once the garage is relocated, it then becomes very easy to convert the remaining 2,000 sq. ft. "void space" to livable area. The DRB and/or the Town staff erred when approving these plans as the plans violate the purpose and intent o:f Title 12, Chapter 15, Sections 12-15-1 and 12- 15-3. Section 12-15-3, 1, d. states that the following can be excluded from GRFA: "roofed or covered deck, porches, terraces, patios or similar features with no more than three (3) exterior walls and a minimum opening of not less than twenty-five percent (25%) of the lineal perimeter of the area of said deck, porch, terrace, patio, or similar feature or space..." The lower level of this building is more characteristic of a basement then it is a deck, porch, terrace, or patio. This area should have been considered GRFA and, once considered as GRFA, the proposed structure is approximately 2,000 sq. ft. in excess of the allowable GRFA for this lot. Issue 6: Excessive Slopes Section 12-21-14, Restrictions in Specific Zones on Excessive Slopes, Title 12, Chapter 21, of the Town Code requires that when a house and driveway are proposed with average grades in excess of 30%, a soils and foundation investigation be submitted with a DRB application. This lot has grades in excess of 30% yet no soils and foundation report were provided to the Town prior to March 3, 2004. Therefore, Town staff and/or the DRB erred in its approval of the project as no such report was provided by the applicant. Action Requested of the Town Council: The appellant requests: 1. That Town Council overturn the DRB approval of DRB04-0016 (Purchase Residence); 2. That the application not be heard by the DRB again until such time as all of the submittal requirements are complete and accurate and until such time as the home has been redesigned to meet Town Code with respect to GRFA; 3. That the Town Council find that the lower level of the home is not an area that can be excluded from the GRFA calculation and therefore the applicant must redesign the home to comply with the definition of GRFA; and 4. That the Town Council direct the DRB to evaluate the impacts to trees on the west end of the site adjacent to :Lot 24 and that the DRB minimize the impacts to the stand of mature trees in this area by providing at least a 30' construction free zone (i.e., no buildings or driveways). Attachment: E THIS ITEM iViAY EFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Town Council of the Town of Vail will hold a public hearing in accordance with Section 12-3-3, Vail Town Code, on Tuesday, April 20, 2004 at 6:00 PIVI in the Town of Vail Municipal Building, in consideration of: ITEIVI/TOPIC: An appeal of the Town of Vail Design Review Board approval, with one condition, of a new single ®family residence, located at 1310 Greenhill Court/Lot 17, Glen Lyon Subdivision, and setting forth details in regard thereto. Appellant: Barry Cunriingham Planner: .Matt Gennett The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office located at the Town of Vail Community Development Department, 75 South Frontage Road. Sign language interpretation available upon request with 24 hour notification.' Please call 479-2114 voice or 479-2356 TDD for information. Community Development Department Published April 5, 2004, in the Vail Daily. Attachment: F Adjacent Property Owners List Appeal of DRB04-0016 Glen Lyon Subdivision Lot 17: PURCHASE, JOHN LAYTON & LARA JUNE -JT 754 POTATO PATCH DR VAIL, CO 81657 Lot 24: CUNNINGHAM, BARRY E. 271 ANEMONE DR BOULDER, CO 80302 Lot 24: HARLAN, HAL P., HUGH P., & DOUG H. PO BOX 29176 INDIANAPOLIS, IN 46229 Lot 16: GERSTENBERGER, ALLEN & JANET 5255-BOW MAR DR LITTLETON, CO 80123 Lot 16: HORN, JEFFREY M. & SALLY HELMS -JT 18 AVON RD BRONXVILLE, NY 10708 Lot 23: HOVEY, NANCY M. 1 WOODHOLM LN MANCHESTER, MA 01944-1057 Lot 25: LOHRE, JOHN O. & MARY B. 333 LOGAN ST STE 203 DENVER, CO 80203 Lot 26: LAZIER, ROBERT BUDDY 386 HANSON RD VAIL, CO 81657 Tract C and D: TOWN OF VAIL C/O FINANCE DEPT 75 S FRONTAGE RD VAIL, CO 81657 ++ C ?... t V TRACT C . R•,U. 00' 1.•~I. 92' ~ V\ uln'.~ 1 \\ GREENFIILL COURT >, i O ,...,, .,,,: ,,,~e,~l.r„~.,~~1 , I j e~r~ LOT 25 i.,~5.'tui._ LO'f 16 - .~ a .oL,•'.,`;' ~ ~ ... ~Il 1A.c,. / / ~ / ' •u~[_ +~y~ ~iui.,irs , ui•~xf ACV t. i. ,crr -• ~ oir,,,[, a v~nr[,r. cu~U[v6.s .nrr_ rn[ - _ ~ ! lyy,.`' I ~ o ~In.t ~[.. rail ~...~5 xcf ~ ~ / LET 26 a~ ~c ~,r:AY. DS. .~....~.W.,~..~..~, .a<.~~~~~..a.,.~~,~,.....,.~.,~„~.~ TOPOGRAPHIC SURVEY ....<. - ~~ ~.,. ~..,. ,. P,.,,., .~,~~„n., , w,. 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FROM: 1V(TCAAEL .1. I,AU'1'1~RBACH ll.A'1'N;: APIITLL 15, 2UU4 RE: A1'1PEAL OF DESIGN 1t1+;VTE'W BOARD ApPROdAL LU1' 17, GLEN LYON SUBDTVIS~.ON My client, Mr. Jahn Purchase, who is also the owner of Lot. 17 at Glen Lyon, has asked me to provide a brief response to Mr, Barry Cunningham's appeal to a Town of Vail Ucsign Review. Board "(J)R.E3)" approval for• a single family residence to be located on the above referenced lot. During the meeting in which approval was obtained, Mr, Cunning~ia~rrregiiestc;u tilatthe DRi3 r~~riire that-we iriCi'eaSa the nortla bui(dinl; setback ti•om fifi.ecn feet to thirty-five feet to allow him a greater buffer between his existing home and M.r, 'Purchase's proposed sing~,le-family residence. After contemplating the DRB's input as well as Mr. Cunningham's, we whole heartedly agreed to provide a side setback of twenty-three feet in order to partially accomrnodate M.r. Cunningham as well as loosen the driveway and access circulation on the lc~t. In addition t.o our twenty-three foot setback and Mr. Cunningham's fifteen foot building setback, as additional fifteen foot pedestrian easement continues to separate the two structures. IJnfortunately, Mr. Cunningham is not satisfied. He is requesting that you override the D1LB approval and require Mr. Purchase to relocate the residence which would allow Mr. Cunningham an additional twelve feet of setback and buffer between residences. Un some lots this request might prove practical. However, Mr, Purchatie's lot is sloped within the building envelope at no less that 50%. Consequently, Mr. Cunningham is ,requesting that you require us to move the residence further up the l~.i.llsidc into an area in which the slopes approach fip%. The Town's potential liability if the residence were required to be moved onto slopes treater than 50% seems staggering, Need i continue'? 11-avc read Mr. C'.unningham's appeal letter and it contains little more than support based on flawed arguments, a paradox, and personal speculation.. As to issues one and two, the survey was prepared by [fan Corcoran's L~agle Valley Survey otlice which concluded that the majority if not all of the aspens on tlrc property were either diseased, blighted, or dead. Phis conclusion is confirmed within a letter addressed to l~r. Purchase from a certified arborist and forester of which a copy has been forwarded to the 'Town's developrrrent. staff. Mr. Cunningham additionally wants to retain the trees located on the west lot boundary adjacent to the only available cul-du-sac access. Tf ono assumes that the driveway will be approxunatcl_y twelve to fourteen feet wide including shoulders and the side hill slope is SO% or six to seven Ceel which must be retained both above and below the asphalt, even an optimist would not expect a.ny of those trees to be saved. The forester's letter which is referenced above also confums this, Within issues three and four, ldir. Cunningham paradoxically finds fault with our driveway layout. C)n the one hand, he complains that our driveway is too long and that we are unnecessarily destroying trees with a covered parking area. He then seemingly concludes that he would he better served if the g;aral;e were located Glaser to the cul-du-sac and paradoxically closer to his home. Locating; the garage adjacent to the cul-du-sac would obviously destroy the same stand of trees as well as confine our required Bluest parking to the clog-du-sac. ®espite iVlr. Cunningham's skepticism contained in issue five, the G1tFA has been calculated and fully complies with the lot allowances while all crawl spaces will be constructed to comply with 'Town requirements, rurther, we resent the unplication that we are intending to deviate either now or in the future f •orn the approved plans. Lastly, our D1ZB submittal was complete per the DRB submittal guidelines. C:urrerrtly, Nir. Purchase has agreed to incur the sizable cost of additional and elevated retaining galls which will now be required along each perimeter of the residence. I-Ie has further agreed to an overall driveway slope which has been substantially increased from the original submittal which measured less than 2% to a 4% slope for the first twenty feet away from the cul-du-sa.c and the last thirty feet in front of the garage doors and a middle portion of ~°/a. Mr. Cun.ningha.m has proposed a ten to twelve percent heated driveway slope from the cul-du-sac to the garage doors to support his request. He further proposes that we could lessen that driveway slope if we expanded the distance between the arrival and entry floor levels from the cun•ent ten feet between floors to twelve to fourteen feet. He overlooks the requircrnent that additional floor. t.o floor distance would impact the conformance of our roof ridge elevations and our interior iYoor plan stair layouts. Y must concur that Mr. Cunningham has accurately interpreted in his first paragraph that neither the lot owner nor I am interested in assuming; the perhaps substantial additional risk acrd cost of moving the residence further up the increasingly steeper hillside in order to allow a further buffer between the two r•esiderrces. In summary, after relocating the residence at a substantial expense, lVir. Purchase has more than satisfied the Town's setback requirements a.nd has provided an ample additional buffer. Further, lVlr. Purchase's construc'ticm financing is in place and lre is ready to proceed. A. requirement to move the residence further up the hillside will prove unduly expensive and will create additional risk for him and the 'town, I rrrg;e ,you to reject the appeal. Thank you in advance for considering my response to Mr. Cunrringham's issues and please feel free to contact me if you have any questions or desire further information. cc: ~ tt Gennett, 'T'own of Vail Community Development Department John Purchase Wendell B. Porterfield, Jr. 2 Rpr 15 Q4 Qf3: Df3a R Cut Rloova F'ares~ra, Inc 97C]~453-4918 A Ott Abvv~ ~or~str ~~ ~n~~ _ ~, April 1, 2004 lMr..aahee Pueerhase 754 F"otata Patch Ur. Vail, CO $1857 RE: Trees at 1394 ~r+eenhiA Court. !],far Mr. Pur~h, p.1 Speclallrlrtg nn 7~ee Service ,erect Fcrestr~r Cansult/ng Theevk yew far c5oeetacxtteg ~ Ceat aba,~a ~ m address your tense needs_ <'-s you t+eques6sd in our Mauch 29,2004 phone cairn-erore, ! inspecbsd ~~ trees at your property located st 13i0 G~nhili Court in the Cascade CIUb area in Vall, C.akyra~do. Ihuing our' r..orevecsatiore l~ xxareceree ay~r the safeRy anal ~ ire~ge"ity of the dead tr+css ioc~ on your kYt best veslside tat the arm t-f dishxrt~ge5e. You hod ispeciai concern far the is ern the north skis of your PraPnrty ACCQndin9 ~d- out tlt~4assit~e the neighbor ~o llhe Want is aannoe~reeg gout the trees being rermoved and vroiuld Illte the t~~ relct~tg fteetterir uP the hip On 30, 21304 ~ oorl ~, Cott a~bavve i=oreetry to perl'orna a side inspecfiioa~ do 8h~te lire hazard rieic of ttfe staging dead and tg I innp~s aonstxttctivn may leave on the tree loeat~d e3n the north jade +c~ the bca~eeg ai+v~pe. You asked chat stay reeu4ts ba tied bo you in ietbar form. Un AprR 7, 2004 ! met with Mich~t ~, ~+ cxieettrr, too rook a~ ttte s~ and ev~akiste she tom. He provided per~iriu,g #o tlee lot and the plennad constnrctian. The propeuty is ar w+oode~d ~ bott[Mdbd by' U.S.F.S. band m fire 9oe,eth and de+rekapg pu+aper~ies the nortte and wit 'the property has naUleem aspecx and is very ~Arlti'1 ~ exceeding alp9(,. The for is foa~tied at the end of a could sac. The plareneaa ~ c~ ooe~strt~CRirig a ~ hsxrre wine a de~iveway and the' nay utilities such ea vwater. sewer, etecttic and ~. 1~e uttitf3eaa wilt kui turn und~ergrnutnd 1tr~orre tsl~lbea f- in the dts- To m~r5anmra the s• set 8-fosst r+alainmg wal! wiN bs canstnsr.9~c9 tyet the downhill aide of that dlrive~vrmy. i..odge~6e mine gp'inua coettoe~~ and a$pesi tPaPactus tn3muimtdee) ague ttee iwa tree s grawireg on the site. Several of the aspen au+e deed or dying, t5ce~r iroen being viaiims c~ stroce~siaxe, es they a~ being Mopped bat ti's toaesk- RAobt taP the bdgrapiaie pine trees app~r' kt good condition exnepe k>f a t+ew tees died is atici tfapse irt+~tlsCtAd wine rrwuntain ~ t~etle- Some caF tg aspen hrn-e dead trips aced s~ Se+-eral are irtfoeActed wilts cybvspora tank®r. Of the 14 aspen tUg cart 1~ ~e tyP thee pxvpaeed drive and ' rhare ~B-~eee ire ~°netar (f7SW)', 8 ero fig, 1 has stem -~~atiar~ a ta~}~it~lyr~e~t 7~4y~~et. ~ e~ ta~*tdppe~d~/eyn~d{/h~~nve p ~. 1 hg d good Ce~OAMre 4riR a dam, ~r'"^" ~'"'1r mad 3 ~'aore>a ~ TM."'~-.«~ e~rri. ireec! with c:y4asp~ c~tetcer. fares is to good oandiHon. ~ Dr3[i, diaasict~~ seanda~rd height or die[neter zmeaseered at $.5 feat above the end. t?c7- r~ox 7133 Breckenridge 970-453-9154 la Caa~nty . ~~~ as o~ ®~a®~~ ~ ~~~ ~~~um Fey-®~~r~a a~® a~~-~s~-~~~~ ~a~ Nn c~ish~rhsann~ . ~--..r.,..r-~. -~~ I 1 x ~u Sx I kemawe i7f excavayian is closes to trec 'Tiiaxi Sx. fie: 9~~0, ~i~ ~ = CQitir~ ~~t ~one'Y~,~ ~dex a sde. EiViORANDUIIA TO: Vail Town Council FROM: Community Development Department DATE: April 20, 2004 SUBJECT: Appeal of the March 8, 2004, Planning and Environmental Commission approval of a request for a variance from Chapter 14-6, Grading Standards, Vail Town Code, to allow for retaining walls in excess of six (6) feet in height, located at Tract K, Glen Lyon Subdivision and Unplatted Parcels (a more complete metes and bounds description is available at the Community Development Department) and setting forth details in regard thereto. Applicant: Vail Resorts Development, represented by Braun Associates Appellant: Vail Town Council Planner: Bill Gibson Vail Resorts Development is proposing to construct a new snowcat access road between the Vail Resorts maintenance facility and Vail Mountain, generally located south of the Eagle River Water and Sanitation District (ERWSD) and Vail Amoco sites (846 West Forest Road and 934 South Frontage Road) to the Westin-Ho trail/catwalk. There are several legal procedures that must be completed by Vail Resorts Development before construction of this project can begin (i.e. Town of Vail retaining wall variance approval, Town of Vail design review approval, conveyance of easements, resolution of private covenant issues, etc.) One of these required legal procedures is for Vail Resorts Development to acquire Town of Vail approval of a variance for retaining walls in excess of the height limits prescribed by the Town Code. On March 8, 2004, the Planning and Environmental Commission granted approval of the variance request, which was later "called-up" for review by the Town Council. This "call-up" was scheduled for review by the Town Council on April 6, 2004. On April 6, 2004, the Town Council tabled the "call-up" of the Planning and Environmental Commission decision to the April 20, 2004, Town Council evening meeting. As this is only one of many required legal procedures Vail Resorts Development must complete, should the Town Council choose to uphold the Planning and Environmental Commission's variance approval, Vail Resorts Development will not be able to begin construction of this project until all other required legal procedures have been finalized. IViEiViORANDUIVi TO: Vail Town Council FROM: Community Development Department DATE: April 6, 2004 SUBJECT: Appeal of the March 8, 2004, Planning and Environmental Commission approval of a request for a variance from Chapter 14-6, Grading Standards, Vail Town Code, to allow for retaining walls in excess of six (6) feet in height, located at Tract K, Glen Lyon Subdivision and Unplatted Parcels (a more complete metes and bounds description is available at the Community Development Department) and setting forth details in regard thereto. Applicant: Vail Resorts Development, represented by Braun Associates Appellant: Vail Town Council Planner: Bill Gibson I. SUBJECT PROPERTY The subject site, Track K, Glen Lyon Subdivision, is a Town of Vail owned property zoned Special Development District No. 21, Glen Lyon. The applicant is proposing to construct a new snowcat access road between the Vail Resorts maintenance facility and Vail Mountain, generally located south of the Eagle River Water and Sanitation District (ERWSD) and Vail Amoco sites (846 West Forest Road and 934 South Frontage Road) to the Westin-Ho trail/catwalk. I!. STANDING OF APPELLANT The appellant, Vail Town Council, has standing to "call-up"any decision of the Planning and Environmental Commission. III. REQUIRED ACTION The Town Council shall uphold, modify, or overturn the Planning and Environmental Commission's approval of a request for a variance from Chapter 14-6, Grading Standards, Vail Town Code, to allow for retaining walls in excess of six (6) feet in height, located at Tract K, Glen Lyon Subdivision and Unplatted Parcels. Pursuant to Sub-section 12-3-3-C5, Vail Town Code, the Town Council is required to make findings of fact in accordance with the following: The Town Council shall on all appeals make specific findings of fact based directly ~on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this title (Zoning Regulations, Title 72) have or have not been met. IV. BACKGROUND On March 8, 2004, the Town of Vail Planning and Environmental Commission (by a vote of 6-0) approved, with conditions, the request for a variance from Chapter 14-6, Grading Standards, Vail Town Code, to allov/ for "Century Wall" Keystone retaining walls in excess of six (6) feet in height in association with Vail Resorts Development's snowcat access proposal (Attachment B). Staffs March 8, 2004., memorandum to the PEC has been attached for reference (Attachment A). ' On March 16, 2004, the Vail Town Council "called-up" the Planning and Environmental Commission's approval of the variance request. On March 17, 2004, the Town of Vail Design Review Board (by a vote of 4-0) directed Staff to approve the design review application for Vail Resorts Development's snowcat access proposal should the retaining wall variance approval be upheld by the Town Council; however, should the variance approval not be upheld the Vail Resorts Development's design review application is tabled to the Design Review Board's April 7, 2004, meeting. V. APPLICABLE REGULATIONS OF THE TOWN CODE - The applicable Town Code regulations, planning documents, and review criteria are noted in the attached March 8, 2004, Staff memorandum to the PEC (Attachment A). VI. STAFF RECOMMENDATION The Community Development Department recommends that the Town Council upholds the Planning and Environmental Comrission's approval of a request for a variance from Chapter 14-6, Grading Standards, Vail Town Code, to allow for retaining walls in excess of six (6) feet in height, located at Tract K, Glen Lyon Subdivision and Unplatted Parcels, subject to the following finding: The standards and conditions imposed by the requirements of Title 12, Zoning Regulations, and Title 14, Development Standards, have' been met with the applicant's proposal. VII. ATTACHMENTS A. Staff's March 8, 2004, memorandum to the Planning and Environmental Commission B. March 8, 2004 Planning and Environmental Commission meeting results (excerpt) C. Revised Landscape Plans D. Photo Simulations E. Public Notice 2 ~iEIVIORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: March 8, 2004 SUBJECT: A request for final review of a variance from Chapter 14-6, Grading Standards, Vail Town Code, to allow for retaining walls in excess of six (6) feet in height, located at Tract K, Glen Lyon Subdivision and Unplatted Parcels, a more complete metes and bounds description is available at the Community Development Department and setting forth details in regard thereto. Applicant: Vail Resorts Development, represented by Braun Associates Planner: Bill Gibson I. SUfViIVIARY The applicant, Vail Resort Development, is requesting a variance from Chapter 14-6, Grading Standards, Vail Town Code, to allow for retaining walls in excess of six (6) feet in height, located at Tract K, Glen Lyon Subdivision and Unplatted Parcels to facilitate the construction of a new snowcat access road generally located south of the Eagle River Water and Sanitation District (ERWSD) and Vail Amoco sites (846 West Forest Road and 934 South Frontage Road) to the Westin-Ho trail/catwalk. Based upon Staffs review of the criteria in Section VIII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with conditions, of a variance to allow the construction of retaining walls in excess of six (6) feet in height subject to the findings and conditions noted in Section IX of this memorandum. II. DESCRIPTION OF REQUEST The applicant is proposing to construct a new snowcat access road generally located south of the ERWSD and Vail Amoco sites (846 West Forest Road and 934 South Frontage .Road). This proposal will facilitate the re-routing of Vail Resorts' winter mountain maintenance traffic from West Forest Road to this new access road. This new access route will start from the western driveway of the Vail Resorts maintenance facility, cross South Frontage Road and continue south along the western ERWSD property line, bridge across Gore Creek, continue southwest across Town of Vail owned Tract K, and connect to the Westin-Ho trail/catwalk. The proposed access road will be a 25-foot wide gravel road surface. Due to the steepness of slopes on Tract K, the proposed access road will have finished grades as steep as 16% and will require the construction of both cut and fill retaining walls. At their tallest. points, the cut walls will be approximately 14 feet Attachment: A in height and the fill walls will approximately 12 feet in height. These proposed retaining wall heights exceed tree 6-foot height maximum allowed by Chapter 14- 6, Vail Town Code. The applicant is proposing to construct both the cut and fill retaining walls with a Keystone Retaining Wall System. Architectural plans and material descriptions have been attached for reference (Attachment C). Additionally, a Geotechnical Report for the proposal has also been attached for reference (Attachment D). III. BACKGROUND On July 15, 2003, the Vail Town Council granted Vail Resorts permission to proceed through the Town's development review process for the proposed snowcat access road which crosses Town of Vail property. On December 8, 2003, the Planning and Environmental Commission approved a Vail Resorts' application for Forest Place Subdivision located at 615 West Forest Road. One of the Planning and Environmental Commission conditions of approval was that Vail Resorts discontinue the use of West Forest Road as snowcat access between its maintenance facilities on South Frontage Road and the ski mountain. The applicants' proposal was conceptually reviewed by the Design Review Board at its November 3, 2003, February 4 and March 3, 2004 public hearings. The snowcat access proposal was previously reviewed in association with a proposed addition to the ERWSD facilities. The proposed construction of the ERWSD addition has since been put on hold and the design review application withdrawn by ERWSD. At its March 3, 2004, hearing the Design Review Board focused solely on the snowcat access proposal. The Design Review Board discussed the proposed access road design, retaining wall designs, bridge design, and landscaping plan design; and at the conclusion of these discussions, the Design Review Board was supportive of the applicant's proposal. IV. ROLES OF REVIEWING BODIES Order of Review: Generally, applications will be reviewed first by the Planning and Environmental Commission for acceptability of use and then by the Design Review Board for compliance of proposed buildings and site planning. Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for final approval/denial/approval with conditions of a variance. , The Planning and Environmental Commission is responsible for evaluating a proposal for: Relationship and impact of the use on development objectives of the Town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. . 5. Such other factors and criteria as the Commission deems applicable to the proposed use. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this Title. Conformance with development standards of zone district Lot area Setbacks Building Height Density G RFA Site coverage Landscape area Parking and loading Mitigation of development impacts Design Review Board: Action: The Design Review Board has NO review authority on a variance, but must review any accompanying Design Review Board application. Town Council: Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Planning and Environmental Commission or Design Review Board erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memorandum containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. U. APPLICABLE PLANNING DOCUiVIENTS Staff believes that the following provisions of the Vail Town Code are relevant to the review of this proposal: 3 TITLE 12: ZONING REGULATIONS Chapter 12-17: Variances 12-17-1: Purpose: A. Reasons For Seeking Variance: In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. TITLE 14: DEVELOPMENT STANDARDS HANDBOOK Chapter 14-6: Grading Location or Type Maximum Height Additional Review or Approval P.E. Stamp Required Regular Walls 0-4' Staff Review or DRB No (Detail 10) 4'-6' Staff Review or DRB Yes Bench of combination walls (Detail 10) 4' or'/2 the difference of exposed height Staff Review or DRB Yes Right-of-Way 0-3' Staff Review or DRB No 3'-6' Staff Review or DRB Yes 6' + Staff Review or DRB PEC Yes Setback (10' from paved surface and 2' from adjacent property lines) NA Staff Review or DRB PEC Yes In Front Setback 0-3' Staff Review or DRB No On slopes greater than 30% and related to access 3'-6' Staff Review or DRB Yes VI. SITE ANALYSIS Legal Description: Lot K, Glen Lyon Subdivision Zoning: Two-Family Primary/Secondary Residential (P/S) Land Use Plan Designation: Open Space Current Land Use: Undeveloped VII. SURROUNDING LAND USES AND ZONING Land Use Zonin North: Gore Creek Natural Area Preservation South: US Forest Service Eagle County East: Undeveloped Natural Area Preservation & Outdoor Recreation West: Residential Two-Family Primary/Secondary Residential 4 - - VIII. CRITERIA AND FINDINGS The review criteria for a request of this nature are established by Chapter 12-16, Vail Town Code. A. Consideration of Factors Regarding the Setback Variances: The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Staff does not believe the granting of this variance will have significant negative impacts to existing or potential uses and structures in the vicinity. Similar retaining walls have previously been constructed in association with other access projects such as the nearby pedestrian and skier bridges. Due to the steepness of this site, the proposed additional retaining wall height associated with this snowcat access road design will reduce the amount of site disturbance to the hillside when compared to designs using tiered walls in strict compliance with the wall height requirements. Furthermore, the ERWSD has granted formal easements for permanent access across its property between Vail Resort's maintenance facilities and the proposed snowcat access road. Additionally, Tract K is identified as "TOV Owned Lands/Open Space Use" by the Town of Vail Comprehensive Open Lands Plan and no future development of the site is anticipated. 2. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege. Staff believes this proposed variance request involves "exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the same zone" as this proposal is associated with the construction of an access road to the ski mountain and not the construction of a residential or commercial development project. Pursuant to Chapter 14-6, Vail Town Code, the proposed retaining walls may not exceed six feet (6') in height unless the proposed walls are located within a street right-of-way. Within a street right- of-way, retaining wall heights may exceed six feet (6') in height without a variance. Examples of retaining walls greater than six feet (6') in height can be found throughout the Town of Vail's right- of-ways. The proposed snowcat access road will be located on Town of Vail owned property; however, it will not be located within a designated street right-of-way, and will therefore require a retaining wall height variance. The applicant has explored design alternatives with retaining walls not exceeding six feet (6') in height. The applicant has demonstrated that due to the steepness of Tract K, in some locations along the snowcat access road a series of tiered six foot walls may be feasible; however, the use of a series of walls creates significantly more disturbance to the existing hillside than single cut and fill wall. The applicant has also demonstrated that in some locations along the snowcat access road, six foot tiered retaining walls may require terracing the entire hillside to "catch grade." Therefore, Staff believes the proposed additional retaining wall height associated with this snowcat access road design will reduce the amount of necessary site disturbance when compared to designs using tiered walls in strict compliance with the wall height requirements. 3. The effect of the requested variance on light and air, . distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Staff believes the proposed retaining wall height variance will not have a significant negative impact on the light and air, distribution of population, public facilities and utilities. Staff believes that the proposed re-routing of Vail Resorts' snowcat access will have a positive affect on transportation, traffic facilities, and public safety; since Vail Resort's maintenance vehicle traffic will be no longer occur on a public street (i.e. West Forest Road) through a residential neighborhood. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. At its March 3, 2004, hearing the Design Review Board conceptually reviewed the snowcat access proposal. The Design Review Board discussed the proposed access road design, retaining wall designs, bridge design, and landscaping plan design; and at the conclusion of these discussions, the Design Review Board was supportive of the applicant's proposal. B. The Planning and Environmental Commission shall make the following findings before granting a variance: That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. 2. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties, or improvements in the vicinity. 3. That the variance is warranted for one or more of the following reasons: 6 _ - a. The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the same zone. c. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. IX. STAFF RECOiVIfVIENDATION The Community Development Department recommends approval, with conditions, of a variance from Chapter 14-6, Grading Standards, Vail Town Code, to allow for retaining walls in excess of six (6) feet in height, located at Tract K, Glen Lyon Subdivision and Unplatted Parcels. Staffs recommendation is based upon the review of the criteria in Section VIII of this memorandum and the evidence and testimony presented, subject to the following findings: 1. That the granting of the variance will not constitute a granting of special privilege inconsistent with the limitations on other properties classified in the same district. 2. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. 4. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the following conditions: 1. This variance request approval shall be contingent upon the applicant receiving Town of Vail design review approval of the associated design, review application. 7 :i i 2. Prior to the issuance of grading permits, the applicant shall enter into a lease or license agreement with the Town of Vail for the use of Town i property. j 3. Prior to the issuance of grading permits, the applicant shall demonstrate compliance with the covenants of Tract K, Glen Lyon Subdivision. 4. Prior to the issuance of a grading permit, the applicant shall prepare a construction staging plan for review and approval by the Town of Vail. 5. Prior to the issuance of a grading permit, the applicant shall survey and then install all limits of disturbance fencing and all erosion control methods for review and approval by the Town of Vail. 6. The applicant shall properly maintain the limits of disturbance fencing and erosion control methods throughout the construction of this proposal. Any modification to the location or configuration of the limits of disturbance area shall require review and approval by the Planning and Environmental Commission and the Design Review Board. X. ATTACHMENTS A. Vicinity Map B. Applicant's Statement C. Architectural Plans D. Geotechnical Report E. Public Correspondence F. Public Hearing Notice 8 _ - ftacra~ ~~ it 4 _ _~- _ .. - _ _ t• - - j _ _ .~ .°''a 'b '_ - ~i . W ~ .; ~* ° ~ - ~~ ~ r r _~ Oj ~~ I ` i! ~E r~ EY~~ A~ In~ f ~ p 4- - ~4i ~ - ~ I t ~ h l ~ c ~ ~~~ ~ ~ a~o~ I r ..~ .A.< <~ ~ i ~ c ~ 0 - ~ ~, Y c ( ~ 0~ ~ It ~s~~ ---~ ra ,j F`~~- ~ ~'ri o-y -~ 7 - T,i~ ' SS 1 r- '_ ~ ' ' ~ r ~ ' ~~ ~ ~,~4~°' o 7 - - ~ }- ~ ~ ~ ~~. 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PLANNING and COMMUNITY DEVELOPMENT February 24, 2004 Bill Gibson Town of Vail 75 South Frontage Road Vail, CO 81657 RE: Response to 2/17 Letter, re: snowcat access retaining wall height variance Dear Bill, Thank you for your letter of February 17"'regarding the stafFs review of the retaining wall variance request. Enclosed you will find a :revised set of plans. So you have a clear idea of our• response to your questions, below I have copied your letter verbatim and provided a response to each issue you have raised. Written Statements • A "written description of the nature of the variance requested and the specific regulation(s) involved, including an explanation of why the variance is required and why the strict or literal interpretation of the specific regulation(s) would result in a physical hardship or practical difficzlty. " Response The specific regulation involved is found on page 19 of the Development Standards Handbook which limits the height of retaining walls to 6'. The retaining wall is needed in order to construct a new snowcat access road to Vail Mountain. Proposed wall heights vary along the length of the cut and fill walls and are depicted on the wall elevations plans that have been provided under separate cover.. Given the existing grades of the hillside surrounding the access road, if maximum 6' high walls were used it would require three terraced walls on the cut side (upper) of the accessway and two terraced walls on the fill side (lower) of the accessway. This design would be much more impactive, both physically and visually on the hillside and present a practical difficulty. • A written statement addressing: "d. How the request complies with adopted Town of Vail planning policies and development objectives. Edwards Village Center, Suite C-209 Ph. - 970.926.7575 0105 Edwards Village Boulevard ~ Fax - 970.926.7576 Post Office Box 2658 www.braunassociates.com Edwards, Colorado 8 1632 Response The T own h as i dentified a g oal o f r emoving s nowcat a ccess f rom W est F orest Road (i.e. Lionshead Master Plan). This new access road will result in the removal of snowcats from West Forest Road. 2. Topographic Survey Response A topographic survey has been provided in the plan set. 3. All plans must also be submitted in 8.5" x 11"reduced format Response Reduced plans will be provided prior to distribution of the PEC packet. 4. Landscape Plan Response A landscape plan is included in the plan set. 5. Site Plan Show percent slope of the road and spot elevations as necessary along the centerline of the road to accurately reflect grade. Show proposed surface drainage on and off-site. Show location of limits of disturbance fencing. Response Limits of disturbance is depicted on the site plan. Drainage improvements are depicted on the site plan. Arrows have been added indicating where water is being directed. The site plan depicts 2' contours the entire length of the access way, we assume that this should satisfy your request for spot elevations. Road grades are depicted on the profile of the access way (see sheet 4) 6. Architectural Elevations All elevations of the proposed development drawn to scale and fully dimensioned. The elevation drawings must show both existing and finished grades. Path profiles must be drawn at the same vertical and horizontal scale. All exterior materials and colors shall be specified on the elevations. Response Wall elevations are drawn to scale and with the same vertical and horizontal scale. Profile information is provided on tL~e elevations in order to provide dimension infornlation. The material proposed is Keystone Block. Color of the block will be provided via material sample at the I'EC meeting. It should be noted that we are current evaluating an alternative wall material and should have a decision on this material in the next few days. As you know, we are: in the process of putting together a DRB application for this project. If a change to wall material is made, it will be defined in our DRB application. Thanks Bill, I hope this takes care of the questions regarding this application. . Sincerely, ~~ ~~ ~~ -~---~ Thomas A. Braun, AICP Cc: Bill Kennedy Gary Brooks Review Criteria-Variance to 6' Retaining Wall Height Before acting on a variance application, the Planning and Envirorunental Commission shall consider the following factors with respect to the requested variance: a. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Applicant's Analysis: The proposed variance to wall height will provide a more sensitive design solution for the site and in doing so provide an improved relationship to surrounding uses and structures. Given the existing grades of the hillside surrounding the access road, if maximum G' high walls were used it would require three terraced walls on the cut side (upper) of the accessway and two terraced walls on the fill side (lower) of the accessway. This design would be much more impactive, both physically and visually on the hillside. b. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. Applicant's Analysis: The existing grade of the hillside and the width of the proposed snowcat access road are the two factors most directly influencing the height of the proposed retaining walls. The width of the road has been minimized to the extent feasible while still allowing for adequate drainage and safe passage. The design of the walls has been done in order to balance the degree of cut and fill slopes. c. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Applicant's Analysis: The proposed variance will have little, if any, affect on any of the above criteria. The wall variance will, however, allow for a land use (the new snowcat access) that will improve public safety by removing snowcat traffic from West Forest Road. 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G' ADE /~ ~~. ~ ~ PROPOSED j , ~ ~ GUARDRAIL •! //, 2 % ~ ~,.~~ ~ iii :: :. ::. :.:.:::.::: ... .: ; ~.;, ..::I :..:.::................... ` .::.....: .....; %% ;.. _ / : O ED~vfS % / ; FILL ALL ~ ~_ ;o . ,, -. ~ i;~ • ',:; ,, ~~ ~ ~~; .~ 25 00' PATH -~- \. 4.00' SHOULDE . - 40 - 20 0 20 40 8t80 8160 8140 SCALE _ = - =_ HORIZ- 1~ = 10' =- - -__ VERT- 1n = 10' ED WARDS BUSINESS CENTER P.O. BOx 97 EDWARDS, COLORADO 81632 = (970) 926-3373 FAX (970) 92fi-3390 ~y C ~ v' ~~~~ ~ ~sr. ~I j3 ~~ ~ ; xe 55~~~~"~ ~'rz~~.~;;?,~s;; . Y h ~ ~ ':: 1~ ~ ~~ ~ ~ ~~~ ~ ~ - ~ ~ ~ ~ ~ ~ ~~,.~ ~~I~_~r~, 1 ~arc~,. ~' ~~fz.~l~i' wkk ~ ~ ~ ~~~b ta44~ ` hFr r (Rr ~ 4 Jr44 -tom 1I..~hS~ S 4 ~f i~t~*y+.~~P~~' Y C} f ]>- ~ f ~ Z~h ? ~ ~ S ~ ~~ 7~ ~. ~ ~ s ~ y~ . , ~ ,y Yli? 4' Y. ywa~ t1 "C~T}ri 4 L r,. 1b.~l~..t~.. ~ _c.+ri ~~`i: a~;X: ..r .xC~,y',i. 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( ~~ rt l tn~ 1 I l rr l r . ~l ~h i ~ tl r~t <. 93 lbs. ~~ ~ ! ~ ~8 h x''1 ;~ . kc'~~ t'rt 1t~~'clrtruit~ulll' ctinnr`~~t,°il ~' >tlt~ ~: ~ (zooms ~;~ ' y}~tit ,rll t r oke's flit"ills! tit'i~r lil ~ har~fi ~~f;~~r d x; r t~ , w ~ ~~ • ~ ~ t rrc . lru~l ~~~mus~Urr t~~zfied s , ~~~~, ~ s s~ ~ G111i11T ~illt ~ ~`~~ 'r ~~t 4J 4 a~ ~ i a n 9 ~-ems 'l _ ti ~`x '1~~ ~ :n ,x ,~ .~ a~ ~ ~ 5 - ,~ aeh0.v m~ ''~, ~3 '- + 5 8 I b s (26 kg) v ~s~~;~~~-"~~ _',~~?+~ r,"~ ~r ,~ <, ~> s ~ ~ knl L.~, 'y~~..~xni.:}~ ,r +i h~ Y -xl t~.; "s.-~7N'„Y4~~-d't` ) c`'r~! 1P~~ nag5~ Ey '~ ~"`' 1 ~ ,~Se d " ,' , ~ ~ -'~'i',.~,4a'~j i}sst,,.. -fz ! `. i u n`S"apy ~"t~'~t~s~`+7 k~,'~ 8 h x 12 C~ x:11 W :: - ~. ` ~ - 3c k'"'F ''T~+'` ~~ S ~ 7F .! J`u, z ,~~ -r ! a '~~, ztt '~s'sMaS'~ ~ 8 ai at s ,ut'^ ~~~ ~, y~~ ~~~; „i r-a ~~h~ ~r~. ,.~ tt ~.'a`j ~svr 1s~ t ! ,[t 4 ~~ ~s~ S.,D~ ~;~,`f j N b°~ w'~3 ~ !1 t ekF' a! ~i t ° ,rw,~ r$ ~~u rr3~~ ~ (zoomm k 3oomm x z8omm) ;. ~ , : {v rU '~.~~'~~t y.~ r~sr~'*f ~ ~. ~,~~~ ~. , , r ~'. "i+kgr, ~ ~ ~,,,+t a,4'~Y tta ~.+~Sr`'ii~E'1r~~#yy`'~ '4~ ~ "~i ~t '}-.~ xS h.~:1. ~,i~ "jV 0.,,i S, ~ i r, r i a?u~~p~jF~r~~~^~^rr~'~.t~t;.~¢~'H~ 9~~~~~„B(1~7±1 ~;SA t~ ~~etr~c~~ ~, { j 3 t ~;<•- s'4' ~ry K ti ~ ~ ~ t~ vw 1t. i a,,r~• ~ 1 t Ff .~~ `~[ Y ~ ~ ..~-er-_'~~ r #~ ~ r ! x` 3 r7~r~~u ~~ t ?_f~ sw.~n' ,~- C N ~~i~nv~~.,n.ht 7 4 r~ a ~ .. ~FahS~p,~1 JkA.ie.Irr~~y.,i 1`5 -'~k ~~.t.F~e "+~~- Y ~r>~xr„ £t<.'d i ~ eI x. s vP f ! ~f ,9~~'~.'}kdl~ 1 F A~g~+~P.clN~e k•~ya4 x d~, `~~~1 a~~'~,~;jih~~,~. M "" . ~ .,~ I ~ ," R~~ •~~ 7 v~~y<,. # ,~.h ~.'~1,, 3~~r t 4k.Kr' t R i .! ,si ~~~ V ~Z ~, t ~' .i 3: -a s. ~~ ~ t .'+-t a^~4 e~,~i~~S.~ a ~.y xl `'~.~ ~a cvt~{~~~ d ~ 3~w+ ~$~ ° 7 t ~ a r ' x t~,~~t ~ .t"~c~.., x ~r ''til , ~ r ~i~'' r4 e ~ ~ ,~ ..~ie a r ,r, ~r~e~ ~' #•x"- y„i x1,r w'aF yi1~'~ .~'ti.r ~ ~r~ ~~ txr ~1 :.: 5 ~ ~. ..t tit j~z)~ ~~ ~ ~ ~< ~ h!r`~ 3 .z~~~*„~ ~~,}~ f~~'s' ~ (twofides textured) , t ,~ ~ ~~~¢? ~ = ~~ x ~ . t . . 4rtt F' ". . ~t~ v<ya3 'Cj. ~~ n~ _ t ^a~`4, ,~:'y~ ~`~rr~ p_~ ~a1'~r i ~ 30 Ibs (iy kg) ~., , t ~~~~ ~~rr t~ri ~ `~ ~'~S,=P' $ 'y?,FSe~''~ i a~H~~r. fi'„r~f. ~, q hxlz d.x.14/8 w,, e. ;-w, ~~Mg~~~-~~~ `t ~:„fir ,z t ~f~--af' ~,~? •* s (ioomm x 3oomm x 355mm/zoomm) ~~` ~ k~ rank ~ ~ ~ ~a ~~ ~ '~>~~ ~<~ tt t~ ~~: • , r w~ `. r ~: 1)t'~i~n~~~L~]~~~t~iJ~l~,rlli- Iit~ i,rllr~r-'rt?a1I ~- ~ :~~ ~. ;~ , t ~tru~ttt7 c s .r rr~ll lr! tit 1' I r~~rtl r rr,, ~ PUS1t1Ve ~eC11Gd111CR1 C01112eCtZO.1? WZt~I ` ~~ , Keystone: Ftber~-lc~ss~Pi~zs , 9 ~ ! irni~~ition~~, (~cnl rry:~TUa11,'blen"d; ` rlr~_ll,~tzn~"~~il~c~lr t~k a`rid c~h~a~ctcter irJ ~ ~~ Vertic~l~rBctttet-edYtlr~llAlignmentGptions ~~ ~;,r niafrirul ~-tnrrc~ tit~r,/r ,r.r.U~Jn~~rrl irritbri~t. ! ~, ~ Simplicity of Construction ~;.; ~1 tlrtrt l~~t~tiorr.b~Tl~t_wtth"contirlc~nt~~. ^~~ ~ ~;, - '~~~~ V9Tall Solutioazs fror~i Gr~cvity to - r._; - - r~ 5oi1 Reinforced ~~r ~~~~ey~'~ll;•F °~.~b~~! ff ")fe ~Ij:,7 r7~ja~~,{17 ~ a~f(1~fi'r 1! fr.~ R,,r~•~,M'"u~' ?,. a~ j `~!`~~3 t~~ y'' Li ~+ `~~~~ nY~"t '~`MV... ~jn.r.,x q ~ ~~.rF~ ~^s'~c+ra ^~i~jt3 ~''r"~;~ x r c ~~~j L"t 1 - 'i r ~~ ~ °3 ft7> +i~-ice :~y~ y'~~'~tr'f t ~. ~.x~'~'hV':n i~'iY ~G~'~ N 4w v t'47 t~i'n ti i~;~r5~ u ry ~LFxi lrle~ ~ .d fY!`t Pt~~F~r F~ ~~f""~PrF~Fp E'~~~;'s ~~Y~ ~. r l+ 5'7°"Et.jn~~.•'>^~ ~ x ,r5~'~-~~, >,! ~, ~ ~ ~! ,~ ~~, ter ~+4 + ~ i~ -"s. ivy ~i t ,~"a w "r'~.:,insr~ti ~ !J^ $'~ ~ti S• ~ "'` '~ ,,..,71` >= 7si ~ ~'f' t3°~,x~ u~,v 'r' ~"` 3.F''l"~~~1ka+t 1'~~L'~! irt~t( L,tl-~,v ° t 4 N~^ ., 4 a~i.,, c,~ r~ fi~•4~` 3i '7~ w p 3'u ,,~ arb ~ t,~ -%~ 4 ~~~~i' t~~}, ~",~ a~,p,~t~MY,ra~~~~.r~p t~ ~~`Ap ri ~-ya~,~~r~ F ~tp~ ~..+~~~~L~£~ 7~ ~F't, t1e - _,J~ h + ~.F~!~` yi n?.:,~.}~~ ~ ~~tsF- fJ ?~ ~ "~' -~~ 4rit a!^ Nd"cFF3* ' ~ .e"~,~`'ca• T ~~ .~, ~ ~ K+ 1 7 "1 ~...r."'`k aa;`ii.v#i t~' ~~d~`S,~4s`~~i`~~~r~'~.~e,~S~~~,~~Ey,\~K~~'r~r yf..Sa•~~,-~.,~k~,~' ~r~x'~^..t _ ~'~t~1 ~ StJ +. ~ '~ t '. of ~~. },tcr ~,~ r.. lfi,kp Y "~.2:ar~d~, ~c~~..d,d3-.dui` ~u~ y~ y i wTS„a', to S F 9 kM rP~~hF ~ Ye"~ r"~ Sr ~i~~ tt F s~'F '~a`3~ IY~~'o+~2."t S 0. ~.. ., 1 ~, ~ r S f t^r~. ~yq~ ~' ,~ ~-"~~. ~ ~ s->`~ ~~ Sn2all U1~1t ~ , ~.<y ~,; ~'~ ,,w. ~Yn '~~1 sa" ~~Sk. ~ ~"` ~e~.d~#~~ *~~~~"~~~*~y ¢- F b~ r ~ y~ ~ ~I,S.. ~ ~, ._ ( s . ~ . , ~ L v .ham w ,.~-~F~ -.--~~~ .~ .~ Ihs i k~ .,~~~ ~ t;3 c w~~,~ L+ t~_`Fb!',•'r~ir~•~~h"'"'nk~ ~y~t ~ "' 4 ~ 'v~.Y. e13r'~ ~S A ~7 l 7 up) a !L ~ ~~-, t.~ ~`!' i! f8'a RF67 }~F k`~ rG F~l, it(b' Yut"r~ tJ~rl .1w7,',~^'1 ~Ii °~~k .,+s ~I ~# 4 - ~ t x . , ~, ~ ~"2" ~~ ~ a; ~}j 33 ~ (. ~"A~~4~`ir t x ~~~ ~Ea.~ ~'"~'`~ ~~.,~,;trtF ~,~ y mss, k r t 'i 8 '•h .xlz' d X' W i 'tr y"rs, k„-'~' '~,~q .~ s a4 r p^~ 4~'~~ t.« "5' ,~ k~r~y`~ 7 ~ ~,~`• ~*'¢r ~`kjt "1M~S t . trN~ ~`~,x~u'' ~ ~~`µa~~, `~-a .~., , a k,~ w~xk~- ~'^~ (zoomm x 3oomm x i8omm) '` ~~,'~~~ ~~,, ~" ! '~,~R~~[.~~~~~~'~ ~ ~K"'tkNi.g,D'+ L47`A't~YYA7~• z ~ ~~,~ '~Y ,; ~.hf~ .~~t'p y~.~x`.tx'".:~,y~' ~ ~ ~rti ~r~ - 3 ~ x~ ~`1`~`"i•t .+! s ~~~ t+t NjJyta~Xw,~v~F{3$>„~~;<ti t o~t~' ~; 2`~pa~e ~rr,~~~*~,h~ItcF;~~~ ;~-s,~* t t~;`~"3 x '., 2Y:1 ~ ~ 5' ~ 0 KF ,~{~ ~4~ ~ ~ Y ~' ~.,i C.~~'j ~d 5~,~~hJ ~, "tf ~'{ ~1 - 1. t t 1 4 M i~~ t ~2,. t NLC~ -lv Ir L \ t.sY c z S fi' ~,t{'-~k'3, i7 '~i,R i ~t ! unit dimensions, weight and color may vary by region x.. „ ~, T~i~ Pli~f\lEIJ S'(S7`=M ~__ - ;;. ;~ It~WSt' ~"?=va°~''P~ d"l``t~a~ r~irl~rf)t~.2 , a ~~ ~ - ` ~~ Q t \ 1t .,~~ J~'rA: t F 'j H -~+Ny f £ ~ ~ Y4`~ T r~! Y^ 1~~ ~~ .~ ,~'f t~~ ~ %~ Fiberglass Pi.1is ~~ ~`~ 5 - 1/4" (130mm) long 1 - 1/4" (32nun) shoulder length 1/2" (13mm) diameter at pin shaft 3/4" (20mm) diameter at shoulder High strength pultruded fiberglass ASTM 4475-85 Short beam shear 6,400 psi (44 kI'a) ~~ ~ a ~;:-, ~:~` ~.~ ~ r ? ,~.,figg u`+ ~~~.}4a, ~T s r - ~ r`''` "r~~f~t~ f U ~q~~yyy' xp6t~ r'~~„~~R a~~~_ p \• T'tti~j t~ r,T'~~`'.~y"~~N~~~SgSYC ~r~~` ~~ ~ ~ ~.~ ~ ~ ~ f,{ ~ ~ ~ s. -~` .fl~e.~ sag's"-" `y~ ~~y.._~.. r Ti~E PEN1`JED SYSTEM r f „~'~~, .h ~" ~' .;~ _.~ ~~~~~~ For more clemanding strr.rctticral '-~~,,.~. w applicati.orls, Century Wall uses key ~~°~ ~ r ~' ~:~~ ~ ~~ ~~~„~` Con7lecto'1•S fOYt7ZeC11a11ZCa1 fasteners ~i-~„~,`~'`~~~+~~r of HDPE c'r PET ~eogricls. ~ L ~ ~~~~- s~ i f ~ A ~~. S ~ ~ ~ ~ ~ ~ ~ D ~ ~ ~ ~ S __ _ ~, - .~ +~w r 1" ! N. ~ ~c P1F~'C1.~1C t~'1~ B(iJE' ht'1 ~7!].;' l'•.r.~~ ~I1 ~~ 1~1 ~/1-' ~n C ~i,'lfl ~_- - 11 ~t I~i /lu r l~l~i'olR~_~; f C ~' 4,'er~,~~q}d ~; VX) E i jl _ i 1 ~ a - ~` 4'17f'Sr '~^ t l.t,Ai 1 11 K 1: Z ~ a S v _ --f ,.rc ~ 1 ~ ~~ ~ s ~.. ~ ~ ~ V 1 .'~ ~-yi'Yl' ~~~~.~" "l~~i~'„cL~~~V F' ~. 1 t,k;"~ ~~'~k,~ ~ y.~ ~ Vii!: 4, i'a. j~ ~ ~ ji 'ry ~? Si~ly~ ~'.4as~~3 ~~>~`r .. i ~ ~~S y ~~ ~.~.k~a' 1 .,,P ia' f,.,~,, s ~i~ K j.. ~ . ~ tsi, t9tw~C x `~~ ~~~ ` ~ i '~. tt~~r.~ ~~'w~' ~. F.s ~ .{ F fs ~„4 _ : ~ s ;~vh ~ ~ r s a r~" 6$ y d f e.a~ "'it- ,,. ~•`~~" ~ ~ S ~' '~„ 1 a~ ~,.~tir ~ "~ -,X n~i r^ '.r k qyy ~ ~`~d4 SS ' ~ i N f"" 'tom ~~y4.~ *. v s. ~`.i j'~ 1 ~~3 (. ~,.. v. ^~ a if ~ S ~:. .! ~ e n _. f i L A .! ^ s f I, ~ F.. ? - { c '~~' I.emove all surface ~c etah~n Ind deFiiis Do nest 2Plac"t the fits icourseo£Centun%~ti!all units end for Place the., fiberglass pins" into [he appppiopmtp"~ , ~ _`~ use the mateual.,is•bacl.&11 Atter sel~cbn the end~~ with rorit corncrs~ touthin of the°-A' -Boles to achieve the desuedsetbackposltton _~;~ ! 5 t ( ~ ~) ~ ~. ~ ~~rs tx tAa._ ~ '~'~ locahori~and lerig$i of the iG ill et~ivate tlic base ; `prepaied base~'The sideof the wilt vv ith t{,~~'lon~ ~ ~ the Century Wall-umts Placc..~pm~m -the fi~ nt ~~~~ ~.t ~;~: trench~to the dezi~ned s+adtli and dcpt}i. Start ile grog>ve (receiving channel)'near the front fare of ' >most hole(s) for ;near vertical alignment, o ~'y'a;~Y ~ - ff.9t a ~ F ~, ' ti„ s • " I P.hng .pads at'the lovv'est ~elevation'',alonb ~c~ll the~unit should be placed dort•n and the open pui 'the holes nearest the emb~a~ent~fb4~ 1~ t~•~~rwM ahgnnient Step~up in S" (200mm) ~ineremeitt~s hol`e's should face up asshown: Make sure each ''setbaal.percourse ~~ ~+t."~I~} ~~.~ t`'• ~•~- kn~..~, . i1 F. y '- with. the base as icquircd at Ehsationi°hanges in ~"uiut' is`level.'- side to~'sidc arid;'front toj,back ! i ° =~~t` '''~r""~''" `f .,,. ~ h u ,k,; the foundation Icve] the prep ucd U'ase ~ ith S' Leveluig the.fi"rsceourse is critical for accurate and ~ `'1 ~ } ~~ ?: K 5 ~ ''M _ _, (200ir1m) of well-compacted ,ranolar'fill (graccl a~ccptable results For 3li~nment~of'straigliUs~ ills ~,~~ ~,~.^ ~~ s ~~ ~, road .base; o'r•1/2` to 3/4''(10 ZOmm) crushed ~ useastnngluieposihonedalun~t}icun~tpinholcs Yr hryY~~t i ~,'~~ yy~ .. ~ x ~z ~ stone) ~CompacUto 9~°4, Standard -~_Proaor yr for_~accuracy' Mirwnum embedment of-base ,z.•''~ ~a , ' ~~ greatec~Do rt r . << ~ t,ll l . i , , ii o (206 sn)be ~ °i '_ ~,>,~ ~ ~,~ ~'F` ~~~y~ i 6 ~~ r levnluigpad• _ ....^ ~: ~ u a v 1 ~ ri~~. 15'/,`"~v, ~ri; j •r - ,r4 ~ ei F gy. ~ ~.~ ~ k S `vy( ( FF9 r.^{ ,V ,.. 1115'!`GIIC' ~1({Z .USE ~~!/~ 1 , ~.:~.I7. t !;1~i r ~I . 1[~~i, , ~ i :If1 1 vZ{TJ~ t r CRpplll~t}1C ~al~ t~ ~ , ^' to e'r coa>>r~acftotz , - : , a, ~ >,Y ~ ' - •, errci ~" --.~so•»=s~ a - 'p' ` .r 7~c`:~`• `~ ~' ~"'- Y _-~'^' ~l "'y~nk''`"m" r " ~~ ~'h,J _ ~ ~ ~`~ 1.~ ~ '. t~f~ ~~ 3 z Y 4 ~' i ~ry.9i'~k... ~ '.t /r~ t ~ ~ a~ ! ~. ~ 4 ~.. • RL ~~~~~ ~ ~cl„ya~ £ 'EiN. ~ 3 ~~tNt ~ r ~ / l~ ~ vF * 1~~~ / ~ ~ ~ ~~ ~ _ , ~~' ti ro S~ ...Yw~ r "F' ~ ~''t^"~a3'~ a'S ~~ i•,in"~ s"~.`r~~`' ~r .4,.,44'"` rr u" Yri ;~ ~tq.f ~T~~: P ~ i {~,. ~ Yt "~Vr(v ai~yL t~a3 r,~, ! ~ ,v+1s' 24b,F.~` P '~,~,. '..a ~. Ytir: 3•° ri~{ `~'yt, " ~$;1+ 4^~yx~, ~a-~~~ ~ ~ a~ ar~~rt ~r r r^ ~~~i `~ rt~„ c r h~~,~~_~ T. .,~ ~~~ ~~~ ~~,~• •' ~i ~ ~~ ~ _. 4e3~' @.F.\a4`"si S1Y d fi~ . d' ~'~S ~~i,'~~y ~ y„'{~..~ v` x 5~Z^~~:~ ~ 4 1 4 2~~ ~~6*'~ rr , w.: '1 Y s ~ ~1 ~;: "s. ~~St ,~.~~e,~4 T '°~yla~ ty ~"t-Cart tj 6•'~T.~' ''~ X a ~~.s ~F ~•,.. i a ~ ~ /s~"i~,r~r'4i 4o ad t .,7 •e~a ' ~ Ss~"y ~i 't% 1. Cd a i • t ~+k ~' ~ s ,r ~" ,I id c n tr w ~ S~ r, . .F n .r~'S~_ ~D.>m'V ~ «. _ra. ' ~~ ? ..m> ~ '~r~.,'.~~ _^,..'2_ `~ _::~`.Y . ~iF. ux~` l _ .~,~ ,-n~. . _ . 3>~ .ivf J .c r ,.. " r. :~'a~4°r~AY7fi~~fRa~k" 1 ins have been'ins ailed pre~ade 1/2' `. _e the nett course of Century'Wall units;over ~ ~C1ean~off the last":'course 4of iCentury Wall m "~ Onc h p `s ~er'3/4 ~ °(10 .-` 20cnm)~ crushed stone,:dnma~c ; fi ' t'°.-fiberglass, pms fittin g the pins tnto tli'e long, ti 'preparation for the.cap or copmgao ,finalize the i ~ _ .. ..,. ' i ' ~ '. ~ - uriitsi.dry and clean; use Keystone"- unrts to a nvntmuin depth of 1~ ~ccusmg,channel ieccss of the=unrts"bese r wall-.With behmd'the ' ; , . >., (300mmI. Fill open spaces licri,een mt~it and opt -Push pull the Centun t ~~all units trn ~nrd the CKapseal construeion adhesive sor equal for a fi eavit<es/eoresv.~th the saint dramaLc material `faceoEthewallunnl~tlie ~hinnclti~all~makeslull ~meehanicalbond~InstallitheCeritiu-yWall'4"'~ Proceed toplaee.ba hfillm~muunum(Fi (200nim) contact ~ith(the pms ~' ~ -, • ,~i(100min) capping unit architettural preclst : layers and compact to 9S0•o Standard Proctor`~ti~ih concrete br cut stone as a coping element Cap- ? ,' the a~propnate compaction egwpment..Notc Do may be flush or:overhanging as regwred .by, ..~ ~`- not`.riin heavy nde on compacuon~'~egtupmcnt aesthetics and design +s • within 3'-0" (Im) of bade of wall.: .' "' GENERAL NOTES: • Units may vary due to texturing processes and unit sizes by region. Verify • Cut or split units as required (with a mason saw, hydraulic'4ireak or unit type, size, weight availability by region. Units may vary up to 1" ± '. chisel and hammer) for corners, caps or wherever units need to be altered (25mm) due to texture variations. ~ to allow construction to be.finalized. • Clean out pin holes and receiving channel as required to assemble wall.. • When cutting concrete units, always wear safety goggles, gloves and filter During manufacturing, some concrete crumbs may deposit in these areas mask per manufacturer's recommendations. and should be removed to permit pins to be placed in the appropriate li holes and receiving channel. THE PIiVPaED SYSTEI'Vl r _ ' 4 r..~ 5 ... .; 4 f~C~S~l1i'~~ICC~~Cir1 ~~l a ~~172~A'I2~3t. ~( --~~,v, -'~ ~~~ F ~~J~stones pa~cnted pin s~st~ni~ ~ ~ ,:, dependable ~~ ~~ ~ F~ ~"0M_ ~-; s.,~ h~ ~.. 1T ~~°hcre its needed most High St,~„~,th fib~rt,l~~s pins pro~u~ ~ ~ ~~~~~~ built-~n ilign'ment foie, tht ~ entun ~1 all S~ ;rein end ensures - ~ ~~~~~,~'~i ~~~ thatc~ch unit ~s secur,~ly interl'~~l-Ed wi~hm thc`~~-all fare In ~;~ ~F ~n~~ a aw .., m '^z ~,,,~ vM addi~iion, thisuniqucpinned system allows'F~r a mecharu~~l _ ,.`.,~ ~a~ ,~,` +~?t~~~=`~ ~~c~miection ~~ith <~eo~~iid soil` reinforcement, souring itti ~~ ~ p7 ~ :~ .. <_ , - ~'- rec.-~_ •, ~ ,.r; ;~ ~t between units and~alluwin~ for proper tension, 4 ~~ ~,~ ~`~ c- ', u+ ;'~3i F ,~ ~~~ :, ~. ~ ~ _ ~~ 4 ~~~ t _ J 6` -{ za.~ .~,uS' ~..'~~3,~~a 'ia~i'~'+~1fsr-.i "'~1.~cY:~~ iA /4" . r _ 1 ~ ` ~Mitk1~._=.lC.~~4.~~i~nf~`.'+:'4.~~~5.ff'l~~f~ •VL.rR~~ / ~F~ P'r~~~L~ rJ~rJ ~~~.~ i '~ ~"~ s;"` q4 E , ~~ +^t ~ C' i ~ - ,z„ { ~$ ~ j ~^R, 1„ "lam b .i.iF -~~ ~.,~' r a _ ~~ ~ C.~ IF to `~~4~.SZ --w~ ~~~1~4fLi~~~~ '~ ,.r i ~xa~) ~.~ JfYI u?~~srt nTe _ ! ~.Y;fi.~ ~e f I~~1III;~~III~if' ppi~pp; ~' 1 ~ ~ ~ ~~~. . ~ ,r ~;: ~~ an ~~ , r~ ~ ~ . ~~ ;. a ~ y~d ~ ~ ~xy} f)!i~ 9,~ 1 ~ (~. ~ _ ~bLt~-~,.3 ~99~z ~ ,~,~' i 4 .. 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Vii, ~S" ' ~`~ ,~ ~Lahewood; Colorado 80228 y` `'~w .. `'a+:::.'" .err:~% ,i ,y ' i' Z~: d A.r ~ ~ nn t .r > i- H J L a pp _' `' ~, ~ J P b ~ i+IF~~ !~ ~ R + ~~ ~ •M 5 ~ Y ~ ~ ~, 17h ~~11 d F _ M.. } ~rA~ i, ,. >ti,~ r~~4~~~~,~~ay •" ~ ~4 `•a aJ v~:a x~ ` =, ~ ' ~~ N ~ ~ > j" F-~ t2~i~ rF t~~lanY ~} g?~ r+ ~ -,u d `q ^~ ~~'~ ' ~ a t~.:k_ ~°,$' .t-`' ~ Mti fat S?T ~' ' +S,a~-ia ~ r r+W ~~~, u~,~J, y "~,~ ,+ -~' r T ~r i p~.Yf(,h,r~j u~ Dzstributzon ~~ ,~ .~ xue?~~ ~,~J r~ ~ r,=~~ .a M~6Copies' i -Vail Resorts Development Company (~ bo nd,a1 unbound) ~ r ~t :~ +, rl `Copy Golder Associates Tne~ ~.,,' ~~. ~~~ 1~ ~ ~ ~` ~+~ G ~; f i ~c] 1 j Z.. c ~yt[_ ~~ ~ '' ~ ~ ~' ~ r ~,+ i.December 15, 2003 ~ ~ ~" {' " '" ~'~ ~, s *,h :~ ~ ;~, . 033 2,125 i , n ~ a. _ _ _ ,U . r _ ~ m v k ~ ~ { } ~ .rte ~i December 2003 -i- 033-2125 TABLE OF CONTENTS 1.0 INTRODUCTION .....................:....................................................... . 1 . ............................... 2.0 PROJECT BACKGROUND ............................................................. 2 2.1 ................................. Background . : 2.2 ......................................... ...............................................................................2 Scope of Work . : 2.3 ................... .............................................:..................................................2 Information from Previous Studies .............:....:..................................................................2 3.0 SUBSURFACE GEOTECI-INICAL INVESTIGATION .................................................3 3.1 Subsurface Drilling Program ............................................ ........ 3 3.2 ........................................... Laboratory Testing ..............................................................................................................3 4.0 ENGINEERING GEOLOGY ............................................................................................5 4.1 Geologic Environment ..............................................................................................:..........5 4.2 Site Reconnaissance Observations .....................:................ . 5 .. ............................................. 5.0 GEOTECHNICAL RECOMMENDATIONS ......................:...........................................7 5.1 Earthwork and Grading .......................................................................................................7 5.2 Slope Stability Evaluation ...................................................................................................7 . 5.3 Retaining Walls ...................................................................................................................8 5.4 ~ Bridge Foundations and Related Geotechnical Issues .......................................................11 5.5 Future Geotechnical Work .............................:..................................................................13 6.0 CLOSING .................................:.......................................................................................14 7.0 REFERENCES .........................:.......................................................................................15 ~~ LIST OF FIGURES Figure 1 Borehole Locations LIST OF APPENDICES Appendix A Borehole Logs Appendix B Laboratory Testing Results Appendix C Photographs Appendix D Slope Stability Analyses December 2003 -1- 11 1.0 INTRODUCTION 033-2125 ~, This report presents the results of a geotechnical investigation and engineering geology study for the forest road snowcat bypass for Vail Mountain, on behalf of Vail Resorts Development Company (VRDC). VRDC's current concept for the road is a cut and fill construction with unpaved finished surface, with cut and fill retaining walls as needed. In addition, a bridge will be constructed to cross over Gore Creek. The purpose of the study is to provide preliminary recommendations regarding engineering geology and potential geologic hazard conditions of the property along with recommendations for bridge foundations, abutments, retaining wall design parameters, identification of potential wall types with a discussion of the applicability of each type, and recommendations for final roadway design. _ I:\03\2125\0400\0401\0332125.0401.09350.DOC Golder Associates December 2003 -2- 033-2125 2.0 PROJECT BACKGROUND 2.1 Background The site is located south of the town of Vail, to the west of Forest Road in Eagle County, Colorado. The snowcat road, to be used by ski slope maintenance equipment, trends south over Gore Creek, then turns to the southtivest and gains elevation to interest an e:cisting forest road at an elevation 140 feet above Gore Creek. The road will require construction of a bridge where it crosses over Gore Creek.. Retaining walls will also be used to construct the road and potentially parts of the bridge abutments. 2.2 Scope of `Vork The scope of work for .the study included preliminary field reconnaissance, asubsurface drilling investigation with installation of piezometers and inclinometers, laboratory testing, and a preliminary report of geotechnical conditions including a working stability model of the slope. The purpose of the report is to provide a preliminary evaluation of geologic and geotechnical conditions for planning of the site layout and bridge design information. 2.3 Information from Previous Studies Previous studies have been completed for the snow cat road bridge site by Koechlein Consulting Engineers (see Section 7.0, References). "This report. recommended the snow cat bridge be constructed using either spread footings or piles for the foundation, and that further investigation of the fill materials on the north side of Gore Creek be done. This previous study did not do any subsurface investigation south of Gore Creek or provide any recommendations other than those associated with bridge construction. i ~. December 2003 -3- 033-2125 3.0 SUBSURFACE GEOTECHNICAL INVESTIGATION 3.1 Subsurface Drilling Program The drilling program was conducted during the weeks of October 13 and October 20, 2003 by Golder Associates Inc. (Golder) and the drilling subcontractor, Spectrum Exploration .Incorporated. The drilling program consisted of drilling a total of five boreholes at the locations shown on Figure 1, and installing one piezometer and two inclinometers. The results of the drilling program and laboratory tests were used to determine the physical characteristics of the subsurface materials at the site. The boreholes were drilled using ODEX methods in the overburden soils to depths ranging between 25 and SO feet, followed by 2.S-in. ID HQ core drilling into bedrock. Standard penetration test (SPT) samples were collected/attempted in the overburden, but the rocky subsurface conditions limited testing and recovery. Contractors and others reviewing this work should note that this ODEX drilling method allotivs penetration of maerials that would frequently cause refusal to auger rigs. SPT blowcounts in the ODEX borings may also be influenced by the ODEX method. Contractors are urged to interpret data from these borings with caution. In general, the boreholes encountered gravelly colluvial soils or landslide deposits over sandstone, siltstone, and shale of the Minturn Formation. Thicknesses of colluvial soils and landslide deposits that may excavate as soils are expected to be quite variable. The colluvial deposits are characterized as compact to very dense silty sand and silty gravel, with cobbles and boulders. Landslide deposits have the same charater as the colluvium, or may exist essentially as relatively intact bedrock. The bedrock encountered below the colluvium in the boreholes was slightly to highly weathered, extremely weak to strong, tan to gray sandstone with some shale and limestone. Groundwater was encountered near Gore Creek during drilling of boreholes SCB 1 and SCB2 at 1 S and 22 feet respectively. Groundwater was not encountered in the boreholes drilled on the slope along the proposed road alignment. The borehole logs are presented in Appendix A, with the borehole locations shown on Figure 1. 3.2 Laboratory Testing Samples obtained from the field program were collected, tested, and analyzed for index properties (Atterberg limits and grain size distribution), and shear strength at Golder's laboratory in Denver, ~ - I:\03\2125\0400\0401\0332t25.6401.09350.DOC Golder ~.SSOClates December 2003 -4-. 033-2125 Colorado in accordance with applicable ASTM standards. Selected samples were classified according to ASTM D2487 based on the Unified Soil Classification System (USCS). The results of the laboratory testing are presented in Appendix B. Index testing was performed on samples of the colluvium overlying the bedrock. The insitu moisture content ranged from 2.6% to 6.1% on the borings in the slope, with moisture contents up to 14.3% closer to Gore Creek in the Bridge foundation investigation borings. The liquid limits ranged from 20 fo 23 and the plastic index ranged from 5 to 11. The material was measured to have a pH from 7.7 to 7.9, a resistivity from 5165.3 to 7215.0 ohm-cm, and a soluble sulfate content from 0.001 % to 0.002%. A suite of direct shear tests was performed on samples of the colluvial silty gravel -silty sand material. The results of the direct shear testing indicated a shear strength angle of 38 degrees with low cohesion. December 2003 -S- 033-2125 i 4.0 ENGINEERING GEOLOGY This section of the report describes observed engineering geologic conditions at the site that are pertinent to site planning and development. Approximate locations of some features observed are shown on Figure 1. 4.X Geologic Environment In' conjunction with the field reconnaissance, we reviewed available published information for the area, including the U.S. Geological Survey's 2002 Geologic Map of the Vail West Quadrangle, Eagle _.. County, Colorado (Scott, Lidke, Grunwald 2002). Most of the area is covered with overburden soils overlying Minturn Formation sedimentary bedrock that dips approximately north-northwest, in a similar direction and grade as the ground slope. T'he study area is characterized by dip slope topography, with the slope dipping about 20 to 30 degrees to the northwest. The USGS geologic map shows the slope covered with colluvium, below an area tivhich has been identified as a quaternary landslide feature. Most likely this large feature has not been active in a recent time frame_ However, the slope within the area of interest also has geomorphic features indicative of landslide activity. Some conditions may exist or could develop which could result in localized stability concerns, either naturally or as a result of site modifications associated with development. The thickness of colluvial soil and landslide deposits overlying bedrock appears to be variable. In many cases, landslide deposits may exist as relatively intact, but displaced bedrock. 4.2 Site Reconnaissance Observations A field reconnaissance of the property was made on October 14, 2003. The following section presents the results of field reconnaissance. In a fetiv locations, specific conditions tivere noted during the reconnaissance that could affect the proposed road alignment. These are summarized as follows: Immediately above the existing pump house, which is at the approximate location of the proposed bridge, the slope was observed to be hummocky and showing evidence of several smaller lobes of localized slope movements. In addition, the 1:103\2125\0400\D40110332125.0401.09750.DOC Golder Associates December 2003 -6- 033-2125 aspen growth patterns suggest: soil creep is also occurring between the existing pump house and the existing forest road.. • The existing slope, where the snowcat road will steeply climb between the proposed bridge and the existing forest road, was observed to have older large Q landslide features. The tie in with the existing forest road appears to be located on a bench formed by the top of a slump block. There is another horizontal bench below this, where Borehole SCR-3 was drilled, which also appears to be `i~ the top of another slump block. These appear to be part of the enechelon failure Il block of the larger landslide feature mapped on the USGS maps. The exposed soils and drilling suggests these failures occurred within the colluvial soils. • The slope above the existing forest road is likely part of the older large slump block complex, and is covered with mature trees. Exposures on the slope shotiv colluvial soils, possibly deposited through landslide movement judging by the material's random orientation. December 2003 -7- 033-2125 5.0 GEOTECJFINICAL RECOMMENDATIONS 5.1 Earthwork and Grading On-site soils are suitable for use as general fill,.although select granular fills may be needed for some construction. Some processing will be required to remove the larger material such that the soil can be placed and worked in lifts. The large cobbles and boulders, landslide deposits, and weathered bedrock in the on site soils may result in difficult excavation. Contractors reviewing this report to evaluate excavation difficulty should note that an ODEX drill rig was used, which will readily penetrate materials that usually cause refusal to an auger rig, or be difficult to to excavate with conventional earthmoving equipment. The SPT blowcounts may also not be indicative of excavation difficulty. Rock or difficult eYCavation may be encountered at any depth along the snowcat road alignment. We therefore recommend that the roadway construction.bid package contain at least an item for difficult or rock excavation. We are . available to assist Alpine.Engineering with quantity estimation of this item, and other aspects of the bid package. However, it should be noted that any attempt to estimate a quantity of difficult excavation is only a rough estimate, and variations from this estimate should be anticipated. We recommend 2H:1V or flatter for all .slopes. Surface water should be drained away from all structures. 5.2 Slope Stability Evaluation A preliminary global slope stability evaluation was performed for the snow cat road. Using the available topographic information and tentative grading plans provided by Alpine Engineering, Inca the existing slope geometry was modeled using the SLIDE (Rocscience 2000) software. Surveyed topographic information was not available for the complete slope, so some . of the topographic information generated by aerial survey was used to complement the data. Some engineering judgment was needed to develop an overall slope geometry using the two data sets. The evaluation of the existing slope was compared to an additional model which included the modifications required for construction of the snow cat road. The results of the two analyses show that construction modifications to the slope do not result in a decrease of the overall slope stability and may improve I:\03\2125\OA00\0401\03321?5.0401.09350DOC Golder Associates December 2003 -8- 033-2125 stability slightly. This comparison is of vital interest to the project, since the roadway and associated retaining walls are sited in landslide terrain. Vail Resorts and other consultants should understand that this evaluation of global stability is not in keeping with more conservative routine practice for roadway design, such as prescribed by AASHTO and others. AASHTO generally recommends a global stability safety factor of 1.25 to 1.5. Calculated global stability safety factors for this project, using the approach outlined above, are likely to be below 1.25 in some cases. We have employed this approach on other roadway projects with performance expectations higher than for this snow cat road, and so we believe that this approach is , reasonable and viable. The stability analyses are presented in Appendix D. More detailed global stability analyses will be required with final design of the retaining walls. 5.3 Retaining Walls General Project retaining walls are likely to be either MSE walls for the fill side of the roadway, and soil nail for the cut side. Either side likely will have a rock masonry veneer, similar.to other recent Vail Resorts projects. Given the steeply sloping ground conditions, our general recommendation is that the road layout favor cut walls somewhat over fill walls, for two reasons: • Providing adequate reinforcement length for larger fill side MSE walls may drive the "heel" of the excavation so far into the hillside that the foundation of the cut side wall is undermined by the excavation for the fill side wall. We have discussed this issue with Alpine Engineering already, and they are aware of it. • Adequately stabilized cuts generally perform better in this type of setting than the larger fill walls. Specific criteria for design of either type of wall are presented below. r December 2003 MSE Walls -9- 033-2125 MSE walls appear to be feasible for the fill side retaining walls. Near surface soils encountered in the borings are variable in consistency, but often very rocky. With processing it appears that they could be used for MSE fill; they generally do not appear to be excessively plastic or to have high clay contents. The primary consideration will be excavation difficulty, and'~processing as needed to remove oversized rocks from the MSE fills. - An internal drain system, at approximately the back of.the lowest reinforcing layer (or the "heel" of the wall) should be provided. This drain should consist of at least a 4-inch slotted pipe embedded in clean gravel, fabric wrapped, and sloped to a suitable outfall. Wall design parameters are recommended as follows: ~ - _ - - ~ Un-site Backfill' ~I. Friction Angle 34 degrees Cohesion p Unit Weight 125 pcf The following criteria, which are independent of backfill type, may also be utilized: . Minimum Reinforcement Length: 0.7 x Total Wall Height; Minimum Footing Depth: 18 inches; Factor of Safety for Sliding: 1.5; Factor of Safety for Overturning: 2.0; -- Factor of Safety for Bearing Capacity: consider as part of global stability tw, analysis. Additional criteria such as required geosynthetic strength, interaction coefficients, and maximum vertical spacing of reinforcing layers will be determined during wall design. Wall elevations (profiles along the roadway) with reinforcement layout should be provided with the design, as well as specifications for the wall construction. '~'~ u~nm~ivs~nam~nam~mzo roc nnn~no~cn nn!` ~i(IIf~P~ b.SClll'.IA~PC December 2003 -10- 033-2125 Soil Nail WWalls The cut walls for the proposed snowcat road are likely to be most economical if constructed as soil nail walls. Soil nail walls can be constructed from the top down as excavation proceeds and do not require additional excavation for placement of wall reinforcement members. However, given the variable ground conditions of the landslide deposits encountered, attention to these ground conditions will be required on the part of the designer to minimize construction difficulties. Specifically, stand-up time for the excavations may not be very good, at least where boulders or gravels are present with few or no fines in the soil matrix. The design and specifications must provide guidance to contractors for bidding and constructing in such conditions. Slot berms or flash . coating of the excavation face maybe required. Similarly, drill hole stability may be poor, and cased holes may be required. As vas the case in the soil nail walls at Arrowhead in 2001, communication between drill holes and/or large grout takes are likely. The design should consider either grout socks or other methods to manage grout takes, and the specifications and contract documents should be developed with this possibility in mind, so that contractors can bid on and build the walls with reasonable risk and direction. The following soil nail design parameters are proposed for this project: Parauetcr Va1uc Friction Angle 32 de ees Cohesion 25 sf Unit Weia t 120 cf Unit Ultimate Bond Stress 12 psi The unit ultimate bond stress identified above is representative of dense sand and silty sand/sandy silt (FHWA 1998). A unit ultimate bond stress of 12 pounds per square inch (psi) results in an ultimate pullout resistance of greater than 2 kips per foot for a drillhole diameter of 6 inches, as would likely be recommended as a minimum drillhole diameter for this project.. ~ Soil Nail designs should incorporate permanent drainage to relieve hydrostatic pressures and provide an outlet for groundwater conditions or seepage that may develop seasonally. Other design .measures fl II r_u__ w____._a__ ~ - _ , December 2003 -11- 033-2125 for permanent soil nail walls outlined in the Federal Hightivay Administration's "Manual for Design t & Construction Monitoring of Soil Nail Walls" (FHWA 1998) should be followed in the design. 5.4 Bridge Foundations and Related Geotechnical Issues Foundations The conditions encountered in the boreholes suggest that several alternate foundation systems maybe considered for structures on this site. Final selection of foundation type and design parameters will depend on a number of factors, including: Soil or rock conditions at the specific structure location; Elevations, geometry, and bridge hydraulics; and Performance expectations In discussions with the bridge designer, Mr. Bill Rose, a subconsultant to Brown and Caldwell, we ` have jointly agreed that driven H-piles are appropriate for the north abutment. foundation, and a footing supported on an MSE wall inappropriate for the south abutment. H-Piles. North Abutment Steel H-piles, driven to substantial refusal in the underlying bedrock may be designed for full axial structural capacities (AASHTO recommends 9 ksi). Such a foundation would be highly scour resistant, and could likely be designed to provide good lateral restraint. A potential drawback to this foundation type is that boulders in the overburden soil types are likely to lead to early refusal, unless the pile locations are pre-augered. Pre-augering and drive shoes are recommended. Pile lengths of 25 to 35 feet (vertically) would likely be required (based on current ground surface elevation) to penetrate the bedrock surface and achieve full capactiy. Driving criteria and capacites should be confirmed by wave equation analysis. Wave equation analyses are also recommended to avoid overstressing piles in hard driving. r ~ •. _ 1:\03\21250400\0401\0332125.0401.09350.DOC Golder Associates December 2003 -12- 033-2125 Pile spacings of greater than 5 effective pile diameters are recommended to avoid group effects. If closer spacings are necessary, we recommend a 75 percent capacity reduction for piles spaced at 3 to 5 diameters. In discussions with Mr. Rose, we agreed that a row of battered piles would be preferable.to resist the lateral loads imposed on the abutment by the 3% bridge grade, rather than relying on lateral restraint from vertical piles. This is due to the soft, organic clay layer below the north abutment; it is possible that the likely low strength of this layer would affect the lateral restraint of the piles by the overlying soils. By using a combination of vertical and battered piles for this abutment, all pile loadings are axial. Footing, South Abutment Footings are a viable option for support of a simple span bridge, especially if they can be located to avoid scour issues. We also have experience in the design of MSE abutments to support bridge footings, and have discussed this approach to the south abutment with Mr. Rose. Tentatively, we weed that this appears to be a viable and economical alternative to construction of this abutment. We recommend allowable bearing pressures for the bridge footin of no greater than 4 ksf,. bearing on the MSE fill. The near edge of the bridge footing should be at least one foot behind the back, or inside edge of the retaining wall face. For a one foot thick facing block, this puts the edge of the footing 2 feet from the front face of the wall. For thicker. wall faces, a somewhat greater offset would be indicated. We intend to coordinate this issue with Mr. Rose as MSE wall systems are evaluated. Abutment retaining walls MSE walls as discussed above may be applicable for bridge abutment retaining walls. Some consideration will have to be given to the bottom elevation of the wall type, the resistance to scour, and the design flood predicted elevation. If the abutments are located at a location such that scour is not likely to be detrimental, a MSE wall system may provide the most economical. abutment tivall. If the abutments are to be placed at a location where there is a high risk of scour, a cantilevered deep foundation wall type may provide better performance. In discussions with Mr. Rose, it appears that an MSE abutment, in combination with retaining wall replacements along the existing bike path in this area, will be a viable and economic alternative. The ~: December 2003 -13- 033-2125 portion of the MSE wall supporting the bridge footing must be designed to accommodate the _ significant surcharge loads applied by the footing. Elements of the this design will include higher strength, closer spaced, and longer earth reinforcing elements; as well as more stringent compaction _ criteria or select granular fill. Also, it should be recognized that differential settlement is likely, between the two abutments, since one involves deep foundation on rock, and the other does not. Based on our experience, .and analyses conducted on other projects, we expect that 1 to 2 inches of differential settlement are possible. We expect to provide afollow-up proposal to VRDC to add design of walls for the bike path and abutment.in this location to our design scope of work for this project. Approach Fills The discussion presented in Section 5.1 is applicable to the approach fills for the proposed bridge. Special attention should be given to compaction of approach fills if the bridge does not also rest on fill, but uses a foundation type bearing on bedrock. If project performance criteria includes smooth transitions from apporoach fills to the bridge structure for vehicular traffic, compaction of the approach fill to 98 to 100% standard proctor maximum density to reduce settlement on the bridge approach could be considered. However, if use of this road is limited to snow cats and snow mobiles, this is not necessary, in our opinion, as these vehicles only use the road and bridge when there is substantive snow cover, which would most likely mask the affects of any minor differential settlement. 5.5 Future Geotechnical Work In accordance with Vail Resorts' direction, we are prepared to proceed with retaining wall design. We are available as needed to meet with other designers regarding this report and the project. Quality assurance testing of fill soils, pavement materials, and concrete will be required. Qualified inspection of embankment construction, excavations, cuts, foundation installation, and retaining wall construction is also recommended. ~:, F {CY' ~M :. h~`-'`. ~'~~~' innv»w~nenrnnemm~zo i?5 (wni ngl50.DOC Golder Associates December 2003 -14- 033-2125 6.0 CLOSING Golder appreciates the opportunity to work, with VRDC and we trust that this report for the forest road snowcat bypass meets your current needs. Please feel free to contact the undersigned if you have any questions. GOLa.7,ER AS \\~\~~~~~\\~~It~lnnr-nb'j~ii ~~ Q~.O~Ef~~;% -., ~ ~.~~ , ~r+.•c Francis E. Harriso , , ~ ~ r~ :~Y: ~% Associate _ ~ ~ ` ~ 77 ~~° ~. •'''" . fir,, ~e.o .••`_ ~ ~`~~ Ill i l l!lilS~ti~,~\\\ , John A. Chapman, P.E Project Engineer ~ 03/02/2004 15:50 3033219055 CANNON OFFICES Attachment: E Sue McCan Cannon 455 Sherman Street 8A68 p~ruvER, COLORADO 80203 TELEPHONE 303/321-7012 February 26, 2004 Town of Vail Design Review Board 7S South Frontage Road West Vail, Colo. $],657 Deaz Sir/Madam: My late husband and X purchased the home on 6l6 Forest Road in 1968. At the time it was one of thiee houses on the road. I,ionshead did not exist, and we loved the silence axad the serenity of the area. There have been a lot of changes to the area since then but the one constant is that my George and I understood how important skiing is to Vail. When Vail ,Associates :first wanted to use our road for. snow operations, my husband met with other neighbors to allow the use rather than take the cozxapany a~ad Town to court. He was a man of great integrity and wanted to do what was best for the people in Vail. Since that tine, West Forest Road has, at times, become a Panzer division of snow cats. But, we never regretted our stand on the issue. We knew that Vail needed the snow cats. As early residents of this great town we did our part. Now, my understanding is that there's ark enormous renaissance planned for Lionshead, and coupled with the new shops, and buildings is a proposal to move the snow cat operation away from our ztei.ghborhood where very few if any people would see it - at no cost to the Town of Vail. I ask you to allow Vail Resorts to proceed with this e~adeavor, if nothing else, as a thaz~lc you to those of us on West Forest Road who choose to live with the operation for the good of the commwaity. Sincerely, . _j~~ ~ .~ ~"' Sue M. Cannvx~ CC: Vail Department of Community Development Attention: Bill Gibson 111 South Frontage Road West Vail, Colo. $1657 Mr. Jack Flunn ', Vail Resorts, Inc. POSt Off1Ge BOX 7 Vall., Colo. $1657 Attachment: F THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with Section 12-3-6 of the Municipal Code of the Town of Vail on March 8, 2004, at 2:00 P.M. in the Town of Vail Municipal Building. In consideration of: A request for final review of a variance from Section 12-6H-6, Setbacks, Section 12-6H-10: Landscaping and Site Development, and Section 12-6H-11: Parking and Loading Vail Town Code, to allow for a residential addition, located at 303 Gore Creek Drive/Lot 7, Block 5, Vail Village 15' Filing, and setting forth details in regard thereto. Applicant: Ron Hughes, represented by Shepherd Resources, Inca Planner: Bill Gibson A request for final review of a variance from Section 12-6D-6, Setbacks, Vail Town Code, to allow for A residential addition, located at 2434 Chamonix Lane/Lot 11, Block B, Vail das Schone Filing 1, and setting forth details in regard thereto. Applicant: Mark Yare, represented by VAg, Inc. Planner: Bill Gibson A request for final review of a variance from Section 12-6H-6, Setbacks, Section 12-6H-9, site coverage, and Section 12-6H-10: Landscaping and Site Development Vail Town Code, to allow for A residential addition, located at 303 Gore Creek Drive/Lot 8, Block 5, Vail Village 15' Filing, and setting forth details in regard thereto. Applicant: Erickson Shirley, represented by K.H. Webb Architects P.C. Planner: Bill Gibson A request for final review of a variance from Chapter 14-6, Grading Standards, Vail Town Code, to allow for retaining walls in excess of six (6) feet in height, located at Tract K, Glen Lyon Subdivision and Unplatted Parcels, a more complete metes and bounds description is available at the Community Development Departement and setting forth details in regard thereto. Applicant: Vail Resorts Development, represented by Braun and Associates Planner: Bill Gibson A request for a recommendation to the Vail Town Council for a text amendment to Section 12- 7H-3, Permitted and Conditional Uses; First Floor or Street Level and Section 12-71-3, Permitted and Conditional Uses; First Floor and Street Level, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for temporary real estate sales offices on the first floor or street level of a building, in the Lionshead I & 2, Mixed Use zone district, and setting forth details in regard thereto. Applicant: Vail Resorts Development Company, represented by Braun and Associates Planner: George Ruther A request for final review of a variance from Section CC1,12-7B-15, Site Coverage, Vail Town Code, to allow for additional site coverage, located at 230 Bridge Street/Lot B, Block 5-C, Vail Village 1S' Filing, and setting forth details in regard thereto. Applicant: Rodney E. Slifer The applications and information about the .proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 479-2138 for information. Sign language interpretation available upon request with 24-hour notification. Please call 479- 2356, Telephone for the Hearing Impaired, for information. This notice published in the Vail Daily on February 20, 2004. Vail Resorts Sno~~~cat Access Adjacent Property U«-Hers List September 2003 TOWN OF VAIL 75 SOUTH FRONTAGE ROAD VAIL, CO 81657 ADAM, NANCY SHAPIRO 4975 E PRESERVE GREENWOOD VILLAGE, CO 80124 J SMITH, JUSTII~TE H. 43 SOUTH SHORE CT HILTON HEAD ISLAND, SC 29928 G. LOVEN LLC 934 S FRONTAGE RD VAIL, CO 81657 VAIL CORP PO BOX 7 VAIL, CO 81658 WESTHAVEN REALTY LLC 1127 LAKE AVE GREENWICH, CT 06831 GLEN LYON OFFICE BUILDING C/O ANDREW D. NORRIS l 000 S FRONTAGE RD W STE 200 VAIL, CO 81657 U.S. DEPARTMENT OF AGRICULTURE FOREST SERVLCE 24747 U. S. HIGH WAY 24 MINTURN, CO 81645 PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING Monday, March 8, 2004 PROJECT ORIENTATION -Community Development Dept. PUBLIC WELCOME 12:00 pm MEMBERS PRESENT John Schofield Erickson Shirley Chas Bernhardt Rollie Kjesbo Doug Cahill George Lamb MEMBERS ABSENT Gary Hartman Site Visits 1. Slifer - 230 Bridge Street 2. Hughes - 303 Gore Creek Drive, #7 3. Shirley - 303 Gore Creek Drive, #8 4. Yare - 2434 Chamonix Lane 5. Vail Resorts Development Company'-Tract K, Glen Lyon Driver: George Public Hearing -Town Council Chambers 2:00 pm 5. A request for final review of a variance from Title 14, Development Standards Handbook, Vail Town Code, to allow for retaining walls in excess of six (6) feet in height, located at Tract K, Glen Lyon Subdivision and Unplatted Parcels, a more complete legal description is on file at the Community Development Department, setting forth details in regard thereto. Applicant: Vail Resorts Development Company, represented by Braun Associates, Inc. Planner: Bill Gibson MOTION: Kjesbo SECOND: Lamb VOTE: 6-0 APPROVED WITH CONDITIONS: 1. This variance request approval shall be contingent upon the applicant receiving Town of Vail design review approval of the associated design review application. Prior to the issuance of grading permits, the applicant shall enter into a lease, license, or easement agreement with the Town of Vail for the use of Town property. Prior to the issuance of a grading permit, the applicant shall prepare construction staging plan for review and approval by the Town of Vail. 4. Prior to the issuance of a grading permit, the applicant shall survey and then install all limits of disturbance fencing and all erosion control methods for review and approval by the Town of Vail. 5. The applicant shall properly maintain the limits of disturbance fencing and erosion control methods throughout the construction of this proposal. Any modification to the location or configuration of the limits of disturbance area shall require review and approval by the Town of Vail. 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' -n:7] o~~~~:' --_ i^' -.~L~IT OFDI9TUR9 .`~ - ` \ ~ _ ~ _ \~`~-_. Y \ `'_ _~ -~ __ `S"-_~-`-`~~~ .._ -' ~~ / q ~~ ., f i` •~ (REFER TO CIVIL }'L.ANSJI ~u ~ ~~~~- ~: _l \ ~ ~ ;~~ ~ ~ _ ~~ \ _ ni:~~ ~ 2~<,~s~-. CE \ ~ ~ ~ =~=-~ ~_.~~ , T ' rte- + ~_..\ ~__~__ _._ `\ ` . LIMIT O bISM;BAI7GE~.` 1C`+\ ~~= _ ~` '.~`. ~ ~i~'iF~>~~ ~ __ .._. ~• ,\ / _` ~`-+.._\` ~\\ ~'• .. '~' (REFER TO CIVIL CU4~) _ ~`~WF\~ ~ ++'_ ~ __RPPER~O 9NOediAKi. ~ ~ .' ... ^.~ t11_ LAN FO{3~.__ ._ I ~i ,a,-~ :AV ~. ~~ -.! jt.i• ~\\\~~ •, ~` = ,- \ \ ~\~ \ ~`-_1QDKIDN7CL PLA_ATIN59~ •~ `~~:~ ~ -~~ ;~;-_---- - -- "" _~ `, _, . ~,. ' LEGEND \~~` ;: ~ _` ~ --~ '; . ``-=~-- -_~- '",_ i `h ~ -~__~ :~~ 1' : e.+d oocle+w. O nopo.ea \,p.n ...V'. \ \ ~\ `__---_,\ ".\\I o RESE[D ALL D19TURBED AREAS s E+M E, 13'w1 919 y \ \ ~ ~\ %::+r ~ '„'1 "4°e° • Y9iM NATIVE 6RA55 9EED AND p/`~/~' ~! 1~• 3' w1618 `~-1~' ~= '` ., \~-_-~~~• ~ ~~ ~ ~ 1 INSTALL AN ER0910N CONTROL BLANKET ' ' - `'- 'iy~ '+ ~y11r•a / . REFER TO SPEUFIGAT10N9 h ' ~___`- ~ Rcpofed D.vylef Fi~ Prapmed Ledgep°b P1ro ' '--__"- '~` +~'!~ ~-'~ j~ ;(- •' Prop°fed• C~ Fropmcd 5arvketdry ~ .~ -~:aa •-~ _ - _ ~~ s ` _- - -- 4~ q9 !'•Le I . 70• ~N - - /,%" .. ...:..... ....... yy - GENE(~.~AL NOTES 1. HoriZOnlal a d vertical tu>e Inlormotlan prevlded by Alpine ~En9heorhg. Gontracter shall verily exl>eh~-g condition>prlor to Iinol hatallatlon. shoilafieia-vo~liy a+i;~ gg yirS Cal ~nliilate a,e ccntllitions; ndo noili~ r tha Lantlxcapp Architect o1 y dl>cre~ rclas betora startingq ark, prior to h,tallatlan. khg mcdlFleatloro o> directed o L dscape Archlla ct. Gdntree[ar will be regv+ed to templets the rk of thl_ pro act according to she proposed Mawl.^g , Ga...Il> d caeclFlcatlana. If Ilicta Isa In :ho Ilnld, contact Land~cop~ 4ehltact !ar lotion. Gentrpetar shall lake rs>panalblilty Ior y costs hearted due to dosage of sold vtllltle>. 3. moo Orowings do Woe > cif solely materials or a nt, mothod, or sco~oncing ea proeecP or~em and property, li aghu n be tea ea trot taro ele rers~pen>Prlty to direct ma Implement -afeey psranena the pv' Ilc do ~hy~. ,tect [h5 owner, Lo'dscape rYChlte[t, fvbcontrocton, 4. II confllctaaarbe be[waen lilt of area> and plans, Contractor Is to centoet Land>ccpe .-4chitact for asolvtlon Fallu-n to mate a h conlllcts knenn Cu the Landxope Archltac[ rvlll resale h Gontractor'> Ila6lll[y to rolocale the matardls. 5. O no! Illlvlly p o,: ed Will, on truatlon - doalgned wHnn It la cWlovs :het ~nW=own Eb,iruc°tlana and`ior'g-< ea dliiaranca_ I>t that may n,t have be'ri Mown during do,Ian h corGitlona hall ~be Immedlatal~{{ travmht a the attention f tTie Land>cape Architect. The Gontrae ter hall e fun re>pcro4olll:y tar all no_esel'ty taut>IOns duo to /allure to ~9lve soon Wall/Italian. PL,4NTING MOTES I. Location of all tre e> shall to staked by the Contractor and approved by the Landacpe Mchltec 7. Pion[ wmes era abbrovlated on the drawings. See plant II>t for key and clmslllcatlon. _. Verily Iocatlone o/ all pertinent e.bting alto Improvements and vtllltle> already Installed prior ncing planting work. If any part of !hA plan eamot be falbwcd duo :a s~Le conddlons, orrtaci ine Landscape Architect for In>trvctloro prier Co cemmencing Work ' 4. ~ Plant qumtltlea aymbollcalty >hawn on pion take precedence o• er written Inalrvetlona. _. Align and equally space h all dbectlona >hrvba and perennials per these notes and draninga. 6. It Is eha Gontroetor'e responeblllty to Fvrnlah plant material free o/ pests or plant dheases. Pre-•elec!ed ar 'Logged' material must be Inspected by tha Gontroctor and cortiflsd peat and disease Free. It la :he Goneractor', obigotbn to warranty all plan! materials per the epeclllcatlona. - ~. One thud t33%/ el the Aspen treas. shall bo multi-stem, rarer to spec>. b. GonVOCtcr eAan be re>pen,rola tar «,y eaerdhatlen with >~bcantrdat:er, ~ ~ L~EGE h~l r n or other General Gontroctoro as roau~rad to n<.ornpllsh corotrvctlon opera!lana. 1. 8. Refer to trrlgatlon d.-awing> tar requlrod Irrlgotlon Jereang. The locatlen of /eaWrs> to bn t ct t / • `:~ ,~<: '~+ ~ O a'0ts'> la FY • ~ ~ Frw ,cd Cs -}- Fropcse0 Wdgapoie Pwa . cons rv od ea a I lcoll dYn >ICned P y ma t' ba aatermined b _ale. It conlllc[> al,e 4, Ile ld contact the butlrg v:cimw, r ~~.iL' ;;~ hcpc,ad Mpcn r f sy g 3.~ ~ ,~ / A r , Lo d_ a Architect ~or reaolutbn. c ,j ,. ASFeH SIZWG ~ a.. Refer to Give dronhga Ior additional h{crmatlon. \\` ~'. ~ 39' cal BtB ~ ` ~ O ^ra ms r 0 `ernceber 10 Cimcnelon> d l I - =~~~ - EebtYg E.ergean ` Prop>,ed `;?nxe T p y . c n agur [ ons of con trvc lion I e Isting a nditlon> based on the be>! li bl I f ~l Th _ 1 ~ ~" . 3' cal BIB yt L~ h ,ed WLHO Qo>s °po a e n erma on. e Ccntroctcr shall 11~I II e..l>ung ondi[iens oiler to wder!n looricotlna J!h-rwl-e In vrrln t~rortd; ' I\ ~l comptetlon'or shop drowln:~~r now. ~ < g eon s, II. Fmished cq]rad_n> shall provide for n tvrel o{I {water Ithout law Tpot> a kcE•. ^ot..iaw Ilnae ecurotal o• vide ~ ir.4nr.+n .o and Imum 'C a arodlent ante s> atM.rrvlse r ~ P _Itlve drahugqe >holl ccu a.°oy from tvlletl.',gs and improve ant>. `lotllu the Lond>cope McFltect of anyr . dlscrepanaes barorem>tartlr,~ wc~k. I7. Held Ilnl>hed or des j[eo of mulch,) icr ,hrtba and grcvndcover are > I' 1~ 1 !claw tap of 'od)acent pavement>, curb>, header> lea, alherrvbe noted cm the drawing, ~ .. aa.ce •,a.. ~,- I>. c-radually r d Flt sand tc > el aLpe> to eprodvice >moath and natural ` ~ ~/'-°t•~ o-~c «f: Je.•rr ow appanro,g t~onsiilcn tetween reiotroeiy level a m and elocae. .. 1 ~,I„«„n ,E„>,acsN' I4, RevQ arada >holl be revlewad and acccpWd ty eha GIV11 errglneer ~ kei~r~~%~ prl eo ,all preparaeien ooeratien>. ~.` _ ..LL---~av.,»µo s..ave-e. ,.c<> IS. Rafer to the Pro)ac! `tgnvol for technical >pecif Italians, details, and ~ / wndlllon> gayer .Ing thy nark. A .'` ZC' ((`/~~' m _ t..ea c+ m ~rea> 16. Ail onglca .ore 90 dac c nle sa noted otherwise. ~1 ~s r //~, r.•„rr wn+ ~- - n. Fhl:hod ,3-odes Indo.~ + ~: r tap>on m Burr. ~ ~ ~U~' n ~-L+~_L1~..,...,,-,tacos. ~y~;~III-7I III"-11=`III={IKIIl=2 ~a..<.ra .,.ecru ~ILm~r- u - ~. .- ,a,..,.ae ' I E~/ERGREEN TREE E! ANiIN6 DETAIL L`-'.• Nis VYy,","~ I IP nh•nj~trv- u I`"' PLANT LIST arr. eorAiACAL twHE co,o+art NAME sl.e UNIr r+7res rneFs t m r,.e wwr, tesom w rn,. c.,,oelal..m r,., t•asP-u n., cn.ypeu I'u eye come rw,rtwoe lotto a nvr ewiwb W,ab .txtyper. rv,layel•N n.. n ne C! rrw6-I..p rnvu n. cu,gra ern0 a, heMSltxp Harzea n, ee9^r erne w .rte ...ge H.,~r.r r,. »,~,. vKer> ae nsa:r..y twee n, ».qa. Ir r ne n n.e tit'.. cam. tprs , a em rcr r'9'n r~r.w'i^•• e•n era e r,~r^^r+ o~fvn• ran re n ^r., ry.e ode., ».-~ n r. em u raw, s...mu.. rr.. .e r Sft~3 r wua.b rr.,.ey.t fo,uar ,3er.• s s,:.,.a,l It,,.,rus. nxsro fyl.ea \ / __-tie.e n.,.,.nu.N;e,van rca a...n.;l~ xe.rna ~I'Ik'~~ .;7~~-- lI - (~~.~~,~t~ l -I ~"~-"~'` k`I I I- r~~liT _~';; ~IL- ~ Mail=n 1 =~ IIIII ill~l I~~~HI~ ~ rt.,. „. re, roc, I I I I II-il l 11_11 I I I1-111 III_II 1if- _~ j~~ j -~ ~s ~ ~ LL ,~, % DE TREE PL/WTING CL"TAIL ~ 3 Sf'E`UB PLANTING L7E fAl_ --?: NTS `~~- NT5 TEItRASi U] i Q. m U In J ~J11 Q f- U :LWI 3'~t ~ I pi ?L ~ W<(C o ~: ~ Q W_ Ulf 1W: Q (Jl f- l (n C ~ J` 'IO LL J~I~£ ~ ~ ~ 4 5s"~3 SHEET I..-? TERRI ,k2w f-' ~ U~ Q JI ~ c(' ~I ~ I e99 ~' 1 j Z~ ®9 Y `~ ~ Q w. ~ _. 3 ~' Obi z_ (7J J LEGEND Praposed Eprvice (Ht In FtJ O Propased Aspen (3' calf O Proposed Aspen (2.5' call Praposed .4==pen (:' call O Prcposed Alder ~! Prcpcsed Redtwl9 Go~wood !:aol.l L'~ Praposed Patentl!la (5 gaU (7 Proposed 6eob's NGllow r ga11 O Praposed Coyote Wil!ew (5 ~aal.l ~~ t,,,r Proocced Rocky M:n. IHiI4;w i5 ?al,l Q Praxsed Chokecherry, Native f6 yaU "L~\N I LI`.~i Oty. ~ wtanlcal Name Gomrron Name Noes ~ ~EEDI N(_7 NnTE~ MEE$ OI Pkea 0n5 Pvn9 GDlorodn .. UGe `Fr I6'ht.6t6 !~FESC£D IS'?LLNS GA.YC D.? ' 1.1' ht. 6f B - %Y i11 RIP.4FIAH SEED .41R OI 12' ht. BSB ~ :. FcsEfo HL viNE,a:ISnu¢eEo O1 la ht. ef6 AFEAe NTN XAT/E 'f ED H.~ ~I Oy Pa VIVS tfemvlUlde3 L }~' hF~ 6f B " 3. AFA T NAtiYE YED "Ix .{T TrF rU1E aF p . pen 3 CJI F=6 65 PLi/AGFE.~$FEGFL',AiIC'IG 07 :.5' cal 6S6 O' ~" cal BL 6 s. sEEOUa SNALL SE APftIEp er rrcDama~cwu Ob Alms teroiolia YninleaF Alder 6f g 6' h[ WST.{LL `_FDSIaN CCNiFLL cZATXEi GI ALL 54RU65 . SEECED {PEAS. !5 iafNS ierG:eO RCatWil) rJ.J9Ylaad 5 val. S. REFEF i0 GaC51Ox CONTROL PL,W {~p! A1 YDRE I!~F11 ^ 01 ?atentllla Iruitocoso Potentllla 5 aal. . ID FE91.0FEi'ERT 05 `V711x bcl~lona Eebb's Willow J 9a1. D. 'FFING SEEDING :NAIL OCafif 6E'/tE11 AFFIL IS {\9 O$ :alix exc)uia Gcyote Wlllcw 5 val. 1~E Is. rv.L sr-Dns wAL~ cccL~ zercLx 01 $olix mcxdlcola Rocky Mtn. YSllew 5 aql ~ xanr is AW OCr see ls. 02 Prurvs vPyln!orna t,F~atecnerry, Natl•ie 5 val. W_11~0 I 'A it ~~ 3 ~ a / !G~I.~~ • 2~ C .J /~N ~ -.,~ ®i Sr CC ®/ ~ - I .~. .. - - 4 _ _ _ .t .,. .... .. .. ...... .. ~.. v - a f . .: ~ .. -....'P'TT'' ...... ... .. .. ..... ....r .. ..... ... .... v• ~._. ... s.. ....~__ _.... e a ... .... .. .. .x :: ~"' Y C-~ENE~~L NCaTES I. Horizontal and ver!ICaI base Informaticn provided by Alp lne~ Enq ine aring. contractor shall verify exl]ting condiuonsprior co IInaI Installotfon. I ,.. The extent of axi]tlnq undergqround utilltles Is not known. Gentractor ll fi h ld f ~ ~ ee Ease am,r, a•xi-Ia + ! ' a -veri ] e y exls^ cc~F grcrdes, utilltles and condlt{ons, and Notify the Landsca e :Archltac~E of an dts l r b f t ti k i t I t ll ti I rLewcenoN wsave wsu ~ Eaass saow+er. eACH ewv p aponc c es e ore s ar ngq ar , pr er ns o a a on, making modlr lcatioM os direct~d b Landscape Architect "dntrac[or ~ evr c.>rea rea sacs ^ y . will be required to Gompfete the ark of thl pro leer occcrdin to the ~ _ g proposed drawings, details and ]peclFicotiens. IF conflicts arise In the ~ ~aiNS re.a srecs ~ xnna nNO .r ell, contact Landscape Architect for resolution. Gentractor shall Coke re spon]ibillty For any costs Incurred due to damage of ]aid vtlllges. ~ ~/~ 3. These drawings do not specify safety materials or equlpmsn4 method] ~ •~.~ - ~'S~"' = ru.ea Ha~LCN, xe epees. ~- ar seavencing ko pro!ec. ^crsons and property. It ]hall be the contrpctor's sots respcnsCblllty to direct and Implement rofetyy operations and rocedures to rotect the Cwn r La d A hit t i b t t ~ i \ /~-s• r.+rea luxe / se.+s / sa-Hs p p , n e scape rc , u can ec rac oro, the public and others. ~ - ~~ •~~ h--- ~I [~rr,ar rear rea sreca k, U ~~~+ 4, If conflict] OrISe beCWCen ]ILe OF Or'ea] Ond Ian], GOrltfaGEOf 1] t0 p t L ~ ` ~ ~Yti- ~ ~ '}'• ~ =T contac andxope Architect for resolution. Fapvra !o make such conflicts i:norvn to the Landscape Architect well result In Gcntractor's Ooblllty i C l t h te l ~ ~ ~ 111, III=III-III~I I-~ Go.-.crzv e.cvu ~= o re oca e ma r e C a s. I~ (I = I-I I I_Ili= I I 5. Co net willfully proceed with ecnetructbn os designed rvhen it 15 obvious ~ - Nvrz. wsuu cao.w r reo,e that unknown obstrvcgons and/or ode differ ences axl]t Chot may net ~ ~ ec La~oee waanmolw rlNlw sa..ve have been known during design. Such condl!mns -hall be Immediately b ht t th tt ht f A roug o e a e lon o [hc Landscapes rchitect. fie Gentracter ]hall assume lull responsrointy far all noacseory revislens due to Failure to give T EVERGREEN TREE PLANTING DETAIL such notulGaaon. 6. Gentractor shall be resporolble for any coordination with subcontractors ~L ~? NTS ' or other General Gontr attars as regvlrod to acccmpllsh Gonetruc lion opera[lons. 1. Refer to Irrigation drawings For required Irrigation sic cuing. , 8. Tl,s location of foatures W be constrveted net spaGlflcally dimenslened ,ay be determined^y stole. If conflicts arise In lead, con[OCt the Landscopo Architect for resolution. 9. Refer !o Architectural drawings for Laycut and tJimernloro. IC- ^Imcn]Ian] and aonfigvratlan] OF GOn]tructlan CF existing COndltiOnE are bP]ad an t'ne best avallabie InFOrmatlGn. 1,e Gontr actor •holl erln.I all e.xl]ting conditiens prbr to ordering, robricoting; atherwi]e incvrriny costs, oRW'or complotlon of shop drawing review. II. Finished eqLroles shall proNda far natural runoff of rvater without IoW spots SC, gratll0nt unie is athEr ae uctedy Po Plv-r tiro ncgqninLShaIhOGGUr awayr Fram building] anti imprevernanb. "Notify rho Landscape Architect of cn,y dlsuepancle] before starting work. I_. Hold finished g odes (top of mulch! Por sh ~bs and greundcaver areas I' bolow Cap of _djocent pavements, curbs, heodsrs mess otherrvlse noted on the drawings N~ol]Nae C 9•CrJ~LI 13. 5raduoll ound . if to aid toss of sla to 0° solL cppaarln~r[ron5igcn between relatively level prLa] Gnd slopee [h and natural 14. Rough grade shop be reviewed and accepted by the Givll Engineer - ' ~• urea ~ ~ eA~ N•_re -Pee _ row rare. ~ s. ._ +LL ~aaw+c rlr, u~wve ..r pro ~.LrrcN.NCe rea~ov c E+CNPILL rrt wiH PLANnNe~ prior Go call preparation eparoHcns. - ---"-~-~-~~~ Ifi. Refer to the Pro)ect r-lanuol for technical speuficatlons, dstous, and '3~ St'IP.UB PLANTING DETAIL tondl!icns goverNng this work. 2/ NTfJ Ib. All angles ore 90 degrees unless noted othsrwlsa. ' o ~, Harz. nnrru ror or ao,ro+u • r.e. = a nn4;H TOOA QI1V. SR4 rs e. rrLOH ].,u. r~raxe rea ]revs INe .rs:oa sr.Knu rea srecs. rtee'] LNEL wOarJAr EEIOnE fa !la]T PFAIKNES. rue wau r_a srecs r urea rucn r_e ]recs. r wru arHs n.+N. w,r rea srec] ..o~.v,.crzv exwPnL ca umranuev srnL /~_DEGIDUOU5 TREE PLANTING DETAIL ~\L_zJ NTS G F'L~>NTIN~ NOTE 1. Location of all tress shall be stored by .ha contractor end approved by the Landxpa Mchltact _. Exoc[ placsment anti shape of planting, beds shall ba rovlewed bb~r~ [he Landsccpe Architect prior fA Installation of irNgaGOn spray Heads. Shrubs in their pot3 shall bo placed far r'evlsw 3. Plant Homes Gra obbreVlG!ed On the drawings. See plant It]t for key and Glq]]IFIGOCIOn. 4. Fefer to Pro)ect Monval for technical sectlcro, de [ails, anti conditicns garerning thi].work.. 5. VarlFy locations of all pertinent existing sit. improvements and utilltles alreadyy installed p for to ccmmenung pwnting work. If any Dart aF [his plan cannot 'oa lollowed due Co site conditions, contact the Landscape..-Y•chitect cr I/I]!rVGa011] prior to commonUn,3 work. b. Pion[ gvonCRles symbolically shown on plan take precedence over written Ins truuions. T. Align and oquolly space In all directions shrubs and perenNGls par these notes and drowmgs. B. Trees. not In shrub beds shall hays a mulcf+ed watering ring. See planting details. 9. IC Is the Gentroctor's respponslL-Ility to furnish plant material free of pests or plant diseases. °re-selected or 'tagqged' malarial must~be in_pscted by [he Gontroctor and cartlF lad pest anti diseax Free. IE Te the Gantractorb abligaticn [a warranty all plant materials per [he speclllcatbns. , ~ - /;, ~ ` ~ - 1 I l z) ~ - ~ ~ P ~ ;y ~ f r j!~ E ~ ~~~ ~ ~ ! ~~ b7r ~ _ r ~ } ~f1 i e 1 ; ~ i a _ L r , ~~ ., . 1 ~ _. ii ~ h (, - f '~ ~~ ~ ~ ~.. - - i ~- ~ ~I~7 Y,h } ~ I ` t ~ ,~ i - ~ ~ y / ' '_ C _ ; I I - , _ \` 1, , ~, `i , ~ .. ~.r+•~ , 1, F 1 . r ~ ~ •~ l,P~ r, t ~ Ii t '~f: t ~-_ ; r ~. V 1 ~ . `1 w ' ~ i. ~' 1 f ~ t ~ ~ } / ~ ~N 1 Y l a~Y ~~E ~k,1h 1 f~ 6 ' ~, ( S ` ~ -'l r~ t f ,. _ 7~ ~ ~ ~ ~~2 ~ i t ~ ! 1 I l I > > ti 4 1 r _ [ ~ ~ ~~ ~~~ r ~ + ' ' - - ~ , . i .: ~~ , ~ ~ ~~ r a ~ ~ t ;~ y .,: r ~ ' it ~ ~ ~ i~~ s ti ~, ~' _ 1 - 1~~ y ~, r ___ __ ,.. to _- _ ~~ r ~~a "~'~ ~"~'~'~~ ~z.;~zr~i~~ .. _ ~,~ . . ~-~- . _: - ,. Y' n t~D v '~ ~, THIS ITEiVi IViAY EFFECT-YOUR PROPERTY ~ • ~y~ PUBLIC NOTICE ~ NOTICE IS HEREBY GIVEN that the Town Council of the Town of Vail will hold a public hearing in accordance with Section 12-3-3, Vail Town Code, on Tuesday, April 6, 2004 at 6:00 PIVi in the Town of Vail Municipal Building, in consideration of: ITEfVI/TOPIC: An appeal of the Town of Vail Planning and Environmental Commission approval of a request for a variance from Chapter 14-6, Grading Standards, Vail Town Code, to allow for retaining walls in excess of six (6) feet in height, located at Tract K, Glen Lyon Subdivision and Unplatted Parcels, a more complete metes and bounds description is available at the Community Development Department and setting forth details in regard thereto. Appellant: Vail Resorts Development, represented by Braun and Associates Planner: Bill Gibson The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office located at the Town of Vail Community Development Department, 75 South Frontage Road. Sign language interpretation available upon request with 24 hour notification. Please call 479-2114 voice or 479-2356 TDD for information. Community Development Department Published March 19, 2004, in the Vail Daily. Attachment: E Vail 12esorts Sno~~~cat.4ccess Adjacent Property Uti~~ners List Scpi:ember 2003 TOWN OP VAIL 75 SOUTH FRONTAGE ROAD ' VAIL, CO 81657 ADAM, NANCY SHAPIRO 4975 E PRESERVE GREENWOOD VILLAGE, CO 80124 SMITH, 7USTII~TE H. 43 SOUTH SHORE CT HILTON HEAD ISLAND, SC 29928 G. LOVEN LLC 9 34 S FRONTAGE RD VAIL, CO 81657 J VAIL CORP PO BOX 7 VAIL, CO 81658 WLSTHAVEN REALTY LLC 1127 LAKE AVE GREENWICH, CT 06831 GLEN LYON OFFICE BUILDING C/O AI\rDREW D. NORRIS 1000 S FRONTAGE RD W STE 200 VAIL, CO 81657 U.S. DEPARTMENT OF AGRICULTURE FOREST SERVLCE 24747 U. S. HIG]-I WAY 24 MINTURN, CO 8 ] 645 J ORDINANCE NO. ~ 1 Series of 2004 AN ORDINANCE VACATING A CERTAIN PART OF THE SYSTEII~ OF PUBLIC WAYS OF THE TOWN OF VAIL, COLORADO, I.E., A SUBTERRANEAN PORTION OF HANSON RANCH ROAD CONTIGUOUS TO LOT P-3, ACCORDING TO THE SUBDIVISION PLAT ENTITLED "LOT P-3, VAIL VILLAGE FIFTH FILING", AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, acting through its applicable departments and agencies, including the Director of Public Works and the Director of Community Development, have found and determined that the public use, convenience and necessity no longer require within its system of public ways that certain subterranean portion of public right-of-way legally described as athree-dimensional area or space on Exhibit A attached hereto and incorporated herein by this reference (the "Vacated Way°), which Vacated Way constitutes a portion of Hanson Ranch Road contiguous to Lot P-3, according to the subdivision plat entitled "Lot P-3, Vail Village Fifth Filing," and recorded March 17, 2004, at Reception No. 871030 ("Lot P-3"); and WHEREAS, the Town of Vail's vacation of the Vacated Way is necessary to accommodate subterranean garage facilities that Vail Associates Holdings, Ltd. ("Vail Holdings"), as the owner of Lot P-3, is constructing as part of a real estate development project on Lot P-3 (the "Project"), which subterranean garage facilities will extend into the Vacated Way; but for the vacation of the Vacated Way (title to which will vest in Vail Holdings as the adjoining owner), Vail Holdings could not proceed with the development of the Project; and WHEREAS, in order to appropriately confine the use of the Vacated Way to the Project, the Town of Vail will retain a right of entry into the Vacated Way if its use in connection with the Project ceases, which right of entry shall be in accordance with and subject to the applicable terms of a bargain and sale deed to be executed and delivered by the Town to Vail Holdings (with Vail Holdings' joinder), and confirming the vesting of title to the Vacated Way in Vail Holdings (hereinafter the "Vacation Deed"); and WHEREAS, the Vacation Deed will further contain provisions governing the mutual use and enjoyment of the Vacated Way and the remainder of Hanson Ranch Road in certain respects; and WHEREAS, the Town of Vail gave and published proper and timely notice of the date and time of the public hearing for Town Council's consideration of the adoption of this Ordinance, and Town Council duly held and conducted such hearing in accordance with applicable laws. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO as follows: Section 1. The Vacated Way, as legally described as athree-dimensional parcel of real property on Exhibit A attached hereto, is hereby vacated by the Town of Vail, and no longer constitutes part of the system of public ways of the Town of Vail; provided, however, that this vacation shall be Ordinance No. 11, scrics of 2004 subject to the right of entry in favor of the Town of Vail and other terms that are to be set forth in the Vacation Deed. Section 2. In accordance with the laws of the State of Colorado, title to and ownership of the Vacated Way shall vest in Vail Holdings, which is the owner of the real properties abutting the Vacated Way. By way of confirmation of and without limiting the effect of the foregoing, the Town of Vail shall proceed to execute and deliver to Vail Holdings, with Vail Holdings' joinder, the Vacation Deed which, among other .things, shall evidence the vesting of title in the Vacated Way in Vail Holdings, and also reserve to the Town of Vail a right of entry under appropriate circumstances where the Vacated Way is not used or ceases to be used for the Project. Town Council hereby authorizes and directs the Town fyfanager, on behalf of the Town of Vail, to execute and deliver the Vacation Deed to Vail Holdings (with Vail Holdings' joinder) containing such terms and provisions as the Town Manager, after consultation with the Town Attorney, considers to be necessary or appropriate in furtherance of this Ordinance. Section 3. 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, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, clauses or phrases be declared invalid. Section 4. 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 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. Ordinance No. 11, Scrcis of 2004 2 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL, this 6th day of April, 2004. A public hearing on this ordinance shall be held at the regular meeting of the Town Council of the Town of Vail, Colorado, on the 20th day of April, 2004, in the Municipal Building of the Town of Vail. ATTEST: Lorelei Donaldson, Town Clerk Rodney Slifer, Mayor, INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL the 20th day of April, 2004. ATTEST: Lorelei Donaldson, Town Clerk Rodney Slifer, Mayor Ordinance No. 11, Sereis of 2004 EXHIBIT A 1L,eaa1 fl)escrintion A Parcel of land located in the Right-of--Way of Hanson Ranch Road, Vail Village, Fifth Filing, according to the Plat thereof recorded November 12, 1965, at Reception No. 102538 in the office of the Clerk and Recorder, County of Eagle, State of Colorado, being more particularly described as athree-dimensional area bounded by upper and lower surfaces whose perimeters are described below, and bounded on its sides by vertical surfaces connecting the perimeters of those upper and lower surfaces: For both the upper and lower surfaces, beginning at the Southeasterly corner of Lot P-3, according to the subdivision plat entitled "Lot P-3, Vail Village Fifth Filing" (recorded March 17, 2004, at Reception No. 871030), whence the Northeast corner of said Lot P-3 bears N 07°14'02" W a distance of 133.48 feet, which constitutes the Basis of Bearing for this legal description, and with elevations for this legal description being based on HARK station "Spraddle", having an elevation of 8287.82 feet (NAND 88); ' Lower Surface Boundary: Beginning at said Southeasterly Corner of said Lot P-3; thence along the Northerly Right-of- Way line of Hanson Ranch Road, said line being the Southerly boundary line of said Lot P-3, 32.76 feet along an Arc of a Curve to the right, having a Central Angle of 15°37'04", a Radius of 120.17 feet, a Chord which bears N 76°29'43'' W, 32.66 feet to a point on said Southerly boundary line of said Lot P-3; thence vertically downward to a point at an elevation of 8153.0 feet, being the True Point of Beainnin~ for the lower surface boundary; thence S 82°45'58" W a distance of 36.79 feet to a point at an elevation of 8153.0 feet; thence N 53°15'06" W a distance of 52.41 feet to a point at an elevation of 8153.0 feet; thence ascending vertically to a point at an elevation of 8155.0 feet; thence N 53°15'06" W a distance of 28.00 feet to a point at an elevation of 8155.0 feet; thence ascending vertically to a point at an elevation of 8156.5 feet; thence N 53°15'06" W a distance of 49.50 feet to a point at an elevation of 8156.5 feet; thence N 09°25'45" E a distance of 16.18 feet to a point at an elevation of 8156.5 feet; thence 41.34 feet along an Arc of anon-tangent Curve to the right having a Central Angle of 20°04'33", a Radius of 117.98 feet, a Chord which bears S 63°08'35" E a distance of 41.13 feet to a point at an elevation of 8156.5 feet; thence S 53°06' 19 E a distance of 16.42 feet to a point at an elevation of 8156.5 feet; thence downward vertically to a point at an elevation of 8155.0 feet; thence S 53°06' 19" E a distance of 28.00 feet to a point at an elevation of 8155.0 feet; thence downward vertically to a point at an elevation of 8153.0 feet; thence S 53°06' 19" E a distance of 46.58 feet to a point at an elevation of 8153.0 feet; thence 32.68 feet along an Arc of Curve to the left having a Central Angle of 15°34'52", a Radius of 120.17 feet, a Chord which bears S 60°53'45" E a distance of 32.58 feet to a point at an elevation of 8153.0 and the True Point of Beginning for the lower surface boundary. Upper Surface boundary: Beginning at said Southeasterly Corner of said Lot P-3; thence along the Northerly Right-of- Way line of Hanson Ranch Road said line being the Southerly boundary line of said Lot P-3, 32.76 feet along an Arc of a Curve to the right, having a Central Angle of 15°37'04", a Radius of 120.17 feet, a Chord which bears N 76°29'43" W, 32.66 feet to a point on said Southerly 613848.3 RCFlS1i 04/5/04 5:00 PM boundary line of said Lot P-3; thence vertically downward to a point at an elevation of 8191.0 feet, being the True Point of Be~innina for the upper surface boundary; thence S 82°45'58 W a distance of 36.79 feet to a point at an elevation of 8191.0 feet; thence downward vertically to a point at an elevation of 8190.0 feet; thence N 53°15'06" W a distance of 10.56 feet to a point at an elevation of 8189.9 feet; thence N 53°15'06" W a distance of 28.49 feet to a point at an elevation of 8189.9 feet; thence N 53°15'06" W a distance of 28.51 feet to a point at an elevation of 8188.2 feet; thence N 53°15'06'' W a distance of 62.35 feet to a point at an elevation of 8184.0 feet; thence N 09°25'45" W a distance of 16.18 feet to a point at an elevation of 8184.0 feet; thence 41.34 feet along an Arc of anon-tangent Curve to the right having a Central Angle of 20°04'33", a Radius of 117.98 feet, a Chord which bears S 63°08'35" E a distance of 41.13 feet to a point at an elevation of 8187.2 feet; thence S 53°06' 19 E a distance of 29.27 feet to a point at an elevation of 8189.5 feet; thence S 53°06'19 E a distance of 25.77 feet to a point at an elevation of 8189.4 feet; thence ascending vertically to a point at an elevation of 8190.4 feet; thence S 53°06' 19 E a distance of 35.96 feet to a point at an elevation of 8190.8 feet; thence 32.68 feet along ari Arc of Curve to the left having a Central Angle of 15°34'52", a Radius of 120.17 feet, a Chord which bears S 60°53'45" E a distance of 32.58 feet to a point at an elevation of 8191.0 and the True Point of Be~innin~ for the upper surface boundary. 613848.3 RCFI52i 04/5/04 5:00 PM 5 . ~~ P-3 ~el.otlt s-u) 1}08:E D 'P.FTSIONAL LoT LlE eREatEO er THS Pur ~ ~~. ~ ~ / \ `Y.4 ,tea tQ~y~~~~ ~•~ ~ Rp ~ UNE TABLE Lt~E LE?9CTF1 9EMINC L1 L2 16.18' N09'27'47"E CURVE T?HLE Q1RNL DELTA RADIUS LEN OTH TAN C3ETrf CHORD CV90FiD REMIND L7 C2 '17~7'O4" 120.17 J276' 18.48' 3Z.66~ N76Z9~43"W C3 1534'52' 110.17 3268' 18.44' 32.58' N6D53'45"W C4 I d EXHIBIT -LOT I o BELOIf SURFACE THREE ' • '~~ DIBIBNBIONAL PARCEL y d N f''I I v VILLA VALHALLA CONDOMINIUMS APART OF LOT j ~~ }.~ N @ODC 1I1 AT PA(f 816 0 8009! BLtI Ai PAff 41 YF.O.DI TP.OE. UPPER 6LRfAGE BOUNDARY SLdIJ` /"=9B' MDNITXENT LSCdND 7P.DH. ~ ~~ 7lq, a ABa~9 ~ AIA®f 6V I,PPER AJ'. Yq 11a® NO~i1RY D rouse noP um eAr rs', rq lean .~:_~,; .•e e.<n n~.wn sl~rm .evu+ar nr.. m... r nx~puo r,,+ as CERTIFIfaiE OF GEOiCATINI nNC• O'~}`JERSNIP ~~ ! .. ~ -- ~<T. ~ +ECt 5 - - - - -. J_ .R, ~~ --, ~~ ~; ~ ~ , - = ~u~ ~: $ITf'. ~ LOCATION "ee SLCl10N P. ' TOWNSHIP $ SOUTH RANGE 60 WE57, 6th P.M. ~ I-trtvirr erne sl~ir a mnrz.mo ) xai~+rr [•u[ )ss CLERK AND RECORDEk'S CERTR KATE . K ~ r .+i Rm ra xmw w ry I[Taa[o ~na~ •T~nM m 111LE GERTIEICATE PEANNING AND ENNROIJMENinE f,OMlll55!DN GERIIfICAIE ~ONINC ADME~iI>TRAiO~ ~ERJIFIC~TE~maw .u.as _o.~ GERRFIGn TE OF In NES PAID TOwN COUNOL CERNFICATE SURKYGR'S CER IIFICATE a rrt sr.~n v`c a,a~.'*w* n.s Veil s~.art~twcc um w[rt x[~[~w'.' v~v P~ELIMI(~~R~ SHF. b'T 1 of 3 FINAL PLAT PARKING THREE DI~LIENSIONAL SUBDIVISION, VAIL VILLAGE FIFTH FILING A Tt//>'l'L•' DIAIE!VSIONAL P,F.SLJBDIVLSION OF' I,OT P-3 AND A PURTIUN OF HANS'D!V PAA'CII RDAD P,ICHT-UF-TVA 3', VAIL. V"ILLAGL' FIF7'II FILING, TOFVN OF V9IL, CUUA'TY OF LAGLL, .S'TATE OF CULURADO FINAL PLAT PARKING THREE DIMENSIONAL SUDDIT'ISION, VAIL VILLAGE FIFTH FILING A TIIItEL' DLIIEN570NAL RL'SUI7DIVISIO;V OF I,OT P-3 AND A PORTION OF IIAA~SON RAA'CII ROAD RICIIT-UF'--YAY, VAIL VILLAGE F!F'TII FILIA'C, TOFYN OI VAIL, COUNT}' OF EACLL, S'I'ATL OF COLORADO ~ 1 ~_,, l - :1~- \ ~ r!~ ,\ W 4a:., . LUT I ~ •„p \ teas s-q rl O ° ~ t \ I ?Oa~ pC Vim; 2 ~\ _~- ~ ~ / Q COkE C rv.~~fK URIL,E. _5 +o.„; TRACT A ~ 1. -, C? an. rol / 1 i / ~ I ~~ ~ / ~/ -' _~ LOT K I \ o ' ~ or .~ vx.oo CB \, C l0T 2 T y ~ m VILLA VALHALLA ' a COWOOtAINIUMS ~\ / n \ a~ m ~ I A FART OF LOT j f / tic m m ~+a ~-~~ I . _ .~ti.~» • ~ `4 ~ nw rE.., a vcn .,i ~ ~ ~;~ atr>n .ars ~ / . ~~ ro =~,l,..F c b , SJYS~, r~g ~ 9~ M1 Q / / % ~ ~\ y, ` ;~',^'roy'~ ~ '9)00 ~ `~ 1 / / .\ +I / \ ;CT,~ ~/ / / / / \ ~ \ \ c8 `. t ~ C7 \ / / \ ~ l3 •~ l5 \• ~~ . % ~ ~ HO / C6 - ~ - RNA\'H PO / I w / I( -' i f I I I ~ I CRAf`HIC SCALE ~ ~~ I I 1 tMp fFCT) R• YOM1 CUIr\'f'. ir.NLl ~~ C~~2'2 fA[ln n LCr :Ti turGENf -Criq+D CH+PU [CAa~.rit <.II 4}'` ? ' C. s'tt'•~!' l J +I'_ ro'.' rvr• •'I•Y Ir Cr 1T.tT:ti ?.eJ ., r ' r+!!'li S :,.n/' -1i 1J- 30.E cr ce 'r r~Y l r7n r > L43'- 2i9' ? _ t9 f. wU' 1J3B' 3' Ul]'t LInE TABLE LOP. l[+M.iH el RP.irvf. LI 50.YJfr0 Lt Ta5':!'>s'f LJ A' S ' _+un'is.s'W l5 rv l'r E'S9' (] !aL'.vo .., ~o~.~f cn P~ v. ~v cavULt. N iM SHEET 2 r,J 3 FINAL PLAT PARKING THREE DIMENSIONAL SUBDIVISION, VAIL VILLAGE FIFTH FILING A TIIP,EE DI~IIENSIDNAL RE,SUIIDIVISION OF LOT P-3 AND .9 PORTION' OF tIANSON RANCH ROAD kICHT-OF-TVAY, VAII VILL.9CE FIFTH FILING, TO TVA' OF V.•fI7., COUNTY OF L'ACLE, STATE OF COLORADO ~o~ ~ Y j ~. LOT 1 110UATDAR)' DE%:~I/1. G'p Rt r_,rEr "°w~F ~ N DRIVE ,~, s,.s S765j• 2JE 64.09. 582'}1'10"E - 4.96' z o I f LOT 2 J I m : f e>'...o... aann S N I ~ J ' no. oa , JO I b . ?J ~9, 7g. 1;, a 16'49'49 I R=120.17' L=35.50' ~ T=17.78' <'~'" ~ - ~~ CH=J5.17' - CB=N61'}7'11~W S82'46'S9~W - 19.23' roT z tlouND.:1T:)' Dc'rAlr, TRACT A ~ __ LOT 2 82.45' . I 69.29' ~- tLL M~e6e ---- -_------ O a ~ TRACT A 161.45 I Ci t~ _~ `n SECTION DL"PAIL I LOT 2 I- 134.45 `\. ~ I . O w ^ TRACT A ~ 134.4}' u K n SECTION DE'l:91L `-J nar m suu :r .~- 9.68' 1 n 0 O V ~ z a K Z O SN6'ET .Z nJ 3 mo no. us7 RESOLl9TION NO. ~5 SERIES, 2004 Resola~tion Ir-o. 95, a Resolution adopting the correct version of the CIRSA bylaws and intergovernavaental agreement and repealing any and all resolutions inconsistent herewith. WHEREAS, the Town of Vail previously adopted the CIRSA Bylaws and Intergovernmental Agreement ("Agreement"), which constitute a contract to cooperate with other public entities to participate in aself-insurance pool; and WHEREAS, the Town of Vail has now been informed that the incorrect version of said Agreement was adopted due to a clerical error by CIRSA; and WHEREAS, the Town of Vail desires to correct said error by adopting the correct version of said Agreement herein; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE TOWN OF VAIL: The attached correct version of the Agreement is hereby approved, and the authorized signatories of the Town of Vail are herby authorized to execute the Agreement. Any and all resolutions inconsistent herewith are hereby repealed, including specifically the original resolution adopting the incorrect version of the Agreement, except that participation in and coverage through CIRSA shall continue to take effect on the same day as was provided in said original resolution. A copy of this resolution and the executed correct version of the Agreement shall be transmitted to CIRSA at 3665 Cherry Creek North Drive, Denver CO 80209 NITRO®a.ICf~®, REA®, APPROVE® AN® ,4®OPTE® this 20th day of April, 2004. Rodney Slifer, IVlayor, Town of Vail ATTEST: Lorelei Donaldson, Town Clerk I~YILAWS AMID )i1~1'~ERG®VEItNIi~EIV'TAI, AGREEIi'IEI~'><' COL~RAII~® dl?1'I<'E1E8G®VE>I~TI~ENT'Alt, I2)[Sl[~ S~IAlt><1~1G AGENCY ARTICLE I. Definitions. As used in this. agreement, the following terms shall have the meanings hereinafter set out: (1) ADMIlVISTRATIVE COSTS. All costs of CIRSA other than contributions to a loss fund or a reserve fund. (2) BOARD. Board of Directors of CIRSA. (3) BYLAWS. The Bylaws and Intergovernmental Agreement, Colorado Intergovernmental Risk Sharing Agency. (4) CIRSA. The Colorado Intergovernmental Risk Sharing Agency established pursuant to the Constitution and the statutes of this state by this intergovernmental agreement. (5) CLAIlVI YEAR. Any twelve consecutive month period established by the Board. (6) DIRECTOR. A person serving on the Board. (7) EXCESS INSURANCE. Insurance purchased by CIRSA from an insurance company approved by the Insurance Commissioner of the State of Colorado to underwrite such coverage in Colorado providing certain coverage for losses over a prudent amount up to a pre-set maximum amount of coverage. (8) EXECUTIVE DIRECTOR. Executive Director of CIRSA. (9) FISCAL YEAR. January 1 to December 31. (10) INTERGOVERNMENTAL AGREEMENT. The Bylaws and Intergovernmental Agreement, Colorado Intergovernmental Risk Sharing Agency. (11) LOSS FUND. A fund or funds of money established by the Board to pay covered losses and loss adjustment expenses. (12) MEMBERS. The municipalities and other entities which are authorized to participate in CIRSA pursuant to Article VI of these Bylaws and which enter into this intergovernmental agreement. (13) RESERVE FUND. A fund or funds of money established by the Board to be used as provided in Article IX of this intergovernmental agreement. (14) STOP LOSS INSURANCE. Insurance purchased by CIRSA from an insurance company approved by the Insurance Commissioner to underwrite such coverage in Colorado Page 1: As Amended December O5, 2002 providing certain coverage up to a contracted amount for otherwise uninsured losses to be borne by the loss fund, which in any one year aggregate to a pre-set maximum amount of coverage. ARTICLE II. Creation of CIRSA. The Colorado Intergovernmental Risk Sharing Agency, a separate and independent governmental and legal entity, is hereby formed by intergovernmental agreement by its members pursuant to the provisions of 24-10-115.5, 29-1-201 et seg., 29-13- 102, 8-44-101(1)(c) and (3), and 8-44-204, C.R.S., as amended, and Colorado Constitution, Article XIV, Section 18(2). ARTICLE III. Purposes. (1) The purposes of CIRSA are to provide members the coverages authorized by law, through joint self-insurance, insurance, reinsurance, or any combination thereof, to provide claims services related to such coverages, and to provide risk management and loss control services to assist members in preventing and reducing losses and injuries. (2) It is the intent of the members of CIRSA to create an entity in perpetuity which will administer and use funds contributed. by the members to defend and indemnify, in accordance with these Bylaws, any member of CIRSA against stated liability or loss, to the limit of the financial resources of CIRSA available to pay such liability or loss. It is also the intent of the members to have CIRSA provide continuing stability and availability of needed coverages at reasonable costs. (3) All income and assets of CIRSA shall be at all times dedicated to the exclusive benefit of its members. (4) This intergovernmental agreement shall constitute the Bylaws of CIRSA. ARTICLE TV. Source of Money; Non-Waiver of Immunity. (1) All CIRSA monies are monies plus earned interest derived from its members. (2) It is the intent of the members that, by entering into this intergovernmental agreement, they do not waive and are not waiving any immunity or other limitation on liability provided to the members or their officers or employees by any law. (3) No waiver by a member of any immunity or other limitation on liability provided to the member or its officers or employees by any law shall expand the coverages established by the Board. No member shall waive any such immunity or other such limitation on liability without first notifying CIRSA in writing. ARTICLE V. CIRSA Powers. (1) The powers of CIRSA to perform and accomplish the purposes set forth above shall, within the budgetary limits of C1RSA and subject to the procedures set forth in these Bylaws, be the following: Page 2: As Amended December O5, 2002 (a) To retain agents, employees and independent contractors. (b) To purchase, sell, encumber and lease real property and to purchase, sell, encumber or~lease equipment, machinery, and personal property. (c) To invest funds as allowed by Colorado statutes. (d) To carry out educational and other programs relating to risk management and loss control. (e) To create one or more loss funds, and to purchase reinsurance, excess insurance and/or stop loss insurance. (f) To establish reasonable and necessary ,loss control standards and procedures to be followed by the members. (g) To provide risk management and claim adjustment or to contract for such services, including the defense and settlement of claims. (h) To carry out such other activities as are necessarily implied or required to carry out the purposes of CIRSA or the specific powers enumerated in these Bylaws. (i) To sue and be sued. (j) To enter into contracts. (k) To reimburse directors for reasonable and approved expenses, including expenses incurred in attending Board meetings. (1) To purchase fidelity bonds from an insurance company approved by the Insurance Commissioner of Colorado to do business in Colorado. (m) To process claims, investigate their validity, settle or defend against such claims within established financial limits, tabulate such claims, costs and losses and carry out other assigned duties. ARTICLE V.S. Services to Nonmembers. (1) CIRSA may provide to nonmembers, by intergovernmental agreement, one or more services pertaining to or associated with insurance or self-insurance, loss control, risk management, and claims administration, if such services will not adversely affect the tax exempt status of CIRSA. (2) The nonmembers to which the services described in paragraph (1) above may be provided shall be limited to governmental entities which are defined as "public entities" under Page 3: As Amended December O5, 2002 24-10-103(5), C.R.S., and which are authorized to enter into an intergovernmental agreement for such services pursuant to 29-1-201 et seg., C.R.S. (3) The intergovernmental agreement described in paragraph (1) above shall comply with 29-1-203(2), C.R.S., and shall be approved by the Board and by the governing body of the nonmember governmental entity to whom the services described in paragraph (1) are to be provided. (4) Neither the property and liability coverages authorized by 24-10-115.5 and 29-13- 102, C.R.S., nor the workers' compensation coverages authorized by 8-44-101(1)(c) and 8-44- 204, C.R.S., shall be provided except to entities which meet the requirements for membership in CIRSA and which properly adopt and execute these Bylaws. ARTICLE VI. Participation. (1) The membership of CIRSA shall be limited to the following entities which properly adopt and execute this intergovernmental agreement: (a) Any municipality which is a member of the Colorado Municipal League; (b) Any city and county which is formed as a result of a change in the status of a CIRSA member from a municipality to a city and county, except that the continued membership of any such member after such a change iri status shall be subject to Board approval in the same manner as set forth in subsection (6) of this section for a new member, and shall also be subject to notice to and action by the membership in the same manner as set forth in subsection (7) of this section for a new member; and (c) Any other entity which meets all of the following requirements: 1. The entity is a "public entity" as said term is defined in C.R.S. 24- 10-103(5), as from time to time amended, other than the state, a county, a city and county, or a school district; 2. The entity has, throughout the term of its membership, an intergovernmental agreement in effect with a member municipality for the provision of one or more functions, services, or facilities lawfully authorized to both the entity and the municipality, and such member municipality consents to the entity's participation; 3. Participation by the entity is permitted by applicable state law; and 4. Participation by the entity will not adversely affect the tax-exempt status of CIRSA. ~- _ . (2) An entity which ceases to have in effect an intergovernmental agreement with a member municipality as required by Section VI.l.b.2 shall cease to be a member as of the last day of the claim year in which the entity ceased to have such agreement in effect. Page 4: As Amended December O5, 2002 (3) No representative of any entity other than a member municipality may serve on the Board. (4) Notwithstanding any other provision of these Bylaws, no proposed amendment to these bylaws to permit a representative of any entity other than a member municipality to serve on the Board shall be effective unless approved by at least two-thirds of the municipalities which are members of CIRSA. (5) A member may participate in CIRSA for either or both of the following purposes: (a) The property and liability coverages authorized by 24-10-115.5 and 29-13- 102, C.R.S., as amended, and claims services, loss control services, and risk management services related to such coverages; and (b) T1~e workers' compensation coverages authorized by 8-44-101(1)(c) and (3) and 8-44-204, C.R.S., as amended, and claims services, loss control services, and risk management services related to such coverages. (6) New members may be admitted only by a vote of the Board, subject to the payment of such sums and under such conditions as the Board shall in each case or from time-to- time establish. (7) The members shall be notified in writing of each proposed new member. Ten percent (10%) of the members may request a membership meeting to consider admission of a new member. The request shall be in writing and must be received at the CIRSA offices no later than fifteen (15) days after mailing of the notice. If such request is received within the fifteen- (15) day period, a membership meeting shall be called by the Chairman and the new member shall be admitted only by atwo-thirds (2/3) vote of the members present at the meeting. A member may waive its right to receive notification of proposed new members pursuant to this section. The waiver shall be in writing and shall be signed by the mayor or manager or, if there is no manager, the clerk. Such a waiver by a member shall not prevent it from requesting a membership meeting to consider, or from taking any other action under these Bylaws concerning, the admission of a new member. (8) A member who is participating in CIRSA for one of the purposes set forth in section (5) of this Article may be authorized to participate in CIRSA for the other of those purposes by a vote of the Board, subject to the payment of such sums and under such conditions as the Board shall in each case or from time-to-time establish. Compliance with the provisions of section (7) of this Article shall not be required in connection with the authorization unless such compliance is made a condition of the authorization by a vote of the Board. ARTICLE VII. Members' Powers and Meetings. (1) The members at a meeting thereof shall have the power to: (a) Elect Directors by vote of the members present at the annual meeting. Page 5: As Amended December O5, 2002 (b) Amend the Bylaws by atwo-thirds (2/3) vote of the members present at a meeting. Notice of any proposed Bylaw amendment shall be mailed to each member at least fifteen (15) days in advance of the vote thereon. An amendment shall take effect immediately unless otherwise provided in the amendment or in the motion to approve the amendment. No Bylaw anendment shall apply to or affect any member which withdraws from CIlZSA within fifteen (15) days after approval of the Bylaw amendment and notifies the Board in writing, within such fifteen (15) day period, of its opposition to the Bylaw amendment. (c) Decide an appeal from an expulsion decision as provided in Article XV, and admit members as provided in Article VI. (d) Remove a Director by atwo-thirds (2/3) vote of the members present at a meeting. Notice of the proposed removal of a Director shall be mailed to each member at least fifteen (15) days in advance of the vote thereon: ~" (2) Meetings of the members shall be held as follows: (a) Members shall hold at least one membership meeting annually at a time and place to be set by the Board, with notice mailed to each member at least fifteen (15) days in advance. At least one of said membership meetings shall be held between June 1 and June 30 of each year. (b) Special meetings shall be held if called by the Board or by a written petition of thirty percent (30%) of the rnembers. Notice of special meetings shall be mailed to each member at least fifteen (15) days in advance. (c) The Chairman of the Board will preside at the meetings. (d) Thirty percent (30%) of the total number of members of CIRSA as of the date of any meeting shall constitute a quorum to do business during that meeting. (e) No absentee or proxy voting shall be allowed. (f) Each member shall be entitled to one vote on each issue. (2.5) (a) Notwithstanding any other provision of these Bylaws, in order to accommodate the meeting date provided for in article VII(2)(a), the terms of office of Directors who are elected in December, 2002 shall continue only until June, 2004, and the terms of office of Directors who were elected in December, 2001 shall continue only until June, 2003. (2.5) (b) This subsection 2.5 is repealed effective December 31,2003: ARTICLE VIII. Obligations of Members. (1) The obligations of members of CIlZSA shall be as follows: Page 6: As Amended December O5, 2002 (a) To pay promptly all annual and supplementary contributions and other payments to CIRSA at such times and in such amounts as shall be established by the Board pursuant to these Bylaws. Any delinquent payments shall be paid with interest which shall be equivalent to the prime interest rate on the date of delinquency of the bank which invests the majority of the CIRSA funds. Payments will be considered delinquent forty-five (45) days following the due date. (b) To designate in writing, signed by the Mayor or Manager or, if there is no Manager, the Clerk, a voting representative and alternate for the members' meetings. A member's voting representative must be an employee or officer of the member, but may be changed from time-to-time. (c) To allow CIRSA and its agents, officers and employees reasonable access to all facilities of the member and all member records, including but not limited to financial records, as required for the administration of CIRSA. (d) To allow CIRSA and attorneys designated by C1RSA to represent the member in the investigation, settlement and litigation of any claim made against the member within the scope of loss protection furnished by CIRSA. (e) To cooperate fully with CIRSA's attorneys, claims adjusters and any other agent, employee, or officer of CIRSA in activities relating to the purposes and powers of CIRSA. (f) To follow the loss control standards and procedures adopted by the Board. (g) To report to CIRSA, in such form and within such time as CIRSA may require, all incidents or occurrences which could reasonably be expected to result in CIRSA being required to cover a claim against the member, its agents, officers, or employees, or for casualty losses to municipal property, within the scope of coverages undertaken by CIRSA. (h) To maintain an active safety committee, safety coordinator, or safety contact. (i) To report to CIRSA, in such form and within such time as C1RSA may require, the addition of new programs and facilities or the significant reduction or expansion of existing programs and facilities or other acts which will cause material changes in the member's potential loss. _ (j) To provide C1RSA, in such form and within such time as CIRSA may require, a completed renewal application. (k) To participate in coverage of losses and to pay contributions as established and in the manner set forth by the Board. (1) To the extent permitted by law, each member shall prevent its officers, employees and attorneys from representing voluntarily any person or entity or providing Page 7: As Amended December O5, 2002 voluntarily any expert testimony or other assistance to any person or entity in any tort claim made or tort action brought against any other member or against any officer, employee or attorney of another member for action taken as an officer, employee or attorney of such other member. The obligation imposed by this paragraph shall not apply where such claim is made or action is brought by a member itself or by an officer or employee thereof acting in an official capacity. ARTICLE IX. Contributions. (1) It is the intention of CIRSA to levy contributions from the members as established by the Board. (2) (a} The contributions may include contributions to a reserve fund. The reserve fund may be used only to pay claims, and expenses related thereto, accepted by the Board pursuant to Article XI (1)(r) for which previous contributions for a claim year are insufficient. (b) If the reserve fund is so used, the proportionate shares in the reserve fund of those members and former members which were members during the claim year for which claims were paid from the reserve fund shall be correspondingly reduced and the Board shall promptly determine, .pursuant to policies adopted by the Board for replenishment contributions, whether replenishment of the reserve fwid is necessary and, if so, the allocation among members and former members and the amount and timing thereof. (c) All members and former members, by virtue of their membership during any claim year, waive the right to assert that the levy of replenishment contributions pursuant to this Article for such claim year is barred by any statute of limitations. (3) The Board shall annually review and report to the members the contributions to the reserve fund, the earnings thereon and the expenditures therefrom. The Board shall credit members and former members making such contributions, in the same proportions as the contributions were made, all amounts in excess of the amounts which the Board reasonably determines to be necessary to pay claims and expenses related thereto, including sufficient funds for payments which might be made pursuant to Article XI (1)(r). Credits to members may be made in the form of credits against future contributions or in the form of payments, as the Board shall determine. Credits to former or withdrawing members shall be made in the form of payments. No credit shall be given or paid to any member or former or withdrawing member which owes any amount to CIRSA until the amount owing is paid, and any credit or payment to be made under this Article IX (3) may be used to pay such amount. (4) Any money contributed to any loss fund or for the administrative expenses of CIRSA and not needed for loss fund purposes or administrative expense purposes may be credited to the reserve fund or may be as credited to members and former or withdrawing members, or both, in the manner determined by the Board, except otherwise specifically provided in these Bylaws or in policies adopted by the members as authorized in these Bylaws. Credits to members may be made in the form of credits against future contributions or in the Page 8: As Amended December O5, 2002 form of payments, as the Board shall determine. Credits to former or withdrawing members shall be made in the form of payments. All credits shall be in similar proportions as the contributions paid by the members. The Board shall reasonably determine whether money is available for reserve fund credit or contribution credit, or both, and the timing, proportions, and amounts thereof. (5) No loss fund created for the property and liability coverages authorized by 24-10- 115.5 and 29-13-102, C.R.S., as amended, shall be combined or commingled with any loss fund created for the workers' compensation coverages authorized by 8-44-101(1)(c) and (3) and 8-44- 204, C.R.S., as amended. ARTICLE X. Board of Directors. (1) The Board shall be composed of seven (7) Directors, each from a different member. Directors will be elected from among the members' voting representatives. There will be: population. (a) Two Directors, each from a different member under ten thousand (10,000) (b) Two Directors, each from a different member of ten thousand (10,000) to forty thousand (40,000) population. (c) Two Directors, each from a different member above forty thousand (40,000) population. (d) One Director at large. (2) Every year population will be determined by the most current available population figures provided by the state Department of Local Affairs. (3) The election of Directors will be made by the members at the membership meeting to be held between June 1 and June 30 of each year. A Director shall assume office at the first Board meeting held after the election. (4) Terms of the Directors will be two-yearstaggered terms. (5) A vacancy shall exist when a Director resigns, is no longer the member's voting representative, dies, or is removed by the members pursuant to these Bylaws. (6) No person shall be removed from office as a Director by reason of any change, during the term of office for which such person was elected or appointed, in the population categories described in (1)(a),(b) and (c) of this Article or in the population of the Director's municipality. Page 9: As Amended December O5, 2002 ARTICLE XI. Powers and Duties of the Board of Directors. (1) The Board has the following powers, in addition to any other powers set forth in these Bylaws: (a) To elect during the first Board meeting held after the election as provided in Article X(3), a chairman, vice chairman, secretary/treasurer and other officers as appropriate. Each officer shall serve until his or her successor is elected, but there shall be no limit on the number of terms served by any person. (b) To admit new members as provided in Article VI and to adopt criteria for new members: (c) To establish contributions to be paid by the members, at such time or times and in such amounts as the Board deems appropriate for the operation of CIRSA and as necessary to ensure the solvency and avoid impairment of CIRSA. (d) To establish the types of losses to be covered, the limits of liability, and the types of deductions which CIRSA provides. (e) To select all service providers necessary for the administration of CIRSA. (f) To set the dates, places and provide an agenda for Board and members' meetings. (g) To fill vacancies in the Board by majority vote of the remaining Directors for the unexpired term. (h) To exercise all powers of CIRSA except powers reserved to the members. (i) To hire and discharge personnel or to delegate such authority to the Executive Director. (j) To provide for claims and loss control standards and procedures, to establish conditions which must be met prior to the payment or defense of a claim, and to deny a claim or the defense of a claim if the conditions are not met. (k) To provide for the investment and disbursement of funds. (1) To establish rules governing its own conduct and procedure and the powers and duties of its officers, not inconsistent with these Bylaws. (m) To issue subordinated debentures consistent with applicable requirements of the Insurance Commissioner of Colorado. Page 10: As Amended December O5, 2002 (n) To form committees and provide other services as needed by CIRSA. The Board shall determine the method of appointment and terms of committee members. (o) To do all acts necessary and proper for the operation of CIRSA and implementation of these Bylaws subject to the limits of the Bylaws and not in conflict with these Bylaws. (p) Dissolve CIRSA and disburse its assets by atwo-thirds (2/3) vote of the entire membership provided that a notice of intent to dissolve CIRSA shall be given to the Insurance Commissioner at least ninety (90) days prior to the effective date. No such plan to dissolve CIltSA shall be effective until approved by the Insurance Commissioner. Upon dissolution of CIlZSA, the assets of CIRSA not used or needed for the purposes of CIRSA, as determined by CIRSA and subject to approval by the Insurance Commissioner, shall be distributed exclusively to municipalities which are members of CIRSA prior to dissolution to be used for one or more public purposes. (q) To delegate to the Executive Director, by motion approved by the Board, any of the Board's powers and duties, except that the Board may not so delegate its powers to elect officers, admit new members, establish contributions by the members, fill vacancies in the Board, adopt CIRSA's budget, establish conditions which must be met prior to the payment or defense of a claim, or dissolve CIRSA. (r) Notwithstanding any other provision of these Bylaws or any limitation on CIRSA coverages, for any claim year since the inception of CIRSA the Board may pay those claims and expenses related thereto which would otherwise be denied for the reason that payment would exceed any applicable specified aggregate limit and available insurance or reinsurance. Any such payment shall be made only from a reserve fund established pursuant to Article IX (2), shall not exceed the amount in the reserve fund, shall be subject to the conditions and requirements of Article IX (2), and shall be consistent with such policy as the members may adopt by atwo-thirds (2/3) vote of the members present at a meeting. (s) To make reports to the members at member meetings or otherwise (t) To impose a reasonable fee on a former member for the costs of administration which pertain to that member and which arise after the conclusion of the membership. Such fee may be billed against and deducted from any surpluses that would otherwise be credited to the former member pursuant to Article IX, or may be billed to the former member. (2) The Board has the following duties, in addition to any other duties set forth in these Bylaws: (a) To prepare, adopt, and report CIRSA's budget to the members. (b) To make reports to the members at their meetings. Page 11: As Amended December O5, 2002 (c) To provide to members annually an audit of the financial affairs of CIRSA to be made by a Certified Public Accountant at the end of each fiscal year in accordance with generally accepted auditing principles and state law. (d) To provide to members annually an annual report of operations. (e) To adopt a policy describing those CIRSA documents and records which are available to CIRSA members and to the public and any limitations thereon. (f) To provide for payment of covered claims and expenses related thereto in the order in which the amounts become due, until any applicable specified aggregate limit and insurance or reinsurance available for such payment is depleted. ARTICLE XII. Meetings of the Board of Directors. (1) The Board may set a time and place for regular meetings which may be held without further notice, and shall establish procedures for notice of special meetings. (2) Four (4) Directors shall constitute a quorum to do business. All acts of the Board shall require a majority vote of the Directors present. (3) One or more or all Directors on the Board may participate in any meeting of the Board by means of a conference telephone or similar communications equipment by which all persons participating in the meeting can communicate with each other at the same time. Participation by such means shall constitute presence at the meeting. No such meeting shall be held unless diligent effort is made to notify all Board members. (4) Any action of the Board may be taken without a meeting if consent in writing setting forth the action so taken is signed by all Directors then serving on the Board. Such consent shall have the same effect as a unanimous vote and maybe executed in counterparts. ARTICLE XIII. Liability of Board of Directors or Officers. The Directors, officers and committee members of CIlZSA should use ordinary care and reasonable diligence in the exercise of their powers, and in the performance of their duties hereunder; they shall not be liable for any mistake of judgment or other action made, taken or omitted by them in good faith; nor for any action taken or omitted by any agent, employee or independent contractor selected with reasonable care. No Director, officer, or committee member shall be liable for any action taken or omitted by any other Director, officer or committee member. CIlZSA shall obtain a bond or other security to guarantee the faithful performance of each Director's, officer's and the Executive Director's duties hereunder. CIRSA may use any loss fund to defend and indemnify any Director, officer, committee member or employee for any action made, taken, or omitted by any such person in good faith within the scope of his or her authority for any CIRSA, or may pay for or reimburse the reasonable expenses, including liability expenses and attorneys' fees, incurred by any such person who is a party in a proceeding resulting from such an action, in advance of the final disposition of the proceeding, but any such payment or reimbursement shall be repaid to CIRSA if it is determined that the. action was not made, taken, or omitted in good Page 12: .As Amended December O5, 2002 faith or was not within the scope of his or her authority for CIRSA. CIRSA may purchase or otherwise provide for insurance coverage for such Directors, officers, committee members and employees. ARTICLE XN. Withdrawal from Membership. (1) Any member may withdraw from CIRSA by giving prior notice in writing to the Board of the prospective effective date of its withdrawal. (2) If the effective date of a member's withdrawal is a date other than a January 1, the withdrawing member shall not be entitled to receive any refund of contributions made for administrative costs for the claim year of withdrawal. The withdrawing member shall be entitled to receive within forty-five (45) days after the effective date of withdrawal, a proportionate return of its contribution to any loss fund. (3) If the effective date of a member's withdrawal is January 1 but the member's written notice of withdrawal is received by CIRSA more than thirty (30) days after the date on which CIRSA mailed a preliminary quote of the contribution to be assessed the member for the year beginning on that January 1, the withdrawing member shall be obligated to pay its share of CIRSA's administrative costs for the year beginning on that January 1. However, if the preliminary quote is mailed by CIRSA prior to September 1, members shall not be obligated for future claim year administrative costs if the member's written notice of withdrawal is received by CIRSA on or before the October 1 preceding the January 1 renewal date. (4) The members may, by atwo-thirds (2/3) vote of the members present at a meeting, adopt or amend a policy establishing additional conditions applicable to members which withdraw. ARTICLE XV. Expulsion of Members. (1) A member which fails to make any contribution or other payment due to CIRSA shall be automatically expelled from CIRSA on the sixtieth (60th) day following the due date, unless time for payment is extended by the Board and payment is made within any extended period. A notice of failure to make a contribution or other payment due to CIRSA shall be mailed to the member at least thirty (30) days prior to the first date of automatic expulsion. If time for payment is extended by the Board and payment is not made within any extended period, the automatic expulsion shall occur on a date no later than twenty'(20) days after the last day of the extended period set by the Board. An expulsion under this subsection (1) shall not be subject to the provisions of subsection (2). (2) A member may be expelled by the Board for failure to carry out any other obligation of the member subject to the following: (a) The member shall receive notice from the Board of the alleged failure and not less than thirty (30) days in which to cure the alleged failure, along with notice that expulsion may result if the failure is not so cured. Page 13: As Amended December O5, 2002 (b) The member shall receive at least thirty (30) days prior notice from the Board of the date, place and time when the Board will consider expelling the member from the pool, and the member shall be entitled to be present at that meeting and to present evidence and reasons why it should not be expelled. The decision of the Board shall be effective as of the date and upon the terms and conditions set forth in the Bylaws and applicable excess or reinsurance policies and as otherwise specified by the Board, except as provided in paragraph (c) of this Article XV (2). (c) The member may appeal the Board's decision to the membership. Notice of the appeal shall be provided to each member. The appeal shall be considered by the members only if twenty percent (20%) of the members request the Board, in writing, to schedule a membership meeting on the appeal; otherwise the appeal shall be considered denied. If the appeal will be considered, by the members, the Chairman of the Board shall schedule a membership meeting and each member, including the appealing member, shall be provided at least ten (10) days prior written notice of the date, time and place of the meeting. The appealing member shall be entitled to be present at the meeting and to present evidence and reasons why it should not be expelled and the Board may present evidence and reasons why expulsion is proper. The appealing member shall not be counted in determining the number of votes required, nor shall the appealing member be entitled to vote on the appeal. The decision of the members shall be by majority vote of those present at the meeting and shall be final, and any expulsion shall be effective as of the date and upon the terms and conditions set forth in the Bylaws and applicable excess or reinsurance policies, and as otherwise specified by the members. (3) The members may, by atwo-thirds (2/3) vote of the members present at a meeting, adopt or amend a policy establishing requirements applicable to members which are expelled. ARTICLE XVI. Conditions of Withdrawal and Expulsion. (1) A withdrawn or expelled member shall remain obligated for all amounts owing prior to withdrawal or expulsion from CIRSA and for all amounts which thereafter become owing pursuant to CIRSA Bylaws and policies adopted by the members which are in effect at the time of withdrawal or expulsion including, but not limited to, contributions levied pursuant to Article IX (2) of the CIRSA Bylaws. (2) A withdrawn or expelled member is considered a member of CIRSA for the purpose of payment of the member's claims and expenses related thereto which remain covered under the terms of CIRSA's excess policies. A withdrawn or expelled member shall remain subject to all conditions of coverage and obligations of a member under CIRSA Bylaws, insurance or reinsurance policies, and policies adopted by the members which are in effect at the time of withdrawal or expulsion. A withdrawn or expelled member shall have no right to vote on any matter pending before the CIRSA membership. (3) Except as otherwise provided in these Bylaws: Page 14: As Amended December O5, 2002 (a) A withdrawn member shall retain all rights of a withdrawn member under CIRSA Bylaws and policies adopted by the members which are in effect at the time of the withdrawal; (b) An expelled member shall retain all rights of an expelled member under C1RSA Bylaws and policies adopted by the members which are in effect at the time of the expulsion; and (c) No withdrawn or expelled .member may be adversely affected by any change in such Bylaws or policies adopted subsequent to the effective date of the member's withdrawal or expulsion. (4) An expelled member shall have no right to be credited for any amounts pursuant to Article IX (3) or (4) of the Bylaws. Any such amounts that would have been credited but for the expulsion shall be redistributed among those members who were members on the effective date of such member's expulsion, in similar proportions as the contributions paid by those members. (5) Unless disapproved by an affected insurance or reinsurance carrier, CIRSA shall offer a withdrawing member, no later than forty-five (45) days after CIRSA's receipt of the written notice of withdrawal, at least twenty-four (24) months of extended reporting period on any claims-made coverage provided through CIRSA, at a cost reasonably calculated by CIRSA and subject to any contract terms existing at withdrawal. ARTICLE XVII. General. (1) This document shall constitute an intergovernmental contract among the members of CIRSA. The terms of this contract maybe enforced in court by CIRSA itself or by any of its members. (2) The consideration for the duties herewith imposed upon the members to take certain actions and to refrain from certain other actions shall be based upon the mutual promises and agreements of the members set forth herein. (3) A certified copy of the ordinance, resolution or other document of approval for each member, accompanied by an attorney's certification of proper authority and adoption, shall be attached to the original Bylaws on file with CIItSA. These Bylaws may be executed in counterparts. (4) Except to the extent of the limited financial contributions to CIRSA agreed to herein or such additional obligations as may come about through amendments to these Bylaws, no member agrees or contracts herein to be held responsible for any claims in tort or contract made against any other member. The contracting parties intend in the creation of CIRSA to establish an organization only within the scope herein set out, and have not herein created as between member and member any relationship of surety, indemnification or responsibility for the debts of or claims against any other member. Page 15: As Amended December O5, 2002 (~) In the event that any article, provision, clause or other part of these Bylaws should be held invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability with respect to other articles, provisions, clauses, applications or occurrences, and these Bylaws are expressly declared to be severable. ATTEST: Name Title Date By: Title ~~ e:-_ City/Town Date Page 16: As Amended December O5, 2002 RESOLUTION NO. '16 Series of 2004 A RESOLUTION APPROVING THE P-3 DEVELOPMENT AGREEMENT (THE "AGREEMENT") BETWEEN THE TOWN OF VAIL (THE "TOWN") AND VAIL ASSOCIATES HOLDINGS, LTD., A COLORADO CORPORATION ("VAIL HOLDINGS"), WHICH AGREEMENT PERTAINS TO THE DEVELOPMENT AND RESPECTIVE RIGHTS AND RESPONSIBILITIES OF THE TOWN AND VAIL HOLDINGS IN RELATION TO THE DEVELOPMENT SITE OWNED BY VAIL HOLDINGS AND CONSISTING OF LOT P-3, VAIL VILLAGE FIFTH FILING, AND AN ADJACENT VACATED PORTION OF HANSOM RANCH ROAD RIGHT-OF-WAY; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town, acting through its applicable departments and agencies, including the Town Council, Planning and Environmental Commission, and Design Review Board, has previously approved a re-zoning to the Town's Parking (P) zone district, issued requisite conditional use permits, approved development plans and specifications, and approved a major subdivision plat (the "Plat") recorded March 17, 2004, at Reception No. 871030 (collectively the "Development Plans") in connection with Lot P-3, according to the Plat ("Lot P-3"), and WHEREAS, the Development Plans implement provisions in furtherance of the development of a subterranean parking structure to be complemented by ancillary surface improvements, together with paved surface parking, an open space/park area, and other ancillary or related uses (collectively the °Project") within Lot P-3 and a subterranean portion of the Hanson Ranch Road right-of-way (the "Vacation Area") vacated by Town Council by separate ordinance and to be described in the Agreement; and WHEREAS, the Town, acting through its applicable departments and agencies (including the Director of Public Works and the Director of Community Development), and Vail Holdings, as the owner of Lot P-3 and now the Vacation Area by virtue of its vacation, have negotiated terms and conditions for the Agreement to govern certain matters related to the development of the Project and the respective rights and responsibilities of the Town and Vail Holdings in connection with those matters; and WHEREAS, the approval of the Agreement is necessary and proper for the health, safety and welfare of the Town and its inhabitants; and WHEREAS, the Agreement complies with all applicable laws and regulations of the State of Colorado and the Town, and the Town has the authority to enter into the Agreement pursuant to such laws. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO as follows: Resolution No. 16, Series of 2004 Section 1. The Agreement is hereby approved, and the Town shall enter into the Agreement and perform, observe and discharge its obligations under the Agreement. The Town Manager is hereby authorized and directed to execute and deliver the Agreement, on behalf of the Town, with such terms and provisions as the Town Manager, after consultation with the Town Attorney, considers necessary or appropriate in furtherance of this Resolution. Section 2. The Town Council hereby finds, determines and declares that this Resolution is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. INTRODUCED, READ, APPROVED AND ADOPTED this 20th day of April, 2004. Rodney E. Slifer, Mayor, Town of Vail ATTEST: Lorelei Donaldson, Town Clerk, Town of Vail Resolution No. 16, Series of 2004 2 Q lL®')<' P-3 ~1EVlElL®Pl~El~')[' AGR]EE1V~>EI~'J<' THIS LOT P-3 DEVELOPMENT AGREEMENT (this "Agreement") is made effective as of the _ day of , 2004, by and between the TOWN OF VAIL, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Colorado (the "Town"), and VAIL ASSOCIATES HOLDINGS, LTD., a Colorado corporation ("Vail Holdings"). A. Vail Holdings is the owner of certain real property in the Town of Vail, Eagle County, Colorado, which is legally described on Exhibit A attached hereto (the "Property"). B. Vail Holdings desires to develop the Property pursuant to (i) the Town's Parking (P) District zoning, which has been adopted and approved by the Town for the Property, (ii) the conditional use permits granted by the Town's Planning and Environmental Commission ("PEC") under the Parking (P) District zoning, by PEC action taken August 11, 2003, which authorize the development and use upon the Property of a subterranean parking structure to be complemented by ancillary surface improvements, together with paved surface parking and a park area to be allocated to public use by the grant of a recreation easement, (iii) the associated development plans for such development on the Property, entitled "Nail's Front Door -Vail Park and Garage at Lots P-3&J," that were reviewed by the PEC in conjunction with the issuance of the conditional use permits and also approved by the Town's Design Review Board by action taken on November 19, 2003 (the "Project Plans"), and (iv) the major subdivision plat approved by the Town that is inclusive of the Property, is entitled "Lot P-3, Vail Village Fifth Filing", and was recorded on March 17, 2004, at Reception No. 871030 (the "Current Replat"), and any further subdivision of the Property as contemplated under paragraph 5 below (collectively, the "Development Approvals"). The parking, park and related improvements and facilities contemplated by the Development Approvals are sometimes collectively referred to hereinafter as the "Project." C. Vail Holdings and the Town have mutually determined to make this Agreement in order to establish various agreements between them respecting the undertaking of certain public dedications, public improvements and other measures related to the development of the Property pursuant to the Development Approvals. D. The parties also acknowledge that Vail Holdings and/or its affiliates intend to proceed with a development project at the base of Vail Mountain in Vail Village, Colorado, which may include, among other things, new spa facilities incorporated into the Lodge at Vail, residential condominiums to the south of the Lodge at Vail, a new skier services building and facilities, a subterranean garage facility incorporating commercial loading and delivery facilities for public use, including multiple loading bays (the "Front Door Loading/Delivery Facility"), and the relocation of the Vista Bahn chairlift facilities within the Vista Bahn ski yard (collectively the "Front Door Project"). The Town has given its approval of a development plan for the Front Door Project pursuant to a PEC approval rendered September 22, 2003, which approval was affirmed on appeal by the Town Council on November 4, 2003 (the "Front Door 609681.6 RCFISH 04/15/04 3:33 PM Development Plan"). Vail Holdings and the Town mutually desire to establish certain terms in this Agreement to address the provision of interim commercial loading/delivery resources pending the undertaking of the Front Door Loading/Delivery Facility. NOW, THEREFORE, in consideration of the above premises and the mutual covenants and agreements set forth herein, the Town and Vail Holdings covenant and agree as follows: 1. Dedication of Pirate Ship Park. (a) As a condition to the issuance of any building permit for the Project, Vail Holdings will cause its affiliate, The Vail Corporation, to dedicate to the Town, by a bargain and sale deed made in substantial conformity with the Colorado statutory form, but modified to accommodate the use restriction, right of entry and reservations under the following provisions (the "Dedication Deed"), that area proximate to the Vail Village ski yard which is commonly known as "Pirate Ship Park," which is located within Tract E, Vail Village Fifth Filing, according to the recorded plat thereof ("Tract E"), and which is legally described on Exhibit B-1 attached hereto and incorporated herein by this reference (the "Park Site"). At the time of dedication, the Town will remain obligated under the "Pirate Ship Park Lease" (which was made between Vail Associates, Inc., as the lessor, and the Town, as the lessee, and is dated effective May 1, 1995), to discharge and satisfy, and protect Vail Associates, Inc. (n/k/a The Vail Corporation) from, any accrued and undischarged claims in favor of or liabilities incurred to any third parties which fall within the scope of the Town's duties under Paragraphs 3, 4, 8, or 9 of the Pirate Ship Park Lease, or any losses suffered by The Vail Corporation because of any accrued breach of the Town's insurance obligations under Paragraph 6 of the Pirate Ship Park Lease, together with any associated sums that may be recoverable under Paragraph 15(d) of the Pirate Ship Park Lease. The parties mutually acknowledge and agree that the Pirate Ship Park Lease otherwise will terminate, and the parties will have no further obligations or duties thereunder, at the time the dedication is made, and that the termination provisions of Paragraph 10 of the Pirate Ship Park Lease will be wholly inapplicable to the termination effectuated by this Agreement. (i) The Dedication Deed will contain a use restriction in perpetuity that the Park Site shall be used only for public park purposes, together with a right of entry for condition broken in favor of The Vail Corporation in the event such restriction is ever violated, such that The Vail Corporation can reacquire fee title to the Park Site in the case of such a violation. To exercise this right of entry, The Vail Corporation will be required to record in the office of the Clerk and Recorder for Eagle County, Colorado (the "Records"), a notice specifying that it is exercising this right of entry (and the exercise will also remain subject to applicable requirements of legal process). (ii) The Dedication Deed will further incorporate reservations in favor of The Vail Corporation for easements over the Park Site for the installation, alteration, removal, maintenance, replacement, use and enjoyment of utility and storm drainage facilities, including both a reservation for such purposes on a general or blanket basis (the "General Reservation"), and a reservation for specific easements for electrical, storm drainage, and grading and utility easements as described on Exhibit B-2 attached hereto. These reservations will 609681.6 RCFISH 04/15/04 3:33 PM 2 encompass and include the right to grant and establish utility easements in favor of utility suppliers upon such terms as they may prescribe and also in favor of affiliates of The Vail Corporation that may own or develop other properties which may need or can benefit from utilities or drainage services or facilities routed over the Park Site. With respect to the General Reservation, however, any easements to be established pursuant thereto will be mutually determined by the parties (acting reasonably); provided, that any such General Reservation easements will be subject to the rights of the Town to locate park improvements within the Park Site in material conformity with the proximate configuration thereof shown on Exhibit B-1 hereto, and also landscaped areas within the Park Site which are mutually determined by the parties (acting reasonably). Any exercise of the General Reservation or any easements established pursuant thereto may not interfere with, damage or require the removal of any such pazk improvements or landscaping (provided that any easement holder may disturb landscaping or improvements as necessary to use and enjoy its easement right, provided the holder substantially replaces any landscaping or improvements damaged as a result). Vail Holdings (or its designee) and/or the Town will make such further documents as may be reasonably necessary or appropriate to effectuate any easements within the scope of the foregoing reservations that are not inconsistent with the foregoing provisions. (b) Vail Holdings acknowledges that following the completion of the dedication by the Dedication Deed, the Town wants to undertake a resubdivision so that the Park Site and the balance of Tract E are each established as a separate subdivision lot by a new subdivision plat. Vail Holdings agrees to have prepared, make application to the Town for, and process a new subdivision plat map for this particular purpose, and both the Town, as the owner of the Park Site, and The Vail Corporation, as the owner of the balance of Tract E, will join in the application and the resubdivision plat (Vail Holdings will be obligated to cause The Vail Corporation to so join in). The Town will reasonably cooperate in the process of Vail Holdings' preparing, making application for, and processing such plat. However, in any event this resubdivision will be solely for the purpose of establishing the two separate lots, and neither The Vail Corporation, Vail Holdings nor any of their affiliates will have any other obligations pertaining to the Park Site or the resubdivision, including, without limitation, any undertaking of improvements or any dedications of property other than the Park Site. The completion of the plat application will, but the adoption of the resubdivision plat will not, constitute a condition to the issuance of any grading or building permit or other requisite approvals for the development of the Project. 2. Hanson Ranch Road Vacation. The Town and Vail Holdings mutually . acknowledge that in order for Vail Holdings to be able to develop the Project in accordance with the Development Approvals, the Town must vacate athree-dimensional subterranean portion of the public right-of--way of Hanson Ranch Road, which three-dimensional portion is legally described on Exhibit C-1 attached hereto, because elements of the Project are planned and designed to extend into that three-dimensional area (the "Vacation Area"). Contemporaneously with or prior to the mutual execution and delivery of this Agreement, the Town Council shall adopt, upon second reading, an ordinance vacating the Vacation Area and acknowledging that \ the Vacation Area is to be vested in Vail Holdings (the "Vacation Ordinance"). In conjunction 609681.6 RCF15H 04/15/04 3:33 PM ~ 3 with the vacation, and by authorization established under the Vacation Ordinance, the Town shall proceed to execute and deliver to Vail Holdings a bargain and sale deed for recordation that expressly conveys the Vacation Area to Vail Holdings. This bargain and sale deed will be made in conformity with the form therefor attached hereto as Exhibit C-2. 3. Off-Site Public Improvements. As part of the Project, Vail Holdings at its expense will be required to construct and provide certain off-site public improvements, i.e., to be located outside of the Property boundaries (the "Off-Site Improvements" or the "Public Project"). The Off-Site Improvements will be constituted and governed by (i) those improvements provided for in the Contract Documents and Specifications for the "Vail Village Streetscape Improvements" dated February 27, 2004, prepared by the engineers of record, and approved by the Town (the "Master Streetscape Specifications''), but only to the extent such improvements are specifically enumerated on Exhibit D attached hereto, and (ii) those off-site public infrastructure improvements provided for in Vail Holdings' final building permit plan set for the Project which is approved by the Town, to be consistent in scope with the Project Plans (those provisions of such plan set that are applicable under clause (ii) above, together with those provisions of the Master Streetscape Specifications that are applicable under clause (i) above, are sometimes referred to hereinafter collectively as the "Off-Site Plans"). ~ The Off-Site Improvements shall also be undertaken in accordance with and subject to the following provisions of this paragraph 3: (a) To the extent any Off-Site Improvements are to be located within or may affect private property or private property interests, it shall be incumbent upon the Town to secure all requisite consents of the affected owners as a condition to Vail Holdings being required to proceed with the construction and installation of the affected Off-Site Improvements. The completion of any Off-Site Improvements so affected will not act as a condition to the Town's provision of any certificate of occupancy or other approvals requisite to the occupancy, use and enjoyment of the Project to the extent the Town is unable to secure the requisite owner consents for those Off-Site Improvements in a timely manner, i.e., by the time that Vail Holdings needs to commence those Off-Site Improvements under its construction schedule for the Project and Public Project (to be adopted in material conformity with ordinary construction practices). Vail Holdings will not retain any obligation to complete any Off-Site Improvements for which the Town does not timely obtain requisite owner consents as aforesaid; however, for those Off- Site Improvements (and as Vail Holdings' sole obligation in connection therewith), Vail Holdings will post security for the completion of those Off-Site Improvements, based on unit costs and construction values applicable to those Off-Site Improvements at the time that they would otherwise be commenced but for the failure of third-party consents. The Town may then undertake the completion of those Off-Site Improvements and resort to that posted security to pay construction costs incurred by the Town in order to complete the same; provided, however, that (i) at such time, if ever, as the Town, acting in good faith, determines that it will not be able to secure the requisite third-party consents for any applicable Off-Site Improvements, then the security attributable to those Off-Site Improvements shall be remitted to Vail Holdings, and (ii) to the extent those Off-Site Improvements are completed, and the resulting construction costs incurred by the Town are less than the amount of the posted security, then the remainder of the security will also be returned to Vail Holdings. The requisite security will be in a form consistent with the Town's generally prevailing practices for construction security, and its G09G81.6 RCFISH 04/15/04 3:33 PM 4 disposition will be governed by a written agreement made by the parties on reasonable terms that are consistent with the foregoing provisions. (b) Certain portions of roadways and/or walkways within the Public Project are to be heated for purposes of providing snowmelt capacities (the facilities and apparatus furnishing such capacities being referred to hereinafter as "Public Snowmelt Systems"); for those areas, Vail Holdings will install wirsbo tubing and manifolds as part of the Public Snowmelt Systems, but will not be responsible or obligated to furnish heating transmission lines to the manifolds, the heat source for the Public Snowmelt Systems, or any ongoing operation or maintenance of the Public Snowmelt Systems (except to the extent that such operation and maintenance costs are ever imposed against the Property by virtue of a properly enacted and levied public real property tax or assessment of general applicability). Notwithstanding the foregoing provisions indicating the contrary, Vail Holdings acknowledges that it will have on-site snowmelt systems within the Project that can be readily integrated with the Public Snowmelt Systems adjacent to those on-site systems (as set forth in the Off-Site Plans), and agrees that Vail Holdings will undertake that integration and at its expense furnish the heat source (including the bearing of related utility charges) to those integrated Public Snowmelt Systems to points of terminus consistent with the Off-Site Plans, as reasonably determined by the parties. (c) Other than as expressly provided under paragraph 3(b) above, Vail Holdings will not be required to construct or install (and the Off-Site Improvements will not include) the Public Snowmelt Systems, and will not be obligated to furnish the heat source and/or bear the related utility charges for the Public Snowmelt Systems, or to bear any other ongoing costs of (or provide directly) any maintenance, operation, repair or replacement of the Public Snowmelt Systems following their initial construction and installation (again except to the extent operating and maintenance costs are ever imposed against the Property by virtue of a properly enacted and levied real property tax or assessment of general applicability). Likewise, Vail Holdings will only be responsible for the initial construction or installation of the other Off-Site Improvements, and will not have any obligation or liability in connection with the ongoing maintenance, repair or replacement of the same, or any utility consumption or other charges incurred in conjunction with their operation (and initial construction or installation will itself be subject to any applicable qualifications expressly set forth in this Agreement). (d) To the extent that there are conflicts or inconsistencies between (i) the Off-Site Plans, and (ii) the other provisions of the Master Streetscape Specifications (i. e., those not applicable as part of the Off-Site Plans) or any other Town rules, regulations or standards of general applicability, or that the sources referenced in clause (ii) would on their face .impose improvement requirements exceeding those under the Off-Site Plans, then the Off-Site Plans shall be controlling. (e) The parties agree that Vail Holdings may not receive from the Town a certificate of occupancy, either temporary or permanent, for the Project until either (i) the Project improvements have been substantially completed, or (ii) Vail Holdings has furnished the Town with security for the remaining uncompleted Project improvements in the form of a performance and payment bond for the work, or alternatively in the form of a letter of credit, or other financial medium reasonably acceptable to the Town, in a dollar amount equal to one hundred twenty-five 609681.6 RCFISIi 04/15/04 3;33 PM 5 4 percent (125%) of the estimated out-of-pocket, variable construction costs for completing the Off-Site Improvements. If security is so provided, (iii) Vail Holdings will then be required to complete the remaining Project improvements within ten (10) months after the initial issuance of a certificate of occupancy for the Property. However, the foregoing required time for completion will be extended for delays caused by any event or circumstance beyond the reasonable control of Vail Holdings, including, without limitation, labor strikes or lockouts, power shortages or failures, unavailability or shortages of materials, acts of God, acts of terrorism or war, inclement weather of such severity as to preclude continued work under prevailing industry standards, customary construction season limitations under prevailing industry standards, or any construction moratorium or other governmental action or inaction (collectively "Force Majeure Events"). In the event Vail Holdings fails to complete the Project improvements in a timely manner in accordance with the foregoing provisions, then the Town at its election may undertake the completion of the remaining Project improvements, or portions thereof, and thereupon the Town may resort to the security furnished to recover the construction costs and expenses incurred by the Town in so undertaking any of the Project improvements. Upon the initial completion of the Project improvements, and the Town's initial acceptance thereof, any security (or the remainder thereof) previously provided shall be returned by the Town to Vail Holdings. The completion of the Project improvements, or the posting of security therefor, will condition only the issuance of a certificate of occupancy, and not the issuance of any building permits or similar approvals for proceeding with the construction of the Project. In addition, the conditions and requirements in favor of the Town under this paragraph 3(e) are subject to any applicable qualifications established under the other provisions of this Agreement. (f) Notwithstanding the other provisions of this paragraph 3 that relieve Vail Holdings from any obligation for ongoing maintenance, repairs or replacements, or costs associated therewith or operating costs, with respect to the Off-Site Improvements, Vail Holdings aclazowledges and agrees that it shall warranty each of the Off-Site Improvements that it is responsible to construct for a period of two (2) years after the same has been initially accepted by the Town, as required under the Town Code of the Town of Vail (the "Code"), § 13-3-14. The Town will act diligently to inspect and provide its acceptance of completed work items. (g) Vail Holdings will act reasonably to coordinate the installation of the Off-Site Improvements with other public improvements that the Town may be making proximate to the Property, provided such coordination requirements may not materially interfere with Vail Holdings' construction schedule for the Project, and may not cause a material increase in the costs that Vail Holdings is to incur for the Project. To the extent such coordination requirements may comply with the foregoing provisions but still delay Vail Holdings in the completion of any Off-Site Improvements (the "Delayed Improvements"), then the completion/security requirements set forth under paragraph 3(e) above shall also be suspended for a commensurate period; should Vail Holdings otherwise be in a position to secure a certificate of occupancy for the Project during such period of delay, then Vail Holdings will be entitled to receive a temporary certificate of occupancy with appropriate conditions for the requisite completion of the delayed Off-Site Improvements, or alternatively the provision of security therefor, at the end ~~ of the period of suspension. In the case of such a suspension, Vail Holdings will only be obligated to bear construction costs, and/or post security for such construction costs, in relation to the Delayed Improvements that Vail Holdings would have incurred but for the delays 609G81.6 RCFISH 04/15h~ 3:33 PM 6 attributable to the coordination requirements of the Town; the Town shall be solely responsible for and bear the incremental costs that are attributable to such coordination requirements and delays. Before Vail Holdings may be required to commence and/or post security for the Delayed Improvements, the Town will furnish Vail Holdings with reasonably adequate assurances that the Town has committed sufficient funds for its incremental cost obligations (which shall be due and owing from time to time within thirty (30) days after the Town is given notice of the same). 4. Loading and Delivery. Vail Holdings and the Town mutually acknowledge that presently areas on the periphery of the Property are employed for commercial loading/delivery functions. In the event the on-site construction of the Project is commenced prior to the completion of the Front Door Loading/Delivery Facility, the following measures will be taken to compensate for the resulting loss of loading/delivery capacities proximate to the Property: (a) Subject to receiving the requisite consents and approvals of the County of Eagle (the "County") and the United States Forest Service ("USFS"), Vail Holdings will furnish (or cause its affiliates to furnish) an interim paved surface loading/delivery area to be located on USFS property proximate to the ski chairlift facility denominated as "Chairlift 1," such interim area to be complemented by paved road access, and with the location, configuration and scope (including number of bays) of that interim area to be as generally depicted on Exhibit E-1 attached hereto. Vail Holdings will apply to USFS and the County for the requisite approvals of this interim area promptly following the making of this Agreement; it being the mutual goal of the Town and Vail Holdings that this interim facility be completed and operational by June 20, 2004, or as soon thereafter as is reasonably feasible following the securing of the requisite approvals. This interim area will be maintained by Vail Holdings as a commercial loading/delivery site available for public use, subject to any limitations imposed by the governmental approvals and to the limitations set forth below. The use and enjoyment of this interim area will be subject to such reasonable rules and regulations as Vail Holdings may prescribe. This interim area will be so used as a commercial loading/delivery site only outside of ski season (i. e., the period for Vail Mountain ski operations established by Vail Holdings or its affiliates) unless construction of the Front Door Loading/ Delivery Facility does not commence by June 20, 2006, in which case this interim area will then be established as ayear-round commercial loading/delivery site, with Vail Holdings to expand its facilities as depicted on Exhibit E-2 hereto, and with the corresponding removal of Chairlift 1, but subject to procurement of the requisite governmental approvals therefor (and Vail Holdings and/or its affiliates will apply for those requisite governmental approvals for such year-round use by February 1, 2006, in the event construction of the Front Door Loading/Delivery Facility has not commenced by that date). The required use of this interim area for loading/delivery functions will cease when the construction of the Front Door Loading/Delivery Facility has commenced, as evidenced by the issuance of a building permit therefor. (b) Vail Holdings will exercise commercially reasonable efforts to begin the construction of the Front Door Loading/ Delivery Facility by June 20, 2006, subject to the prior satisfaction of the following conditions and to paragraph 4(c) below: (~) Vail Holdings completes the closing of a land exchange with USFS whereby Vail Holdings acquires from USFS the remaining parcel of USFS property which is requisite to the undertaking of the Front Door Project. Vail 609681.6 RCFISH 04/15/04 3:33 PM 7 6 Holdings will exercise good faith efforts (subject to its ordinary business judgment) to complete this exchange, and within thirty (30) days after the closing of the exchange, will make application to the Town for the annexation of the acquired exchange parcel and its initial zoning consistently with the Front Door Development Plan. (ii) Vail Holdings secures and maintains in effect pre-sale agreements for the conveyance to third-party buyers of 9 residential units to be developed within the Front Door Project made upon satisfactory pricing and other terms, as determined in Vail Holdings' ordinary business judgment. (iii) Vail Holdings and the Town make a development agreement for the Front Door Project, and Vail Holdings obtains from the Town and other applicable governmental authorities all subdivision, platting, development, building permits and other licenses, permits, approvals and actions which are necessary for-proceeding with construction of the Front Door Project on terms satisfactory to Vail Holdings as determined in its ordinary business judgment. (iv) Vail Holdings obtains satisfactory approvals from affected private property interests that are necessary to proceeding with construction of the Front Door Project, as determined in Vail Holdings' ordinary business judgment. (v) The undertaking of the Front Door Project, or any component thereof, is not being contested in or the subject of adverse claims in any litigation or legal proceedings hereafter commenced. (c) The commencement of construction for the Front Door Project will be further subject to delays caused by the occurrence of any force majeure events, which shall mean any event or circumstance beyond the reasonable control of Vail Holdings, including, without limitation, labor strikes or lockouts, power shortages or failures, unavailability or shortages of materials, acts of God, acts of terrorism or war, inclement weather of such severity as to preclude continued work under prevailing industry standards, customary construction season limitations under prevailing industry standards or any construction moratorium or other governmental action or inaction. 5. Project Platting. The Property is presently subject to certain pre-existing parking easement rights in favor of third parties (the "Easement Holders"). The Town acknowledges that Vail Holdings wishes to convey to the Easement Holders, in fee simple, the paved surface parking area to be incorporated within the Project in exchange for their relinquishment and quitclaim of their pre-existing easement rights. The surface parking area is intended to be a fee estate severed from and independent of a separate fee estate for the subterranean garage facilities. In furtherance thereof, the Town agrees that the Property inay be platted using a three-dimensional methodology, such that the surface parking area and the air space above it (and perhaps some portion of the subterranean areas below it) are established as a discrete subdivision lot, separate and apart from the subterranean area that will house the subterranean garage facilities within the Project. Following the initial establishment of the three-dimensional subdivision plat, Vail Holdings will be permitted, for purposes of conforming the plat's 609681.6 RCFISH 04/15/04 3:33 PM O d horizontal and vertical boundaries and dimensions to the "as-built" surface and subterranean parking and garage improvements within the Project, to modify the plat by resort to the Town's administrative plat correction procedures under the Code § 13-13-1, et seq. (or any Code provision hereafter adopted in lieu thereof), but in any case the plat as so modified will still retain the benefits of the encroachment easements under the bargain and sale deed referred to in paragraph 2 above. 6. [Intentionally Omitted] 7. Scope of Obli ations. This Agreement sets forth the full scope of any and all public or other improvements, dedications and exactions that may be required of Vail Holdings in relation to the undertaking of the Project, and no public or other improvements, dedications or exactions or other development conditions may be required of Vail Holdings in connection with the Project except for those expressly provided for in this Agreement. The provisions of this Agreement satisfy any and all requirements under the Development Approvals for the provision of public improvements, dedications or exactions, and requirements under the Code for the making of agreements that govern improvements or for the provision of related security. The specific provisions of this Agreement will be controlling over any inconsistent or conflicting provisions in the Code or any other Town rules, regulations or requirements of general applicability, including, without limitation, Code § 13-3-8 and § 13-3-14. The 3-year period under Code § 13-3-17, as applied to any plat now or hereafter inclusive of the Property, will be extended as necessary to expire no later than the date that Vail Holdings is required to complete the Off-Site Improvements pursuant to paragraph 3(e) hereof. 8. No Obligation to Develop. Notwithstanding any implications to the contrary under the other provisions of this Agreement or under the Code or other rules, regulations or standards of the Town, Vail Holdings (i) does not and will not have any obligation to undertake and develop the Project, (ii) will have no liability to the Town or to any other party for any failure to develop the Project, and (iii) will not have any obligations to complete any dedications or public improvements under this Agreement independently of the commencement and undertaking of the Project. 9. Liability of Successors. The provisions hereof touch and concern and run with the ownership of the Property. However, any successor owner to Vail Holdings with respect to any portion of the Property or Project will not have any personal liability for any of Vail Holdings' obligations hereunder, except to the extent such successor (i) succeeds to Vail Holdings' position as the owner/developer of the Project before it is initially completed (as evidenced by the issuance of any certificate of occupancy therefor), or (ii) otherwise accepts an express assignment of and expressly assumes any or all obligations of Vail Holdings hereunder by recorded instrument. Upon any record assignment to and assumption by any successor owner of any of Vail Holdings' obligations hereunder, Vail Holdings shall be released from all further liability for those obligations so assumed (and any assuming successor will in turn have the ability to secure its own release of liability in the same manner pursuant to an assumption by another subsequent transferee). In addition, the Town agrees to cooperate reasonably and diligently in furnishing recordable releases and terminations of this Agreement, or for discrete portions of the requirements ~ hereunder, as and when the relevant requirements have been satisfied. Subject to the foregoing provisions, (i) this Agreement shall be binding upon and inure 609681.6 RCFISH 04/I6/04 3:33 PM 9 1 to the benefit of Vail Holdings and its successors and assigns, and. (ii) references herein to "Vail Holdings" shall be construed to include its successors and assigns from time to time. 10. [Intentionally Omitted] 11. Project License Grants. The Town acknowledges that certain elements of the Project (e.g., access stairways and garage entrances and exits) may encroach into Gore Creek Road, Hanson Ranch Road, or other public areas owned by the Town. The Town specifically agrees that to complement and support the Project, the Town will grant (and Town Council, by its approval of this Agreement, irrevocably authorizes the Town Manager to execute and deliver) irrevocable licenses in perpetuity (coupled with an interest) to Vail Holdings and its successors to allow for the use and enjoyment of any Project elements that may give rise to such an encroachment. Such. licenses will be established by agreements made on terms reasonably acceptable to Vail Holdings and the Town. (The foregoing is cumulative with and in addition to the encroachment easements provided for in the bargain and sale deed referred to in paragraph 2 above.) Conversely, Vail Holdings agrees that it will grant to the Town, in the form attached hereto as Exhibit F and as a condition to the issuance of any certificate of occupancy for the Project, a "Park Easement Agreement" to establish a public park use for the open space/park area that Vail Holdings is to establish within a portion of the surface of the Property in connection with the development of the Project. The Town agrees to join in and make the Park Easement Agreement with Vail Holdings upon request. 12. Notices; Business Days. Any notice required or permitted under the terms of this Agreement shall be in writing, may be given by the parties hereto or such parties' respective legal counsel, and shall be deemed given and received (i) when hand delivered to the intended recipient, by whatever means; (ii) three (3) business days after the same is deposited in the United States mails, with adequate postage prepaid, and sent by registered or certified mail, with return receipt requested; (iii) one (1) business day after the same is deposited with an overnight courier service of national or international reputation having a delivery area encompassing the address of the intended recipient, with the delivery charges prepaid; or (iv) when received via facsimile on the intended recipient's facsimile facilities accessed by the applicable telephone number set forth below (provided such facsimile delivery and receipt is confirnied on the facsimile facilities of the noticing party). Any notice under clause (i), (ii) or (iii) above shall be delivered or mailed, as the case may be, to the appropriate address set forth below. If to Vail Holdings: c/o Vail Resorts Development Company Post Office Box 959 137 Benchmark Road Avon, Colorado 81620 Attention: Jack Hunn, Vice President of Design and Construction Fax No.: (970) 845-2555 Phone: (970) 845-2359 ', 609681.6 RCFISH 04/15/04 3:33 PM 1 0 with a copy to: c/o Vail Resorts Development Company Legal Department Post Office Box 959 137 Benchmark Road Avon, Colorado 81620 Attention: Kursten Canada, Esq. Fax No.: (970) 845-2555 If to Town: Town of Vail 75 S. Frontage Road Vail, Colorado 81657 Attention: Town Manager Fax No.: (970) 479-2157 with a copy to: Town of Vail 75 S. Frontage Road Vail, Colorado 81657 Attention: Town Attorney Fax No.: (970) 479-2157 Either party may change its addresses and/or fax numbers for notices pursuant to a written notice which is given in accordance with the terms hereof. As used herein, the term "business day" shall mean any day other than a Saturday, a Sunday, or a legal holiday for which U.S. mail service is not provided. Whenever any date or the expiration of any period specified under this Agreement. falls on a day other than a business day, then such date or period shall be deemed extended to the next succeeding business day thereafter. 13. Severability. In the event any provision of this Agreement is held to be illegal, invalid or unenforceable under any present or future laws, the legality, validity and enforceability of the remaining provisions in this Agreement shall not be affected thereby, and in lieu of the affected provision there shall be deemed added to this Agreement a substitute provision that is legal, valid and enforceable and that is as similar as possible in content to the affected provision. It is generally intended by the parties that this Agreement and its separate provisions be enforceable to the fullest extent permitted by law. 14. Exhibits. All Exhibits to this Agreement which are referenced by the provisions hereof as being attached hereto are deemed incorporated herein by this reference and made a part hereof. 15' Entire Agreement. This Agreement and the other contracts or agreements specifically referred to herein represent the entire agreement between the parties hereto with 609681.6 RCFISH 04/15/04 3:33 PM 11 respect to the subject matter hereof, and all prior or extrinsic agreements, understandings or negotiations shall be deemed merged herein. 16. Estoppel Certificate. At any time and from time to time (but upon not less than ten (10) days' prior notice by Vail Holdings), the Town shall execute, acknowledge and deliver to Vail Holdings and its designees an estoppel certificate in writing certifying that this Agreement is unmodified and in full force and effect (or if there have been modifications, that this Agreement is in full force and effect as so modified, and stating the modifications); that Vail Holdings is not in default of any obligations, conditions or requirements hereunder, except as otherwise specified in the response; and. such other matters and information related to this Agreement as may be reasonably requested. Failure of the Town to furnish its response within the requisite 10-day period shall be conclusive upon the Town that the matters requested for disclosure are in the status most favorable to Vail Holdings, as determined by Vail Holdings. 17. Rules of Construction. The headings which appear in this Agreement are for purposes of convenience and reference and are not in any sense to be construed as modifying the paragraphs in which they appear. Each party hereto acknowledges that it has had full and fair opportunity to review, make comment upon, and negotiate the terms and provisions of this Agreement, and if there arise any ambiguities in the provisions hereof or any other circumstances which necessitate judicial interpretation of such provisions, the parties mutually agree that the provisions shall not be construed against the drafting party, and waive any rule of law which would otherwise require interpretation or construction against the interests of the drafting party. References herein to the singular shall include the plural, and to the plural shall include the singular, and any reference to any one gender shall be deemed to include and be applicable to all genders. The titles of the paragraphs in this Agreement are for convenience of reference only and are not intended in any way to define, limit or prescribe the scope or intent of this Agreement. 18. Town Council Approval. This Agreement shall not become effective until the Town Council's adoption and approval of this Agreement by resolution. As part of that resolution, the Town Council will designate and authorize the Town Manager to execute and deliver this Agreement on behalf of the Town. The effective date of this Agreement shall be the date upon which this Agreement has been executed and delivered by Vail Holdings and so executed as set forth above by the Town Manager. 19. Waivers and Amendments. No provision of this Agreement may be waived to any extent unless and except to the extent the waiver is specifically set forth in a written instrument executed by the party to be bound thereby. No modification or amendment to this Agreement shall have any force or effect unless embodied in an amendatory or other agreement executed by Vail Holdings and the Town, with the Town's execution to be authorized by Town Council ordinance or resolution, as applicable. However, if, on behalf of the Town, the Town Manager, after consultation with the Director of Community Development, determines that any proposed amendment or modification constitutes a minor change, then the Town Manager shall have the unilateral power and authority to execute and deliver such amendment or modification on behalf of the Town and to bind the Town. thereby. In any event the Town Manager will have ~, the unilateral power and authority to execute on behalf of the Town and furnish any estoppel G09G81.6 RCFISH 04/15/04 3:33 PM 12 certificates, approvals or other documents or communications contemplated by the provisions of this Agreement, including the Exhibits hereto. 20. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. 21. Additional Assurances. The parties agree to reasonably cooperate to execute any additional documents and to take any additional action as may be reasonably necessary to carry out the purposes of this Agreement. 22. No Third Party Beneficiary. Except for the corporate affiliates of Vail Holdings (including The Vail Corporation), who are expressly intended to be third-party beneficiaries of Vail Holdings' rights hereunder, no third party is intended to or shall be a beneficiary of this Agreement, nor shall any such third party have any rights to enforce this Agreement in any respect: Vail Holdings' "corporate affiliates" will include any entity which by direct or indirect majority ownership interests is controlled by, controls, or is under common control with Vail Holdings. 23. Counternarts. This Agreement may be executed in counterparts, each of which shall constitute an original, and which together shall constitute one and the same agreement. 24. Recording. This Agreement shall be recorded in the real property records for Eagle County, Colorado. 25. No Joint Venture or Partnership. No form of joint venture or partnership exists between the Town and Vail Holdings, and nothing contained in this Agreement shall be construed as making the Town and Vail Holdings joint venturers or partners. 26. Attorneys' Fees. In the event any legal proceeding arises out of the subject matter of this Agreement and is prosecuted to final judgment, the prevailing party shall be entitled to recover from the other all of the prevailing party's costs and expenses incurred in connection therewith, including reasonable attorneys' fees (and the presiding court will be bound to make this award). [Balance of Page )Intentionally ]Left Blank] 609681.6 RCFISH 04/15/04 3:33 PM 13 IN WITNESS WHEREOF, the Town and Vail Holdings have made this Lot P-3 Development Agreement effective as of the day, month and year first above written. TOWN: TOWN OF VAIL, a municipal corporation duly organized and existing by virtue of the laws of the State of Colorado By: Name: Title: Town Manager ATTEST: Lorelei Donaldson, Town Clerk STATE OF COLORADO ) ss: COUNTY OF' ) The foregoing instrument was acknowledged before me this day of 200_, by as Town Manager of the Town of Vail, a municipal corporation duly organized and existing by virtue of the laws of the State of Colorado. Witness my hand and official seal. My commission expires: Notary Public [Signature Blocks Continue on Following Page] r r 609681.6 RCFISH 04/1.5/04 3:33 PM 14 VAIL H®LI)YllTGS: VAIL ASSOCIATES HOLDINGS, LTD., a Colorado corporation By: Name: Title: STATE OF COLORADO ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me this day of 200_, by as of Vail Associates Holding, Ltd., a Colorado corporation. Witness my hand and official seal. My commission expires: Notary Public 609681.6 RCF(SH 04/15/04 3:33 PM 15 >E~IgB~'F A Lot P-3, according to the subdivision' plat entitled "Lot P-3, Vail Village Fifth Filing," and recorded March 17, 2004 at Reception No. 871030, County of Eagle, State of Colorado. 614623.1 LJFINN Apr-15-04 15:33 From- T-857 P.002/014 F-109 ERHIBIT B-1 Parcel rJescri tion ~ ' A parcel of ]and located within Tract E; a Resubdivision of Tract E, Vai] Village, Fifth Filing; and a Part of Lot e, Block 5-C, Vail Village, First Filing and Golden Peak House, 'Town of Vai], Eagle County, Colorado, recorded under Reception No. 562007 at the Eagle County Clerk and Recorder, more particularly described as follows: Beginning at the Northwest corner of Lot ],Block ], Vail Village, First Filing; whence the Northeast comer of Lot 2, Block 1, Vail Village, First Filing bears N 79°45'00" E a distance of 250.00 feet, said line being the Basis of Bearing for this description. Thence N 07°40'08" W a distance of 70.] 5 feet; thence N 57°36' 12" E a distance of 30.20 feet; thence N 51°50'20° E a distance of 73.70 feet; thence N 53°08'09" E a distance of 25.46 feet to a point of curvature; thence 50.36 feet along an Arc of a curve to the right having a Cenval Angle of 48°05'09", a Radius of 60.00 feet, a Chord which bears N 77°10'] 0" E a distance of 48.89 feet; thence S 22°05'29" E a distance of ] 4.35 feet; thence S 55°48' ] 8" E a distance of 22.50 feet; thence S ] 0°] 8'53" E a distance of 29.60 feet; thence S 34°38' 15" E a distance of 63.86 feet; thence S 49°49'54" E a distance of ] 5.58 feet to a point on the North line of said Lot 2; Block 1, Vail Village, First Filing; thence along said Nonh line S 79°45'00" W a distance of 223.20 feet to the True Point of Beginnine, said Parcel containing 0.485 Acres more or less. Brent Bisgs PLS#27598 For and on the behalf of Peak Land Consultants, Inc C:\Program FileslWinZip\Temp~irateShip-Lease_doc a a cn cn m T O /~ n p N v 0 0 ... 0 .t-+ T m Apr-15-04 15:33 From° T-857 P.004/014 F-108 F~IBIT S-~ Legal Description A l 5 foot u~de Drainage Easement lying 7.5 feet Northerly and Southerly of the following described centerline, located within a Resubdivision of Tract E, Vai] Village, Fifth Filing, and a Part of Lot c, Block 5-C; Vail Vi]]age, First Filing and Golden Peak House, Town of Vail, Eagle County, Co)orado, recorded under Reception No. 562007 at the Eagle County Clerk and Recorder, the sides of said easement lengthens or shonens at the boundaries, said centerline being more particularly described as follows: Commencing at the Northwest corner of Lot 1, Block 1, Vail Village, First Filing; whence the Northeast corner of Lot 2, Block 1, Vai] Village, First Filing bears N 79°45`00=' E a distance of 250.00 feet, said lane being the Basis of Bearing for this description. Thence N 07°40'Og°' lA1 a distance of l 6.85 feet to the True Point of Beginning; thence N 7] °I3'l 8" E a distance of 97.] 0 feet; thence N 34°48'05" E a distance of 78.13 feet to the Point of Terminus; said Farce] containing 0.060 acres more or less. Brent Biggs PLS#27598 For and on the behalf of Peak Land Consultants, ]nc. C:\Program Files\WinZip\Temp\Drainage.doc GaOLDEN PEAK ._ ~ HOUSE / oP / / ~P~1 , / / ~ / P t / ~ { 1 ~/ ~// /~~ ,'y ~ - ~ 1, / ° 1 / / O .y J / . _ / I5. n' yr DE OR AINAGC _ CASCMCNT •''' '' 10.0' 1 ~~ 10.0 ~ G ,_ ~ l z a~ 7 J .fl O ~3 ~~ ~ ~ v TRACT E i .. VAIL ViLLAGC ~ o L1FTH fILiNG °= ' VAIL RESORTS ~ ~ 16. B5' , \~ YN 3 l ~'' ir, i «~ PCDCSTRIAH ~ BRIOGE 1 ~ 1 ~ ~ A 7~ \ A ` \ \ .' \ \ \ ` \ I J ~~ \ ~ ' LOGE OG ` \ \ \ • MILL CREEK \ \ \ \ 1 ~, \ \ i ~ \ ~ \ ~ P.D.T, \ TRaci E . •~• VAIL VILLAGE FIFTH FlUNC c vaL AcsoRrs Irk \ •\ ~ ~~ NJ4'4B'05"C ~ \ PROPOSCD (PAR1 Of TRACT E) ~~ '• 0.485 ACRES ~ (~ \. ~~ { ^'-- I ~ N717J'IB~E Zp ~1 ~ 97.10' S~9y5~~w I~B~S ~ ~ARN1G~ -~ ~g0,00 57B'A50'D.W , T.P.O.B,. t2S.00• Tli9'A5~00 C y LOT 1 eLacx 1 VA1L VILLAGE f1RST RUNG LIP~E TA[3LE _ LILAC lCNG1N RL ARIIIG U 30.70' 115736'12"C l2 7].70' N51'S0'70"C lJ 75.45' NSJ'08'09"C La lags' szzros'zs'E LS 22.50' 555'48'18"C L6 29.60' S10'18'SJ"C L7 6J b6' 534'38'15"L Le 15 58' 549'49'54'[ LOT ? BLOCK 1 VAIL Y.LIAGE FlRST fILINC DRAINAGE EASEMENT n A RESUBDIV1S1ON OF TRACT E. VAIL VILLAGE FIFTH ;:I :, FILING AND A PART OF LO7' c, BLOCK 5-C, VAIL , „ ~ ,~ ~~ ,,,~ VILLAGE FIRST FILTNG AND GOLDEN PEAK HOUSE .~ TO~fI OF VAIL, COUNTY OF EAGLE, COLORADO -~-^-~'°'-~~ a v 1 cn cn 0 n O Ty T7 ' v 1 m v 0 0 _~ A. m r..._ ' Apr-15-04 15:34 From- T-857 P.006/014 F-109 ~3CHIBIT B-2 (conte) Legal Description f1n Electrical Easement located within a Resubdivision of Tract E, Vail Village, Fifth Filing; and a Part of Lvt c, Block 5-C, Vai] Village, First Filing and Golden Peak Nouse, Town of Vail, Eagle County, Colorado, recorded under Reception No. 562007 at the Eagle County Clerk and Recorder, mare particularly described as follows: Beginning at the Northwest corner of Lot ] ; flock ],Vail Vi]]age, First Filing; whence the Northeast corner of Lot 2, Block 1, Vail Village, First Filing bears N 79°45'00" E a distance of 250.00 feet, said line being the Basis of Bearing for this description. Thence N 79°45'00" E a distance of ] 0.01 feet; thence N 07°40'08" 1~7 a distance of 17.00 feet to the True Point of 13eeinnine; thence N 07°40'08" i~V a distance of 28.00 feet; thence N 82°] 9'52'' E a distance of 22.00 feet; thence S 07°40'08" E a distance of 28.00 feet; thence S 82°19'52" 1U a distance of 22.00 feet to the True Point of Beginnin , said Parcel containing 0.014 Rcres more or less. Brent Biggs PLS#27598 For and on the behalf of Peak Land Consultants,lnc. C_\Program Pi]es\\A1inZip\Tcmp~lec-3=xlvbit_doc GOID[N PEAR ._ HWSE ) ~/ / / QP~ / ~ y~ 1 ' ~ / / 1 ` ~ /~ / ~ e o ~~ / ~ ~ a / / / .~'~ ~ N07'40'OS"W 2B.OD' `10.0 _ 1D.9 m c N82'19'S2'E 0 x ~ !1 Z p > r~ ~ 9v S ~i ` ~ ~ ` J TRACT E 1 J VAIL V1LlAGE ' Q FIFTH FlUNG a VAIL RESORTS 17,0' G~ M~ Z 22.00' 507'40'08'[ !~ ze.oo' CLCCIRICAL ..~ [ASCIAENi 582'19'52' W 22.00' T,P,O.B, ___ ~ t2`.ti0~~ 10.01' IPEDC S>iHfAN BRIDCC ~ ~ j ` ~ PHUT pA~ ~ I p ~~~ ~ ~ ~ t \ ~ ~ 1 ~ ~ ~ ~s ~ ~\` \ i ~ CDGC dr \ \ ~ ~ • AIIIL CRECK ~ ~ \ \ 4 ~ \~ \\ ••` TRACT E VAIL NILAGC F1FTH TILING ' VAIL RESOT4T5 ~ ~ ~ `, ~+~ \ ` \ pROPOSEO (PART OC TRACT E) ~ `• ~ 0.485 ACRES ~ \, .~ _„ _ 125.00 579•45'DD' OT W _ ~B aShsV 9EARVNG3 X0.00 579'45 p0•W - LOT 1 BLOCK 1 VAIL VILLAGE FlRST FlUNG CURVE 7A6LE CURVE DEUq RADIUS LCNGTH TANGCNT CHORD CHORD SCARING GI 48'x5' 9' bD.00' SD,36' 26.77' 4B.e9' N7790'44' LOT 2 BLOCK 1 VAIL NLIAGE CIRST FlL1NG LINE T A6lE [III[ iCNGTH BCARIIIG L1 JO.ZO' N57'J6'I2"C LT 13.70' N51'30'ZO"C L3 75.46' 115J'DB'09"L L4 14.35' 522'05'23'[ LS 22.50' 555'48'18"C L6 29,60' 510'18'5]'[ L7 _b3.86' SJA'J8'IS°E l8 I5.58' 549'49'54'[ • ELECTRICAL EASBMENT o A RESUBDMSfON OF TRACT E, VAIL VILLAGE FiFTA ~.~ .:. PiLiNG AND A PART OF IAT c, 9LOCK 5-C, VAIL VILLAGE F[RST FILING AND GOLDEN PEAK HOUSE ".~::~~,~ TOFgN OF VAIL, COUNTY OF EAGLE, COLORADO ~~-'°--°-' Y a 1 1 A cs~ a T A O d M v --~ cmn v 0 0 0 .P T m Apr-15-04 15:34 From° ~ T-857 P.008/014 F-109 INHIBIT B-2 (con~o) Le al Descri tion A 30' Grading and Utility Easement located within a Resubdi~~ision of Tract E, Vail Village, Fifth Filing, and a Part of l.ot c, Block 5-C, Vail Vi]]age, First Filing and Golden Peak House, Town of Vail, Eagle County, Colorado, recorded under Reception No. 562007 at the Eagle County Clerk and Recorder, more particularly described as follows: Beginning at the Northwest cornea of Lot ],Block 1, Vail Village, First Filing; whence the Northeast corner of Lot 2, Block 1, Vai] Village, First Filing bears N 79°45'00" E a distance of 250.00 feet, said line being the Basis of Bearing for this description. ?hence IV 07°40'08" VJ a distance of 74_] 5 feet; thence N 57°36' 12" E a distance of 30.20 feet; thence N 51°50'20" E a distance of 2.98 feet; thence S 07°40'08" E a distance of 82.95 feet; thence S 79°45'00" VJ a distance of 30.03 feet to the Point of Beginning, said Parcel containing 0.053 Acres more or less. Brent Biggs PLS#27598 For and on the behalf of Peak Land Consultants, Inc_ r C:1Program Files11h7inZip\TemplUtiliry fir. Drainage.doc caoEN PEAK HOUSE 1 1 _,~ __- -~ 10.0' Lad -~" `.r.,~!~1 NSt 5010E e O •r.: '~I='s,'.J 2.98' '~i` ~ „~, YIL i ~~,:~ i~s~ Ji 30.20' r ,: _,r , ,~ ,. I.1' L 1~1 t i xxa+.~G ~.,£Pi~,,+I1~3.11." ~~" ~ 82.95'•OB'E I;Q.-~ 'Si Min' I~t ~/~p~' ~ ` / ~P~~ ~ 1 / 4~ / / / // y~ ~ ~ , / ~ / ~ a / o 1 ~ ~'S Z. ~ y r 0 TRACT C t VAIL VILLAGE ' Q fUTH T11JNG ~, VAL RESOflTS N01'4D'OB'W _/ 70.15 G~ 2~ cn r~ 3 Z l -'+ 30.0' GRACNNG AND UTILITY CASCNENT (SHAOCD AREA) YLUL7~~'11FIV DRIDGC ~ ~ 1 ~ ~S ~ J ~ ~ ~ "~ EOG[ OF' ~ ~ ~ ~ • uILL CR[EK \ ~ 1 m \ ~ ' ~ \\ VAIL VILLAGE nvTtl nLaJc ' vaTL ResoRTs ,,,., , ~, ^• ~ PROPOSCD (PART Of TflACT E) ~~ 0.185 ACRCS ~ ~~ \ ~. J1-- 5,~ _ 10' STg'4500~'H `eASCS ~, BfA~c~ 2~'~ STg'4SOO•W - • , ~.•- ila ~:: 12`-ti~ 1199'eS~pO C - LOT 1 BLOCK 1 579'45'00"W - J0,03' PAIL NILAGE FlRST nUNC T,P,O.B. CURVE TABLE CURVE DCLTA RADIUS LCNGTI~ IANGC}JT CHORD GHDRD BEARING C1 48'05'09' 60.00' S0_JJi' 26.77' 4 .b9' N77T0'_44'E UNE TABLC LIIIC ICITGTH BCARIIIG L1 J0.10' IJ51'31i'17"C L2 73,70' N51'50'?0"C L3 25.46' tISJ'OB'09'C L4 14,J5' S22'OS'79'E LS 22,50' 555'40'18"C L6 ?9,60' S10'18'SJ' L7 6J.B6' 534'38'15'[ L8 15.58' S49'49'S4'E LOT I BLOCK 1 VAIL NLIAC[ nRST FlUNC GRADING Jac UTILITY EASEkEN'P o A RESUBDIV1Si0N OF TRACT E, VAIL VILLAGE FIF'T'H w ~, FiL1NG AND A PART OF LOT c, BLOCK b-C, VAIL 'I•• VILLAGE FIRST F1L1NG AND GOLDEN PEAR HOUSE .; :;'~, .~R..~ TOWN OF VAIL, COUNTY OF EAGLE, COL013AD0 -~--'--°^^ a v 1 0 a A n v -1 1 -v 0 0 o_ A T m ~r Apr-15-04 15:34. From- T-857 P.O10/014 F-109 EXHIBIT C-1 IL.e~al Descriptioa~ A Parcel of land located in the Right-of--Way of Hansan Ranch Road, Mail Village, Fifth Filing; according to the Plat thereof recorded November 12, 1965, at Reception No. 102538 in the office of the Clerk and Recorder, County of Eagle, State of Colorado, being more particularly described as athree-dimensional area bounded by upper and lower surfaces whose perimeters are described below, and bounded on its sides by vertical surfaces connecting the perimeters of those upper and lower surfaces: For both the upper and Iower surfaces, beginning at the Southeasterly comer of Lot P-3, according to the subdivision plat entitled "Lot P-3, Vail Village Fifth Filing" (recorded March 17, 2004, at Reception No. 871030), whence the Northeast corner of said Lot P~3 bears N 07°14'02" W a distance of 133.48 feet, which constitutes the Basis of Searing for this legal description, and with elevations for this legal description being based on HARN station "Spraddle", having an elevation of 8287.82 feet (NAND 88); Lower Surface Boundary: Beginning at said Southeasterly Corner of said Lot P-3; thence along the Northerly Right- of-Way line of Hanson Ranch Road, said line being the Southerly boundary line of said Lot P-3, 32.76 feet along an Arc of a Curve to the right, having a Central Angle of 15°37'04", a Radius of 120.17 feet, a Chord which bears N 76°29'43" W, 32.66 feet to a point on said Southerly boundary line of said Lot P-3; thence vertically downward to a point at an elevation of 8153.0 feet, being the True Point of Beginning for the lower surface boundary; thence S 82°45'58" W a distance of 36.79 feet to a point at an elevation of 8153.0 feet; thence N 53°15'06" W a distance of 52.41 feet to a point at an elevation of 8153.0 feet; thence ascending vertically to a point at an elevation of 8155.0 feet; thence N 53°15'06" W a distance of 28.00 feet to a point at an elevation of 8155.0 feet; thence ascending vertically to a point at an elevation of 8156.5 feet; thence N 53°15'06" W a distance of 49.50 feet to a point at an elevation of 8156.5 feet; thence N 09°25'45" E a distance of l 6.18 feet to a point at an elevation of 8156.5 feet; thence 41.34 feet along an Arc of anon-tangent Curve to the right having a Central Angle of 20°04'33", a Radius of 117.98 feet, a Chord which bears S 63°08'35" E a distance of 41.13 feet to a point at an elevation of 8156.5 feet; thence S 53 °06' 19 E a distance of 16.42 feet to a point at an elevation of 8156.5 feet; thence downward vertically to a point at an elevation of 8155.0 feet; thence S 53°06' 19" E a distance of 28.00 feet to a point at an elevation of 8155.0 feet; thence downward vertically to a point at an elevation of 8153.0 feet; thence S 53°06' l 9" E a distance of 46.58 feet to a point at an elevation of 8153.0 feet; thence 32.68 feet along an Arc of Curve to the left having a Central Angle of 15°34'52", a Radius of 120.17 feet, a Chord which bears S 60°53'45" E a distance of 32.58 feet to a point at an elevation of 8153.0 and the True Foint of Beginning for the lower surface boundary. Upper Surface_ boundary: Beginning at said Southeasterly Corner of said Lot P-3; thence along the Northerly Right- of Way line of Hanson Ranch Road said line being the Southerly boundary line of said Lot P-3, 32.76 feet along an Arc of a Curve to the right, having a Central .Angle of C:\WINN71Temporary Internet FileslIE\Temporary Internet Files\OLI~1 E13-d plat ]egal.doc Apr-15-04 15:34 From- T-857 P.O11/014 F-108 (CONT.) 15°37'U4", a Radius of 120.17 feet, a Chord which bears N 76°29'43" W, 32.66 feet to a point on said Southerly boundary line of said Lot P-3; thence vertically downward to a point at an elevation of 8191.0 feet, being the True Point of Beginning for the upper surface boundary; thence S 82°45'58 W a distance of 36.79 feet to a point at an elevation of 8191.0 feet; thence downward vertically to a point at an elevation of 8190.0 feet; thence N 53°15'06" W a distance of 10.56 feet to a point at an elevation of 8189.9 feet; thence N 53°15'06" W a distance of 28.49 feet to a point at an elevation of 8189.9 feet; thence N 53°15'06" W a distance of 28.51 feet to a point at an elevation of 8 ] 88:2' feet; thence N 53°15'06" W a distance of 62.35 feet to a point at an elevation of 8184.0 feet; thence N 09°25'45" W a distance of 16.18 feet to a point at an elevation of 8184.0 feet; thence 41.34 feet along an Arc of anon-tangent Curve to the right having a Central Angle of 20°04'33", a Radius of 117.98 feet, a Chord which bears S 63°08'35" E a distance of 41.13 feet to a point at an elevation of 8187.2 feet; thence S 53°06' 19 E a distance of 29.27 feet to a point at an elevation of 8189.5 feet; thence S 53°06' 19 E a distance of 25.77 feet to a point at an elevation of 8189.4 feet; thence ascending vertically to a point at an elevation of 8190.4 feet; thence S 53°06'19 E a distance of 35.96 feet to a point at an elevation of 8190.8 feet; thence 32.68 feet along an Arc of Curve to the lefr having a Central .Angle of 15°34'52", a Radius of 120.17 feet, a Chord which bears S 60°53'45" E a distance of 32.58 feet to a point at an elevation of 8191.0 and the True Point of Beginning for the upper surface boundary. Gordon S. Page III PLS#29048 For and on the behalf of Peak Land Consultants, Inc. c C:\W1N1J71Temporary Internet Files\IE\Temporary Internet ?:Iles\OLK1E\3-d plat legal.doc i 0 i 0 LINE TABLE ~ ~~ ~O ~~~ '9 UNE LENG7N BEARING 0 \ Li 36.79' 582'45'58°W L2 96.18' N09'25'45"E CURVE TABLE CURVE DELTA RADIUS LENGTH lANGE1iT CHORD CHORD BEARING C1 37'11'56" 120.17' 65.44' 33.55' 84.63' N68'42'17'W C2 15'37'04" 120.17' 32.76' 16.48' 32.66' N76'29'43" C3 15J4'SZ" 120.17' 32.fi8' 16.44' 32.58' N60'53'45"iY C4 20'04'33' 117.98' 41.34' 20.88' 41.13' 563'08'35°E I s' THREE DIMENSIONAL BOUNDARI' DETAIL ~~~ N 0 .~ a N PTI 1 w VILLA VALHALLA :~ CONDOMINIUMS °= APART OF LOT j y (BLOCK 5-A) ~ BOOK 2i1 A7 PACC 310 ~ BOOK SSI Al PAGC 42 OJ m r 70 Z L1 r L~ Ca T_P,O.B. T.P.O. B. UPPER SURF ACC BWNDARY S7C,4L~` ~~~=90' ~llr7NU~fa'NT LEGEND T.P.O.B. ® POUND No. 8 RBBAP. UITN ALUNINUY GP UPPER L.S. No. Y9008 SURFACE BOUNDARY ~ POUND PLY AND GP L.R /Ce. 16817 EXIIIBIT -LOT 9 BELO`9 SUREdCE TEIREE D]bZEi~SI01VAL PARCEL ,~ ~, w~~ K' m ~w°~ r A O ~.. ]E%HgBg'g' C-2 BA1[~GAg1~1 AND SAlL1E Il)ElE><D [Statutory Form -C.R.S. § 38-30-115 (Modified)] TOWN OF VAIL, a municipal corporation duly organized and existing under and by virtue of the laws of Colorado ("Grantor"), whose street address is 75 South Frontage Road West, Vail, Colorado 81657, for good and valuable consideration, in hand paid or received, hereby sells and conveys to VAIL ASSOCIATES HOLDINGS, LTD., a Colorado corporation ("Grantee"), whose street address is c/o Vail Resorts Development Company, P.O. Box 959, 137 Benchmark Road, Avon, Colorado 81620, the real property in the County of Eagle and State of Colorado that is described on Exhibit A attached hereto (the "Property"), with all its appurtenances, but subject to the reservations in favor of Grantor set forth below. 1. Grantor hereby reserves a right of entry in and to the Property in accordance with and subject to the following provisions: (a) The Property, which the Grantor has vacated as part of the Hanson Ranch Road public right-of--way, has been so vacated and is being conveyed under this Deed in order to allow Grantee to integrate the Property as part of a real estate development project to be constructed within the Property and contiguous property owned by the Grantee and legally described on Exhibit B attached hereto (collectively the "Development Site"), which project is intended to incorporate a subterranean parking structure (to be complemented by paved surface parking) and an open space/park area to be allocated to public use by a Park Easement Agreement to be made between the Grantor and Grantee (collectively the "Project"). In connection with the undertaking of the Project: (i) The conveyance under this Deed is subject to the requirement in perpetuity that the Property be used by Grantee only for parking and ancillary uses, and that elements of the parking garage facilities within the Project, as those facilities may be altered, modified, redeveloped or reconstructed from time to time (whether as a result of any casualty to, obsolescence of, or other loss or damage affecting the parking garage facilities, or whether by elective action), must be installed within the Property, or some portion thereof, no later than three (3) years after the date of this Deed (subject to extension under paragraph (ii) below), and thereafter must be maintained within the Property, or some portion thereof (collectively the "Parking Condition"). In the event any such alteration, modification, reconstruction or redevelopment of those parking garage facilities entails any demolition and removal of all parking garage elements from the Property, compliance with the Parking Condition will still be maintained so long as new elements of the parking garage facilities are installed within the Property, or some portion thereof, within three (3) years after all such elements have been initially removed from the Property (again subject to extension under paragraph (ii) below). (ii) The time periods established under paragraph (i) above for the requisite installation of garage facility elements will be extended for any delays 6]3848.5 RCFISH :; caused by any event or circumstance beyond the reasonable control of Grantee, including, without limitation, labor strikes or lockouts, power shortages or failures, unavailability or shortages of materials, acts of God, acts of terrorism or war, inclement weather of such severity as to preclude continued work under prevailing industry standards, customary construction season limitations under prevailing industry standards, or any construction moratorium or other governmental action or inaction. (b) The Parking Condition will be regarded as having failed in the event (i) Grantee ever uses the Property for purposes other than parking and associated uses, (ii) Grantee does not install and maintain parking garage elements within the Property in accordance with the foregoing provisions of paragraph (a), or (iii) Grantee affirmatively elects in writing for a permanent, irrevocable abandonment of the parking garage facilities (in which case the Parking Condition will fail as of the date that such election becomes effective and final, as set forth in the instrument governing the election). In the event a common interest community is established under the Colorado Common Interest Ownership Act ("CCIOA," C.R.S. § 38-33.3-101 et seq., as the same may be subsequently amended or replaced}) that is inclusive of the Property, then the termination of that common interest community by a recorded agreement of the subject owners in accordance with CCIOA shall be deemed an election to abandon under clause (ii) above. An abandonment of the garage facilities within the Property may be effectuated by leaving the garage facilities in place and/or by demolition of the facilities and fill of the Property, or portions thereof, in accordance with the Town of Vail's applicable construction and building requirements. (c) In the event there is ever any failure of the Parking Condition, then the Grantor (as its sole right or remedy in connection therewith) shall have a right of entry for condition broken, such that upon the exercise thereof the Grantor will reacquire fee title to the Property. To exercise this right of entry, the Grantor will be required to record in the real property records for Eagle County, Colorado, a notice specifying that it is exercising this right of entry (and. the exercise will also remain subject to applicable requirements of legal process). In addition, in the event elements of the parking garage facility are redeveloped and installed within the Property after any failure of the Parking Condition under clause (ii) in paragraph 1(a) above, but before the right of entry is actually exercised, then the right of entry will cease to be enforceable unless and until there is again another subsequent failure of the Parking Condition. (d) The Grantor, within. ten (10) days after request by notice from time to time, will execute and deliver a written estoppel certificate, made expressly for the benefit of Grantee and any of its designees set forth in such notice, confirming (i) compliance or non-compliance, as the case may be, with the Parking Condition at that time, and (ii) if the right of entry is then exercisable, whether or not the right.of entry has been exercised. Any such estoppel certificate shall be made on any form that Grantee may reasonably prescribe in its request notice, including the incorporation of an acknowledgement for putting the estoppel certificate in recordable form. If the Grantor fails to execute and deliver any requested estoppel certificate within the prescribed 10- 613848.5 RCFISH 2 fl day period, Grantee shall be conclusively deemed in compliance with the Parking Condition at that time. 2. Grantor further reserves for its benefit an easement in and upon the Property for subjacent support for the surface of existing Hanson Ranch Road as it overlies the Property (including portions of Hanson Ranch Road as reconstructed by Grantee in connection with the Project). The foregoing provisions limiting the Grantor's right of entry will not be applied or construed to limit this easement for subjacent support, which will take effect as of the date of this Deed and continue in effect on an uninterrupted basis in perpetuity. This easement for subjacent support will be further governed by the following provisions: (a) Grantee acknowledges that it will be reconstructing portions of Hanson Ranch Road overlying the Property in connection with the Project. In that regard, the Grantee agrees that the Grantor, in connection with the requisite construction approvals, may require that the pertinent portions of Hanson Ranch Road be so constructed that paved street sections can be widened without requiring additional structural modifications, and that pavement, curb, and gutter shall be so constructed that they can be removed and replaced without physically affecting Project structures located within the Property. (b) _ As part of this easement for subjacent support, the Grantee covenants that the Property and the development of the Project therein will furnish adequate support for overlying Hanson Ranch Road for the ordinary use thereof for its intended purposes (and this covenant shall run in perpetuity as part of the easement), and that Grantee will be obligated for any damage to Hanson Ranch Road caused by a failure of such support. However, this covenant shall apply only so long as overlying Hanson Ranch Road is maintained in substantially the same condition in which it exists as of the date hereof (subject to Grantee's reconstruction of portions thereof as referenced above), or any other condition that does not materially add to the support burdens imposed on the Property and Project. Grantee will not have any responsibility or liability for any failure of support which is caused by surface conditions that do not remain in compliance with the foregoing provisions, and Grantor in turn covenants to Grantee that Grantor will not cause or permit any such non-compliant surface conditions that result in damage to the Project, or otherwise cause or suffer damage to the Project arising by, through or under Grantor. (c) Grantee further covenants that it will assume full responsibility for any and all damages incurred to any drainage or other utility facilities of the Town or other utility providers located within Hanson .Ranch Road that arise from Grantee's construction activities in connection with the Project. Any and all replacements or repairs of those facilities which are necessitated by any such damage attributable to Grantee under the foregoing provisions shall be made by the Town at the sole expense of Grantee. (d) Grantee shall indemnify the Town and save the Town harmless from and against any and all costs, claims, or damages arising out of any breach by Grantee of its 613848.5 RCFISH 3 obligations and assumed responsibilities under the foregoing provisions of this paragraph 2. (e) So long as the right of entry has not been exercised under paragraph 1 above, Grantee, at its expense and without cost to the Town, shall procure and maintain in effect a comprehensive general public liability insurance policy with a single occurrence limit of not less than $~ ,000,000.00, and written on an occurrence basis. This coverage shall expressly name the Grantor as an additional insured, and shall specifically furnish a contractual liability endorsement for the Grantee's indemnity and other obligations under the foregoing provisions of this paragraph 2. This coverage shall not be construed as a limit upon the liability of the Grantee for its obligations and responsibilities under the foregoing provisions. The Grantor, as the owner of Hanson Ranch Road, hereby also grants Grantee a perpetual easement appurtenant benefitting the ownership of the Development Site and the Project that permits the existence and continuing maintenance of any encroachments into Hanson Ranch Road by garage or related improvements developed within or adjacent to the Property, whether such encroachments arise from engineering errors, errors in original construction or any reconstruction, restoration, rehabilitation or improvement, any settlement, shifting or movement of any improvements, or any other cause of an unintentional nature, provided that any such encroachment may not have a material adverse effect on the ordinary use and enjoyment of Hanson Ranch Road in its current configuration and composition. However, the foregoing will not be construed to limit the Grantor's ordinary exercise of police powers, as a sovereign municipality, to withhold Project approvals for any material deviations between actual construction and approved plans therefor, and to require correction of such deviations, all in accordance with generally applicable requirements of the Grantor established by the exercise of its police po~~ers. In the event any legal proceeding arises out of the subject matter of this Deed and is prosecuted to final judgment, the prevailing party shall be entitled to recover from the other party all of the prevailing party's costs and expenses incurred in connection therewith, including reasonable attorneys' fees (and the presiding court will be bound to make this award). The terms of this Deed shall be governed and construed in accordance with the laws of the State of Colorado. Exhibits referenced elsewhere herein as attached to this Deed are incorporated herein by this reference. By the Grantee's acceptance of this Deed by its execution in the space furnished below, the terms of this Deed shall be binding upon and inure to the benefit of Grantee and its successors in interest in the ownership of the Property (and all references herein to the Grantee shall be deemed to include such successors in interest). Each successor owner of the Property (including the Grantee named herein) shall be liable only for those obligations of the Grantee hereunder that accrue during the term of such owner's ownership. Furthermore, during any times that the Property is subject to an owners association (established under CCIOA or 'otherwise), then the individual owners will not have any personal liability for the Grantee's obligations hereunder so long as those obligations are assumed by the association. 613848.5 RCFISH 4 Signed this day of , 2004. TOWN OF VAIL, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Colorado ATTEST: sy: Lorelei Donaldson, Town Clerk Name: Title: STATE OF ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2004, by as of the Town of Vail, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Colorado. Witness my hand and off cial seal. My commission expires: Notary Public [~oander of grantee Follows as 1~1ext Page] 613848.5 RCFISH 5 Acceptance of Grantee The undersigned Grantee, VAIL ASSOCIATES HOLDINGS, LTD., a Colorado corporation, hereby accepts the terms of and shall be bound by this Deed. VAIL ASSOCIATES HOLDINGS, LTD., a Colorado corporation By: Name: Title: STATE OF COLORADO ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me this 2004, by as of Vail Associates Holdings, Ltd., a Colorado corporation. Witness my hand and official seal. My commission expires: day of Notary Public 613848.5 RCFISIi IEXIIII$I~' A. [~'o be the legal description attached as ]Exhibit ~-1] 613848.5 RCF(SH ~- l EXHIBIT B. Lot P-3, according to the plat entitled "Lot P-3, Vail Village Fifth Filing," recorded March 17, 2004, at Reception No. 871030. f 613848.5 RCFISH D-1 ., ~ EXHIBIT D VAIL VILLAGE STREETSCAPE IMPROVEMENTS CONTRACTOR BID TALLY i • ; I3ANSON RANCIi ROAD -VAIL RESORTS STREETSCAPE IMPROVEMENTS Janua ~ ry 28, 2004 • ........ . LINE DIV. DESCRIPTION ESTIMATED NO. NO. _ QUANTITY ~ 490 2521 CONCRETE UNIT PAVERS - 80MM 5,800 SF ~. w ' '~~~i - ~;1~ ,.,~ _ , ~ - _ . _ _.. .. .,~ , ...v.. l[ZRIGATION SYSTEM COMPLETE: _ . 1;590 = -. S~ .. - 830 2950 ANNUAL /PERENNIAL BED PREPARA'l'lUN 310 ,. SF ;; .:.: ..: _:. . 840 2950 PICEA PUNGENS, BLUE SPRUCE, 8 FOOT 4 EA ~. . 850 2950 POPULUS TREMULOIDES, ASPEN, 4" SPECIMEN 3 EA CLUMP 860 2950 POPULUS TREMULOIDES, ASPEN, 3 " CALIPER 9 EA ' 870 2950 POPULUS TREMULODIES, ASPEN, 2 "CALIPER 7 EA 880 2950 BETULA GLANDULOSA, BOG BIRCH, #5 CONT. 51 EA 920 2950 RIBES ALPINUM, ALPINE CURRANT, #5 CONT. 30 EA . 930 2950 ROSA FOETIDA'BICOLOR', AUSTRIAN COPPER 16 EA : ROSE, #5 CONT. 940 2950 SALIX EXIGUA, COYOTE WILLOW, #1 CONT. 50 EA • 950 2950 SALIX GEYERIANA, GEYER WILLOW, #1 CONT. 50 EA 970 3300 COLORED CONCRETE CURB AT HANSON RANCH 50 LF ROAD 990 3300/ COLORED CONCRETE BAND 30 SF 2515 1170 4410 STONE STEPS AT PARK 58 SF 1240 4415 STONE VENEER SITE WALL (ARKANSAS VALLEY 94 LF • STRIP STONE VENEER) ~ ~ . 1260 4415 LIGHT POLE AND STONE VENEE BA R SE 3 EA `: (ARKANSAS VALLEY STRIP STONE VENEER) , . 1470 15000 RADIANT SNOWMELT TUBING 5,435 SF . 1480 15000 SNOWMELT SYSTEM CONTROLS 4 EA - ' 1500 15000 SNOWMELT ZONE BALANCING 4 EA 1520 16000 ACCENT LIGHTING 4 EA 1560 16000 EVENT POWER RECEPTACLES 1 .: EA 2 TRASH CANS, 1 SKI RACK . ~_ _ _ . ~i ~~ ~~ -~ -~ -~ ~ o _ - ~UMMIE _ ~ LL ~ ~ ~_ rte. ~A ~ ~ t ~ _ ~ - ~ - - ~.. ^~~_ .. ~ _ ~_~~ M ~ \ ^ 1 f - ~~ ~ . ~ ~ ~ ~ - ~ j ~ ~ p ~ ~' 7.0 i + ~ ~ - ~ " ei rr~~ A ~ a.oa~ i ~ ~ ~, ~ ` ,~`'~A ~ ' ~ ~ 4 ~' ~ ' ° \1 ~ `~ `__^_' -- os~i. _ _ .~ 1 .* ~ 9~* -- '' - ~!-~ i 8185. ~~_~ -~... ~-y- ` , ` ~` ~ \ ~~~'•~~-.a.+=~_i 1 / ~ p~ ,.rte ~~ ~rr'~/ ~ \ ~ P~ / ` • r _~ ~ ~ ~ J ~f =' ~ µ`P ti`s ~r_ 'rr _ , r / ~ ~ ' . 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LOOtEAS t.. _n..•.•• ~ / \ '~ \ \ \ ~ ~ ~ •. ~ ~ ~ ~ _ •' ~ y~ -- :~.:;~; ~ '•;~ 1?~' ~ 8141`, y ', .-.+• ~ \ \ \ \ .. \ ~ 4 •~ \ .•. ' a a -~_ f...~ ~ 0__OSiarnottm e IE1<B)<T F PARK EASEI~IEI~B' AGREEIVIIEN'1<' THIS PARK EASEMENT AGREEMENT (this "Agreement") is made as of the. day of , 2004, by and between VAIL ASSOCIATES HOLDINGS, LTD., a Colorado corporation ("Owner"), and the TOWN OF VAIL, a municipal corporation and political subdivision of the State of Colorado (the "Town"). FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged, Owner hereby grants to the Town, and the Town hereby accepts, an easement (the "Easement") upon, across and over the "Park Area" (defined below) for the use and enjoyment of the same for recreational purposes that are consistent with ordinary uses for public parks within the Town that are of a size commensurate with the Park Area, including, but not limited to, picnicking, sight-seeing, and bird watching (the "Park Uses"), and also for the subjacent support of the surface of the Park Area by those underlying. subterranean areas owned by the Owner. The "Park Area" shall mean that certain real property in the Town of Vail, County of Eagle, State of Colorado, which is presently owned by Owner and is legally described on Exhibit A attached hereto and incorporated herein by this reference. The Easement is granted and accepted upon the following terms and conditions: 1. The Easement shall be for the use and benefit of members of the general public (collectively the "Invitees"), all of whom shall be regarded as invited guests of the Town for purposes of C.R.S. § 33-41-103. It is mutually intended by the parties that the Owner have the full benefit and protection of the provisions of C.R.S. § 33-41-103. The Owner specifically agrees that no charge shall be levied upon and no revenue shall be collected from any Invitee for any entry into the Park Area for the use and enjoyment of the Easement. 2. The Owner may limit and regulate the scope and extent of the uses to be enjoyed as Park Uses, especially given the limited size of the Park Area, as determined by Owner in its ordinary business judgment (including, without limitation, regulations and limitations to protect the Owner's interests in relation to the Park Area), but after good faith consultation with and due consideration of input from the Town, and provided that such limitations and regulations must be generally uniform in nature and may not discriminate between the Owner (or its successors) and the Invitees in the proper enjoyment of the Park Uses. In connection therewith: (a) The Owner may post notices of pertinent limitations and regulations. Any infraction of any posted limitation or regulation, or any use or activity within the Park Area that is unlawful or materially inconsistent with the intended purposes of the Easement, shall be outside the scope of the Easement and may be regarded by the Owner as a trespass upon the Park Area. The Owner will have rights against the pertinent Invitee(s) to exercise such remedies as may ordinarily be available at law or equity for a trespass, and may also preclude access to affected portions of the Park Area for appropriate periods of time and resort to other lawful self-help remedies in order to prevent the continuation or, or mitigate the effects of, any such trespass or series of trespasses. Owner will consult in good faith with the Town before exercising any such, self-help remedy (except in cases of emergency necessitating immediate action, as,~ determined by Owner in its ordinary business judgment). 606416.7 RCFISH (b) In connection with any enforcement action for a trespass, Owner will tte entitled to recover, from the trespassing Invitee(s), Owner's costs of enforcement, including attorneys' fees. Enforcement of Owner's rights under this paragraph 2 will be at Ovmer's sole election, and Owner will have no obligation to enforce its rights for the benefit of the Town or any Invitees. Owner will have no obligation to the Town or any Invitees to establish security for or otherwise police or manage activities within the Park Area. The Easement rights in favor of the Town will include the right to come upon the Park Area and enforce its laws as it may do so in any public place; provided, however, that the Town agrees that it shall solely bear any liability that may result therefrom, and that it shall pay any sums, costs or expenses, including attorneys' fees, that Owner may incur in connection with any such liability or claim thereof. The Easement will not include any rights of the Town to improve or make alterations or modifications to the Park Area. 3. Notwithstanding the Town's acceptance of the Easement grant hereunder, the Town shall not have any obligation or responsibility for maintenance of the Park Area, and any maintenance to be undertaken will be borne solely by or through the Owner. Any landscaping or other improvements to the Park Area will be undertaken in accordance with the generally prevailing legal requirements of the Town as applied to the Park Area (including any arising under any applicable design or development plans approved by the Town). 4. The Easement shall be non-exclusive, and the Owner will retain all rights to use and enjoy the Park Area for any uses or purposes that are consistent with the Park Uses as established hereunder. In any event these retained rights may include, without limitation, the following: (a) The construction, installation and location within the Park Area of paved walks and stairs (and snowmelt facilities therefor), landscaping, park benches, and other furnishings and improvements associated with park or pedestrian uses. Owner will also have the right to alter, modify, maintain or remove any such landscaping, furnishings or improvements from time to time. All furnishings and improvements that may be undertaken shall be in accordance with the Town's generally prevailing development and design requirements, as applicable. (b) Utilities uses, and specifically (and again without limitation) the grant of easements to utility suppliers for the location, use and enjoyment of utility facilities within the Park Area. (c) The construction, modification, alteration, maintenance, use and enjoyment within the Park Area of a pavilion building, vehicular entrances and exits, stairs and stairways, and other improvements and facilities (collectively the "Parking Appurtenances") that provide access to or are otherwise associated with the use and enjoyment of subterranean parking garage facilities to be located in part under the Park Area (the "Garage"). As part of the Owner's rights under paragraph 2, Owner may establish and enforce rules, regulations and measures (including security systems) for purposes of limiting access to and the use and enjoyment of the Parking Appurtenances to owners of interests in the Garage and their invitees. 606416.7 RC~ISH 2 5. Nothing herein shall be deemed or construed as a grant or public dedication of the fee ownership interests in the Park Area, and the Owner shall retain those fee ownership interests in all respects, it being the intention of the parties hereto that the sole property interest conveyed hereunder is and shall be the easement rights in favor of the Town that constitute the Easement, as the same is governed by the other provisions hereof. 6. The term of this Agreement and the Easement shall be in perpetuity; provided, however, that in any event the Town shall retain the power and authority to amend, modify or terminate this Agreement and the Easement pursuant to any further agreement made mutually with the Owner, which further agreement may be approved and adopted by the Town by resort to the same procedures by which this Agreement has been approved and adopted by the Town. 7. In the event any litigation or legal proceeding arises out of this Agreement between the Owner and the Town and is prosecuted the final judgment, the prevailing party shall be entitled to recover from the other (and the presiding court will be bound to award) all of the prevailing party's costs and expenses incurred in connection therewith, including reasonable attorneys' fees. 8. This Agreement shall be binding upon and inure to the benefit of the Town and the Owner and the Owner's successors in interest in the ownership of the Park Area. References herein to the "Owner" shall mean from time to time the party or parties that are then the owner and holder of record fee title to the Park Area. No Owner shall have any liability for obligations, if any, accruing under this Agreement following the term of such Owner's ownership. Rights to enforce the Easement will be and remain vested solely in the Town, and no Invitee shall have any enforcement rights. The Town may not assign or delegate the Easement or any of the Town's rights or obligations hereunder, and at Owner's election any purported assignment or delegation by the Town will be null and void ab initio and/or constitute a breach by the Town of this Agreement. 9. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. 10. This Agreement may be executed in counterparts, each of which shall constitute an original, and which together shall constitute one and the same agreement. [balance of page intentionally left blank] 606416.7 RCFISH 3 IN WITNESS WHEREOF, Owner and the Town have made this Park Easement Agreement as of the day, month and year first above written. VAIL ASSOCIATES HOLDINGS, LTD., a Colorado corporation By:_ Name: Title: STATE OF COLORADO ) ss: COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this day of 2004, by as of Vail Associates Holdings, Ltd., a Colorado corporation. Witness my hand and official seal. My commission expires: Notary Public [Signature Blocks Continued on Neat Page] 606416.7 RCFISH 4 TOWN OF VAIL, a municipal corporation and political subdivision of the State of Colorado STATE OF COLORADO ) ss: COUNTY OF EAGLE ) By: Name: Title: The foregoing instrument was acknowledged before me this day of 2004, by as of Town of Vail, a municipal corporation and political subdivision of the State of Colorado. Witness my hand and official seal. My commission expires: Notary Public 606416.7 RCFISH 5 F,XNTRTT A Legal Deseription for Park Area [To be completed consistently with the final platting for the Project] 606416.7 RC):ISH A-1 FROiyi: Stan Zemler, Town Manager 9~E: Town Manager's Report ®ATE: April 20, 2004 Forest Service/'f'owra o¢ VaiV M®Q.D The US Forest Service is requesting that the Town of Vail sign an MOU that will allow them to contract with the Division of Corrections to cut and stack wild land fuel materials in preparation for controlled burns. The MOU is proposed fora 5-year term and the work will begin in Booth Creek Unit #6 followed by Booth Creek #3. In excess of $40,000 will be contributed by the Forest Service to begin this project now. That money will pay for the DOC Juniper Valley crew to do the immediate work. It is planned that more of this clearing and controlled burn work will be done in future years under this MOU. A motion is required of Council to allow the Town Manager to sign this MOU l' ~~~F~ FS Agreement No. 04-Mi1.1102 Cooperator Tax ID No. Cooperator Agreement No. ~- 4/15/04 MEMORANDUM OF UNDERSTANDING BETWEEN TOWN OF VAIL COLORADO AND UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE WHITE RIVER NATIONAL FOREST This MEMORANDUM OF UNDERSTANDING is hereby made and entered into by and between the Town of Vail Colorado, hereinafter referred to as TOV, and United States Department of Agriculture Forest Service, White River National Forest, hereinafter referred to as Forest Service. A. PURPOSE: To integrate wildland fuel hazard mitigation treatments on White River National Forest and Town of Vail lands. To jointly educate the public about the need for Fire Wise wildland fuel treatments in and around the Town of Vail. To work cooperatively to reduce the hazard of wildland fire in the wildland/urban interface. B. STATEMENT OF MUTUAL BENEFIT AND INTERESTS: The wildland fuel hazard crosses the boundary between the White River National Forest and the Town of Vail. Wildland fire can start on either side of the boundary and spread to the adjacent jurisdiction; so it is mutually beneficial and in the interest of the Forest Service and the TOV to work together to reduce the hazard of wildland fire in the wildland/urban interface. The first priority project will be the completion of Booth Creek unit #6, followed by Booth Creek #3. Thereafter the Forest Service and the TOV will jointly develop a prioritized strategy to manage areas on Town of Vail lands, and National Forest system lands in a manner that will accomplish forest health goals and reduce the hazard of wildland fire in the wildlandlurban interface. Project activities may consist of manual, mechanical, and prescribed fire or a combination of all three. C. FOREST SERVICE SHALL: 1) Take the lead in contract preparation, and developing and preparing all environmental documentation (e.g., NEPA) that will be necessary for the completion of wildland fire hazard mitigation projects. 2) Utilize their own crews and crews under agreement from the State of Colorado Department of Corrections, to accomplish wildland fire hazard mitigation projects on both National Forest system lands and Town of Vail lands. Federal funds (Wyden Amendment) will be used to pay for these crews. FS Agreement No. Cooperator Tax ID No. Cooperator Agreement No. 04-MU-1102 4/15/04 3) Coordinate and plan wildland fire hazard mitigation activities in wildland/urban interface areas. 4) Provide public outreach and education. 5) Provide monetary support to the development and completion of these projects. D. THE TOWN OF VAIL SHALL: 1) Work cooperatively with the. U. S. Forest Service to develop priorities and strategies for addressing wildland/urban fire interface strategies and priorities on Town of Vail land. 2) Provide pubic outreach and education. 3) Provide technical assistance (e.g., mapping) and any available labor for project on both TOV lands and National Forest system lands. 4) Provide monetary support to the development and completion of this project. E. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT: 1. FREEDOM OF INFORMATION ACT (F'OIA). Any information furnished to the Forest Service under this instrument is subject to the Freedom of Information Act (5 U.S.C. 552). 2. PARTICIPATION IN SIMILAR ACTIVITIES. This instrument in no way restricts the Forest Service or the Cooperator(s) from participating in similar activities with other public or private agencies, organizations, and individuals. 3. COMMENCEMENT/EXPIRATION/TERMINATION. This MOU takes effect upon the signature of the Forest Service and the TOV and shall remain in effect for 5 years from the date of execution. This MOU may be extended or amended upon written request of either the Forest Service or the TOV and the subsequent written concurrence of the other(s). Either the Forest Service or the TOV may terminate this MOTJ with a 60-day written notice to the other(s). 4. RESPONSIBILITIES OF PARTIES. The Forest Service and the TOV and their respective agencies and office will handle their own activities and utilize their own .) i FS Agreement No. 04-MU-1102 Cooperator Tax ID No. Cooperator Agreement No. 4/15/04 resources, including the expenditure. of their own funds, in pursuing these objectives. Each party will carry out its separate activities in a coordinated and mutually beneficial manner. 5. PRINCIPAL CONTACTS. The principal contacts for this instrument are: Forest Service Project Contact Philip Bowden Wildland Fuels Specialist White River National Forest PO Box 720 Eagle CO 81631 Phone: 970-328-6388 FAX: 970-328-6448 E-Mail: pbowden@fs.fed.us Forest Service Administrative Contact Calvin Wettstein District Ranger White River National Forest PO Box 190 Minturn, CO 81645 Phone: 970-827-5715 FAX: 970-827-5715 E-Mail: cwettstein@fs.fed.us Cooperator Project Contact John Gulick Fire Chief Town of Vail Fire Department 42 W.Meadow Drive Vail CO 81657 Phone: 970-479-2253 FAX: 970-479-2176 E-Mail: JGulick@vailgov.com Cooperator Administrative Contact Mary Ann Best Paralegal Town of Vail 75 South Frontage Road Vail CO 81657 Phone: 970-479-2460 FAX: 970-479-2157 E-Mail: mbest@vailgov.com 6. NON-FUND OBLIGATING DOCUMENT. Nothing in this MOU shall obligate either the Forest Service or TOV to obligate or transfer any funds. Specific work projects or activities that involve the transfer of funds, services, or property among the various agencies and offices of the Forest Service and TOV will require execution of separate agreements and be contingent upon the availability of appropriated funds. Such activities must be independently authorized by appropriate statutory authority. This MOU does not provide such authority. Negotiation, execution, and administration of each such agreement must comply with all applicable statutes and regulations. ~f FS Agreement No. 04-MU-1102 Cooperator Tax ID No. j Cooperator Agreement No. _ 4/15/04 7. ESTABLISHMENT OF RESPONSIBILITY. This MOU is not intended to, and does .._ ` __ not create,_any right, benefits or trust responsibility; substantive-or procedural, ~ -- enforceable at law or equity, by a party against the United States, its agencies, its officers, or any person. 8. AUTHORIZED REPRESENTATIVES. By signature below, the cooperator certifies i that the individuals listed in this document as representatives of the cooperator are authorized to act in their respective areas for matters related to this agreement. THE PARTIES HERETO have executed this instrument. TOWN OF VAIL, a Colorado municipal USDA FOREST SERVICE corporation Stan .Zemler Town Manager Town of Vail ATTEST: By: DATE Lorelei Donaldson, Town Clerk The authority and format of this instrument has been reviewed and approved for signature. Galvin Wettstein District Ranger White River National Forest DATE Kari Vasenden DATE FS Agreements Coordinator ~. ~ ~ Jerry Mgr Everything was great. We were very happy. We were very pleased. The Security presence was good and very nice. We had to have all our staff on but there was no incidence. Left message for Bob to contact us too ~~®~ ~ Kurt Anding Gallery Director We had a great time. Thanks for checking in with me all night. I appreciated that. ~ ~fl l~n~~~ Russell Owner John Keck Mgr Whitney Mgr Stephanie Mgr Ned No problems or incidents...Everyone was very happy It was a good crowd. Thank you. It was great. We had a lot of fun! Awesome day and awesome night...thanks for the concern We weren't here...we just closed but it was fun! Owner I had pretty good sales that day. Good event...really enjoyed it. I support these events. I only had a few problems with people standing in front of the door. For next week if we can fence around the brick wall to keep people safe it would be nice but understand if it can't happen. ,. `1 ,.. ,~ D'Carln Sylvia,, ... , .Mgr _ , , Thank'you for the tremendous experience,,,It was awesome Sweet Bssil Sam Mgr Thank you for making the accommodation with the tent. We appreciate you helping our customers out. Pleasure to work with you guys. I.od~e at Vail Wolfgang General Manager No problems, no issues..good event. The lampost was the only thing that happened...their electrician fixed it, the person who broke it is paying for it...he knows it was not an act of vandalism...just an accident. I.nsa )~reeno 3ennifer Owner It was really great. We were very worried about it. Having the special security guy really helped. Thank you for your help. Laughing Monkey GiGi Owner Haven't really heazd anything back from the weekend. Thank you for checking in with me. I appreciate that. Left card for manager/owner to contact us Cos Bar Ibr Chib Gore Range Mountain Works Noel Hillis Itirs :.:: ~. ~.,•.y .. fill out a baIlot`- Red Cliff, With less than 400 people, bad nine candii~tes -all of whom have had to boil them drinking water along with the electorate ®n and off over the past sev- eral years. Al®ng with complaining about it, they registered their unhappiness by voting. Half of the town's residents fumed out on ElectiorrL DaY• ~y didn't necessarily boot out all the incumbents - two were re-elected, including the f®rnrer mayor -but they at least spoke, up for themselves and tamed .. t.•vY..uw a.. E.a••a~ •auu a..aavuvaw wis- ing in Minturn. Those, who did vote were clearly against it, ousting the mayor, Earl Bidez, and a councilman who had publicly supported the idea. But less than four of every 10 voters weighed in: The beleaguered trailer park proposal is just the tip of the iceberg lurking in the town's financial future. What the town's leaders do in the next couple of years to raise government revenue will determine whether the town's pipes keep freezing and leaking and whether it solves its other water problems. ~lV YV1V~/lllVlll VAr/lVJ1Vl. LL.UI WVLL1lJ •i,ua~G the Wal-Mart. Supercenter look quaitnt. - '1llG lalllV tamout was Edwards has no town council, of course, going pretty ~ . and we'll see the turnout there for tlbis ¢om the ball fall's commissioner's elections, in which may realize both ,seats that represent Edwards sae weren't payir being contested. The Home Eagle and Gypsum -and even D®t_ - after years of sero -are already the target of big box missed their ~ stores and new housing proposals. Maybe:th Voters there say they like the smafll- had an opp~ town feel of Eagle and Gypsum, but they town charm didn't defend their pastoral charm on Elee_ get and out tion Day. Twenty percent of the voters Road. , ~o blues with these travelers Everyone. had aright to be oncemed. IY was anticipated to e the largest-drawing concert vet held in Vail Village. And ~ere've been some big ones. So we all knew that some- ring huge was about to happen i the village. Ttae good news bout that was - flow does the saying go? ~~ , - fore- ~- warned is forearmed. ~ , So fore- -'~' ~ ~ warmed we k~" were. Merch- ants were ~~ contacted. The event ~~~~ producers upped the ~rmal count of security. Police id fire scheduled extra staff for ~e time frame. The result? ][ did some :search Monday. The police Fund the crowd to be well shaved. They reported very few cidents -probably fewer than ;cur on a typical Saturday night Vail. As for the business communi- I did not speak to everyone. rt I did do a walkabout on ridge Street and Gore Creek rive. The results were enor- ously positive, with comments ce "our day rivaled Christmas"; ales were rockin",; "fantastic"; ;teat -beat last -year's num- :rs by almost double." Even the dge that had been extremely itical beforehand had no issues hatsoever. There are many ways of gaug- g the success of an event. If fun a criterion, it seems we hit a Mme run. Everyone I talked to .came away with the feeling that stuffy old Vail might not be so stuffy after all. People came up from Denver to ski for the day with the advance plan of staying for the concert. Some. even stayed for the night. They spent some time shopping and dining, both before and after. The bars and restau- rants were hopping, and retailers had people in their shops at a time when business isn't usually booming. So if generating sales was part of the criteria, home run two. As for Vail Resorts, their sig- nificant sponsorship was provid- ed to help drive skier numbers at this time of the year and indeed their numbers were "more than anticipated." Home run three: I think there were also a num- ber of other factors that figured in to creating the event.'I know that as part of the team that originated the concept, we were all trying to . bring a new vitality to spring in Vail, a time when reservations have typically been low and sales dwindling. We were motivated by some ideas we picked up while visiting other resorts in 2000-01 on a series of trips that came to be known as the "peer resort" tour.. One of our neighbors north of the Canadian border had such a suc- cessful spring promotion aimed at locals -both current and those who had been locals in a previous life -that we decided to tap into that idea. -We timed our first year to coincide with Vail's 40th anniversary celebration and used it, as the finale event. Spring Back to Vail was expanded to cover two weekends, with this year's 1 @~ ~ ~ linp ski season culminating with the second annual World Pond Skim- ming Championships at Golden Peak next Saturday, followed by a Clarence Clemons concert. For those of you who don't recognize that name, he's the sax player with the Bruce Springsteen band, E Street. So I'd guess, all in all, we had a grand slam. The merchants had a great night; Vail Resorts had increased skier numbers; the TOV~had increased sales tax; and the guests had a GREAT time. This is exactly what we set out to do. We proved that the sea- son isn't over in Mazch. There's still life in "them thaz hills," even as the Easter Bunny is hiding his (her) eggs. Highline Sports deserves credit for pulling it off. They did ~ their homework and prepazed for the worst. Only it never came. They had the help of the town, particularly the police department, and produced an almost flawless first' weekend of the event. Maybe in the future, if we stop being naysayers before we even give things a chance, we can actually stay ahead of the curve. Because of one thing, I am absolutely sure, events like this make us the envy of other Rocky Mountain ski resorts. Any one of them would have killed for such 'an event last weekend. Never mind that it was free to boot. As usual, our biggest prob- lem seems to be that we get in our own way. PREMIER IMPRESSIONS: Another rollicking success story! For the final prize of $5,000, 10 names were drawn and eliminat- ed down to five. They were then given the option of going on or splitting the' money fave ways. Last year, the group said no to the split at 5, 4, 3 and 2. Tflus year's bunch decide a sure thing was better than no thing, at all so they took the first offer. As a result, there were five winners at $1,000 each. FOURTH OF JULY: There will be a new discussi®n of the appropriateness .of holding the Farmers Market on the Fourth of July. A hearing had beers resched- uled for this Thursday (tomor- row) at 4 in the Towrn Council chambers. The topic hac- not been legally noticed when the decision was made to overturn the staff's recommendations. WHAT IS THE DEFINITION OF IS? I normally don't com- merit on national polities in this column, but so help me , I could= n't resist. Last week, Condoleez- za Rice gave sworn put~lic testi- mony about 9/11. Next to follow was none other than BiIIl Clinton. His testimony was given private- ly. They made note, however, that his testimony was not' given under oath. Somebody finally figured out what an insult it is to the Bible to expect him Ho tell the truth about anything. So they just skipped the formality. Cars on the Frontage Road: Saturday, 350. To contact the Town Council, call 479-1860, ext. 8, or a-mail towncouncil@vailgoucvm. To contact Vail Resorts, call 476- 5601 or a-mail vailinf®@vailre- sons.com. For past columns, vaildaily.com-columnists or search: ferry. Kaye Ferry is a longtime observer of Uail government. She writes a weekly column for the Daily. w, cr ad m w, ur w; ag tic bu an be to lay fo: ov ha an sti nip sp do 61 at sc~ its Y ~1 ~ e e a e asp es u~.e ~ April 8, 2004 Overall February sales tax increased 10.5% with Retail increasing 6.7%, Lodging increased 10.6%, Food and Beverage increased 10.9% and Utilities/Other (which is mainly utilities but also includes taxable services and rentals) increased 25.3%. Town of Vail sales tax forms and the Vail Business Review are available on the Internet at www.vailgov.com. We have combined the Town of Vail and Conference Center remittance forms into one form. On www.vail ov.com the form automatically calculates. You enter your information, print the form and mail it with your check. You can download the calculating form by going to E-Services, Form Downloads, right click on Town of Vail Sales Tax Return and select Save Target As. Please remember when reading the Vail Business Review that it is produced from sales tax collections, as opposed to actual gross sales. If you have any questions or comments please feel free to call me at (970) 479-2125. Sincerely, Sally Lorton Sales Tax Administrator February 2004 SALES TAX VAIL VILLAGE February February February 2003 2004 Collections Collections Change _ Retail 311,467 357,.303 1407% Lodging 412,909 458,A19 i 1 ~-09% i Food & Beverage 307,404 340,624 10.8% Other I 6,640 159759 '~ 37.3% Total 1,~~38,420 1,171,705 1?.8% L/ONSWEAD Retail Lodging Food & Beverage Other February February February 2003 2004 Collections Collections _ Change _ 132,974 'D 39,757 i 5.~ °I® ~ 251,062 283,485 12.0% 80, 381 6,470 Total 41~r,887 89, 309 6,623 519,184 2.4% ~' 0.3% Februarr)rr 2004 SALES -TAX C.4SC,4DE V9Lf AGE/EAST VAIUSANDSTONE/WEST VAIL °~®ta~ ~ebruar~ 2003 ~®~~eC$I®~'-S 188,956 170,706 j 69,007 I~, 9,232 437,901 February 2004 ~®~~eCtiOG'~S 177,016 184,795 77,184 8,090 February -- ~har9~_ , -6.3% 8.3% 11.8% -12.4% II :~,~... 447,085 2.1 ~l T' 1~ T®I/VIV l~ebruaryy 2003 ~®99ecti®r~s 24,080 7,657 ~ebra~ary 2004 C®lOecti®ns 27.165 5,483 1,602 1,468 131,057 161,732 164,398 195,848 February ~hanc~e 12.8% -28.4% -8.4% ~ 2304% ~ 19.1% I Februa-7r 2004 S~~ES TAX TOTAL RetaiO ~, Lodging Food ~ ~3everage lJtilities & Other Total February 2003 Collections February 2004 Collections February Change _ 657,477 701,251 6.7% 842,334 931,7$2 10.6% 458,394 508,585 1(~ 9% i 153,399 192,2®4 25.3% - --- - - - _ _--- _ _ - - --- -i 2,1'1'x,604 2,333,822 1Q~.5% 'I'AIia StJMNIAIZY February 2003 Collections February 2004 Collections February Change i FOOD 143,043 135,226 -5.5% LIQUOR 28,283 30,563 8.1 APPAREL 83,238 89,587 7.6% SPORT 286,552 315,382 10.1% JEWELRY 26,531 28,598 7.8% GIFT 16,874 15,089 -10.6% GALLERY 3,555 11,513 223.9% ' OTHER 68,581 74,388 8.5% HOME 820 905 10.4% OCCUPATION T~TA]L 657,477 701,251 6.7% ~~~® ~~ March 27, 2004 To: Vail Town Council Stan Zemler Pam Brandmeyer Judy Camp From: Sally Lorton Re: February Sales Tax On the reverse side, please find the latest sales tax worksheet. I estimate I'll collect another $23,000.00 in February sales tax to bring February collections to $2,346,624.00. If so, we.will be up 11.15% or $235,461.00 from February 2003 and up 10.04% or $214,201.00 from budget. Ski season (November -February) would reflect an increase of 6.2% or $426,664.00. !~ total of $4;46fT,52I':64~ has been collected for the conference center, $2,224,085.16 from lodging and $2,236,436.48 from retail sales. February lift tax is up 11.32% or $58,861.00 from February 2003. So far for the ski season (November -February) lift tax is up 7.8% or $120;738.00 from last ski season. onth 993 994 995 998 997 998 Town of Vail Sales Tax Worksheet 3/27/04 1999 2000 2001 002 003 004 Budget Collectlons Change Budget Irom Variance 2003 Change from Budget January 1,855,364 1,805,707 1,894,597 1,935,782 2,052,569 2,115,359 2,066,459 2,034,529 2,20,547 2,073,481 1,997,091 2,017,203 2,207,637 190,434 10.54% 9.44% February 1,828,766 1,814,495 1,816,107 1,993,389 2,089,673 2,153,121 2,021,486 2,223,670 2,386,321 2,281,833 2,111,163 2,132,423 2,323,624 191,201 10.06% 8.97% Total 3,684,130 3,620,202 3,710,704 3,929,171 4,142,242 4,268,480 4,087,945 4,258,199 4,5x6,$68 4,355,314 4,108,254 4,149,626 4,531,261 381,635 10.30% 9.20% March 1,988,090 2,250,656 2,139,298 2,240,865 2,580,992 2,368,077 2,415,202 2,545,573 2,568,871 2,699,664 2,372,942 '2,396,839 April 864,303 794,668 791,092 966,993 874,427 1,107,334 952,843 926,771 1,043,431 870,875 871,468 880,244 May 257,248 287,315 324,681 318,920 329,783 382,718 370,864 388,121 448,34 414,248 428,919 433,238 ' June 475,161 548,820 590,685 594,907 630,366 633,400 692,811 ' 721,774 781,439 657,707 742,755 t 750,235 July 811,538 892,830 893,483 963,717 1,043,637 1,107,882 1,130,883 1,235,470. 1,157,867 1,044,966 1,075,532 1,086,363 August 825,954 891,566 867,125 990,650 1,073,430 1,183,926 1,050,004 1,038,516 1,124,275 1,084,318 1,029,446 ,1,039,813 September 560,535 725,205 645,902 630,453 637,831 735,608 806,600 817,313 747,766 713,574 679,208 ~ 686,048 October 400,525 408,405 461,791 413,573 472,836 515,531 536,204 547,201 486,570 484,425 508,092 ~ 513,209 November 553,681 594,491 611,147 601,208 707,166 656,596 582,260 691,445 571,783 642,293 591,269 v 597,223 December 1,974,553 1,992,855 1,994,540 2,068,851 2,254,709 2,070,834 1,883,805 2,062,205 1,933,940 2,139,417 2,171,098 2,192,962 Total 12,395,718 13,007,013 13,030,448 13,719,308 14,747,419 15,030,386 14,509,421 15,232,588 15,411,044 15,106,801 14,578,983 14,725,800 4093 East Spruce Way #37 Vail, CO 81657 April 6, 2004 Stan Zemler 75 South Frontage Road Vail, CO 81657 Dear Mr. Zemler, I am writing to thank the Town of Vail Fire Department for a job well done. Earlier this winter a building in our condo complex had a carbon monoxide leak. The response time of the fire department was less than 10 minutes. Within 10 minutes the firemen had evacuated the building, told us no one was to spend the night and had us contact a plumbing contractor. You really don't know how scary a situation like this is until you're put in it. According to the firemen, had the occupants of the building spent the night, they probably would have been dead by the morning. I know the town with the county has been contemplating a consolidated fire district. It is this that concerns me. We probably would have had some very sick people had the response time been much longer than one half hour. One unit when measured had 800 ppm which could cause death within an hour. We are very lucky to live in a town with such great resources and I am glad our complex got to experience this first hand. Although I have no desire to experience or use them again I'm glad we have them. Thanks especially go to Craig Davis, Ryan Sutter and Steven Black of the A Crew that was on duty that night. Sincerely, Betsey Kiehl Vail East Lodging Association Cc: John Gulick °I[°I~~ ~TIlm~~~ ~T~~i~~m ~~r~.~~l ~~~o~~e~~~ th~~~ ~h~ hive h~IPed Preserve ~~t~~c~ ~~~11~11~~ historc~... ;~, _~ La~~e va~~ey Library District invites you to Join us in honoring ~LL,LLJLY~ ~'l-.Il ~®IlJl ~1LJ1Illl®IlllIL®JIJI 2004 Recipients o~ the ~imon-Wa~~Cer Award ~or preserving La~~e County history with introductory remar~CS 6y Peery Curry Dean o~ ~/ai~/~,a~~e ~/a~~ey Campus _ ~ .,:- ~~ ~9 2,00 ~ -; - 2,-~~e]C~. - La~~e Library, 600 roadway ~~ Loca~ ~istory A~cove, 2"`~ Door Eagle Valley Library District Non-Profit Box 240 organization U.S. Postage Eagle, CO 81631 PAID Eagle, CO 81631 Permit# N-50 Cauncil,Staff Town of Vail 75 S. Front ge Rd. W Vail, CO 8165 Ilfllfltillyit~rl,t~l,~~l,f:l.ii.:.l.~---ii__i i i i i 't t f. v N~P1,h~Or ('r-? - G,t1\~t~L.4}, vF0 I ~~: }-i!~l!'~.~L I ~ ~Cov ~n c . ~ i-i.:,-rr ~~;:i-~l':, 1:~:II'~; .I ~,~ll' ~_i,r.:~i ~,_~?l.ii~:1i I_ll~. ~: :C` ~i2 - Mt~~~-C ilr r l - . '.'I"il.lll: I'I~~~ '~/il jl-1~~..~~1=._~~:.... il. SUBSOIL STLTDY FOR I+CIUNDATION DESIGN PROPOSED GI'iVINASIUIVI ADL)ITION RED SANDSTONE ELEMENTARY SCHOOL 551 NORTH L'RONTAGE ROAD WEST . VAIL, COLORADO .IOB N®. 104102 MARCIi 24, 2004 PREPARED ~'OR: FR][TZLEN PIERCE ARCHITECTS ATTN: LYNN FRITZLEN 1650 VAIL VALLEY DRIVE, SUITE C-1 VAIL, COLORAD® 81657 t Parker 303-841-7119 Colorado Springs 719-633-5562 ~ Silverthoine 970-468-1989 ., t T AsLI or Co~TT~IlTTs PUI.POSE AND SCOPE OF STtTD1" ............................................................................ - 1 - PROPOSED CONSTRUCTION ...................................................................:................. - 1 - SI"I'E CONDITIONS ........:......................:....................................................................... - 2 - FIELD EXPLORATION ................................................................................................. - 2 - SUBSURFACE CONDITIONS ...................................................................................... - 3 - ENGINEERING ANALYSIS ~ DESIGN RECOMMENDATIONS ................................................................................. - 4 - ................................................... ............... ........... FOUNDATIONS ...................... 4 - - FOUNDATION AND RETAINING VVALLS ............................................................ - 5 - FLOOR SLABS .......................................................................................................... - 6 - ........................................... UNDERDRAIN SYSTEM ............................................... - - 7 ......................................................................................................... SITE GRADING - - SURFACE DRAINAGE ` - - i LI:MITATIONS ............................................................................................................... - 9 - FIGURE 1 -LOCATION OF EXPLORATORY BORINGS FIGURE 2 -LOGS OF EXPLORATORY BORINGS FIGURE 3 -LEGEND AND NOTES FIGURE 4 -GRADATION TEST RESULTS TABLE 1-SUMMARY OF LABORATORY TEST RESULTS __- i,_. t v PLTP.~'4S>r AND SC~PI'/ OF STUN' This report presents the results of a subsoil study for a proposed gymnasium addition to the Red Sandstone Elementary School, » 1 North Frontage Road West, Vail, Colorado. The project site is shown on Figure 1. The purpose of the study was to develop 4-ecommendations for the foundation design. The study was conducted in accordance with our proposal for geotecluiical engineering services to Fritzlezl Pierce Architects dated Jatluary 26, 2004. We previously conducted a geologic site assessment at the project site and presented our findings in a report dated January 16, 2004, Job No. 104 102. A field exploration program consisting of exploratory borings was conducted to obtain information on the subsurface conditions. Samples of the subsoils obtained during the, field exploration were tested in the laboratory to determine their classification and other ~- engineering characteristics. The results of the field exploration and laboratory testing were analyzed to develop recommendations for foundation types, depths and allowable pressures for the proposed building foundation. This report summarizes the data obtained during this study and presents our conclusions, design reconunendations and other geotecluucal engineering considerations based on the proposed construction and the subsurface conditions encountered. P>~~P®SJED ~®NS7CRUC')1'~®N The proposed gymnasium will be a 2 story steel frame structure with the lower level stepped into the hillside. The exercise facilities alnd entry will be on the lower level next to the parking and the gyiruiasium will be on the second level. Ground floors will be slab- on-grade. Grading for the structure will be relatively extensive with cut depths up to about 25 to 30 feet. Foundation loadings will be relatively heavy and carried mainly by continuous walls. The uphill wall of the gynnlnasium will not have mid span support and alternative methods are being evaluated to reduce unbalanced lateral earth loading on the wall. Job No. 104 102 G°cPteCh t -?- If building loadiligs, locatio~z or grading plans change significantly front those clescribecl above- we should be notified to re-evaluate the recommendations contained in this report. SITE CONDITIONS The project site was in similar- condition to that described in our geologic assessment repoz-l except that the snow depth was less and a trail had been cut for the drill access. The ground surface is steeply sloping down to the south at a grade up to about SU% with about 3 ~ feet of elevation difference across the building footprint. Vegetation consists of grass, weeds and brush. The western part appears to have been cut, possibly by the original construction. The eastern part ol~the site has sage brush which appears natural. The bf,droclc in-the project area generally has a bedding dip down to the west across the hillside slope. There are no natural landslide conditions u1 the project area. FIELD EXPL®RATI®N The field exploration for the project was conducted on February 27, 2004. Two exploratory borings were drilled. at the locations shown on Figure 1 to evaluate the subsurface conditions. The borings were advanced with 4 inch diameter continuous flight augers powered by atrack-mounted CME-45 drill rig. A trail was cut across the building site from the southeast comer to access the upper part of the proposed building site. The trail was then reclaimed after the drilling was completed. The borings were logged by a representative of Hepworth-Pawlak Geotecluiicai, Inc. Slotted PVC pipe.was placed in the uphill boring for water level monitoring. Samples of the subsurface materials were taken with 13/8 inch and 2 inch I.D. spoon samplers. The samplers were driven into the subsurface materials at various depths with blows from a 140 pound hammer falling 30 inches. This testis similar to the standard penetration test described by ASTM Method D-1586. The penetration resistance values \ are an indication of the relative density or consistency of the subsoils and hardness of the 7oU No. 104 102 - ~ Ptech D -, - ~ - bedrocl~. Depths at ~n~hich the samples were taken and the penetration resistance values are. shown on the Logs of E?~plor~tor5 Borings, Figure ?. The samples were returned to our laboratory for review liy the project engineer and testin~T. SUIISUI2.h'ACI; C®NDITIONS Graphic logs of the subsurface conditions encountered at the site are shown on Figure 2. The subsurface conditions encountered were variable, and below a shallow fill depth, consist of mainly siltstone-sandstone bedrock materials at Boring 1 (uphill side] and medium dense silty to clayey sand and gravel with cobbles at Boring 2 (dowr~liill sidej. Drilling in the bedrock with auger equipment was difficult due to its hardness and drilling refusal was encountered in the deposit in apparently cemented rock. The fill materials were mainly granular soils but some construction debris was encountered at Boring 2. Laboratory testing perforned on saulples obtained from the borings included natural ~~- moisture content and gradation analyses. Results of gradation analyses performed on small diameter drive samples (minus 11/2 inch fraction) of the coarse granular soils encountered at )3oring 2 are shown on Figure 4. The laboratory testing is summarized on Table 1. No free water was encountered iri the borings at the time of drilling or when Boring 1 was checked 10 days later. The subsoils were slightly moist to moist and the bedrock was relatively dry. IENCINEIiJRING ANALYSIS The subsurface conditions encountered in the borings are variable but suitable for support of spread footings with relatively low settlement potential. The upper pant of the bedrock is fractured and broken which could pose some stability concerns. We expect that "soil nailing" of the rock to stabilize the cut should be feasible from a geoteclulical viewpoint. Job No. 104 102 ~ tech t -'1- The siie should be observed to finalize our evaluation of the potential roc.ltfall impacts to the sij_e as recommended in our previous geologic site assessment report. DESIGN RECUMII~I>1/NB.4TIONS FOUNDATIONS Considering the subsurface conditions encountered in the exploratory borings and the nature of the proposed construction, we recommend the building be founded with spread footings bearing on the.natural granular soils and bedrock materials. Th.e design and construction criteria presented below should be observed for a spread footing foundation system. 1) Footings placed on the natural granular soils should be designed for an allowable bearing pressure of 3,000 psf. Footings that are placed entirely on the undisturbed bedrock in.aterials (mainnly the back wall) can be designed for an allowable bearing pressure of 5000 psf. Based on experience, we expect settlement of footings designed and constructed as discussed in this section will be about 1 inch or less but could be differential between the different bearing materials. 2) The footings should have a minimlun width of 18 inches for continuous walls and 2 feet for isolated pads. 3) Exterior footings and footings beneath unheated areas should be provided with adequate soil cover above their bearing elevation for frost protection. Placement of foundations at least 42 inches below exterior grade is ' typically used in this al•ea. 4) Continuous foundation walls should be reinforced top and botl:oin to span local anomalies sltch as by assuming an unsupported length of at least 10 feet. Foundation walls acting as retaining structures should also be designed to resist lateral earth pressures as discussed in the "Foundation and Retailning Walls" section of this report. Job No. 104 102 Ga PteCh -~- ;~ All existing fill. topsoil and au;- loose or disturbed soils and rock should be removed ai~d.the footing bearing level eltencied clown to relativel} dense natural granular soils or ledrocl:. If water seepage is encountered, the. footing areas should be de~~~atered before concrete placement-. 6) A representative of the geoteclmical engineer should observe all footing excavations prior to concrete placement io evaluate bearing conditions. FOUNDATION AND RETAINING VdALLS Foundation walls and retailung structtues which are laterally supported and can be expected to undergo only a slight amount of deflection should be designed for a lateral earth pressure computed on the basis of an equivalent fluid utut weight of 50 pcf for granular wall backfill and walls that are up to 15 feet high. A uniform presstre - distribution in psf of 2SH should be used for taller walls where H is the height of the wall in feet. Cantilevered retailung structures which are separate from the building and can be expected to deflect sufficiently to n-lobilize the fiill active earth pressure condition should be designed for a lateral earth pressure computed on the basis of an equivalent fluid tu-ut weight of 40 pef for granular wall backfill. If the baclcfill distance behu-ld the uphill wall is about 4 feet and crushed rock is used as backfill, the earth pressure loading in psf can be reduced to 15H. All foundation and retaining structures should be designed for appropriate hydrostatic and surcharge pressures such as adjacent footings, traffic, construction materials and equipment. The pressures reconunended above assume drained conditions behind the walls and a Horizontal backfill surface. The buildup of water behind a wall or an upward sloping backfill surface will increase the lateral pressure imposed on a foundation wall or retailung strttcttu•e. A.n underdrain should be provided to prevent hydrostatic pressure buildup behind walls. Backfill should be placed in ulufonn lifts and compacted to at least 90% of the maxinnun standard Proctor density at a inoisttue content near optimum. Backf`ill in pavement and Job No. 104 102 ~ t~cFi -C- ~~~all.~va~~ areas should be conipactecl to at least 9;"~ of the maximum sianclard Proctor densit~~. Care should be taken not to over compact il~e bac1~I`ill or use lar~~e equipment near the. wall, sine. this could cause excessive lateral pressure on the ~~all. Some settlement of deep foundation wall bacl~fill should be expected, even if the material is placed correctly, and could result in distress to facilities constructed on the backfill. We recommend granular soils for bacl,filling foundation walls and retaining structures because their use results in lower lateral earth pressures and the backfill will improve the subsurface drainage. Granular wall backfill should contain less than 20°ro passing the No. 200 sieve and have a maximum size of 6 inches. The lateral resistance of foundation or retaining wall footings will be a combination of the sliding resistance of the footing on the foundation materials and passive earth pressure against the side of the footing. Resistance to sliding at the bottoms of the footings can be calculated based on a coefficient: of friction of 0.45 for granular soils and OSO for ~~_ be:droclc. Passive pressure of compacted backfill against the sides of the footings can be calculated using an equivalent fluid uiut weight of 400 pef for granular soil backfill. The coefficient of friction and passive pressure values reconunended above assume ultimate sail strength. Suitable factors of safety should be included in the design to limit the strain which will occur at the ultunate strength, particularly in the case of passive resistance. Granular fill placed against the sides of the footings to resist lateral loads can be assumed to have a moist uiut weight of 1.10 pcf when compacted to at least 95% of the maximum standard Proctor density at a moisture content near optimum. FLOOR SLABS The natural on-site soils and beclroelc are suitable to support lightly to moderately loaded slab-on-grade construction. To reduce the effects of some differential movement, nonstructural floor slabs should be separated from all bearing walls and colunuis with e},passion joints ~vlueh allow um•estrained vertical movement. Floor slab control joints sl°iould be used to reduce damage due to sluii~lage cracking. The requirements for joint Job No. 104 l02 C~CPteCh -7- spacin~~ and slab reinforcement should be established b}~ the designer based an experience and the intended slab use. A minimum '1 inch laver of fi-ee-chaining gravel should be placed beneath basement level slabs to facilitate drainage. This material should consist of minus ?inch aggregate with at least ~U°~~ retained on the No. '1 sieve and less than 2~4, passing, the No. ?UU sieve. ,All fill materials for support of floor slabs should be. compacted to at least 9~% of maximum standard Proctor density at a moisture content near optimum. Required fill can consist of the on-site granular soils devoid of vegetation, topsoil and oversized rock. UNDERDRAIN SYSTEM Although free water was not encountered during our exploration, it has been our experience in mountainous areas and where bedrock is shallow that local perched groundwater can develop during times of hea~ry precipitation or seasonal runoff. Frozen ground during spring runoff can create a perched condition. We reconrunend below-grade construction, such as retainung walls and basement areas, be protected from wetting and hydrostatic pressure buildup by an underdrain system. The dram should extend up the perinneter walls to within about 2 feet o£ ground surface. The drains should consist of drainpipe placed in the bottom of the wall backfill sui7•ounded above the invert level with free-draining granular material. The drain should be placed at each level of excavation ai-nd at least 1 foot below lowest adjacent finish grade and sloped at a minimum 1 % to a suitable gravity outlet. Free-draining granular material used in the underdrain system should contain less than 2% passing the No. 200 sieve, less than 50% passing the No. 4 sieve and have a maximum size of 2 inches. The drain gravel backfill should be at least 2 feet deep. Job No. 104 l02 Pt~ch -b- SITE GFL~DING There will be a risl: of construction-induced slope instability ai the site due to the proposed extensive excavation. «%e understand that the uphill cut urill probably be retained b}~ permanent shoring rather than sloped bacl: into the hillside. V.%e expect that the shoring will be designed b}- a specialty contractor. VJe can review their design when requested. rills should typically be limited to about 10 to 12 feel deep to limit settlement risk. Structural fills should be compacted to at ]east 95°~~ of the maximum standard Proctor density near optimum moisture consent. Prior to fill placement, the subgrade 'should be carefiilly prepared by removing all vegetation and topsoil and compacting to at • least 9~% of the maximum standard Proctor density. The fill should be benched into slopes that exceed 20% grade. Permanent ulnretained cut and fill slopes should be graded at 2 horizontal to 1 vertical or flatter and protected against erosion by revegetation or other means. The risk of slope instability will be increased if seepage is encotultered in cuts and flatter slopes may be necessary. If seepage is encoluitered in permanent cuts, an investigation should be conducted to determine if the seepage will adversely affect the cut stability. SURFACE DRAINAGE The following drainage precautions should be observed during construction and maintained at all times after the building has been completed: 1) Inundation of the foluidation excavations and underslab areas should be avoided during construction. 2) Exterior baclcfill should be adjusted to near optimum moisture and compacted to at least 95% of the maximum standard Proctor density in pavement and slab areas and to at least 90% of the maximum standard Proctor density in landscape areas. 3) The ground surface surrounding the exterior of the building should be sloped to drain away from the foundation in all directions.. We Job No. 104 102 G~ ~tC~C}"1 -9- reconunencl a .minimum slope of 1? inches in the first l U feet in unpa~~r.cl areas and a minimum slope of ~ inches in the f rst 1(1 feel in paved areas. Free-draining ~~~all bacl:fill should be capped ~~~ith about ?feet of the on- site soils to reduce surface water infiltration. 4) Roof downspouts and drains should discharge ~~rell beyond the limits of all bacl:fill. LIMITATI OI\TS This study has been conducted in accordance with generally accepted geotecluucal engineering principles and practices in this area at this time. VJe make no warranty either express or implied. The conclusions and reco>runendations sub>,nitted in this report al-e based upon the data obtained from the geologic site review, exploratory borings drilled at the locations indicated on Figure 1, the proposed type of construction and our experience in the area. Our services do not include detel_7nining the presence, prevention or possibility of mold or other biological contamuiants (MOBC) developing in the futt>re. If the client is concerned about MOBC, then a professional in this special field of practice should be consulted. Our fuidings include interpolation and extrapolation of the subsurface conditions identified at the explorato>y borings and variations in the subsurface conditions may not become evident until excavation is performed. If conditions encountered during constiliction appear different from those described in tlus report, we should be notified so that re-evaluation of the reconunendations may be made. Tlus report has been prepared for the exclusive use by our client for design purposes. We ai-e not responsible for technical interpretations by others of our information. As the project evolves, we should provide continued consultation and f eld services during constiltction to review and monitor the implementation of our recommendations, and to verify that the reconunendations have been appropriately interpreted. Signif cant design changes may require additional analysis or modifications to the recommendations presented herein. We reconunend on-site observation of excavations and foundation Job No. 104 102 G~U~teCh -10- l~eal'lll~' SII'at~t anCl 1:eSt11]~' of strucnu-a] fill h}~ a I'e})1"eSeIltall\'C Of l.~]e ~!t-OleClll]ICclI __ . ___... _engneer____-__ ... P`espectfull}' Submitted, HEPWURTH - PAV~'LAI G)/OI~INIC_AL, INC. EN=.~~~-'oP'4~ o ~~ ~ 5222 , Steven L. Pawlak, P.E * ,, • •~ ~St E~ Reviewed By: `rlo°s :, ~NA;.a~~p J Jr. P.E. cc: Redwuie Engineers-attn: Sean Molloy Peak Land Consultants-attn: George Hussman Job No. 104 102 Gec~tech . i _-„ APPROXIMATE SCALE PROPERTY BOUNDARY 1 "=40' ------- I ~ BUILDING SETBACK' i r ~~ r v ,. ~ ~~ ~ ~ `~~~ BORING 2 ~'. .,, r ::; `r I PROPOSED A"DDITION~~ ~` ~ ' I FINISH FLOOR '' `4 I ELEV: = 36:0 - 1st ~~ . , = 46:0 - 2nd :.! ~~ 11 I ;, I ®BORING 1 ` . 1 ,,~:;~. b `^ b 1 .~ 1 ` / f } ~~-. PROPOSED GRADE ~ ' ~- , '''i,_.'.;I. I L 1- ` ~ I l ~ --- _ , '1't ,~ ~~: ;~ ~ ~ - ~ `' RED SANDSTONE ° `~ ~ I~ ELEMENTARY SCHOOL `\ ~ r ~~ ~ ,,I ,1 a `~~. ^: \ , ~, -- . _ --. -- _ -. -_ , L' _ ~ I _ :;~ i ~~ << ~ , ~~ ~3Y r. f f„°" I Q 104 102 HEPWORTH-PAWLAK LOCATION OF EXPLORATORY BORINGS Figure 1 it GEOTECHNICAL, INC. r 0 5 10 a a~ `` 15 L a a~ 0 ~.~.. 20 25 30 35 BORING 1 BORING 2 ELEV.=8268' ELEV.=8234' PROPOSED 1st LEVEL FLOOR = 8236' 50/2 28/12 .:. °~~ we=s.~ -200=31 . 4' O°. o. 50/3 ~.~ 21 /12 ••:: o- wc=s.s ;p~ +4=38 -200=19 °Cq ~': 50/7 50/2 PROPOSED. 2nd LEVEL FLOOR = 8246' ~ ~, . 5 10 +J a> 15 ~' ~ L a n~ 0 20 25 30 35 Note: Explanation of symbols is shown on Figure 3. HEPWORTH-PAWLAK LOGS OF EXPLORATORY BORINGS Figure 2 104 102 GEOTECHNICAL, INC. LEGEND: ® MAN-PLACED FILL; on-site cut materials at Boring 1, mainly silty clayey sand and gravel below asphalt pavement at Boring 2, some wood and insulation foam trash. °' SAND AND GRAVEL (SC-GC); silty, clayey, some cobbles, passible boulders, medium dense, moist, °o mixed brown. Rock fragments and granitic rock. ,~=~ WEATHERED SILTSTONE-SANDSTONE; medium hard to hard, fractured and broken, slightly moist, mixed brown. ` "~ SILTST~NE-SANDSTONE BEDROCK; hard to very hard, some cemented rock with depth, light brown fi ~. and gray. M.inturn Formation. Relatively undisturbed drive sample; 2-inch I.D. California liner sample. Drive sample; standard penetration test (SPT), 1 3/8 inch I.D. split spoon sample, ASTM D-1586. 21/12 Drive sample blow count; indicates that 21 blows of a 140 pound hammer falling 30 inches were required to drive the California or SPT sampler 12 inches. `~~~ Indicates slotted PVC pipe installed in boring to depth shown. (Boring 1 only) ._+: r: ~~ .: :. +. Practica- drilling refusal. NOTES: 1. Exploratory borings were drilled on February 27, 2004 with a 4-inch diameter continuous flight power aug 2. Locations of exploratory borings were measured approximately by pacing from features shown on the site plan provided. 3. Elevations of exploratory borings were obtained by interpolation between contours on the site plan provided. Logs are drawn to depth. 4. The exploratory boring locations and elevations should be considered accurate only to the degree implied by the method used. 5. The lines between materials shown on the exploratory boring logs represent the approximate boundaries between material types and transitions may be gradual. 6. No free water was encountered in the borings at the time of drilling or when Boring 1 was checked 10 days later. Fluctuation in water level may occur with time. 7. Laboratory Testing Results: WC =Water Content (% ) +4 =Percent retained on the No. 4 sieve -200 =Percent passing No. 200 sieve II 104 102 II GEO1T~CHNICALW INC. ~ LEGEND AND NOTES ~ Figure 3 II ~. d 80 90 100 HYDROMETER ANALYSIS I TIME READINGS i 24 HR. 7 HR 0 -05 MIN. 15 MIN. 60MIN. 13MIN. 4 MIN. 1 MIN. p200 SIEVE ANALYSIS ... ._ _ .. U.S. STANDARD SERIES CLEAR SQUARE OPENINGS 10 20 W 40 Z d f` W H ~ Z W U w 0_ 60 70 X100 100 90 80 70 60 ~ Z_ N Q d so t- Z W U w 40 d 30 20 10 0 .001 .002 .005 .009 .019 .037 .074 .150 •~ •6~ 1.16 236 4.75 9.512519.0 37.5 76.2 12752 203 DIAMETER OF PARTICLES IN MILLIMETERS CLAY TO SILT SANG GRAVEL C08BLE5 FlNE MEDIUM COARSE FlNE. COARS£ GRAVEL 38 % SAND 43 % SILT AND CLAY 19 LIC~UID LIMIT % PLASTICITY INDEX SAMPLE OF: Clayey Sond and Gravel FROM: Boring 2 at 9 and 14 Feet .Combined 104 102 I GEOT~CHNICALW NC. I GRADATION TEST RESULTS I Figure 4 n HEPWORTH-PAWLAK GEOTECHNICAL, INC. TABLE 1 SUMMARY OF LABORATORY TEST RESULTS Job No. 104 102 SAMPLE LOCATION NATURAL NATURAL GRADATION ATTERBERG LIMITS UNCONFINED - BORING DEPTH ift MOISTURE CONTENT %) DRY DENSITY ~ ~~ GRAVEL ~%) SAND ~%) PERCENT PASSING NO. 200 SIEVE LIQUID LIMIT ~%) PLASTIC INDEX %) COMPRESSIVE STRENGTH P5F ,SOIL OR BEDROCK TYPE 2 4 6.7 31 Cla~~ev sand with gravel 9 & 14 combined 6.6 38 43 19 Cla~~e}~ sand and gravel S~~ ~°®u~ ~F v~,I~ Office of the 1~cryor. _~ ___ <... ~°'~''I,, o ~.. Le_{~e~ 5~~~ ~o 75 South Frontage Road d~ail, Colorado 51657 970-479-2106 Fax: 970-479-2157 wewtiv. vailgov. com '~-e-~. ~.e,~~l W~a~,~~ e-~t-'s Sa,~cv~. ~~~~ April 14, 2004 Senator Jack Taylor Colorado State Senate 200 East Colfax Street Denver, CO 80203 Dear Senator Taylor: On behalf of the Vail Town Council, I am writing to ask for your help in opposing House Bill '04-1396 sponsored by Representatives Clapp, Spradley, Mitchell, and Tochtrop, which I understand will go before the State Affairs Committee tomorrow. This bill amends the "regulatory impairment of property rights" statute and restricts counties and municipalities from imposing a "disproportionate public charge" against any particular type of business concern. The bill as written is retroactive. Although the wording is vague, I believe this bill, if passed, would have a negative impact on the Town of Vail and its citizens. As an example specific to Vail, I would like to summarize the very public process the ratification of our Business License Fee, which this proposed legislation would endanger, took. In the late 1980's, work began on coalescing a fee structure representative of all businesses in the community, the fees for which would be directly applied by ordinance to special events and marketing. Obviously, this is our "bread and butter." The original ordinance was presented to Council in the fall of 1988, passed by Council, and ultimately referred back to the voters through a referendum process. The subsequent election overturned Council's prior approval. And so the drafters of the ordinance went back to the drawing board. By the fall of 1989, following another 8 months of rigorous and dedicated work with all the affected parties, i.e., those who. would be directly paying the. fee, a second ordinance was presented to Council with a revised fee structure and this ordinance was passed. At this time, there was no contest of the ordinance. This fee generates over $300,000 annually and is an exceedingly critical component to the town's contributions to our Commission on Special Events. Additionally, ~~~ REC1'CLEDPMER the voters in this community passed the fee voluntarily. At a time when all communities are struggling with revenue, the loss of this established source of revenue;~would seriously impact ®ur;ability to attract visitors to our tourism- based economy. We urge a''`No" vote on HB 04-1396. Sincerely, TOWN OF VAIL Rodney E. Slifer Mayor ,~~. t t •':t' 'EL wi i i. ~N ~ r F, ,a. Tr~ DgNVER POST I Section ~ r2 ~ a 00'110®071 _ ~ _ 4 2004 - o ~unday, p,prd , tate overnment rules and legislate the ~ see lfit Proposals to loosen from s g including setting tuition as y financially - rofessors orado is not alone. as been spilled in the last few statehouse-campus ties are under discussion in Colorado and other states. of ant and ink h ortant to more than the administrators and p Much breath has been sp ublic colleges and universities as The debate is imp a it. As University the woes of our p who spend the money and the parents and students whop y years bemoaning state tax support has shrunk. of Colorado law dean David Getches notes in his article, higher education rs students and parents have worried, about eTeriikesn n the ortance. At the same time, an issue of national imp as tuition rose and headlines warned of even bigg So all citizens, even if they don't have kids in college, need to focus on the accounts noted future. roblem. all, resident of the University of yVtsconsin system, q A familiar list of villains gets the bon licts that lima state revenues while , P Katherine C. Ly P ' lative tax cuts and constitutional in The Chronicle of Higher Education last October, summed up the dilemma " gages ublic desires: mandating annual increases in K-12 educ ust Colorado's problem, and it's not of conflicting p ualit and no tax increases to pay i e funding squeeze isn't j ears. "They.want high access, low tuition, top q y, But, the colleg among something that's popped up only in the last few Y mia and Wisconsin, for it." South Carolina, Virg' What do you think? Send us a letter, and we'll publish a selection in next State universities in Ohio, roblems. I with the same p Golding discusses national trends Sunday's Perspective. Detailed information about contacting us rs on page others, are wrestling ~ University of Colorado forldecades in his Perspective article today. 2E. that have been underway 1 in discussions about the prob- -Todd Engdahl, Perspective Editor The word "privatization" is used increasing y es loose ' gem. It's acatch-all term that usually refers to cutting state colleg o I ' - ~ ~ 9 ~ ' R. . - - - i.. Ld t - Y ~ By i)avid H. Getches nternational critics view American institutions and pa ' ~ ~ X f cies under a microscope. Despite widespread crlticis :_1 of the U.S., one thing experts tend to agree on is th American higher education is the best in the world. T ~ 7~~ ' ,~f~ ~ - European Commission published a stud in Januar i ' ~ the ,world s best unrversities. Of the t p 50, 35 are Ame s Y ' qj~, ~ ' can. ' ~ r; ~ But that dominance of quality higher education may y, ~ precarious. Our public investment in public higher educ s , ` tion is decreasing, and some states are trying to cover t ~ losses by raising tuition. . ~r Historically, the United States has invested heavily r higher education, devoting.about 7 percent of gross dom ~ ;~f n tic product to its support. Support has been strong not f'~ ~ f , / r _ Amerf we Spend more per student but because so m~ r /1f f / . cans attend college. Our students understand tha - ~ - r, % p, /r; ~~:;,`~j college degree can enhance lifetime earning power up to ~ f~ ' ,f f estimated $1 trillion. ' , ~ r ` The strengthof American higher education comes frog synergy of federal, state and private support. A racer ' ~ ` ~ published ranking of the world's universitie ~yfr , -~„f , , ~~a.~ U.S. schools (Ha`yard, Stanford, Cal ~ ~ ~ ~ ~ s puts priv .a ~ K r Tech) in the top thee positions. But 18 ' Y of the top 50 in the world are•American 1 w'` ~ public institutions _ ~ ~ ' including seven _ from the California system and the Uni- ' ` - ~ varsity of Colorado at Boulder (No. 31 ' among all institutions,llth among pub- ' ~ lic universities). _ Although public higher education is - • funded primarily by the states, federal 7,,3rtrNfiN© - - ~ ~ ~ aid to students, tax deductions for tu- ition and federal funding of research NewsArt / "rim Brenton i also benefit both public and private uni- 6 varsities. And, the quality of public in- ~ 0 0 0 ~ stitutions depends increasin 1 on ri- Waved H. Getche j~ ~j vate support, particularly fory"extras" is dean of the d 1V~ ~ 1 ~~®~il~ o and scholarships, although market adoschooi Co ~ lownturns have reduced the valu La of~ - endowments and donor generosity, a of fay S4~ven T. Golding ~ Over the last decade, U.S. public higher education has. effectively navigated Last year, half the states cut funding News & World Report; in its an- the last three decades by leveraging these alterna- > universities accordin to the State Higher Education At no time in its history has public higher educa- nual rankings of the nation's tive revenue sources, one cannot presume the same g tion received such vast press coverage. The reason colleges, has made students will continue in the future without some si ficant tutive Officers organization. Colorado led the nation ~ for the media's intense interest is it that public _ and their parents more discern- public policy changes. ~ 26 percent reduction, while Oklahoma, South Carolina g Y g preci itatin Historicall ,states viewed tuition as the incremen- ~sconsin suffered cuts of about 10 percent. Reactioi hi her education ma soon be extinct. ~ in consumers p g Y ''her education bud et Diminishing state support for public higher edu- ~ _ ; demands for competitive facile- tag resource public higher education required to fill hinating classes, incre sinhas included reducing cost: cation may permanently change that system as we ties and ranked academic pro- the gap not covered by state support. This revenue eliminating facult a g class sizes, cutting progr; know it today. - r ~ grams. To be competitive, cam- stream in 2003-04 represents about 19 percent of t American Y nd staff. For the first time since 1993, The Chronicle of poses across the country have the revenues that fund public higher education na- n, greatness in higher education rests Higher Education recently reported, state support initiated construction pro- tionally. The question facing public policy makers di;than spending. The Economist magazine recently for ublic hi her education fell in the a re ate rams new course offerin s toda is whether the need to rethink the role of er universities in England and Europe as mostly "g ' P g gg g g , $1.3 billion for fiscal ear 2003-04. A stud b Post- Steven T. Goidin and hi her salaries to recrutt tuition in fundin y y Y 9 g g public higher education and wheth- Went-owned degree mills." America's recipe for secondary Education Opportunity, an online educa- is vice president for and retain world-class faculty. er there .are viable strategies for doing so. See article said, includes diversity, competitivenE tion newsletter (www.postsecondary.org), found budget and finance In 1975 technolo ical innova- There are three strata tes under consideration in tY and flexibilit at the University of ~ g g vin d Yin setting tuition. state investment in higher education fell by $3.36 Colorado. tions and the information age a number of states: let g ip rse choices ranging from community c per $1,000 of state personal income since 1976, rep- had not yet been contemplated, ®The first strategy involves moving from a _ abil,fla she research universities students of van i resenting a reduction in state investment in higher nor had,the associated costs of low-tuition, low-aid to ahigh-tuition, high-aid fund- and ,means have wide access to education in o dollarsion of 64.4 percent, or $33.4 billion in 2004 New environments P re tdlagons d studeni~h access. ing model to solve both declining state appropria= typenlle ese best students can move among diver gu privacy tions and access problems. Research has shown Co; g and universities. Given the recent state of the national econom ri hts and ersonal safet re ortin standards are that such an a roach can rovide new resources tion reigns throw hoot the American system - Y, g P Y P g PP P rigor g annual reductions in state spending have become but a few examples of costly, yet critical, state and to offset lost state funding; while generating in- cruitro d tot admissions, brutal tenure processes, r commonplace. Higher education is more vulnera- federal unfunded legislative mandates. And this is creased support for financial aid for those with ative P Professors, private fundraising and cry ble than other state agencies. It has traditionally to say nothing of the more than 5.7 million addition- identified need. Europam enhancement to meet student demands. l been used to balance state budgets during periods al students now attending public higher education D A second policy change under consideration in mentshe other hand; mediocrity is ensured b of economic downturn. What is more disconcerting institutions that were not present in 1975. some states is to recognize that research and doctor- Unlii<ston of performance." Y govern is the 30-year trend of reduced state investment for Public higher education in large measure has sun- al institutions have higher cost bases and should be t European countries, where anyone who pass what is ar uabl this county 's neatest resource vived because of innovative facult and the use of es an e~, g Y Y g Y permitted to set their tuition and fees in line with entitled to attend an select s and global competitive advantage. economies of scale. To generate new resources to regional and national peers. Students ~ assassin ~ who meet standards the oset and whosesa t g tudes an The root cause of this disinvestment in public .offset declining state support and cover these new these institutions can base their decision to attend Costs ests best fit the programs. P t higher education is the tremendous public pressure costs, public higher education turned to alternative on program quality and rational economic choice. United S{tding colleges and universities van to reduce the size of state government. This pres- revenue sources. Over the past 30 years, public Finally, some states are considering letting here tnstitutions set their own tuition. ThE sure has led to constitutional and statutor limits- hi her education has Economic y g grown tts annual charitable graduate and professional programs set tuition at es that this allows costly curricula and high-demt: tions on state spending and tax revenues. Changing gift receipts. In 2003, donations totaled almost $24 market rates under the belief that students should ds like en ineerin national demographics and federal mandates have billion, and endowments added up to more than $61 bear a higher proportional share of the associated Pay their v g g, medicine and law ~to precipitated demands for new services and forced billion. ~ costs. These programs are directly- tied to. career In contrh o eaurtigng other fields or quality. the reallocation of limited state discretionary fund- Public higher education has also become more objectives and represent future monetary reward Price coutry P n overnments effectively ern 0 ing. Competing priorities - in the areas of correc- entrepreneurial, increasing its sales of educational for the students. aS America benefits Of a]]pwin P se tions, preventive health care and K-12 education, services through continuing education, distance edu- States that have ahead initiated such chap gg un1V2TS1t1eS; g the mafket Wpl'~ y g nclude motivating students and to. ' among others -has left higher education with a cation and executive education courses. Federal re- have not seen runaway tuition increases. The Des ]t. P01]S1Ve " decreasing share of the funding pie. search and development funds have increased to has been to provide assurances for the SUStalnab 1a1 ' P e t~ e t0 COl)Spn1ErS, n ~a~l~~ While state support for public higher education well over $6 billion, providing' critical support for ty of public higher education well into would SanCtl('~ta~' , Cpp was declining, the cost of providing a college educa- cam us-based laboratories the 21St CC Set b°rESs P P Y ,graduate and research tury. Without public policy changes SpCh n• by the fees that, ~ebat~d tion was accelerating to levels well in excess of fellowshi sand facult salaries. contemplated above, the realer aS thOS WaS ' ~ aJS~ p d ~ ~ ' state budget growth. One only has to consider some The reality is that over the last 30 years, public er education will not be alga t is that C e 1nStrpme ~h11 "~~110~ of the' changes that have taken place in the last 30 higher education has been forced to become more vate and for-profit institu /!S o eomAe ~aW11 high SjOna~ ~ ~rel mQ~~ a,~Q~jp l/~~ years to understand this phenomenon. self-reliant as state support has declined. While cumbered b such artificialV ar nt Il) c , I S Y dark loch e a th pre. cv ro, °nS1~erH ~ t , p ACC 11mif tp epnstraint t ep. tl~~ 4 s o11 C0 J l~, fu ~ ~1151~1~j , ~Cl/~~~, b~ ~Tas Jesus a liberal? asks Voices col- 'gee s. 11111t~n~C ~1 t e~ th ~ a~~~~ ~r ' ~°Cof ~~~~DL~o umnist gill st®ut. American health c d@(~C~~+,, aa ~ e ~ , do o o? ~ _.r. P ogle sl~k _ ~terall ~t~~l n ~ ~ ~ , ~ a/ Fri . redpro4l lost is. i z~ - _ - , ' ~ - ~ .~x~ Posy • - ~1vd ~4ccountIlng ifor eleeti®ns Re: "Make caucuses count,". March 24 editorial. _ . The Post urged the legislature to pass Senate Bill 192 and move the caucus date ~ 1 to January in presidential election years. The reason would be to give Colorado some ~ ~ ~ influence during "caucus season." ' Since the ar - ~a~ ° - gument for the caucus system g~ ~~e~° 7~ •p is grassroots citizen involvement,. here's a V g suggestion. SB 192 should be amended to r®b1e ° eithei move every caucus to Janu An 1SSUe Of p1"1®rity m ~ ~ move the caucus date in non-presider ial Re: "Help for the homeless " ~ ~ ° ' election years to the first Tuesday following Perspective cover articles. March 28 ` April 15. Here's why: CIPAs 'who help citi- Perspective editor Todd tens comply with increasingly burdensome asked, "Can Denver's homeless b of dthe • 1; tax laws are burning the midnight oil prior streets in just l0 years?" ~ . ~ . • . to April 15. This year's caucus is April 13; If we can put: a'man'on the moon W we are excluded from the system. a decade, as President Keened within " ~ < • ~ Y Proposed, - , , z .3 t~ Perhaps if we had more CI As involved ~ why not resolve homelessness in the same ~ ' ` :in politics, we would not be in this dread- amount of time? With all our kr?owled e ~ ' ~ ' ! • ful economic mess. ' ' . . creativity'and resources I find it difficult ' ' ~ . ~ ' ` SAI\1DY ADAMS to believe we cannot solve this problem ~ a_ 3 ~ ~ ~_~':w.~ ~ - = for the long tenor. Isn't this more of an ` .~-_,.,.-&.`8~~~~ Eb~ Denver ~~.~.~<~.s~~. , The writer is a certified pu~hlic accoun- issue of priority? ~ ~ ' tart: How important is it to you to help those ~ ? • who need it most? '.r. > - KENT THOMAS - s, ~ Denver ~ ~ ~ e~~,, ~ ~ ~ ' `.5 P®litical~ extnectations' Solve? No. Hel ? Y ~ ~ ~ ~z7~'` • Re: "What liberals want,,, March 28 P. e$:. ; ~ ,.,Y , ` ` . 1~,~3~ -k Re: Tent city would provide a modi- ~ ~ ~ ~ ° ~ Open Forum ~ f - ; . cum of dignity," March 28 Tony Robinson r : •When it comes to politics, it's amazin ~ ''=`3 ~ ~ t'•= g Perspective article. ~x";. Y;.., ~ , . to me how eo le naivel tlhink ever thin ~ _ > - ~ - ; z, ~ 3:;.~v:_.Y P P Y Y g The problem-of homelessness will rev- ~ ~ ~ V ' is so black and white. Leiaer-writer, er be "solved" - ~ ~ ~ ~ 3•z s` ~ - ' Ste hen Zu ~ within a decade or !on - I - p me sa s he can t trust Re g ~~~.9<~~ Y publi- er - in a deb ~ ~ ~'^g'{~:::,. t-ridden ca italis _ p t econom a s because of Nixon and Water ate Re- - ~ , g , that needs to keep a certain number of ~ agars and Iran-Contra, Bush .4a and the people out of the workforce and at soci- - ~ 4 V g Kurds, Cheney and secret meetings with ety's bottom. That doesn't mean we can't . j. ~ ~ = o~~~ r oil companies, and Bush 43 snd WMD. try to improve the Ifves of the homeless, f ` Apparently he has forgotten about though. I'm all fur the tent city, and I J Kennedy, the Bay of Pigs and the Gulf. of hope Denver builds it. If it happens, if it 1; ['onkin, Johnson, Jce Kennedy and Richard is successful, ma,gbe Colorado Springs ~ r ~~1' ~ ~ , )aley stealing the 1960 electien, Carter fun- will follow suit, though I doubt it. ~ i , ` t°>` t ' ~ ' ding the embassy rescue in ;[ran and Clin- Our city's record on homelessness is _ : r` ~lr~ ~ ~ ~ • • ' ~n mistakenly bombing a pharmaceutical grim. Colorado Springs won't let its home- ~ ~ ~'N ictory. Please, give "me an example of a less sleep up under the eaves of overpass- ~ ` ~ ` erfect administration. You're not going to es' because the citizens of "America's r~%.:.r~,~. - r nd it at the Vatican, let alone Washington. most, godly city" don't like having home- - n 5 • JEFF DYKE less where they can be seen from the high- ' ~ ~ Golden way. We also tried) to pass laws against ' ' • - panhandling - we want to fine and im- Homeless advocate Harold Chapman reads a poem during a past vigil calling attent on tonthePo li / andy coots • prison• people who can't even buy them- homeless in front of the Denver City and County Building. p ght of the ~ ' selves a loaf of bread. So much for the ®I'II~I11g per111lts Great Society. The aniswer to homeless- or s commission could re-read "Grapes of military ones) can be kept clean are must be addressed. g g , ness is not to be tou~.gh and•rigid but to be Wrath and find some ideas to uide, .cheap, and could have slidin -wall de-, tions, public agencies thef aith a daniza-:~:; Permits issued for oil and gas forgiving and humane, acknowledging the them. signs for families. The busi-;';~. drilling in,Colorado: truth that not all people have the same DIANNE HARPER for the homeless until an exitlplan isode- out the city workin ninicollaboras through- 8,,,~; - - ~ abilities and opportunities; in life, and that Yuma fined for residents. , 1993 not all people can. rise'to the top. Build However, it s a sad commentary that-.~... . ~ LARRY HEINRICHS homeless people have become so frustrat„~ 1994 ;t:''.:;:::;.::.:t~~$:::.:;_ the shelters, build the tent cities, and lose ®®k t® ®~st®n . the judgment.about these people s lives: A tent city was established in Houston ° Glenwood Springs ed that they re advocating for a tent in-~,; 7 DEIDRE FAR ' stead of, help with ton t 1995 RINGTON in the early 80s.after the oil boom bust- ~~t Ildea Is an ®ld ®ne housin This oints out the need fornurt ' - ` SC~OOLCRAFT ed. Many worthy young people had come The articles by Deborah Ortega ("May- gent acgtion in developing long-term hous- 1996 „ : Coorado Springs to Texas during the boom because there or's commission committed to solutions") ing assistance and emer en ` were lots of jabs. And then suddenly they and Ton g cy shelters ua - 1997 ' - A national roblern y Robinson were educational and` that meet a wide variety of needs. - were out of a job and didn t have enough encoura in . I have worked as a volun= y to o ular belief as man as ° g g Contrar 1$98 ; `1`'t57 : Y g P P ~ Y • I have just slogged t)rrough your collet- mgne ;o o back home. The tent city did teer in a day shelter, the St. Francis Cen- 20 percent to 40 percent of homeless peo->~ 1999 `-.';:<'t,{~'~~.' tion of ways to hide the homeless in Den- a ood •ob for them, but it also attracted ter, for more than five years, and have ple have worked in the last month; many: ver. I found not a single mention of the a large number of footloose wanderers read the social scientific studies of home- ,are working two or more jobs and are°_ , 2000 -.7:~29;.;: _ • g Y g g q p p Y still unable to afford tY~e most simple'.. 1 ~ _ - ~ ` make Denverlalmecca foretheehomelessa 1 ntook adva to a ofthe freebies~Sotthe le The maeor s commission is on.the ri ht apartment home. In the last few ears - 200 ~ ~ sm le locality could demands for more facilities and extra track - if the can resist the temptation housing costs in Colorado have become•~:~:~:, Y ° , ' The notion that any gi. Y P anon the 10 most ex 2002 ~ solve the complex problems of homeless- ' comforts ew b lea s and bounds. It of depriving homeless persons of the right g pensive •in the :na-: ~ 2003: - ° ` ness without attracting the homeless e ght o e helpful if the Denver city plan- to beg for money.' Robinson makes a good tion. :.g:~rp(p' , : from far and wide is ludicrous. g t in touch with the city of Houston point in observing that Denver's homeless is For women, one of the primary housing.;:Y•„~ J 2004 .'_.:_;.;::~::'`i~~~'~ : ~ Homelessness is a national problem. It and found out how they dealt with the people have taken the initiative in improv- sues is safety. The majority of women~r':` Y ee at T n ce ing their lives by advocating a tent tit , that we s he Gatheri g Pla are:, The revious all-time higl'i: must be solved nationally, whether the so- pro ems. o er P, - cial nitwits .now in ,power like it or not. VIRGINIA E. DILATUSH . Recently I visited my niece in Swedish c nc red about the safety of a tent city,, 1981 ; :.2378: ` ° ` Solvin gthhousng.nltirequires universal Westminster, Hospital while she was recuperating from tiers that arrentlyoexist andfabout stay-<< an o eration there. Pleased with her dra- Source: Colorado Oil and Gas proved g ~h®r~ terl'n 3®lUtl®n matic im rovement I took the o ortuni- in on the streets. And, needless to say, a=,,;::, ~ conservation commission programs to address substance abuse, job p PP g . The Denver Post training, living skills and mental disorien- 'Yes, we must have' a tan for het in ty on the wa out to ask how the hos ital tent city is simply not appropriate for.,; , , P P g Y P families with children who make u near->„•` tation. Local solutiions will be ~ over- the homeless. Homelessness is a problem got its name. I was informed by a woman P , whelmed by attracting people in need of that will only become larger during the who appeared to be a medical authority ly 70 percent of the Homeless population e effects of dri~llling the services fnm across the country. " next few years. A larger population, re- that the hospital was founded by Swedish in metro Denver. ~ - • Demand for TOM MORRIS doted job growth, and increased technical doctors to care for people with tuberculo- We commend the Department of Hu- ~ { Re: "Drilling surges in state, roduction," - .man Services for gaining access to three;:_i Denver requirements for existing jobs will all re- = sis. She said that in the beginning there • i total gas, oil spurs jump in p new temporary shelter sites to .replace-, ; arch 28 news story. ° 9 .c 9 sult in spiraling~unemployment. was no hospital building, only tents. the space that will close April 15 at the • ` The Post's lengthy article barely allud- Stegnb~,'k s tent C>lty We need to recognize that the problem "A tent city?" I asked. ~ to'the adverse environmental impacts Castro Center. Mile High United Way acid '+ry'~i: I am remided of John Steinbeck's "The exists and will continue to exist, and pro- I could tell by the, look on her face that the Mulroy Center are •valuable partners ; drillin goo 1 owho ovesto hunt and fish. Grapes of Grath" and the government vide not only inexpensive housing, but sub- we both realized there was a crucial pre- in the efforts to keep citizens safe over-;:.,~ s and p P cam in with the Joads stayed for sidized jobs for the homeless. cedent for a current proposal made by night. Unfortunately, more than 30 single : , awhile. The'amp was governed b the A tent tit is an unsi htl , unsanitar some of our homeless citizens. would have been a more rotnndeit article P y y g y y women will be vulnerable after April;; it had mentioned: eo le who'ved there, .and although it and unsafe community and should be a PHILLIP K. TOMPKINS when. the Delores Project (an overnight 1. Studies showing a 22 percent decline P P erf ;the family found an oasis last resort or short-term answer. Asa Denver shelter serving single women) also closes.`. g ; wasn't p housing value near drillin sites. ~e ll~eed Safer housing we urge the state and the city to make it- 2. Deaths of -cattle and vvildli.fe near aretagain `ahpor~bl,Ahere a government posal as a very short terme solutionY" and a priority to ensure that these Denver cite- , ~illing sites. ' 3. The 24-hour noise that homeowners camps" (oont cities;) will have to be- build barracks-style buildings as more At The Gathering. Place, we commend zees will also be protected overnight. . ut u with close to come a st~aP measure for this societal permanent halfway houses, using the Denver Mayor John Hickenlooper for MIKE DAVIS, Chair , id ranchers Have top P problem. ,the homeliess are asking for homeless as much as possible to assist making the determination that homeless- . The Gathering Place~',.~' teir homes. iuld listen. Perhaps the may- with construction. Barracks (like the old ness is a community problem, one that Denver-• 4. The lack of staff and f'.unds~ for the them, w i „ - '~ureau of Land Management; to follow up ~ ~ ~ ~ • • ~ ® _ n,reclamation of the sites.. - "~~'1 5. Hundreds of miles of roads construct- ^2,w d, destroying more wildlife ]habitat. on which we may strongly disagree. But know this: De- : • ` ``.J 6. The pollution of soils, so that nothing Def~ing df'yYl®cracy spite my vehement objections to.President Bush's war, I Qllestloriable headl'lne gill grow -and, when there is the rare Re• h 28 Voices in the News. will pay my taxes to finance it, pay your salary, and Re: "Offensive pacifism," March 28 Open Forum. - otorm, the flooding, because there is , no rovide ou the veterans benefits ou deserve. I .want to thank letter-writer Rev: Roger Wolsey for;., vegetation to hold back the water. Aii ~ ed Fort Carson soldier, reacting to Iraq war P Y Y As.the Colorado Farm Bureau, ranchers, proter' was quoted as saying: "They are stabbing me Peaceful public dissent is the precious right, and the taking a stand against the fringe minority of decidedly., hunters, fishermen, homeowners in that; they are spitting in my face. As one such solemn responsibility, of informed American citizens non-pacifist radicals and anarchists (often referred to as..;~„ ' farmers, rating to realize, Prot I feel compelled to respond: who disagree with government policies. It is an exercise the "black bloc") attempting to co-opt peaceful demon- and birdwatchers are begi grin envi- I t attacker ou. In fact, so highly do I value of that liberty we hold so dear, and claim to defend at strations. ~ , the huge push to drill while ign g pt g Y y gt, home-and abroad. This is what democrat looks like. If However The Post's headline writer missed the oint~:_~ ronmental concerns may Piet more money youj hat I believe onl the avest threat to the it threatens" ou and breaks our heart ythen ou are of the letter b titter it "Offensive acifism" P the.:i ai but it. certainly SeC1of our nation or the world community would Y Y ~ Y Y g' P _ into ,the Bush camp usending you to war where you might be killed or -serving the wrong country. reverse of what the letter said. wilhnot help most of th WAYNE WATHEN ) JOHN F. KROTCHKO JOHN C. DARROVfI'~ (Justifications given for the Iraq invasion didn't ` Highlands Ranch S phis criterion a year ago, and still don't - a point Denver Denver` . ARD FILILM®RE ~Y ~RiJCE TINSLEY ~f wistice and celebrllty lei - . beach ~s , 6:r~ surfacing amid ~ ® Phone:303-820-1331 Re: "Heed lessons ° - CI~1 Fax: 303-820-1502 _ muck," March 28 Diane Carman column. CJ o, •.I'~M~ E-mail: openforum@denverpost. Dlalle Carman did an excellent job de- ~ - tom (Please send straight text, not . , how the justice systE:m is really G ~ ~ ' l~,~N•p OF attachments.) scribing , rant case .and the Y'~C~~?1 • ~ 1 a ))flail: The Open Forum, The Den- ' ; obe B Y > ' ~L ~ T ~ ~w 1`-~~~~5 vet Post, 1560 Broadway, Denver'"; ' 1D the K scandal. ~9o1n . working, p,~e~u161I1~ 1 l ~ 0 ~"r -~.~~~r 80202; or P.O. Box 1709, Denver - L ' of Co]oraao coven other- , " ' . ~~VerSlty, , scent until ~ ey ,as, et- ~ l~" - 80201 y „{,~/?e Letters guidelines: The. Post wet= Inn t~ l ~ ~ comes letters of up to 200 words on- 1?~° . ~ ~ ~t 1S ~e wltli utations ~ ~ ~ JI topics of general interest. Letters '~t" ~b the Sa , ~~1elr red ges l~h must include full name, home ad- and ~ayery, t t~e ae~en e ~ ~ G~~/I '~'t'(' _ , dress and day and evening .phone ~ ' numbers.. 'Letters maybe edited for ~11Se+ CU,p ~d.~u } anY°n •~"~D ~T l~~"'~~~,~D 3 ten th rammar and accuracy. ,a a~~e~ ~a~le~~ ~ ~QSL~O~ ~yLa~' ~ ~p~ ~vE T~~~ ~ Missed your favorite columnist or ' ~ ~ p(~ b ~re C Y ~~Q ~Q~t~~"" o ~ the latest Mike Keefe cartoon? Ar- C ~ ~V" • ~ry ~'~I~ - ° ~~-~~~~~L ~ ° ° chives of editorials, staf f or Colo- _ I1~1 ~I' l 'r ~ I \mc raao vti~ces o n+rs, ca-h 4- r ~ m ~ tiers to tt~e editoQS dare. Sav seta 1e~ at' _ I 0 ac\cag www.a u- D ( O c sped-iDveT1P ost Online l - _ V p y. T Tre ver P " „ e Y 3 ° ost.coml- ' ~ V ~ ~~ll ~ ~ . 0 ~t SS~~~ ~2ke5 ~ ~ veTp I ~ r ~ `o ~ >~z~~~ , is .. ~_ ... __. i~~~ :~ - - - ~ -- a_.._,. ~~,C~ .~ ~. w,t` r~ r' sv z~ n k ti ~. ~ a, 4, 2004 ¢i~~~e~iy®sike~®ev~/®~i~i®~ r.. e__ ,o Q 1 U q ~ ~ Y ' ~. „ ~ V 4 -" olorado is not alone. Much breath has been spent and ink has been spilled in the last few years bemoaning the woes of our public colleges and universities as state tax support has shrunk. At the same time, students and parents have worried about their own bank accounts as tuition rose and headlines warned of even bigger hikes in the future. A familiar list of villains gets the blame: the recent economic downturn, legislative tax cuts and constitutional conflicts that limit state revenues while mandating annual increases in K-12 education. But, the college funding squeeze isn't just Colorado's problem, and it's not something that's popped up only in the last few years. State universities in Ohio, South Carolina, Virginia and Wisconsin, among others, are wrestling with the same problems. University of Colorado official Steven T. Golding discusses national trends that have been underway for decades in his Perspective article today. The word "privatization" is used increasingly in discussions about the prob- lem. It's acatch-all term that usually refers to cutting state colleges loose from state government rules and legislative control to find their own way financially -including setting tuition as they see fit. Proposals to loosen statehouse-campus ties are under discussion in Colorado and other states. The debate is important to more than the administrators and professors who spend the money and the parents and students who pay it. As University of Colorado law dean David Getches notes in his article, higher education is an issue of national importance. So all citizens, even if they don't have kids in college, need to focus on the problem. Katherine C. Lyall, president of the University of Wisconsin system, quoted in The Chronicle of Higher Education last October, summed up the dilemma of conflicting public desires: "They want high access, low tuition, top quality, and no tax increases to pay for it." What do you think? Send us a letter, and we'll publish a selection in next Sunday's Perspective. Detailed information about contacting us is on page 2E. - Todd Engdahl, Perspective Editor ~; F R, pay • • :; - ~= ~ ° ' coils ,_ . ~ Sy Steven Y. Golding ~ . N At no time in it's history has'public higher educa-: lion received such vast press coverage. The reason for the media's intense. interest is it that public higher education may soon be extinct. j Diminishing state support for public higher edu=, ' cation may permanently change that system as we I' know.it today. For the first time since 1993,.The Chronicle of Higher Education recently reported, state support for public higher education fell in the aggregate i $1.3 billion for fiscalyear,>2003=04 A study,.byPost- secondary Education Opportunity; an ;online educa- ~ tion newsletter (www.postsecondary.org); found state investment in higher education fell by $3:36 per $1,000 of state personal income since 1976, rep- resenting a reduction in state investment in higher .. education of 64.4 percent, or $33.4 billion in 2004 dollars. ' ~ :Given `the recent state ~ of the <national economy, annual reductions in: state spending have become commonplace. Higher education'is more vulnera- ble than other state agencies. It'-has traditionally been used to balance state budgets during periods '; of economic downturn. What is more disconcerting is the 30-year trend of reduced state investment for what is arguably this country's greatest resource I ~ and global competitive advant ,age.. : -_ The root cause of ,this dismPestment in- public higher education is'the tremendous public'pressure to reduce the size of state government. This pres ' sure has led .to constitutional and statutory limtta- tions on state spending and tax,revenues. Changing `+ national demographics and "federal mandates^have ';,~ precipitated demands for .new services and force '' the reallocation of limited state discretionary fund ing.` Competing priorities..- inane areas of correc tions, preventive health -care, and .K 12~education among others -has left higher. education with decreasing share of the funding pie. • ' While state support for public higher educatio was declining, the cost of providing a college educa tion was accelerating, to levels well in excess•,o state budget growth..One only has to consider som I of the changes that. have taken place in the last 3 years to understand this phenomenon. . 0. - .. O Over the last decade, U.S. ews & World Report; in its an- d ~ pillion.. ' ~.. ~ ' - Public higher education has also become more - entrepreneurial, increasing"•its sales of educational a cation' and executive education courses. Federal re- n well over $6 billion, providing' critical support for nual rankings of ~ the nation's• colleges, has made students and their parents more discern- r '~' `. , ing consumers, precipitating 4 ~~M `demands for competitive facili- ~,. ties and ranked academic pro- grams.,To be competitive; cam., poses across~the•country have ' initiated . construction pro- . grams, new course offerings Steven T. Goid'ing and higher salaries to recruit is vice president for and retain world-class faculty. budget and finance In 1975, technological innova- atthe University of tions and the information age Colorado. had not yet been contemplated, nor had,the associated. costs of providing students with access. - New environmental. regulations; student privacy rights and personal safety;reporting,standards are but a few examples of costly; yet critical, state and federal unfunded legislative mandates. And this is to say nothing of the more than 5.7 million addition- al students now attending public higher education institutions that were not present in 1975. Public higher education in large measure has sur- vived because of innovative faculty and the,use.of economies of scale. To. generate new resources to ., offset ;declining state support and cover these. new ' costs;; public Higher education turned;ta alternative `: revenue sources. Over 'the past 30 years; public ' ...higher education has grown its annual charitable gift receipts. In 2003, donations totaled almost $24 billion, and endowments added up to more than $61 ~. services~through'continuing education, distance edu- search_anddevelopment funds have increased to ' campus-based laboratories, graduate and research. f fellowships and faculty salaries: e The reality is that over the last 30 years, public 0 higher education has .been forced; to become more self-reliant.,as state support, has ,declined. While public higher education has. effectively navigated the last three decades by leveraging these alterna- tive revenue sources, one cannot presume the same will continue in the future without some significant public policy, changes. Historically, states viewed tuition as the incremen- tal resource public higher education required to fill the gap not covered by state support. This revenue stream m 2003-04 represents about 19 percent of the revenues that fund public higher education na- tionally. The question facing public policy makers today is whether they need to rethink the role of tuition in funding public higher education and wheth- . er thereare viable strategies for doing so. ' There are three strategies under consideration in a number of states: i! The first strategy involves moving from a low-tuition, low-aid to ahigh-tuition, high-aid fund- ing model to solve both declining state appropria= tions and access problems. Research has shown that such an approach can provide new resources to offset lost state funding; while generating in- creased support for financial aid for those with identified need. ®A second policy change under consideration in some states is to recognize that research and doctor- . al :institutions have higher cost bases and should be permitted to set their tuition and fees in line with .regional and national peers. Students •assessing these institutions can base their decision to attend . on pprogram quality and rational economic choice. = ®Finally, some states are considering letting graduate and professional programs set tuition at market rates under the Belief that' students should bear a higher proportional•shaTe of.the associated costs. These programs are directly-tied to. career objectives and represent future monetary reward for the students. States that have already initiated such changes have not seen runaway tuition increases. The goal has been to provide assurances,. for the sustainabili- -ty of public higher education.well into-the 21st cen- tury. Without public policy changes such- as, those contemplated above, the reality is that public high- er education will not be able to, compete with.pri- vate and for-profit.institutions, which are not en- cumbered by such artificial market constraints. V '~-~ cfl ~ -~ N O ~ n °' ~ r:'ti ~ a' ~' m .... N r. w ti ~ c ~~~e -~ SU y • ~ °_' c R u. `c ~ g (~D~` C• U y ~Q R ~. `~ v o ~ ~ ~ c r y ~ ~ ~ ~ °q ~ a ... ~. o ~. in y m ~ a c °. ~ c ~ `~ ~ f% (D w O A Q. l~ o ~1 o W o y 3a o ~ ~ ~ .~ ..~ ti cui o.c~o ~ °c.'•S ~ j 0~ v~ y 0 "-` q O~ a~ ~~~ ~~~~~ .~ a o w 'C ~ °` ~ o ~ .~ agR ~a'~t°v,a;FC' w bA q bq ~ cOe ~ ~ y ~ G •O. ~ ~ cOe G.r ~ ~ ~ ~ iO ~~ ~a .~. tom w .«~ 0 1~ 3 a coi ~ °1D~~ c a'w ~•o° a c ~ a ~ a~ w ~~w i3 ~.~ a.° ~-a ~~ a V. bA ° '~ U ° O w ~ . 1~ a R .~ .~ ~ ~.~ v o w U U .~ ~~ o •ou> O~ N O a~ .~ `~~~aw~•~ ~ v ..~ ~; .~ iv ~ O C o a~ .° m ~, ew O ~'~ ~ C ° ~ L. ~ by O c. .~ ~ ' ~ i; ,? ..., rO.a O .~ ce ce ~ > ~:+ y a uj DOO c. w da•... ~ ~. ~ u•v ~..N..A d WD ~ J b .a V~ y ~ O f3. :7 w .c a `~ ~ '~ x q ~ W ~ ~ iv , ~® , ® ® u 8'v~~ E~3n. .q ~ O iC ~ d y ~ ~-' ~ ~ O O ~ Cl by O v~ ..~ b .SC 'Jaw U C1.w ~-'. O y o, " cue ~ ~ •~ .d a°i a~ ~ •~ a`i pp ~ b ~ ~ rR". Cf w 'Ja iU ~ U ~ .1~4 ti~ u~ a u o a~.~ o.c7 Fu ivcuaro,r,go~.rov~',`e ;b .~ C •~ O N y O ru. q u '~ ~~ ca~,~awo•OUCe~a ~ pw G bq Rf ~ ~~ ~ ~ ~ Y ~ ~ ~ ~ u G ~ ...a .a w .~.. +~ •~ ~' F .C b """" 0 3 a ~' w.c° u ro~ •a~•° o u o tiw,~ ~ o °; wo U w y ~ u oW w ~ ca °b ~'n~ ~ ce '«~ 'rn ..y, w .a u ctf Y..g ° o wa °' o ,a oe w, ~ .~ ~ a ao~ O O as O •R..D .CI ~ O .p O ~.aw~m ~° ro~u ~ .N c. ce .,,, ce cue ~ o o ~w +- ~/~.. w ct7u ~ •a~ ,U .y .Lj °w' W c~-'e ~t°~7 O by tO. f.. U +-'I..' ~ ..' O +~, "" w~.a.o,ocee~."'bq ~o~ 1 ° +"' u ~ C~ Owa Jao y wNOro~'~ao•'~c. °v~o .~ ° ~ a ° O ~ u ceF+~ rn u 7 a~ o .~ ce ,~ ~ w a, y .~ - m•~~ ~.No~o~~ ce o~ ~,~° i~'cue 'w~7~•oy U w ° r E-~o w ~ ro d' c cau a~ ~ 0 3 ~ °'d.~~ $ ~ ~ C7 a o.ow ~,o. ~~v a ~c~ ~ a ~ c° ~ w. w ~. a" " ~o , ° y . I N tad eu~Eu~ a $°~g'" '~ .a ° ~ ~ ::~ Da ~ ~ ~ • ° o 4 S I ~ ~ u a~ o~ ~ ~ ~ ti c . c; +-+ •-. ~0 ° w ~] C~ o~w ~ ai i y.> a.q~ a ' FJUOQ~w~ E"ca 4 o ~e~u n:~a~~ ooAc c .~ .~ nz w .a ~" O ~ a~i a o '~ ~ ~ t , ~ ~ "" t,c~` ~ ``' w a, y r ~.,~ .I, ~• 1' S , n' ~ eC O Gs Vi ~ ~ ° y ~ ~' " o ~: o ~ ~. fD c o' . . ~ ~ ~: ~ $ c •~ (per ytQ~~~° ~ a~~',- ~ y ,~. , u .. ~ ._ • • . ,~, ~ ~~1T~~I~ll~~11~11 ~~~~~~s ~~~~9 -avid H. Getches nternational critics view American institutions and poli- cies under a microscope. Despite widespread criticism of the U.S., one thing experts tend to agree on is that American higher education is the best in the world. The ~pean Commission published a study in January ranking world's best universities. Of the top 50, 35 are Ameri- ut that dominance of quality higher education may be carious. Our public investment in public higher educa- is decreasing, and some states are trying to cover the es by raising tuition. istorically, the United States has invested heavily in ter education, devoting. about 7 percent of gross domes- product to its support. Support has been strong not be- se we spend more per student but because so many .ericans attend college. Our students understand that a lege degree can enhance lifetime earning power up to an imated $1 million. 'he strength of American higher education comes from a ~ergy of Federal, state and private support. A recently dished ranking of the world's universities puts private '>. schools (Harvard, Stanford, Cal ~h) in the top three positions. But 18 the top 50 in the world are American blic institutions, including seven ~m the California system and the Uni- .~-; ,, rsity of Colorado at Boulder (No. 31 tong all institutions, 11th among pub- # , ~~~ universities). Although public higher education is ~ ~, nded primarily by the states, federal ~ . , _ ~~~ d to students, tax deductions for tu- k ~ ~' ',~ on and federal funding of research ' so benefit both public and private um- '~ . a„ ' ;rsities. And, the quality of public in- David H. Getches• itutions depends increasingly on pri- is dean of the tte support, particularly For "extras" University of Colo= td scholarships, although market rado School of :• =~a~ twnturns, have reduced the value of t_aw. ^~~' tdowments and donor generosity. . ro'. Last year, half the states cut funding ~ universities, according to the State Higher Education Ex- cutive Officers organization. Colorado led the nation with 26 percent reduction, while Oklahoma, South Carolina and Wisconsin suffered cuts of about 10 percent. Reaction~to igher education budget cuts has included reducing costs by liminating classes, increasing class sizes, cutting programs nd eliminating faculty and staff. But American greatness in higher education rests on Wore than spending. The Economist magazine recently in- licted universities in England and Europe as mostly "gov-' ~rnment-owned degree mills." America's recipe for great- tess, the article said, includes diversity, competitiveness, selectivity and flexibility in setting tuition. By having diverse choices ranging from community col- eges to flagship research universities, students of varying abilities and ,means have wide access to education in our country. And the best students can move among diverse Types of colleges and universities. Competition reigns throughout the American system - in rigorous student admissions, brutal tenure processes, re- cruitment of top professors, private fundraising and cre- ative program enhancement to meet student demands. In Europe, on the other hand, mediocrity is ensured by govern- ment supervision of "performance." Unlike most European countries, where anyone who pass- es an exam is entitled to attend any school, universities here select students who meet standards theg set and whose apti- itudes and interests best fit the programs. Costs of attending colleges and universities vary in the (United States, where institutions set their own tuition. The Economist argues that this allows costly curricula and high-demand fields like engineering, medicine and law 'to pay their way without hurting other fields or quality. In contrast, European governments effectively impose price controls. The benefits of allowing the market to.work, ,as America does, include motivating students and making universities more responsive to "consumers." Despite that advantage, Congress debated a bill that would sanction colleges that raise tuition above limits to be 'set by the federal government. Rep. Scott McInnis, R-Colo., was instrumental in removing this initiative from congres- sional consideration. He argued that to "place federal price controls on colleges and universities" could "result in, nega- tive unintended consequences." He says that aknee-jerk.re- SEE GETCHES ON 4E APR-15-2004 THU 03 57 PM THE GOLDEN BEAR ADMIN 9704797509 P, O1 ~.15.Z00~ Vail Town Caundl 15 i Frontage Aoad Vail, Colorado 81 d57 gE: GAFA Revisions Dear Town Council P9embers: I have been following the changes being proposed to the Town's GRFA regulations. I want to express my support for the recommendation sent to you by the Planning and Environmental Commission. I believe the recommendation to allow basements to be treated as a credit makes goad sense and will allow homes to be upgraded without becoming substantially larger. The Planning and Environmental Commission put a lot of worle into the proposal and I believe the Tawn Council should accept the rewmmendations and approve the changes to GRFA. Thank you for the oppordinity to forward my views. on GRFA to you. Sincerely, ~~ o~ Dame .~. ~~'~ _S ~~o~rr~~y~ ,fib _ ld~. ~~?®~ ~_~/~/L~~B ~1G S~ _e.....-.- &ddress P4/03/2004 16:41 9707481892 RZEP CO 4.15.x004 Vail Town Counc~ 15 S. Frontage Road Vail, Colorado B 1657 RE: GRfA Revisions Dear Town Council Members: PAGE 01101 I have been following the changes being proposed to the Town's GRFA regulations. I want to express my support far the recommendation sent to you by the Planning and Environmental Commission. I believe the recommendation to allow basements to be treated as a credit makes good sense and will allow homes to be upgraded without becoming substantially larger. The Planning and Environmental Commission put a lot of work into the proposal and I believe the Town Council should accept the recommendations and approve the changes to GRFA, Thank you For the opportunity to forward my views on GRFA ro you. Since , Printed Name ~C~v~,e . Q ~Q Address 64/16/2004 10:16 19703281591 CALLICRATE COMPANY PAGE 01 a.l s.zao~ Vail Toam Coundl 75 S. Frontage Road Vail Colorulo R16g7 RE: GRFA Revisions Dear Toa~n Council Ptembers: I have been following the changes being proposed to dte Town's GRFA regulations. B .want to express my support for the recommendation sene to you by the Planning and Environmental Commission. I believe the recommendation to allow basements to be treated as a uedit makes good sense and will allow homes eo be upgraded withoue becoming substantially larger. The Planning and Environmental Commission put a lot of work into the proposal and l believe the Town Council should accept the recommendatioros attd approve the changes to GRFA. Thank yoga for the epportuniry ¢m (onward my views on GRFA to you. Si rely, ~ Yf~Er-,f !~ ~ _ c,~ t_c-t[,~ Printed !dame Address 'r,i'R-16-2004 09:27 FROM:AMSDEN DAVIS &FOWLER 9704768637 70:9704792157 P.1~1 4.IS.I1104 Paa Tajo Coil 1S S fie ~ Ilea, Bodo df657 ~E: GIIFA was fle~r Tea fAeeaei llembeex I Ism the t+e®g Rroposed m tke Tam's X11 { ~ to espess salt sit far tls~ ~ in ~a 61- ~ Plug aed Eorico~dl ~aaa~sioo. I te~-e ire seooaaoo b air ~ be tested a: a are~t mafoes good cease ~ ~ ~ I~ bu 6r owed ~t >Ae P ~ Eeveo~eod pat a bt of ~rm(c i~ trte propastf red I do: '[o+ra ~ s~pd accept ~ ~ ae~ tit m t~A. Thaoffic qmn ~ ~ o~or~ity ~ fan~ord mlr rierrs ee G9fA >n yau. address Printed ffa~e 4.15.2004 Vail Town Councl 15 S. Frontage Road Vail, Colorado 81651 RE: GRFA Revisions Dear Town Council Members: I have been following the changes being proposed to the Town's GRFA regulations. I want to express my support for the recommendation sent to you by the Planning and Environmental Commission. I believe the recommendation to allow basements to be treated as a credit makes good sense and will allow homes to be upgraded without becoming substantially larger. The Planning and Environmental Commission put a lot of work into the proposal and I believe the Town Council should accept the recommendations and approve the changes to GRFA. . Thank you for the opportunity to forward my views on GRFA to you. Sincerely, Printed Mame ---`~ ~ =s-~ ------~~ ~~~ ----~~ -----~'~ ~- l --c °----~l~s ~ ---------------- Address i=?i'P-20-2004 08:41 FROM: CUSTOM HOUSE CONST 9703281279 70:9704792157 P.1~1 CC CONS'P1ll~C'1'1~)N C(1RPORAT1nN April 20, 2004 Vail Town Council 75 S. Frontage Road Vail, Colorado E157 RE: GRFA Revisions i]ear Town Council Members: I have been following the changes being proposed to the Town's GRFR regulations. I want to express my support for the recommendation sent to you by the Planning and Environmental Commission. I believe the recommendation to allow basements to be treated as a credit make good sense and will allow homes to be upgraded without becoming substantially larger. The Planning and Environmental Commission put a lot of work into the proposal and I believe the Town Council should accept the recommendations and approve the changes to GRFA_ Thank you for the opportunity to forward my views on the GRFA to you. Sincerely, t/w ~. Lori Gishop Tolanhnno fU7f11 ~7A-Zt18t1 4.15.2004 Vail Town Councl 75 S. Frontage Road Vail, Colorado 81651 RE: GRFA Rernsions Dear Town Council Members: I have been following the changes being proposed to the Town's GRFA regulations. I want to express my support for the recommendation sent to you by the Planning and Environmental Commission. I believe the recommendation to allow basements to be treated as a credit makes good sense and will allow homes to he upgraded without becoming substantially larger_ The Planning and Environmental Commission put a lot of work ineo the proposal and I believe the Town Council should accept the recommendations and approve the changes to GRFA. Thank you for the opportunity to forward my views on GRFA to you. Sincerely, ~L%~~~_~?sue O~ Printed Name Address i'~ OZSL-6Lfr [OL6l uosJaR,~ Ruoff dOfr=ZO bO 6i ~-El; ,o. The following is a list of people signing their name to an attached form letter asking the Town Council to accept the recommendations and approve the changes to GRFA, allowing basements to be treated as a credit and allowing homes to be upgraded without becoming substantially larger. Stephen Virion Christian Gramm Diana Mathias E. Cortina David Campbell Robert Lazier Taber Leto Caroline Shepherd Kelli Dexter Elizabeth Clarke Bob Essin Robert Wilhelm Shelly Gruner Carl Swenson Peter Guest F.D. Dig Rik Heid Harry Guest Karen Roof Steve Sheridan John Deverich William Deverick Jeff Wiles Chris McNamara Doug MacRae Danean Bookanther Richard A. Brown Jr. Daniel McNeill Dan Nixon David Hill Mia Stockdale Carl Cocchiarella David Chapin Mark Cadmus Richard Vermillion Don Everett Robert KendallDeborah Wittman Jill Schmitt Bill Byron Brown Terrance Ferry Peter Hiller Name-undecipherable Name-undecipherable Nancy Byers Jessica Buren Name-undecipherable Carl Anderson Paul Anthony Leto Laura Kieler Name-undecipherable Josef Ernst larese Bill Suarez Nancy Guest Andrew Cuomo r' 4.15.2004 Vail Town Council 15 S. Frontage Road Vail, Colorado 81651 RE: GRFA Revisions Dear Town Council Plembers: I have been following the changes being proposed to the Town's GRFA regulations. I want to express my support for the recommendation sent to you by the Planning and Environmental Commission. I believe the recommendation to allow basements to b~ treated as a credit makes good sense and will allow homes to be upgraded without becoming substantially larger. The Planning and Environmental Commission put a lot of work into the proposal and I believe the Town Council should accept the recommendations and approve the changes to GRFA. Thank you for the opportunity to forward my views on GRFA to you. Sinter , Printed Name 22 ~~. _ ~' Address 4~` Dear Town Council Members: I have been following the changes being proposed to the Town's GRFA regulations. I want to express my support for the recommendation sent to you by the Planning and Environmental Commission. I believe the recommendation to allow basements to be treated as a credit makes good sense and will allow homes to upgraded without becoming substantially larger. The Planning and Environmental Commission put a lot of work into the proposal and I believe the Town Council should accept the recommendations and approve the changes to GRFA. Thank you for the opportunity to forward my views on GRFA to you. Name: C'~hs~i ar ~/7,~/n' /ri Address: ~~3~~ ~y/!/>JG ~i'/J/l~G~ ~~ Signature: --~ ® ~ ~c ASSOCIATC~ READ ESTi~1('C 286 BRIDGE STFIEET VAIN, COLORADO 61657 970/a~B-18!97 4/19/2004 Town Council 1!~[embers, 1 have beem actively involved in trying to have the existing GRFA iulcs and regulations changed for the past several years. As rasidcnt of i/ail Village and along time developer I feel the existing rules are cumbersome and obsolete. !t is my opinion this has caused ninny people tc>' move out o~ Vail due to the limited a,nount of azea that these people are able to have for their residence. As time goes on families expand. !V!y family has expanded by a few people and therefore our need for additional space has also expanded. Having built more than 30 residences iu the k'uresl Road, Beaver I)am Circle, and Itockledgc area, moss of diem on hillsides, many of these residcn.ces have crawl spaces or areas built beneath the huildinl;, Allowing that space to become livable Glyn nut only increases the county's tax base, but (allows many people to add useable space that allows their families to grow without at'fecting the look o:k-existing exteriors. 1 encourage all members to vote in changing the antiquated system that will allow our cottununity to truly meet the residents' needs. I also feel it will be a great stimulation to tlic btailding business as there are maety residences throughout the Vail area awaiting a change to legally add usable space to their residence. Thank you for the opportunity and T a.m hopcfiil that there will be positive chanties to our G.itl~'A auidclinc~'1 W. lZora 13yrn~ l d 9ti980titi0£9 'ON/Z9 ~ l l '1S/Z5 ~ l l ti00Z 6l add (NOW) WOad Po Box so26 EDWARDS, COLORADO 81632 OFFICE (970) 926-4007 FAX (970) 926-4011 MOBILE (970) 471-1670 M~~I®l~lild)~1~ '>['®: VAE7[. ~'®WI~T C®ITI~1C>fl, 1F'1[~D1~1[: I~1[Cfl3tAlE>[, ~. >[.AU~'>ERBACH DA7ClE: APRIL fly, 20®4 IR1E: AIPPEAylL ~1F >1D>ESl«N RIEV>(>~W By®A~7RID APPl2®VAI. L®T fl /, ~L~1V L.ll ®1V ~ W.IID~.LL V' Il.SA®1'G My client, Mr. John Purchase, who is also the owner of Lot 17 at Glen Lyon, has asked me to provide a brief response to Mr. Barry Cunningham's appeal to a Town of Vail Design Review Board "(DRB)" approval for a single family residence to be located on the above referenced lot. During the meeting in which approval was obtained, Mr. Cunningham requested that the DRB require that we increase the north building setback from fifteen feet to thirty-five feet to allow him a greater buffer between his existing home and 1VIr. Purchase's proposed single-family residence. After contemplating the DRB's input as well as Mr. Cunningham's, we whole heartedly agreed to provide a side setback of twenty-three feet in order to partially accommodate Mr. Cunningham as well as loosen the driveway and access circulation on the lot. In addition to our twenty-three foot setback and Mr. Cunningham's fifteen foot building setback, an additional fifteen foot pedestrian easement continues to separate the two structures. Unfortunately, Mr. Cunningham is not satisfied. He is requesting that you ovemde the DRB approval and require Mr. Purchase to relocate the residence which would allow Mr. Cunningham an additional twelve feet of setback and buffer between residences. On some lots this request might prove practical. However, Mr. Purchase's lot is sloped within the building envelope at no less that 50%. Consequently, Mr. Cunningham is requesting that you require us to move the residence further up the hillside into an area in which the slopes approach 60%. The Town's potential liability if the residence were required to be moved onto slopes greater than 50% seems staggering. Need I continue? I have read Mr. Cutuungham's appeal letter and it contains little more than support based on flawed arguments, a paradox, and personal speculation. As to issues one and two, the survey was prepared by Dan Corcoran's Eagle Valley Survey office which concluded that the majority if not all of the aspens on the property were either diseased, blighted, or dead. This conclusion is confirmed within a letter addressed to Mr. Purchase from a certified arborist and forester of which a copy has been forwarded to the Town's development staff. Mr. Cunningham additionally wants to retain the trees located on the west lot boundary adjacent to the only available cul-du-sac access. If one assumes that the driveway will be approximately twelve to fourteen feet wide including shoulders and the side hill slope is 50% or six to seven feet which must be retained both above and below the asphalt, even an optimist would not expect any of those trees to be saved. The forester's letter which is referenced above also confirms this. Within issues three and four, Mr. Cunningham paradoxically finds fault with our driveway layout. On the one hand, he complains that our driveway is too long and that we are unnecessarily destroying trees with a covered parking area. He then seemingly concludes that he would be better served if the garage were located closer to the cul-du-sac and paradoxically closer to his home. Locating the garage adjacent to the cul-du-sac would obviously destroy the same stand of trees as well as confine our required guest parking to the cul-du-sac. Despite Mr. Cunningham's skepticism contained in issue five, the GRFA has been calculated and fully complies with the lot allowances while all crawl spaces will be constructed to comply with Town requirements. Further, we resent the implication that we are intending to deviate either now or in the future from the approved plans. Lastly, our DRB submittal was complete per the DRB submittal guidelines. Currently, Mr. Purchase has agreed to incur the sizable cost of additional and elevated retaining walls which will now be required along each perimeter of the residence. He has further agreed to an overall driveway slope which has been substantially increased from the original submittal which measured less than 2% to a 4% slope for the first twenty feet away from the cul-du-sac and the last thirty feet in front of the garage doors and a middle portion of 8%. Mr. Cunningham has proposed a ten to twelve percent heated driveway slope from the cul-du-sac to the garage doors to support his request. He further proposes that we could lessen that driveway slope if we expanded the distance between the arrival and entry floor levels from the current ten feet between floors to twelve to fourteen feet. He overlooks the requirement that additional floor to floor distance would impact the conformance of our roof ridge elevations and our interior floor plan stair layouts. I must concur that Mr. Cunningham has accurately interpreted in his first paragraph that neither the lot owner nor I am interested in assuming the perhaps substantial additional risk and cost of moving the residence further up the.increasingly steeper hillside in order to allow a further buffer between the two residences. In summary, after relocating the residence at a substantial expense, Mr. Purchase has more than satisfied the Town's setback requirements and has provided an ample additional buffer. Further, Mr. Purchase's construction financing is in place and he is ready to proceed. A requirement to move the residence further up the hillside will prove unduly expensive and will create additional risk for him and the Town. I urge you to reject the appeal. Thank you in advance for considering my response to Mr. Cunningham's issues and please feel free to contact me if you have any questions or desire further information. cc: Matt Gennett, Town of Vail Community Development Department John Purchase Wendell B. Porterfield, Jr. 2 k~: s a.l s.zoo4 tau Town Councl 15 S. Fronesge Etoad flail, [olorado 81651 IIE: GgFfl Iftevisions Deaf Tom Counal Members: I have been following the changes being proposed to the Town°s GRFfl regulations. I want to express my support for the eecommendation sent to qou by the Planning and Environmental Commission. I believe the recommendation to allow basements to be treated as a credit makes good sense and will allow homes to be upgraded without becoming suhstantiallq larger. , The Planning and Environmental Commission put a lot of work into ehe proposal and I believe the Tovrn Council should accept the recommendations and approve tfie cfianges to GRFA. Thank you for the opportunitq to faru~rd my views on GgFfl to qou. ' Sineerelq, Punted Game Address ~ Nn ~(.~ . l d Oti980tibOS9 'ON/9 l; O l '1S/1 l~ O l b0OZ 8 l add (NOS) WOd~ ~~, ~~~ 4093 East Spruce Way #37 Vail, CO 81657 Apri16, 2004 Vail Town Council Members 75 South Frontage Road Vail, CO 81657 Dear Sir or Madam: This winter my husband and I started playing hockey. We were lucky enough to have been able to play at the Bubble, Dobson and Stephen C. West Arena in Breckenridge. I am under the impression the Vail Recreation District does not want to continue with the operation of the Bubble due to lack of interest. The popularity of hockey is growing. Ginny Crowley, a local woman, organized a women's beginner hockey camp in conjunction with the Eagle rink and Dobson. The camp had 72 participants in its inaugural year with numbers expected to increase by 50% next year. This series was so successful Ginny organized a women's league in which 60 women participated. Eagle also started a men's beginner league which boasted 80 participants. Vail's women's hockey team, The Breakaways, recently hosted a tournament with 160 participants. These players ate at local restaurants, rented lodging and spent money in our shops. In Breckenridge, the rink has public skating and stick and puck all day long, with 38 recreational teams playing every night of the week. At least one of their rinks is open until 11:00 every night. Kids play after school and adults play after that. These examples should be enough to show there is a definite interest in the sport. The members of the Rec Board have stated that the reason the bubble will close will be to lack of participation. At almost every public skate, drop-in hockey or stick and puck that was held at the Bubble there was no one to collect money. It's certainly hard to monitor revenues when there is no one to collect them. . An ice skating rink is not going to make money by itself it has to be promoted. We should pursue events during shoulder periods to keep Dobson busy and money coming into the town. Eagle and Breckenridge both have lunch shot where for $12.00 you can play hockey and get lunch. Dobson has drop-in hockey at noon but you have to pay for parking plus the cost of the hockey so $18.00 a few times a week is a bit steep. If the product is over priced, no one will use it. Vail Resorts recently started a program called the Buddy Pass. This put millions of dollars in their coffers before the season. Perhaps the Rec District could sell passes for drop-in, stick and puck and youth programs in the fall and collect money with an incentive of a free pass for next year to be drawn out of all pass holders. I am not an expert on recreation although I teach skiing full-time but I do know if you can keep the locals happy; they will provide better services to the guest coming to Vail on vacation. The Bubble, whether it remains at the golf course or is moved, is vital to the health of skating in the valley. Although it is not a huge money maker, loads of kids and adults alike enjoy skating and playing hockey. Vail is known for its winter sports. Ice skating is a winter sport and should be a part of our valley. A solution would be to find a permanent home for the bubble, if not in Vail then someplace down valley. Thank you. Sincerely, . , Betsey Kiehl ~ ~~ .~ .. .. ,~ ,. , '. April 16, 2004 Mail ~°own Council 7g ~. Frontage Load Vail, Colorado g 1657 RE: GRFA Revisions I~ear'1'own Council Members: 1 have been following the changes being proposed to the 'g'own's GRFA regulations. Y want to express my support for the recommendation sent to you by the Planning and Environmental Commission. g believe the recommendation to allow basements to be treated as a credit makes good sense and will allow homes to be upgraded without becoming substantially larger. 'T'he Planning and Environmental Commission put a lot of work into the proposal and I believe the Town Council should accept the recorrlmendations and approve the changes to GRFA. Thank you for the opportunity to forward my views on GRFA to you. Sincerely, ~~„- Lodge at Irionshead Property ®wner /f Jef rey 13osboom 21214th Street Eoulder, C® 80302 T 0 ' d £09£ L~~ £0£ W008SOS ' S3HOf1H Wd T Z : T 0 i~0-9 T -2ld~J 61(IOg19~~,. Apeil S~, ~®®4 ~~~ ~~~ "iii c~~~~r~ ~t~~~~ ~s from CEiVSORS" FROM PAGE 1A more faith than ever in the tape .delay -not exactly a sound insurance policy. ;It's not fool-proof. It's not high-tech. It's a couple ofaeditors listening a few seconds before," said Alan `~~Jgrtzel, the man. who oversees.bleeping operations at ~~?BC. 'g'aped programs.have been subject to controversial ;efts lately. For example, a skittish NBC.oliscured a ~~atient's breast on "ER" in the wake of the Jackson ~t~a~ftime hoopla, an .image that had run before with-. 'aitt~ncident.. ~ ' But the most intense scrutiny has focused on live programs. ABC delayed its 2004 Oscar telecast to give the censors time to cut anything untoward; NBC used an audio delay for the Golden Globes. MTV plans audio ~an~ video delays for this year's Video Music Awards. CBS used. one for the recent Final Four basketball broadcasts and plans to apply one to future NFL on- field interviews. ~VBC recently added an entertainment lawyer to its '17;person standards and practices unit that acts as that network's censor. ABC hasn't boosted its 24-mem- bei staff, but the 10-person department at Fox has made some modifications since Super Bowl Sunday, adding redundancies to the process. For live broad- casts, Fox now has two on-site staffers as well as a battery of personnel in the engineering unit. Currently, ABC and NBC use afive-second delay duffing live programs. Fox won't say how long its de- lay is but suggests it is shorter than 10 seconds. A 'CBS spokesman declined to discuss specifics. But all are testing their censors' abilities to work smart with- in~a tight time frame. "We have practiced this and played with it, and the editors say the five-second delay works," NBC's Wurt- zel said. "With two people on the button, it's the right .combination of brain process and hitting the button. Any longer and you over-think it and miss things." Fox's McFarland agrees: "We've refined the pro- cess with more lead time, more people manning the button, some duplication in the system. We feel quite comfortable the likelihood of that happening has been .reduced." Fingers are poised. Here's how it works in one shop, according to an NBC spokeswoman: "You hear the bad word, then you count backwards `1,001, 1,002, 1,003, 1,004, 1,005,' then you push the button. Sa it's not infallible. You might miss it. You might not have heard correctly. If the camera's not on the face of the person who said it, it might just be a voice out there and hard to catch. You push the button down for the length of the word." For multi-syllable epithets, hold longer. S$a~i~o~ S4®~ 9ad~ 4~lecasts a 4x19 order Still, no one underestimates a pop or sports star's ability to cause trouble. While the networks are in the cross hairs over inde- cency, local broadcasters are worried, too. They live in fear of locker-room language during live telecasts. How big. is the problem? Currently, 7-foot-1. Los Angeles Lakers basketball star Shaquille O'Neal is the censors' worst nightmare: "He did it again last week," noted Walt DeHaven, general man- ager of CBS-owned KCNC-Channel 4. "He said the f-word." The lesson is, interview upset sports stars during the commercial; don't air it live. The broadcasters' anxiety covers aural and visual offenses. DeHaven allowed that, during practice runs with the station's new bleep button, "a reporter put a finger up (in an obscene gesture) and everyone was listening so attentively, we missed it." Patti Dennis, news director at Denver's KUSA-Chan- nel 9, warned her staff that words heard on prime- time entertainment shows may not be appropriate for a local, newscast. "We would raise questions even about `hell' and `damn,"' she said. (This, in the wake of KUSA's live coverage of a bridge demolition that included a barn- yard epithet from a member of the demolition team amplified by microphones.) Traditionally, television standards and practice staffs have worked mostly as an advance guard, at- tending table reads for comedies, sitting in on tap- ings, looking at rough cuts and making notes for pro- ducers. They are involved from first script to final production. On dramas, they read scripts, give notes and look at dailies. The process has evolved over time. It was in the early days of radio, in the 1930s, when the FCC first started asserting its authority to ban ` ®-1 ~ ~.~ ,, ,~: , lames tt Simons, ~C-FG95 ^ 30 Yeaes Ettpeeience Member of Tom ~' ~; '` -~ER P'OST Monday, April 19, .2004 :s the first tim. e I'm giving something back.' :e, on working as a firefighter gives prisoners hone " But Davis and the other guards can't operate like that on the fire line. -- "If Ifall down a hill and break my leg, it's these guys that are going to carry me out of the woods;" he said. And i.t's not only the-guard who must trust the in- mate .fiirefighters. The Juniper Valley crew worked near houses that were left unattended and in some cases unlocked: Carolyn Stienmer was one of -those forced to evacuate her home. As she left, the Juniper Valley crew was arriving. '. "That they (the prisoners) were even here is news to me, so I guess that's a good thing," Stienmer said. 'i "They're firefighters.. They were well-supervised, and they were working hard." Trust. must also be earned from those who run fire- fightin€; operations, :So only the best-behaved prison- ers are allowed on the crew. They must have a GED or a high school diploma. They can't have any reports of poor behavior for six months prior to joining the program, and -any infractions while in the program result iid immediate dismissal. I Laughlin said he receives about 200 qualified appli- k cations from across the state each year and this year .r:. i , ;. ., chose only 75. Prisoners can apply from any facility" and. are transferred to a crew's home prison if accept-~ ed. ` "Still, a lot of people don't know how selective we ; are, and sometimes they're wary," Laughlin said:~ "They hear `prisoners' and assume the worst." But the Juniper Valley crew, although only 2 years old, is convincing fire bosses .that inmates can be'`+~ trusted. Geoffrey Bell is a supervisor for the National Inter- Agency Fire Center, the federal body that oversees ! firefighting on large fires. He oversaw the firefight= . ing efforts for a large swath of the Picnic Rock fire; ~ and Juniper Valley was one of his crews -his first~~~. experience supervising a Colorado inmate crew. 3~' "They were a solid group," Bell said. "I found them'a to be very dependable." The crew did lack experience, a concern for any<<~ fire boss. °' But• what they lacked in experience they made up ~' for in heart and working hard," Bell said. He paid them what may be the highest compliment one firefighter can pay another: "I'd work with them again." & LOOS2 Diamond r ~ ` Apri120, .11 a.m. to '7 p.m. Southwest Plaza, 303-979-61,11 April 21, l i a.m. to 7 p.fln. Westminster'Ma11, 3®3-429-2000 Apri122, i fl a.llfl. to 7 p.nl. Park 1Vteadows, 303-790-0100 Apri123, 11 a.m. to 7 p.ln. `' Southglenn Mall, 303-795-6:100 Apa~124, 11 a.m. to 7 p.m. '' Bucking~atn Square, 303-696-1400 CVCIV I, Come out and have your favorite diamonds and gemstones restyled. Right before your eyes, our experts will transform your older, ; worn or outdated jewelry into a spectacular `' creation. Choose from hundreds of high fashion settings, 14K white or yellow gold, in classic or contemporary styles. Mark your calendar and give your diamonds and gemstones a brilliant future. ® ' ~ Y. ~! .. ~~ E~ lP®~~ ~ ~~~ ling ~~~~~~.d~~~rs ~1~ ;~r~~~? terms such as "hell" and "damn" or innocent puns. A radio host was censured for giving a burg named 3loomville the risque nickname of "Bloomersville." "It was political then to the extent that they were responding to local community complaints, but much ess political than now," according to Marjorie Heins, author of "Not in Front of the Children," a history of ndecency laws and censorship. Since then, radio and television broadcasters have mdergone periods of high scrutiny and mild watchful- iess by the FCC. Cable and satellite providers, which ion't use the public airwaves, are exempt. In the 1970s there was a famous flap over the broad- ~ast of comedian George Carlin's "Seven Dirty Words" monologue. Before that, there was concern -ver violent content of television programs such as `Have Gun,~Will Travel." The current controversy heated up when rock star Sono uttered the f-word in his acceptance speech on VBC's broadcast of the 2003 Golden Globes (as in `f-ing brilliant!°). Congress was already looking into he matter, debating whether the adjectival form of he obscenity was less offensive than the verb. One nfamous wardrobe malfunction later, and the debate •eignited. The latest indecency face-off involves familiar play- ~rs: Religious groups and others on the right believe he commission has been lax in enforcing its rules. ;ivil-liberties groups and others on the left claim the CC's power to censor indecency is a First Amend- nent anomaly. But this round, coming in the midst of a roiling vulture war, seems to be among the more serious. "Not since the McCarthy era has creativity been so ioliticized," observed Jack Myers in the industry's re-o pected Jack Myers Entertainment Report. Since the congressional hearings, the major net- vorks launched an on-air campaign to help viewers earn• to use their TV's V-chip to avoid potentially offensive programming. "It is just unfortunate a couple of human errors Wade this an issue," Fox's McFarland said. "Tens of housands of hours have aired without a problem." f~V~a~lu4~ ®~ ~4ao~o~a~~o~~ c®n4a~s~~ 41~e us~a~~ The job of the censor is subjective and mysterious, usually turning on such amorphous concepts as "com- mon sense" and "current public standards." The key, McFarland said, is "the broadest spectrum of acceptability -what the most reasonable viewer would deem appropriate and acceptable." The FCC's criteria for indecency remain vague. Con- sistent with the Supreme Court's "know it when we see/hear it" standard, the commission has avoided being more specific. And considering the historically shifting line on indecency, vagueness may be the most reasonable stance. While late-night comics enjoy depicting the FCC as "the national nanny," First Amendment proponents warn against any attempt to codify rules on indecen- cy. The National Coalition Against Censorship remind- ed Congress that the U.S. Supreme Court has repeated- ly held that "so-called indecent speech, which can in- clude valuable political and artistic expression," is protected by the First Amendment, unlike obscenity.- "Any broadening of the legislation to include censor- ship of cable, satellite or the Internet would infringe on the First Amendment," echoed People for the American Way. The current crackdown is having tangible - and predictably controversial -effects. The recent drop- ping of Howard Stern by Clear Channel has been at- tacked as a political move, based on the shock jock's anti-Bush tirades rather than the ever-crude content of his show.'Stern claims the company used "indecen- cy" as a cover. For the moment, Janet Jackson is having the last laugh in the debate over the media and public morals that she helped revive. On a recent "Saturday Night Live" sketch, she posed as Condoleezza Rice flashing a breast to distract the 9/11 hearings. Make no mis- take -Jackson wore a bra, "SNL" pixillated the im- age and the whole bit was vetted in advance by the standards department. Denver Post television critic Joanne Ostrow can be reached at jostrow@denverpost.com. 16A ~r TIDE DET `For so long, 1've taken from society. This Nathan Reeves, ~ prison inn I{'irefighting ~~~~gram INMATES FROM PAGE 1A quired to waive parole or placement in halfway hous- es for the duration of the fire season. Weeakes had been accepted into the community placement program, meaning he was on hi;~ way to a halfway house. "It's a pretty easy choice," Weeakes said without pause. "This is a career opportunity, anew start." The state legislature allowed the prison :fire teams in',1998, but the first crew didn't get up acid running unti12002. That group, which at the time was based in Pueblo and has since moved to Canon City, did so well that the Juniper Valley crew was added last year. And alnother group of 25 inmates is in training at Buena Vista Correctional Facility. "Any time you see a program triple in size in three years, it's obviously a success," Morgan said. The inmate firefighters cannot be violent criminals, sex offenders or arsonists. Most are in prison on drug- related charges. D"For so long, I've taken from society," said Nathan Reeves, 24, formerly of Boulder. "This is the first time I'm giving something back. In a good way, it makes you feel small. You're part of a group that's doing something right." ;Reeves was convicted of attempted burglary; a few months ago he returned to prison after violating his • prole. His sentence will end .in October. IIe• said he hopes to find work as a wildland firefighter when he is>freed. "I love excitement," Reeves said, his face and red goatee smudged with soot after the crew had spent the day digging on a steep, rocky hillside. "Truth be told, excitement was one of the reasons I did the things :[ did. But this excitement is healthy. In a good way, we're playing with fire." ,. ® . 'Corrections officials estimate that it takes about $228,OOi0 a year to run the crew; none of that comes from state coffers. -The prison fire crews are part of Colorado Correc= tional Industries, a private, for-profit company set up by the state. In fiscal year 2002, the Cafion City team made about $50,000 in profit. The inmate firefighters work cheap. The enterprise is-paid $3,000 a day for a crew, although other crews typically start at $4,000 a day and range up to $6,000. The enterprise pays the prisoners $6 a day. 10 times what other prison labor pays but much less than what typical firefighters earn. :`It's essentially a business run inside the walls of the prison," said Jack Laughlin of Colorado Correc- tional Industries, who oversees all three inmate crews. ~Prov:iding firefighters more cheaply, Laughlin ar- gued, saves taxpayer money -about $100,000 in the 2002 fiscal year when compared with an equivalent U.S. Forest Service crew. - The inmates are also rewarded by having a day taken aff their sentence for every day they're on the fire line. Because the inmates serve shorter sentenc- 3. ~ ~ ~. ~ ~ .; Et.. w ;; ~' ~~, i ~ ~~t~ ~: w ;' :~ t~ `4 ,`. "~~'b ~ 'f. _ r .. Special to The Denver Post A pair of inmate firefighters work on remnants of a fire last year. The success of the program's first two crews has led officials to add a third group. es, Laughlin said, taxpayers pay less to keep them behind bars, a cost that Laughlin also estimates ai $100,000, during fiscal 2002. But the cost of the program isn't the only concern - security and safety rank high. Although a number of firefighters have been kicker off crews for tobacco violations, none has ever es• taped or attempted to do so, Morgan said. She acknowledged that giving prisoners such free don could be risky. "When you look at it from public safety, it wa: certainly outside of the box,". Morgan said. "It's not normal thing, but it's worked." And the •program also works for the inmates in volved. Each of the firefighters, even those who havE just begun, tell of a moment they discovered pride. For Tony Martino, who has been on Corrections De partment fire crews since they began, it happenec last year when the crew sat in a restaurant for dinner on its way back to Rifle. "These two kids ,came up to us, little schoolkids,' Martino said. "They gave me a hug and a kiss, ant they asked us if we would pose for pictures witl them. Firefighters had saved their house, and to then we were just firefighters." Martino hopes to work as a firefighter when he get; out of prison - as do most of the inmates. His felony record will make that difficult but no impossible, Laughlin said. The competition for the jobs is tough, and crews can be hesitant to hire crimi nals, but a few of the program's graduates have gong on to full-time employment. D The correctional officers guarding the inmate fire fighters live alongside their charges, and they too are changed by the experience. For guard Pete Davis, one of the most challenging parts of the job is that he' grown to trust inmates, something he had carefull; avoided in the past. "It was hard," Davis said. "When we're behind th 'gates there's a safety zone -and that's physical am emotional. We assume that zone because we need it." ~~~~~~®~~ ~®~}~' ~~~~~ harm's way as waist-high flames and heavy Jl~ smoke rose from the forest floor. No visual clues distinguished them from their col- ~~~~®~~~~ ~®~~9 ~~~~~ leY t the 20 men were prisoners, part of i3y Marcos Mocine-ilflcQueen the Juniper Valley firefighting crew based out of the Rifle Correctional Facility. Denver Post Staff Writer Some of the inmates were so passionate LAPORTE -There was something dif- about their work that they had chosen the ferent about 20 of the 420 firefighters who flames over freedom for the duration of the battled the Picnic Rock fire near Fort Col- firefighting season. lips, although it was nothing that could be Firefighting "makes you feel that going seen through the soot and grime on their to prison was a blessing in disguise," said faces. Bruce Weichmann, laughing at his words. They worked .side by side with the other Juniper Valley is one of two such crews; firefighters. They got hot, dirty and in fire and prison officials have been so happy. with the program that they're adding a third. Gov. Bill Owens even gave the in- mate firefighters a nod in an address this month. During fires, the inmates work worlds away from the concrete and chain-link fenc- es of prison. They live without walls, cuffs or shackles. They camp under the stars and spend days in the backcountry. The inmate firefighters carry chain saws, flares and hand tools sharpened to a fine edge. The two unarmed guards assigned to the team work alongside their charges on the fire line. As the.prisoners repeat constantly, usual- ly with a smile, they're "just another fire- fighter." The program has "been a success finan-_ cially, and it's been a firefighting success,'.' said Alison Morgan, a spokeswoman for the ~ Department of Corrections. "On some fires last year (the Juniper Valley) team was the rt first team in and the last team out." r i ~ ~~I Patrick Weeakes chose to stay in prison so he could join the team, and he wasn't the ofily one on the Juniper Valley crew to do so. To prevent the loss of crew members at midseason, the inmate firefighters are re- , SEE INMA'8•ES ON 16A ~ fli Niannin ; own the top pick. If they 9 don't take Manning, . they I Brother Peyton probably will trade the se- ~ 1N8S Chosen No. lection to somebody who 1 in 1998. will. ,,, The Denver Broncos have r' traded up and now hold the 17th pick. Experts speculate they are looking at a wide receiver or a running back. 4~ t' NUGGETS CONTIiUUE POSTSEASON f p PUSH: In the playoffs for the first time in nearly. a decade, the Denver Nuggets continue `I their best-of-seven series with the top-seeded "Minnesota Timberwolves. Game 2 will be Wednesday night in Minneapolis, and Game 3 will be Saturday night at the Pepsi Center. ~. ENTERTAINMENT ;~er»1 W~shing~®n ua~®ads ~adfl~e~' Iln `Klan ®n F>Ire9 ~, uu aunaay out a1a not alsclose his name - a clear sign that the group is on the defensive in the face of Israeli at- tacks ahead of Prime Minister Ariel Sharon's planned withdrawal from the Gaza Strip. Sharon on Sunday picked up the sup- port of key Cabinet ministers for his uni- lateral disengagement plan, including the Gaza withdrawal, assuring him of a Cabinet majority ahead of ahard-fought referendum among the 200,000 members of his Likud Party. . ~a,,,~~ ~„ate„ viieii~ive agatnsi the group. While the Israeli military' actions have generated retaliatory bombings in the past, the overall number of Palestin- ian attacks has dropped substantially since peaking in the spring of 2002. The two recent killings have given Ha- mas and the other Palestinians a power- ful motivation to attack, and the coming weeks should indicate the residual strength of Hamas and the ability of the Israeli security forces to_ thwart the group. . ee~ tea. ~ ; .~ ~' ~a.sts ®ff t® ~ ~~~~ ~~ y iiigiy uuiicui~ for tine groups io snean bombers into Israeli cities, and most of the recent attacks have been on a rela- tively small scale and limited largely to the Gaza Strip and the West Bank. Israel, meanwhile, says the threat of violence remains extremely- high, and that at any given time the security forc- es have three or four dozen warnings about possible attacks. The Associated Press contributed to this report. Powell's like revives Whig By Steven R. Weisman The New York Times . r Commentary on Exhibits -Cunningham Appeal Tree Destruction/Improvement Location Issue Exhibit 1 is a copy of the DRB-approved plan of the proposed Purchase residence without trees correctly identified, while Exhibit 2 is a copy of approved plan with trees correctly identified by Mr. Cunningham's planner. The comparison establishes the inadequacy of the submittal to the Town and the inability of the DRB or staff to correctly analyze the impact of the project on the existing situation. Exhibit 3, a photograph from a distance, up the road leading toward Purchase property, establishes the actual timbered density of the northwest corner of the Purchase property. This distant view is reinforced by Exhibit 4, a photograph of the area of the Purchase property above the Cunningham property, taken from close to road, and by Exhibit 5, a photograph of the area of the Purchase property above the Cunningham living area. Most of these trees depicted in Exhibits 4 and 5 will be removed because of the proximity of the proposed Purchase residence and driveway construction to the north property line. Exhibit 6 is a copy of the relevant part of the original landscape plan without trees correctly identified. This landscape plan was no more accurate with reference to the current situation than the plan identified as Exhibit 1. Further, no revised landscape plan was submitted to the Town after the relocation of the project southerly, a change which actually created a somewhat greater opportunity to create a barrier between the two properties. Exhibit 7 is a copy of calculations by Mr. Lauterbach regarding the possible relocation of project. Contrary to the analysis by the Town staff in which it was stated that movement up the hill would significantly increase the impact of the project, this print-out, with the associated marginal analysis, establishes that a movement approximately seven to ten feet up the hill would result in an elevation change of only approximately two feet beyond that approved by the Design Review Board. Exhibit 8 is a copy of a letter from Mr. Lauterbach to Mr. Cunningham confirming Mr. Lauterbach's desire to relocate the project southerly, if that were possible, but indicating his belief that such a movement was impossible because of the Town's limitation of the driveway to a 4% grade and the requirement for a level area in front of the garage. Exhibit 9 is a copy of part of the Town's Design Review Standards relating to driveway grades, which establishes that the permitted grade in a single family residence situation, without a heated driveway, is actually 10%, with no regiurement for a level area in front of the garage. r~ u Commentary on Exhibits -Cunningham Appeal Mass%GRFA Issue Exhibit 10 is a copy of the current Mail Municipal Code provision related to GRFA, which establishes that, in order to be excluded from the GRFA calculation, an area such as exists on the lower level of the proposed residence must have a contiguous opening comprising 25% of the perimeter, excepting only railings not in excess of ~ inches. Exhibit 11 is a copy of the Town's 2003 Ordinance #5 modifying GRFA standards, which confirms that the contiguity requirement relates to the contiguous opening around the perimeter of the space, and not the contiguity of the space itself. Exhibit 12 is a copy of the lower level floor plan of the proposed residence with dimensions. This floor plan establishes that there is no point around the perimeter of the partially lower level (which was excluded by the Town's staff from the GRFA calculation) where there is any opening which comprises a contiguous 25% of the perimeter of that space, as a result of which the space cannot be excluded from the '~ GRFA provisions. Exhibit 13 is a copy of Town's GRFA summary calculations, excluding the space on the lower level, and Exhibit 14 is a summary of the Town's GRFA calculations by floor, with the addition of the area erroneously not included by the Town's staff in its analysis, establishing that the total GRFA in the building is more than 25% in excess of that which is allowed. D C; Exhibits - Cunnin hg am A~yeal Tree Destruction/Improvement Location Issue - Exhibit 1 -Copy of approved plan without trees correctly identified Exhibit 2 -Copy of approved plan with trees correctly identified Exhibit 3 -Photograph -distance view up road toward Purchase property Exhibit 4 -Photograph -area above Cunningham property from close to road Exhibit 5 -Photograph -area above Cunningham living area Exhibit 6 -Copy of relevant part of original landscape plan without trees correctly identified and not updated after DRB required changes Exhibit 7 -Copy of calculations by Mr. Lauterbach regarding relocation of project Exhibit 8 -Copy of letter from Mr. Lauterbach confirming desire to relocate project southerly Exhibit 9 -Copy of TOV Design Review Standards relating to driveway grade Mass/GRFA Issue - Exhibit 10 -Copy of current TOV Municipal Code provision related to GRFA Exhibit 11 -Copy of 2003 Ordinance #5 modifying GRFA standards (excerpt) Exhibit 12 Copy of lower level floor plan with dimensions Exhibit 13- Copy of TOV GRFA summary calculations Exhibit 14-Copy of TOV GRFA calculations by floor with addition of area erroneously not included by TOV in analysis D i _ I TOW 8169x0°"~~ TOW 8168'-0° TOW 8167'-O' BOW`0163'-0° 80W 8162'-0' I BOW 8164'-0' ~~• TC N PEDIS~TAL ~ BC / SWA / ~ / ® ~ TOW 8164'-0' ~ • •~ ~ ~ ~ / / BOW 8168'-Oj,, ~ / ~ / ~ / / ® ~ / ~1oN coNTraoL ~E~ ;, . m .~ ~ ° . . ~.. ° .. y / ~1 HET@R I~CATION • ~% / ~ / ~ / ,/f •~. 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"rN$ M1 ''; ~~ "~ }~~{.. ~ i T ~ p i ~' i i 1 4~ .. ~!!'.: I'•"~ I a•-!i ~$ ! 1 ~~~ `' I r...~ '' l ~ -, -y. f '~ ~ f.~Y EXHIBIT 4 r~~ I ~Qi: I' is 1. ~' I~, ~. _JL •I lit p. h r,k~ ~h• ~l, t ~ 4'.:.°,~. _ ~ ?.5 ~y 1 =it _ ,~r lt`niu'{`"R"i'_" r ~r . ~.r , ~ s ,y"~k . Tr *4~ , rl+. 4r~~ rwf-Sr~• '4~A~ ~s• r' _ - .1 ~ i ~ r .f ) a . 'IX e t i {~.r 1', , :q vy .~t t/.*t . a "x.' 7. 1 • .i lr`~• erg C~ r f}~ " r ~~:6~: r4 •.~yf~r r +.b• u1+~, ~ . y, 1~; V y. y a y s~ ti ;~~p rt+~}'•rf A , ~ ''i. ~'T "r R r•~', ~'r ~ ~ .••«wp ~,r..~'•".. • _ t. ~ • ~ ~ ' '.F. ° ` i+ '.J; .fin } yr~ a C/La`.+4 rr A tat'aK w p' •r fir' ~ ' .f. r'•~ 1,. s+ iw o77t r-..- .r,i, etyR a: atl : w L'•. •71! a . •a µ w y 1.14 X91, n. ~ywa-~~: `f~J,-y '~'i !i ~.:~t y;'4~!• ~..a f ~'"..~rp ~,x `:,.r.' .:v t r4;~e r ~ ( f :r t'` '.v„~• n~ .ay^,r "2 s.~ .w.•,~ r F tl '±ma' . ° 1""';+t ~r , ~r "Y*I ~ 1' c ;k'"r;-.'. 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M f !'S JM1:'' y'' ' ~Y '!~i I `„~y/['„ 4'1Q/r~.r~'!.1~ 41 1 • iL . y~ ~ ~ y~r i tom" ••a t ~I o * ~ ? p _ y w " Y ~p~ :d",: ~ - ~ :t'r~~' -.g ~ { y'~, < 1 *~`1 ~ ,p 'r• r 1 . ~ i ~A y ;A ni - ~ t1` 4• r' 'w'' 'Te • r 1. f r Ra Y+ { ~ T' ? i ,i,~ I ' ~ z~~ ~r, . ~i• y + .'c .k 1 • - r v~~ t h°J'i ~ ~ ~ y _ I'3+• ~ t _ , ~ f ' ~'i• l iii r ~p~ ' _ .h 'Ll Z- -q.9r C 'A - L 'f ~ _ d!'3i° . .r.+. ~ f- _r 5 ~t `r' I '.Y~' - ~ ~ `~Y~`. / ,+r - t rat •y±t: t yak I i' ,. C • ~. ' ~.w.'iJ WW Mdl b ~VbN.a n. Ml. ~ 1/1 1..... U.i .:r d . y',~.~~rm(t~Ml mJ brYfill(d 'ujlh a cm.GL.a['u. d I^P^'i~ll e ~} 1a ~O .~ .r.~ed:, w ~ arw Mdl new ,,,~y,,,,,~~( •~ •s..or~ :. Mu as t h tr1v~Y..~d 1 - ~~ yr~ r. ~ ~bt Awd i`od 1 I ~' . . an 1 ~h vwn.e le - Moil b ieealN u~N c`WA4 •ma retnn:y nasnn D-] r rtl d a •._.. r.i.o~ Ira iiv. wll N.! brY 'Mdl b.ILW w mol Pb to . b~V ~tepn-rrA. Ail 4 0.0 MM We. .noel b ' Inp.>tiwG uan a m.....o.. dl~'.~ fuk nwicn. Nrbe(u. yb.ar• bA. • tr I~.di, a a d.pan d t' e.e b rvy In.. w • d' .clad mov. MwN b .q t•.e. ( I ra.Wa y a ArOsr 1ra^0 bM.].noll lr Irod°..d uI /l•tE~¢k Celrade Nrw~ o.ua . ti.wVd ro tu:•M.E m t.~r•a daa~ rro...v .-• wW ml., ad u ~ b ~^a~ W w...:q alr waA ml.av d a .M• d Ii1 pw~e. v.-d b- -O Iraiilur •.MI b t. v icy n /1000.1, Iln./~• wa m nva+d o c IuYif:r n arm rx. M I .°t ~ ...., t,.a+a.r..,. `n loo. ..r a~.. .r,Ml b e,e.ea. e> it .nar.~ . °. u.i•. a. .~.~.a ve.a ra .a ~..wr to b mo..d, Md ay b o~aly b'c Mu. /~ im.W.d.ly dm N1a wie.d ana.. of oatu d..nry DIwW ~V 1~1, a ~..en W d qrd .iu av vml d+~a.~ .q.d .~r i.~.,l (ru;Iw1 v... ~ TRACT G .... ~ •~~ `.«~.;.. 4 ( w I , ~GREENNILL~GOURT~ (<o~ g.o.Ll~ ., ... .. wa .....~~ ~. ~. ~ ~ .... ~_-6 W ~A r : ~' , y= -; 't. ~~~~.i J ..=.y"r; jaw 1l ~• ~ • '.:% e -1~1 '1 r // / / 9'~ / // / / // // / L. •.. ~ / / / . / / 4~ / / /~ / / / / / / :' / / ~/ / / /~; / / / / /e~ / / / / j- TRACT D t /... / /_ / / / /, / / / / / / / / / / / / / ! / / /~ / / / / d R -'~'~ f ~ fi / / / / / / / / / ~ / / /~Y ~ / / / / / / / / / /~' / / / .~~ / , 'v ]~ 1 / l / / / / /' X . / / / / / / Kp / f f ~/ / / / / / //// / / / ~/y.~ / / //// % / // f ~ / ~ ' / / / / / i / ~ / / / / ~/. ~ / / / ~ q .~.~., , a...,r ~..m,. ,... LOT 16 ~ / / / / % / / / / ~ / •o--~..u . w..an rn..ea. .w / / / / / f / / / / // / / // // ~ / / / / / .«..u .e °.....n .n..m. LANDSCAPL'• DGVLLOPMBNT PLAN / / / f ~ /~/ '°`°"°'°""'°`°""°"° SCAIE I' • 100' tY „u r nl naav. // / EXHIBIT 6 ~~ ~~ ~ _~ i ~ . LOT 25 1. , / i ~ / / / _ / / °~~ ice. / %` / ^o/;/ / ~l % ~~ ','~M~, l/// / / / / / / / ; // ' / / / ^ /// / - / / i / .~ ~ / / ~ / Fist :y ~ ~. / Y'L"°ic°.. '. / / ; / / / / / / / / ~/ '~--ice / / ,~., n(i ~./ / /'/ / / /..,~ / / ~ / / / / / '; / /. ~.> H rtn..u / ~ - / ~ DOK'af H K).l.' ruw m..aa --~ - '• ~ ~: ~ .+ i. ./. / / / // / / / / / / / / / / / / / / / LOT 26 _ / / / / ~ Z ~ ~ r A~"4 • ~ ~ ._ ,.~ i .~ %,..~.~.,:~.~~ /ice// / 3. S ..... . ... .. .. .^• •Y .. . .. •t . .. , •~,~ssr•ah. La'tdocap? .Not®o . - ' ' _ .'.~'• , ;Tr~o`.raid':ahrvbd`ohalG bd• •planted.'in;:`pito .~~1~2; twr~co• ths~.oisa:of... • : .. •• th©~~ laT~.~rvot,ball'.and. bockfilltd~~tujih~ a •'tcri)bb+b~an of topeoi~;; ~~ r r _ ~~ :. • u,olh~rotl~.ir-~+ra @*d .~P~;~.~,.All. •,trmes~_ 'shalt: hoPi~'h mall' o_•': ~ . • "' mirur+')~ ot/ !'~ 4° dsaP~ corTiparabla':in Diu to.tlxi~'drip:' Iku 'of' the .. • . • ~..tt~s~•..,,.-•All•duiduoua.-troea':'o~all .bis ot~kcmduiith:6: ot,oaY °T°'~ - . -• p~to' and ,guyed with .is1:4 ~eavge 0alvanirad i:liJOf'a', and 11./2° X 18° . • ' ". ~• ',;• nylw'i 'tr®e°' otroPa.`• 'Aft.ar°':liwtallation..oll resluly Plant®d..tr:reea ~' shall ' 6e •,f•ootfmd with o •Ilgyld root growth'.'ot~ulatar containing . vitamin:'B=Z. ns well oa a' glow rrsleoas fertilizer: . ... • ,All:.siFYvJi t~sda '-shall be .lined with'waad preventloh mat prior to. .. • 6ain0 ^tapdr"aeaed: All tree iualla 'and sshrub bedo :shall • Jte . , ••.-t,opdn¢aoei! with o•min'Knum~of 3°~ of. bank mulch. . 1.{srbnccoos planting bads shall' Ea topopitj'tilled ,to.'d depth. of - ..~° :and be rock fnoe. A miiciurs'~of ~ cornpoat mod' well rotted manure • should be: •Lilled Into the'•planting beds',( 1 wbic yard' cornpoat . .' per ~JO a.f ., OnC LUbiC .Yard• rr-arwr•e per ~~ a.f.~• All . hserbaceous planting bade shall . be tvpdr~eoisad with 1/2° black • Colorado humus pant All disturbed areas designated on, -the.'Larid+uape Ptan to' receive native grass treatment ofthe r~corTVnendt~ seed mix,. and shall be ® . rave0etoted by sowing the seed mixture ot. o rata of 1/4 pounds . par linear 'sc~yorr' acre. :' I • One application of 18-46-0 fertilizer .shall be jxoadcast Prior to I Tow ~,~. ' leading at the rate of 7 lbs./1000 s.f. All revegitated Q-eas shall saw ~•.y de mulched with 2=3° of weed' free hay or straw. Atl mulched . area 1 shall be treated .with an• approved .organic tackifier at the rate of Tv •P~DIST i 120 lbs./acre. ~ •:•~,:.:...:. ` .. . To.+ eels-o' •:./... . ems.'-a -~•~:~r:- -: •.:. All newly Planted shrubs and trees oholl receeve drip irrigation. ';••:•i%.•,•.•. ~ ~•.•.'•.•. im an with 100% overlap. This / • ~y ;~•: ~ • All sod areas shall receive spray gall . •. .. . v ..'.' system shall be automatic. Sprinkler system to be Design build. azac our ~;,,. •:.e•• '• . ® 9efore any site excavation any existing plant materials shall be t lea ....~ ._ . . excavated and bagged for proper root protection and .stored with. Tae ~, ~~y. ~'~~---••~~ _ ... topsoils where indicated on pions. B0o"' :. _ ••••' :••: ' ..'~•: ' Trees to be moved, shall be over dug to the extent of the drip edge ,/•~.. ~:•o. . • / : • .•.. / _ ard' immediately plmted a9 described above and watered during ,'•_• •:...._;;... , s'.,,, construction. Should the trarreplanting foil, a replocemmt shall •:.:.:.;....•.•.: -•. / / installed of egyol aiu or multiple planting to obtain equal siu a0 •~;•e1iA+:siacm~•:•:•:' ,~•.,~ ' /• jY`~ / / the exist' (failed tree. ~+ ~'+'-0' '~ / TRACT ~ /. ~e~'-a / ~/;/{,• •/~ •0\~ ~; / ~~/ . / aa~ or6o'~ ~ / : his /` ~ / 0. R~40.00' ~ / ~. / ~, .4'• / ~ ' alab:e x • - ^ ' ®6E a? npP°dALT ~MPAT®' pRl V,~ ~ ~ / ~ l ~ ~/ ~• ~: 4-O' COkGRYTQ PAN ` ,~a~~ ,~, ui l T / / ~ ~q ~/ / -: I; , W/ Y INVERT (R!O NCAT) / ~ ;: qs~"` ~^ ,~ ~ , ~ \ ~ ~ ~a / / ~ / . ~~ GREENNILLdCOURT j I ~"6v-°'•I'`•~°,:: ,~ / ~~ / / / ~•' ' f==~ 16 a~ tclavATIQNJ ~ I • ::~/ .. • .' ~ ~ / '~ ~ ~ ~°r. / • / ~ i orc~.l olea.a •• /J IN1/~ZT ~ 01~a.2 '.O'. ~ ~'~ / ~~ / //PAT et Gar1 Cl67'- .rb.. i '. / TOtI 016x'-O` ~a ~ C ', 1 ~~ @DYI Or6a • ~' ~ ~ l'. / 'y .I. VYILIPT PWaaTAd.[) ~wv;elirJa' ,~. ~ r6rn~~ eF+:a . ~ woe~o a e,eFtts ~ l~ta ®ne ~+ erne' ~ ~' aW® emi6 en . . Pea elid'.0° /• ~~GRI !~~®~I ~Y 99 ~ITIOAIAL ~1'~1 ~@I~E ~4RdALYSIP ~E1<l6EQ 4 .. r~ u AB®ITIOI~L 5~,4CK N9RTl~EAb"~FdLY RAONE,R~EIyT LOWER WEST COLU1~Rl UPPER !,~lE~T ~RF~IE~ RIFT "~16E at6TE ®ET~EYd ~OIPdTS AAmE SLOPE ~IaSE lRt F~@R I~EIGH'T fIHlS'1R1. ~6FIGIT A7 URPER FLOOR IEVEI ~®~: D~IMEIf!!AY CAIM ~"~ @EFrCIT SLOPE ~T Ui~~~ L€~PEL r~ f~L1~1/f~TO@PN ~OFTIOIRl6~ ~ET~4GK ~I~TIa~s~~~LV ~@>~~T ~RfT~ @l° L®WER CO~,UI~~S GEPgITyI~ Ot` 6i~~i t~~b ~E 1 1~'~E ®!3T-E ~ET~NEEPd P61Rf~ A!/ERAGIa SLOPE Rt~l$ TPd F'dQ@R F~iI;E~!-P2 Ih11~'IAL ®E~lGIY kT l1aPER FLOOR LEV@,1 ~; Dr'tlllleWA~' ~Ild NAT ~mFt@f`l ~OP~ ~Y UPPER LPL ~, EL~~i~'6»~1 ~®®riel~L sa=e1~ R~RT~lEr~sSTE~Y 1lE~II=ACT ~9W~t Ia,AST @®1_L!l~IRI UPS OAR FdldT R 9t~TAR1~E ~-T~/~R3 P~1RIi~ I~tad IPc ~O~ ~I~k~T I'I`dprnAL~j~Fl~a/t;~b~T,(~UPRLeR sF'LO:~ LEVY': PW r. {..LI~IyC410..'1Y VY'11~ RIE~ ~r~C!T SL,'®PE ~,T ~6PP~R ~Ed~L ~~~~ .)N~~~~~ ~~ ~T Tr~~ ® ~ ~ 0 ®' 92' 95' 0 90' 96' 20' a93D ' 8161.5 ' 8162,5 ' 8163.3 ' 819 ' 22 ' 818 24.5 8167.b' 25 ' 8188 ~~~, ~.~ b0' S0' ~' ~' b296 4996 50~ 5096 ~' ~' 20' (1) ' (6) ' (7.B) ' (8.S) 9' (1) ' ~.8' 1.1 S,5' (2.2) ' S.9' (2.8) ' ~ ~ ~~ ~~ 50~ g0% • 5396 ~L`~ET'I I ~ ~ ~ o ®• rta' 93' r~,~' ®95D' a1~.e' ~161.s' 81r~7' 3 9 ' x192' 81s~3.5' 35 ' Eh~B_3' 69' 61' 81' 61' S 4.89 ~ 2a.B9' 6496 23.6 §4X 23.67' 2;1.67'. NG 1 (3.39) ' (8. (6,83) ' (10.67) ' 0' (3.33) ' ~.6' (9,~3) ' 6.3' (~.b8) ' S.6' (5.1) ' ~ B,'1 F`1 ~y~ 56~ ~~ -5645 ~L7'~-T a ~' i~' 0 40' 96' 81 b3' 8985.5' 6'157.5' 8176.6' S97D.5' 94B9.5' ~3-b ~ 2d ' 58 ' S®' g® ' 60~ 40.8 4U ~®.6' '~ ao ' ~ ' ~Q ' 3.5' .6' (1 ~' 9' d-4' S.3' s.v ' S. 3.~ ' 5146 51 °~ ~0 609'0 95' 29 ` 815D ' 5~ ' 4e.6~ ~ 20 ' (3) ' ~.~ ' L. q 2. ~ ~'~ I.?RibEW~l~ Af~c d~c~e ®I6'TE T9 eE 9a ~ ~ . ~ . ~ , Flf~&T 9®~T AT 4~ ®,4 0 ~ 6 ® ~~T ~® ~~ AY 446 1,g , y .a . 9 ? ~E~aIPd AT ®~ . ~ EXHIBIT 7 FR~Ji't U FRX tom. :9702235010 Mar. 01 2H04 05:33PM P1 the the Town ~ d ~~ ~ ~mor+e than 4~6. Un[eas a ! fir. B~leeaa !et sx~e know if ~ LO fC90C Qt11tOS t~ffit l?fe to variance ware Z4 dent ctan'e Wit, ',IAb~ A~~ ®A~ ~ ~ ~' ~ ~~ C®~`i~i ~t~' ~ '~ ~H~? Y f i~ ~ !~ ?~~ ~DWAl~Q69 I.~RAD~ ~1f31 EXHIBIT 8 r i QQ O EDGE OF PUBLIC ROAD ~ -- SECT - SECTION 2 ION i (REMAINDER OF DRIVE) SECTION 1 SECTION 2 SINGLE FAMILY, THE FIRST 10' MAX GRADE: MAX CROSS OVER GRADE: TWO FAMILY, OF DRIVEWAY UNHEATED - 10% UNHEATED - g% PRIMARY/SECONDARY CENTERLINE HEATED - 12% HEATED - 12y, RESIDENCES ShiAL"L 8E 8% ' OR LESS MULTIPLE FAMILY THE FIRST 15' MAX GRADE; MAX GRADE; 4 TO 11 UNITS OF CL SFIALL BE UNHEATED - 8% UNHEATED - g% 6% OR LESS HEATED - 12% HEATED - 12% MULTIPLE FAMILY THE FIRST 30' M~+X GRADE: MAX GRADE; 1 1 + UNITS OF CL SHALL BE UNHEATED - g% UNHEATED - 8% 4% OR LESS HEATED - 10% 'HEATED - 10% EXHIBIT 9 ~'~ , De artment of Public Works Trans ortotion °"° Y n~ Drivewa St y andctrds ~~,. ~~~~ DRVGRADB Residential Driveway Grades ~} ~7 ~ EOA I 4~ 10 ~_ ~~ I I THE MAXIMUM GRADE BREAK FOR A SINGLE FAMILY, TWO FAMILY, AND PRIMARY/SECONDARY RESIDENCE DRVWEWAY IS 14 9. I.E. Za + 129 = 14ro, OR Oro ;- 10 ° = 149 EDA 29 ~~ . I C7 EOA I 29 4° _, I THE MAXIMUM DRIVEWAY GRADE BREAK FOR A MULTIPLE FAMILY DWELLJNG UNIT WITH 4 TO 11 UNITS IS 6 :. IE. 29 49 g o EOA 29 I THE MAXIMUM DRIVEWAY GRADE BREAK FOR A MULTIPLE FAMILY DWELL ING UNIT WfTH T i OR MORE UNITS IS 49. IE. 2.~ + 2'; = 49; ~ vt~~f~ ~ rye 1 ~. y ~t~ ba/o .,..., Department of Public Works /Transportation _ / ~ ~'~ ~ Driveway St®nd®rds ~ ~ 99 ~ GRD®RK M®ximum Drivew®y Gr®de -Bre®ks ~ ~ 0 12-1~-3: DEF1N1TlON, CALCULATION, AND EXCL... http:ii~b.113.1y~.234iCUiVaiLl~U13UUUUUUUU3000.iilm ® A.Gro R ss esidential Floor Area Defined. The total square footage of all levels of a building, as measured at the inside face of the exterior walls (i.e., not including furring, Sheetrock, plaster and other similar wall finishes). GRFA shall include, but not be limited to, elevator shafts and stairwells at each level, lofts, fireplaces, bay windows, mechanical chases, vents, and storage areas. Attics, crawlspaces and roofed or covered decks, porches, terraces or patios shall also be included in GRFA, unless they meet the provisions of subsection Al or A2 of this section. 1.1Single-Family, Two-Family, And Primary/Secondary Structur~s~Within buildings containing two (2) or fewer dwelling units, the following areas shall be excluded from calculation as GRFA. GRFA shall be calculated by measuring the total square footage of a building as set forth in the definition above. Excluded areas as set forth herein, shall then be deducted from total square footage: a. Enclosed garages of up to three hundred (300) square feet per vehicle space not exceeding a maximum of two (2) spaces for each allowable dwelling unit permitted by this title. b. Attic space with a ceiling height of five feet (5') or less, as measured from the top side of the structural .members of the floor to the underside of the structural members of the roof directly above. Attic area created by construction of a roof with truss-type members will be excluded from calculation as GRFA, provided the trusses are spaced no greater than thirty inches (30") apart. c. crawlspaces accessible through an opening not greater than twelve (12) square feet in area, with five feet (5') or less of ceiling height, as measured from the surface of the earth to the underside of structural floor members of the floor/ceiling assembly above. d. Roofed or covered deck, porches, terraces, patios or similar features o s aces with no more than three (3) exterior walls and a minimum opening of not less than twenty five percent (25%) of the ine al perimeter of the area of said deck, porch, terrace, patio, or similar feature or space, provided the opening is contiguous and fully oven ® from floor to ceilin with an allowance for a railin of f rt four inches (44") in hei ht._ EXHIBIT 10 1 of 6 4/20/04 10:02 AM 12-15-3: DEF1N1"I'iON, CALCULATION, AND EXCL... http://66.113.1 y~.23~/(:U/ V aiU 16U 1 ~UUUUUUUU.iUUU.llfm 2.flMultiple-Family Structures:iUVithin buildings containing more than two (2) allowable dwellings or accommodation units, the following additional ® areas shall be excluded from calculation as GRFA. GRFA shall be calculated by measuring the total square footage of a building as set forth herein. Excluded areas as set forth shall then be deducted from the total square footage: a. Enclosed garages to accommodate on-site parking requirements. b. All or part of the following spaces, provided such spaces are common spaces: (1) Common hallways, stairways, elevator shafts and air locks. (2) Common lobby areas. (3) Common enclosed recreation facilities. (4) Common heating, cooling or ventilation systems, solar rock storage areas, or other mechanical systems. (5) Common closet and storage areas, providing access to such areas is from common hallways only. (6) Meeting and convention facilities. (7) Office space, provided such space is used exclusively for the management and operation of on-site facilities. (8) Floor area to be used in a type III "employee housing unit (EHU)" as defined and restricted by chapter 13 of this title. c. All or part of an air lock within an accommodation or dwelling unit not exceeding a maximum of twenty five (25) square feet, providing such unit has direct access to the outdoors. d. Overlapping stairways within an accommodation unit or dwelling unit shall only be counted at the lowest level. e. Attic space with a ceiling height of five feet (5') or less, as measured from the top side of the structural members of the floor to the underside of the structural members of the roof directly above. Attic areas created 2 of 6 4/20/04 10:02 AM 12-15-3: DEF1N1TlON, CALCULATION, AND EXCL... http://tib.113.1y~.234/CO/VaiU1601~UUU~~~U~3UUU.htm by construction of a roof with truss-type members will be excluded from calculation as GRFA, provided the trusses are spaced no greater than ® thirty inches (30") apart. f. Crawlspaces accessible through an opening not greater than twelve (12) square feet in area, with five feet (5') or less of ceiling height, as measured from the surface of the earth to the underside of structural floor members of the floor/ceiling assembly above. g. Roofed or covered decks, porches, terraces, patios or similar features or sp~ace~sJwith no more than three (3) exterior walls and a~ minimum openina of not less than twenty five p rcent (25%) of the lineal perimeter of the area of said deck porch, terrace, patio, or similar feature or space, provided the openina is contiguous and fully open from floor to ceiling, with an allowance for a railing of up to forty four _ inches 44" in height and support posts with a diameter of eighteen inches (18"1 or less which are spaced no closer than ten feet (10') a a .The space between the posts shall be measured from the outer surface of the post. ® B.Additional Calculation Provisions: 1. Walls: Interior walls are included in GRFA calculations. Fortwo-family and primary/secondary structures, common party walls shall be considered exterior walls. 2. Greenhouse Windows: Greenhouse windows (self-supporting windows) shall not be counted as GRFA. "Greenhouse windows" are defined according to the following criteria: a. Distance Above Inside Floor Level: In order for a window to be considered a greenhouse window, a minimum distance of thirty six inches (36") must be provided between the bottom of the window and the floor surface, as measured on the inside face of the building wall. (Floor surface shall not include steps necessary to meet building code egress requirements.) The thirty six inch (36") minimum was chosen because it locates the window too high to be comfortably used as a window seat and because it allows for a typical four foot (4') high greenhouse window to be used in a room with an eight foot (8') ceiling height. b. Projection: IVo greenhouse window may protrude more than eighteen 3 of 6 4/20/04 10:02 AM 12-15-3: DEFINITION, CALCULATION, AND EXCL... http://6(i.113.19~.234/CO/VaiUlti01~00~U00UU3UU~.htm inches (18") from the exterior surface of the building. This distance allows for adequate relief for appearance purposes, without ® substantially adding to the mass and bulk of the building. c. Construction Characteristics: All greenhouse windows shall be self-supporting and shall not require special framing or construction methods for support, with the exception that brackets below the window may be allowed provided they die into the wall of the building at a forty five degree (45°) angle. A small roof over the window may also be allowed provided the overhang is limited to four inches (4") beyond the window plane. d. Dimensional Requirement: fVo greenhouse window shall have a total window surface area greater than forty four (44) square feet. This figure was derived on the assumption that the maximum height of a window, in an average sized room, is four feet (4') and the maximum width for a four foot (4') high self-supporting window is between six feet (6') and eight feet (8') (approximately 32 square feet). Since the window would protrude no more than eighteen inches (18"), the addition of side windows would bring the overall window area to approximately forty four (44) square feet. e. Quantity: Up to two (2) greenhouse windows will be allowed per dwelling unit, however, the forty four (44) square foot size limitation will apply to the combined area of the-two (2) windows. f. Site Coverage: Greenhouse windows do not count as site coverage. 3. Vaulted Spaces: Vaulted spaces and areas "open to below" are not included in GRFA calculations. 4. Garage Credit: a. Allowable garage area is awarded on a "per space basis", with a maximum of two (2) spaces per allowable unit. Each garage space shall be designed with direct and unobstructed vehicular access. All floor area included in the garage credit shall be contiguous to a vehicular space. ® b. Alcoves, storage areas, and mechanical areas which are located in the garage and which are twenty five percent (25%) or more open to the garage area shall be included as garage credit. 4 of 6 4/20/04 10:02 AM 12-15-3: DEFINITION, CALCULATION, AND EXCL... http://66.113.1y~.234/CO/VaiU16015000000003000.htm c. Garage space in excess of the allowable garage credit shall be counted as GRFA. 5. Crawl And Attic Space: a. Crawlspaces created by a "stepped foundation", hazard mitigation, or other similar engineering requirement that has a total height in excess of five feet (5') may be excluded from GRFA calculations at the discretion of the administrator. b. If a roof structure is designed utilizing a nontruss system, and spaces greater than five feet (5') in height result, these areas shall not be counted as GRFA if all of the following criteria are met: (1) The area cannot be accessed directly from a habitable area within the same building level; (2) The~area shall have the minimum access required by the building code from the level below (6 square foot opening maximum); (3) The attic space shall not have a structural floor capable of supporting a "live load" greater than forty (40) pounds per square foot, and the "floor" of the attic space cannot be improved with decking; . (4) It must be demonstrated by the architect that a "truss type" or similar structural system cannot be utilized as defined in the definition of GRFA; and (5) It will be necessary that a structural element (i.e., collar-tie) be utilized when rafters are used for the roof system. In an unusual situation, such as when a bearing ridge system is used, the staff will review the space for compliance with this policy. 6. Primary/Secondary Units: a. The four hundred twenty five (425) square foot credit per unit shall be applied to each unit after the sixty/forty (60/40) split has been calculated (i.e., the secondary unit shall be limited to 40 percent of the total GRFA plus 425 square feet). b. On primary/secondary and two-family lots, GRFA is calculated based 5 of 6 4/20/04 10:02 AM 12-15-3: DEFIl~ITION, CALCULATION, AND EXCL. r~ C of C on the entire lot. (Ord. 5(2003) §§ 3(1999) § 8: Ord. 13(1997) § 3) http://66.113.195.234/CO/VaiU16015000000003000.htm 16, 17: Ord. 6(2000) § 5: Ord. 4/20/04 10:02 AM ORDINANCE NO. 5 Series of 2003 AN ORDINANCE AiV1ENDING TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE, FOR PROPOSED "HOUSE PCEEPING" AiVIENDi~ENTS, 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-finds that the proposed amendments further the development objectives of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of this text amendment at its March 24, 2003, meeting, and has submitted its recommendation to the Town Council; and WHEREAS, the Vail Town Council finds that the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; and WHEREAS, the Vail Town Council finds that the amendments further the general and specific purposes of the Zoning Regulations; and WHEREAS, the Vail Town Council finds that the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF EXHIBIT 11 Ordinance No. 5, Series of 2003 ~ ~ ~ ®~~~ o ~~ , ~~ v~ ~~ ~~ d. Roofed or covered deck, porches, terraces, patios or similar features or ~ s aces ith no more than three 3 exterior walls and minimum o enin ~0 ,~ ( ) of not~k than twenty five percent (2511 of the lines perimeter o the ar~f said deck, porch, terrace, patio, or similar feature or space, ®~ provided the opening is contiguous and fully open from floor to ceiling with an allowance fora railing of up to 'forty four inches (44") in hem Section 17. Section 12-15-3A-2g of the Vail Town Code shall hereby be amended as follows: (deletions are shown in st~ilFe-t#re+~k~/additions are shown bold) oaf the areaao said deck, porch, terrace, patio, or similar feature or space, ~orovided the opening 1s_contigun~~.s and full y ooen from floor to ceilin4 ~Wlth an aIIDWaR~P fnr a railing of un t~ ~h~~~+-(~} forty four inches o~ wh~~h are s~r~d no closer than .ten- feet. (10 between the posts shall be measured from the outer The space ce of the post. ,~ Section 18. Section 12-15-3A-1 d of the Vail Town Code shall follows: (deletions are shown in /additio~are shown bold) be amended as Approval of a conditions/ use p it shall lapse and become void if a building permit is not obtain and construction not commenced and diligently pursued towar omp/etion or the.use for which the approval has been granted has not mmenced within two (2) years from when the approval become nal. Approval of a conditional use permit shall also lapse a ecome void if fhe use for which the approval has been gran d is discontinued for a period of two (2) years, regardless of any ' ent to resume operation of the use. Section 19. erection 12-3-9 of the Vail Town Code shall hereby be amended as ~- follows: (deletions are shown in /additions are shown bold) 12-3- 8 8: ZONING CHANGES; TOWN PROPERTY: Ordinance No. 5, Series of 2003 22 g. Roofed or covered decks, porches, terraces, patios or similar features o ac with no more than three (3) exterior walls and9a mi~mum 13~ ~ 22' -0" 2T-0" ~ ~.~' i ~ ins i •j ~,5 ~ _ -~-r-- m 'B Y a ~ ,,. ... ...,. v ... i 2~-6° i 10'-C~' ~~ Lc6*al description: Lot~81oc1: FilingL~1~ ~~/~, ~~ • Address f ~`~ ^~ Phone .~lrchitccr ° ~ Phone °~ ! ~ l ~•f °~,~~ Zone district ~. a .~ Proposcd use ~~ s ° Lot sizc_ ~~~~~.{D ~ Btuldable arcs -~ tvc x' tin '. Pro°9.5~~ ~1y TQifll • Total GRFA + _ ~b~(o ~ + ~i~r~°f=® Primary GRFA + (42~) (675°) _ ~ _ c `n S ®.~~ Secondary GRFA + (425} (6750 _ + _ -~, -- • ~ 675 = 4Z5 credit plus 250 addition Does this request involve a 350 Addition? ~G Hotiv much of the alloivcd Z50 Addition is used with this request?_ Site Co~•cragc _ Height ' . ` (30)(33) ~ . / Sctbacls Front `. ~0' t/ • Sides ~•15't/ ~ 1 Rear 15' • - • --- L.lndscapinS ~ Minimum -~ ~ `` ~ ~,~ ~~ !~ Retaining 1~Va11 HcighCS 3' / 6' ~ ParlJng Rcquircd_~ ~ ~ _ Enclosed Garage Credit X00) (fi00 00 (1200) -- ~ • Drivctivay PcnTiittcd Slope ~ % Proposc d Slopp ~ ~, Compiics with TGV Lighting Ordinance Yes ~o ' Arc finished gadcs Icss tt,an 2:1 (50%) Yes ~ No En~•iron t VH mcn a azards 1) Percent Slope (<>30% ' Z) Floodplain • ' ~ 3) Wetlands 4) Water Course Sctbacl: (30) (50) 5) ecologic Hazards ~ . EXHIBIT 13 a) SnowAvalanchc_ 6~ b) Rockfall c) Debris Flow (t`'S, Pre~•iaus conditions of appro~~al (check property filc)_ Is thcproperty nan-conforming? Dcsctibe: ~ ~ ~ ~- ~~ "Y~r. het;*'; 4~.._.__~,~._..._.,...._... .,~...i ~...: 4'... ..r.......4 ...;x 1::'~•. ..n ..... ,_.. .~._~.__.. ~. r.., 4.r.....r ,._.. .. ~ ._.+.31.3r~e':r :•in...e._.L-r.4.T r.:_Jr.dn..a.a:.::.an:4._~311.:~:~.:.: ~._~.4 _....~:r. fit. Purchase GRFA Calculations: Original TOV calculations Upper Level 2,352.5 sq.ft. Mid-level 2,391.0 Lower level 290.5 (w/o garage) Proposed Allowed according to T®V file A~°ec~ ~~ excess of pe~tte~ ~~ :,~; ~,:..; r;`~ 5,034.0 5,026.0 Correct Calculations (Ordinance #5, Series of 2003) 2,352.5 sq.ft. 2,391.0 290.5 (fully enclosed) 1;263:25 (partially enclosed area not entitled to exemption from GRFA calculation) .6,297:25 5,026.0 ~.® sq.~f~. 1271.25 sc~ (25 % in excess of permt~e~ square foots e~of 5, ®26 sq, ft.~ fi EXHIBIT 14 ~~r C ~RUCE A. COLLINS, ~H.~. Nnniwu, RESOURCL CANSULTANT P.O. Box 23 ° l 1 16 MINEOTA DRIVE SILT, COLORADO 81652 PHONE/FAX (970) 876-5400 bacol@rof.net March 25, 2004 D C7 John L. Purchase 753 E. Pgtato Patch Dr. Vail, CO 81657 Dear Mr. Purchase: ENVIRONMENTAL, EXPLORATION, AND MINING GEOLOGY RE: 1310 GREENHILL COURT, LOT 17, GLEN LYON SUBDMSION, VAIL 1 have completed my geologic investigation of the above referenced property, located on the lower slopes of Vail Mountain east of West Vail, Eagle County Colorado. This investigation consisted of a physical examination of the site conducted in August, 2003, review f applicable reference materials, and incorporation of the site development plan provide ~ e extreme western edge of the site is included in the moderate debris flow hazard zone on To of Vail geologic hazard maps, although based on both aerial photographs and recent mapping the U.S. Geological Survey (Scott, et al., 2002 it appears as though the debris flow hazard boundary essentially corresponds to the west boundary of the property. Topographically the building site is located on the lower slopes of Vai! Mountain below and northwest of Eagles Nest, at an average elevation of 8,170 feet, with existing dwellings immediately west through northeast. A mapped intermittent stream has formed an alluvial fan with its apex at 8,200 ft immediately south-southwest of Lot 17. According to airphotos the current drainage over the fan has been channeled well west of the site. Bedrock beneath approximately the eastern two-thirds of Lot ] 7 is Minturn Formation (~'m), which consists of mostly gray to reddish arkosic conglomerate and sandstone, with interlayered siltstone and mudstone as well as occasional limestone and dolomite, in beds that dip northeasterly at 9° just southeast of the property. Surficial deposits which are mapped by Scott, et al., as overlying the Minturn on the western third, including most if not all of the building envelope, consist of unit Qfy, younger fan alluvium and debris-flow deposits (Holocene and latest Paleocene). These materials are described as "...poorly sorted, bouldery to cobbly sand and silt ~ Purchase Residence Site Development Plan Sheet SDI, Steven James Riden, March 15, 2004. z Scott, R.B., Lidke, D.J., and Grunwald, D J., 2002, Geologic map of the Vail West quadrangle, Eagle County, Colorado: U.S. Geological Survey Miscellaneous Field Studies Map MF-2369, 18 p. PAGE 2 that includes minor lenses of sandy to cobbly gravel and debris-flow deposits." Most boulders are less than 3 feet in diameter but in some in debris-flow deposits are as large as 6 feet. The moderate debris flow zone boundary i$ drawn along a low but distinct ridge at the extreme east edge of the mapped alluvial fan. This ridge will keep any debris flow material running over the fan to the west of the property, in the cul-de-sac of and on Greenhill Court itself; as noted previously the current primary channel of the drainage is well to the west. There is no evidence of recent flow on the eastern edge of the fan, where undisturbed vegetation appears to be in the 25- to 75-year age range; existing structures in the area vary up to at least 30 years in age. Mitigation of such debris flow hazard as may exist can be accomplished by (a) leaving the ridge mentioned above in place or by incorporating equivalent structures in final drainage design (such structures can range from simple restoration of disturbances to construction of berms or rock walls, or to construction of foundations sufficient to withstand and direct potential debris flow); and (b) preventing redirection of existing drainage on the eastern part of the cul-de-sac by construction of a driveway either at the existing grade of the road or on a slight up-grade into the lot for that portion that may lie within the mapped hazard. Final grading and landscaping should be designed and constructed in such a manner as to convey water, including snowmelt, away from structures, and all new or modified drainage must be coordinated with existing drainage facilities. Alluvial fan deposits such as those that appear to underlie the western third of the site can be subject to hydrocompaction, and may contain voids due to differential compaction around boulders, piping, or both. Considering source rocks for the debris found in the area of Lot 17, hydrocompaction is less likely than differential compaction and piping, but in any case soil testing and excavation examination should be sufficient to identify and mitigate such hazards as may be present within foundation design limits. Boulders loosened during excavation for foundations and utilities should be stabilized or removed and the resulting voids filled with compacted material before backfilling. These materials are generally not conducive to corrosion or hydroexpansion, although routine soil tests can easily establish the absence of these hazards, and are not known to contain significant radioactive minerals in the region, but nevertheless all inhabited spaces should be designed and constructed to prevent the accumulation of radon or other noxious or toxic gases. To summarize, the site has been mapped at the edge of a moderate debris flow hazard zone, and in fact the west boundary of the property may be equivalent to the east boundary of the zone. Available aerial photography and geologic maps suggest that the western third of the property is underlain by the eastern edge of the alluvial fan associated with the drainage that presents the debris flow hazard. Such hazards as may exist can be mitigated by maintaining the existing ridge that forms the east edge of the fan, or replacing it with equivalent structures; final grading and landscaping designed to conduct site drainage away from structures and into existing drainage systems; and soil testing adequate to detect voids resulting from differential compaction or piping. The debris flow hazard to which the site is exposed is minimal, and excavation, foundation, grading, and landscaping design and construction techniques for such locations are well-established. With the mitigating measured recommended the proposed construction will • C~ PAGE 3 not increase the hazard to other property or structures, or to public rights-of--way, buildings, roads, streets, easements, utilities, or facilities or other properties of any kind. This report is intended to complywith appropriate portions ofTown ofVail Regulations Chapter 12-21-15, and nothing contained herein should be interpreted as suggesting that the subject property is not exposed to the mapped hazard, or that other geologic hazards do not exist. If you have any questions, or if I can be of further service, please do not hesitate to contact me. IMPORTANT NonCE: This report concerns natural processes that are unpredictable and in large measure poorly understood. !t is intended to identify potential. observable hazards within the scope of work to which the subject property is exposed and to suggest mitigating' measures in compliance with applicable regulations. Nothing in this report should be construed or interpreted as suggesting the absence of the described hazards, or that the rernmmended mitigations will protect the subject property from the described hazards under all circumstances, foreseen or unforeseen. Nothing in this report should be construed or interpreted as suggesting that additional unidentified hazards are not present It must also be understood that "mitigation" does not mean either the elimination of the hazard(s) or prevention of the consequences of a hazard event or events, only the reduction to the extent reasonably possible of the latter. By accepting this report all present and subsequent parties thereto agree to indemnify and hold harmless the preparer for any and all damages, direct, indirect or consequential, including personal injury or loss of Life, above and beyond the original cost of this study, caused by or resulting from any occurrence of the described or other hazard(s), whether or not such damages may result from failure to identifysaid hazard(s) or from failure or inadequacy of properly engineered, constructed, and maintained recommended mitigations. The preparer of this report cannot and will not be responsible in any way or manner whatsoever for the proper engineering, construction, and~or maintenance of recommended mitigations, or die inadequacy or failure of improperly engineered, rnnstructed, and~or maintained recommended mitigations, or mitigations that have been altered in anywaywhatsoever from those recommended by the preparer. This report may be amended or withdrawn without notice at any time prior to receipt of payment therefor. 1 ~i 1 i C~ dDRUCE A. COLLINS, ~H.~. NATURAL RESOUR~ CONSl1LTANT P.O. BOx 23 ° 1116 M[NEOTA DRIVE SILT, COLORADO 81652 PNONE/FAX (970) 876-5400 bacol@rof.net March 25, 2004 ~~ C John L. Purchase 753 E. Potato Patch Dr. Vail, CO 81657 Dear Mr. Purchase: ENVIRONMENTAL, EXPLORATION, AND MINING GEOLOGY RE: 1310 GREENNILL COURT, LOT 17, GLEN LYON SUBDMSION, VAIL 1 have completed my geologic investigation of the above referenced property, located on the lower slopes of Vail Mountain east of West Vail, Eagle County Colorado. This investigation consisted of a physical examination of the site conducted in August, 2003, review f applicable reference materials, and incorporation of the site development plan provide a extreme western edge of the site is included in the moderate debris flow hazard zone on To of Vail geologic hazard maps, although based on both aerial photographs and recent mapping the U.S. Geological Survey (Scott, et at., 2002 it appears as though the debris flow hazard boundary essentially corresponds to the west boundary of the property. Topographically the building site is located on the lower slopes of Vail Mountain below and northwest of Eagles Nest, at an average elevation of 8,170 feet, with existing dwellings immediately west through northeast. A mapped intermittent stream has formed an alluvial fan with its apex at 8,200 ft immediately south-southwest of Lot 17. According to airphotos the current drainage over the fan has been channeled well west of the site. Bedrock beneath approximately the eastern two-thirds of Lot 17 is Minturn Formation (gym), which consists of mostly gray to reddish arkosic conglomerate and sandstone, with interlayered siltstone and mudstone as well as occasional limestone and dolomite, in beds that dip northeasterly at 9° just southeast of the property. Surficial deposits which are mapped by Scott, et aL, as overlying the Minturn on the western third, including most if not all of the building envelope, consist ofunit Qfy, younger fan alluvium and debris-flow deposits (Holocene and latest Paleocene). These materials are described as "...poorly sorted, bouldery to cobbly sand and silt ~ Purchase Residence Site Development Plan Sheet SDl ,Steven James Riden, March 15, 2004. z Scott, R.B., Lidke, D;j., and Grunwald, D J., 2002, Geologic map of the Vail West quadrangle, Eagle County, Colorado: U.S. Geological Survey Miscellaneous Field Studies Map MF-2369, 18 p. PAGE 2 that includes minor lenses of sandy to cobbly gravel and debris-flow deposits:' Most boulders are less than 3 feet in diameter but in some in debris-flow deposits are as large as 6 feet. The moderate debris flow zone boundary i$ drawn along a low but distinct ridge at the extreme east edge of the mapped alluvial fan. This ridge will keep any debris flow material running over the fan to the west of the property, in the cul-de-sac of and on Greenhill Court itself; as noted previously the current primary channel of the drainage is well to the west. There is no evidence of recent flow on the eastern edge of the fan, where undisturbed vegetation appears to be in the 25- to 75-year age range; existing structures in the area vary up to at least 30 years in age. Mitigation of such debris flow hazard as may exist can be accomplished by (a) leaving the ridge mentioned above in place or by incorporating equivalent structures in final drainage design (such structures can range from simple restoration of disturbances to construction of berms or rock walls, or to construction of foundations sufficient to withstand and direct potential debris flow); and (b) preventing redirection of existing drainage on the eastern part of the cul-de-sac by construction of a driveway either at the existing grade of the road or on a slight up=grade into the lot for that portion that may lie within the mapped hazard. Final grading and landscaping should be designed and constructed in such a manner as to convey water, including snowmelt, away from structures, and all new or modified drainage must be coordinated with existing drainage facilities. Alluvial fan deposits such as those that appear to underlie the western third of the site can be subject to hydrocompaction, and may contain voids due to differential compaction around boulders, piping, or both. Considering source rocks for the debris found in the area of Lot 17, hydrocompaction is less likely than differential compaction and piping, but in any case soil testing and excavation examination should be sufficient to identify and mitigate such hazards as may be present within foundation design limits. Boulders loosened during excavation for foundations and utilities should be stabilized or removed and the resulting voids filled with compacted material before backfilling. These materials are generally not conducive to corrosion or hydroexpansion, although routine soil tests can easily establish the absence of these hazards, and are not known to contain significant radioactive minerals in the region, but nevertheless all inhabited spaces should be designed and constructed to prevent the accumulation of radon or other noxious or toxic gases. To summarize, the site has been mapped at the edge of a moderate debris flow hazard zone, and in fact the west boundary of the property may be equivalent to the east boundary of the zone. Available aerial photography and geologic maps suggest that the western third of the property is underlain by the eastern edge of the alluvial fan associated with the drainage that presents the debris flow hazard. Such hazards as may exist can be mitigated by maintaining the existing ridge that forms the east edge of the fan, or replacing it with equivalent structures; final grading and landscaping designed to conduct site drainage away from structures and into existing drainage systems; and soil testing adequate to detect voids resulting from differential compaction or piping. The debris flow hazard to which the site is exposed is minimal, and excavation, foundation, grading, and landscaping design and construction techniques for such locations are well-established. With the mitigating measured recommended the proposed construction will • C Pncl: 3 not increase the hazard to other property or structures, or to public rights-of--way, buildings, roads, streets, easements, utilities, or facilities or other properties of any kind. This report is intended to complywith appropriate portions ofTown of Vail Regulations Chapter 12-21-15, and nothing contained herein should be interpreted as suggesting that the subject property is not exposed to the mapped hazard, or that other geologic hazards do not exist. If you have any questions, or if I can be of further service, please do not hesitate to contact me. Innroernntr Nonce: This report concerns natural processes that are unpredictable and in large measure poorly understood. It is intended to identify potential observable hazards within the scope of work to which the subject property is exposed and to suggest mitigating' measures in compliance with applicable regulations. Nothing in this report should be construed or interpreted as suggesting the absence of the described hazards, or that the rernmmended mitigations will protect the subject property from the described hazards under all circumstances, foreseen or unforeseen. Nothing in this report should be rnrutrucd or interpreted as suggesting that additional unidentified hazards are not present It must also be understood that "mitigation" does not mean either the elimination of the hazard(s) or prevention of the consequences of a hazard event or events, only the reduction to the extent reasonably possible of the latter. By accepting this report all present and subsequent parties thereto agree to indemnify and hold harmless the preparer for any and all damages, direct, indirect or consequential, including personal injury or loss of life, above and beyond the original cost of this study, posed by or resulting from any occurrence of the described or other hazard(s), whether or not such damages may result from failure to identify said hazard(s) or from failure or inadequacy of properly engineered, constructed, and maintained recommended mitigations. The preparer of this report pnnot and will not be responsible in any way or manner whatsoever for the proper engineering, construction, and~or maintenance of recommended mitigations, or the inadequacyor failure of improperly engineered, constructed, and~or maintained recommended mitigations, or mitigations that have been altered in anywaywhatsoever from those recommended by the preparer. This report may be amended or withdrawn without notice at anytime prior to receipt of payment therefor. ~®~~ ®~ ~~o~~ ~~~~u~o~~ ~~~~ ~~~~d~ar~~ 8180 8160 8140 EXI GR TING DE _„ .~ ~ , PROPOSED l1 T 1NA -- ~ :: •. .% ' \ ~,. •. ;. ' NIEB~ TBl L %/ ,. j;. ~ ~`-~ P ROPOSED FINISH ~`. ~/i G -- RADE -- _ "~" PROPOSED ~/ I ~i ~~ ` GUARDRAIL _ 2~ ` ~> /~ - ~ - ~ PRDP- QED-~S ALL ; FILL ~ % ~ , , .•: 00' 25 PATH -- - ~- 4.00' ~' •~ 'j , /SHOULDE I ~ . ~' . al8o 8160 8140 -40 -20 0 20 40 SCALE _ - HORIZ- 1~ = 10' _= VERT- 1° - 1O' EDWARDS BUSINESS CENTER P.O. BOX 97 EDWARDS. COLORADO 81632 (970) 926-3373 FAX (970) 926-3390 a•~ •`~~' 0 c cti. . ~ ~ Y e o~'1 °IC~Yd/Y~i ~iF R/~IIl~ 1~Y11~~~1Gllv 1L 11.~~1v ~~~~1 ~Y ~ 1~i11 ~l1 o ~Tc~~{k ~I~~~l~~v ~I~Il~C~ o ~~1~~ ~1 ~~l~~~J ~I~Il~~ Vail Road to ~lillow Bridge Road o ~~~tt ~~~~1~~ ~I'~Il~~ ~l7illow Bridge Rd. to Vail Valley Dr. o ~T~ll~~~c~ CC®~° Prepared by: 'd'own of Vail, ®tak inc., ~Nenk Associates ^ t~cC~l1"~~W~~~~~~~$1~'~ This Streetscape Master Plan Addendum was prepared by the Town of V ail and would not have been possible without the cooperation and 'involvement of the citizens of the Town of Vail. ® Town Council Town Manager Ludwig Kurz, Mayor Pamela Brandmeyer, Interim Town Manager Rod Slifer, Mayor Pro Tem . Diana Donovan, Council Member Community Development Chuck Ogilby, Council Member Russell Forrest, Director of Community Development Greg, Moffet, Council Member George Ruttier, Chief of Planning ® Bill Jewett, Council Member Warren Campbell, Planner Dick Cleveland, Council Member Public Works and Transportation Planning and Environmental Commission Greg Hall, Director of Public Works and Transportarion ® John Schofield, Chair person Todd Oppenheimer, Capital Project Manager George Lamb Larry Pardee, Maintenance Manager Rollie Kjesbo Doug Cahill Mike Rose, Transportation Manger Gary Hartman Design Team Chas Bernhart Otak Inc. Erickson Shirley Roger Millar, principal John McCarty, Project Manager Design Review Board Alan Gray, Project Landscape Architect . Clark Brittain Charles S. Acevedo Wenk Associates: Bill Pierce Bill Wenk, Principal . Hans Woldrich Brent Lloyd, Project Manager Margaret Rogers Kracum Resources LLC: Art in Public Places Board Jennifer Mason Joe Kracum, Principal Tracy Morrison Gordon Streetscape Artists: . Barbie Christopher Alan Kosloff Barbara Baer Richard Hansen Gussie Ross Pat Musick Nancy Sweeny Kyle Webb Robert Matsuda Leslie Fickling, AIPP Coordinator ^ TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM West Meadow Drive, East Meadow Drive, & Village Core INTRODUCTION ................................................................................................................................. 1 Purpose of the Streetscape Addendum ............................................................................................ 1 ® Meadow Drive ................................................................................................................................................................... 3 Village Core ............................................................................................................................... 4 ® COMMUNITY INVOLVEMENT ............................................................................................................. 5 Meadow Drive ................................................................................................................................................................... 5 Village Core ........................................ .................................................................................. 9 WEST MEADOW DRIVE DESIGN DEVELOPMENT ................................................................................... 15 EAST MEADOW DRIVE -VAIL ROAD TO WILLOW BRIDGE ROAD DESIGN DEVELOPMENT ...................... 24 . EAST MEADOW DRIVE -WILLOW BRIDGE ROAD TO VAIL VALLEY DRIVE DESIGN DEVELOPMENT ......... 34 VILLAGE CORE DESIGN DEVELOPMENT .............................................................................................. 40 GUIDELINES FOR PAVING, PUBLIC ART, SITE FURNISHINGS AND LIGHTING ................... 50 Paving Systems ........................................................................................................................... 50 Site Furnishings ........................................................................................................................... 53 . Public Art ................................................................................................................................. 57 Lighting . .............................................. 64 Mechanical & Electrical Systems ..................................................................................................... 67 Restrooms ........................................ .. .................................................................................... 69 . STREETSCAPE DESIGNIMPLEMENTATION AND MAINTENANCE :::::::::::::: : :::::::::::::::::::::::::::::: : :::::::::::::: 70 Implementation . 70 Maintenance ............................................................................................................................... 74 ~~ TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM West Meadow Drive, East Meadow Drive, & Village Core • ~fl~~ ®~ ~~1~°~~ ® Figure 1: Streetscape Master Plan Study Area ............................................................................. 1 ® Figure 2: Figure 3: West Meadow Drive Plan View -West Section ............................................................... West Meadow Drive Plan View -East Section ................................................................ 16 17 Figure 4: West Meadow Drive, Rumble Strip at Alphorn and Skall Haus parking .............................. 18 Figure 5: West Meadow Drive, Cross section .............................................................................. 19 Figure 6: West Meadow Drive, Library Area .............................................................................. 20 ^ Figure 7: West Meadow Drive, Vail Valley Medical Center ..............................................:..:::::::::::: 21 Figure 8: West Meadow Drive, Vail Valley Medical Center -Mural Wall and Planter Bench . 22 Figure 9: East Meadow Drive Plan View -Vail Road to Willow Bridge Road .................................... 25 . Figure 10: East Meadow Drive - Sonnenalp Redevelopment Area .......................................................... 27 Figure 11: East Meadow Drive -Talisman Area .................................................................................. 28 . Figure 12: Meadow Drive -Vail Road Intersection .............................................................................:: 30 Figure 13: East Meadow Drive -Sonnenalp Redevelopment Cross Section, looking east ....................... 30 Figure 14: East Meadow Drive -Vail Village Inn Plaza .......................................................................... 31 Figure 15: East Meadow Drive -Swiss House Redevelopment ............................................................... 32 Figure 16: East Meadow Drive at Willow Bridge Road, looking west ........................................................ 33 Figure 17: East Meadow Drive Plan View -Willow Bridge Road to Vail Valley Drive . ~ .......................... 36 Figure 18: Crossroads Area ..................................................................................................... 38 Figure 19: Fi 20 Vail Valley Drive Area ........ T C 38 39 gure : ....................................................................................... ransportation enter Area . Figure 21: East Meadow Drive at Bridge Street Cross Section, looking east ........................................... 39 ^ Figure 22: Village Core Plan View ............................................................................................. 41 Figure 23: Reconfigured Children s Plaza .................................................................................. 43 . Figure 24: Cascading Fountain at Children s Plaza :::. : :: : ::::.::::::.::::::::: :.: : :::::::.::::.::::::::::::::.: :.::::::: 43 Figure 25: Relocated Checkpoint Charlie 44 Figure 26: West Gore Creek Drive ............................................................................................ 44 Figure 27: Wall Street Water Feature ......................................................................................... 47 Figure 28: Wall Street ............................................................................................................. 47 TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM West Meadow Drive, East Meadow Drive, & Village Core Figure 29: Hanson Ranch Road Pedestrian Connections ................................................................ 48 Figure 30: Figure 31: West Gore Creek Drive Performance & Gathering .......................................................... Field paver examples ............................................................................................... 49 51 Figure 32: Transit paver examples ............................................................................................ 52 Figure 33: Trash receptacle examples ......................................................................................... 53 Figure 34: Bench seating examples ............................................................................................ 54 Figure 35: Table and chairs examples ..... 55 Figure 36: Example of site-integrated art .................................................................................... 58 Figure 37: Incorporation of art in paving examples ....................................................................... 59 ® Figure 38: Creative seating examples ......................................................................................... 60 Figure 39: Existing Clock Tower in Lionshead ............................................................................. 61 ® Figure 40: Examples of temporary art ......................................................................................... 62 Figure 41: Restroom coverage diagram ...................................................................................... 69 Figure 42: Proposed streetscape phasing 2004 ............................................................................. 72 Figure 43: Proposed streetscape phasing 2005 ............................................................................. 73 ~ ~L~s~ ®f ~'a~~.e~ Table 1: Summary of Comments -Meadow Drive ......................... . ......................................... 6 Table 2: Summary of Comments -Vail Village ..................................:......................................... 9 Table 3: Vail Village Level of Improvement Matrix ..................................................................... 12 Table 4: West Meadow Drive Master Plan Changes ..................................................................... 18 . Table 5: East Meadow Drive -Vail Road to Willow Bridge Road Master Plan Changes ...................... 26 Table 6: East Meadow Drive -Willow Bridge Road to Vail Valley Drive Master Plan Changes ............. 37 Table 7: Village Core Master Plan Changes ................................................................................ 42 TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM West Meadow Drive, East Meadow Drive, & Village Core ^ Puri®s~ ®~ ~~a~ ~ddeudu~a ^ ^ ^ The Vail Village and Meadow Drive Streetscape projects represent the next steps of a 20 year planning effort to upgrade and enhance the physical character and pedestrian experience of Vail. The Vail Village Urban Design Guide Plan, 1982, began the process of developing quality public/private improvements for the Vail Village. It's purpose was to give guidance to the overall physical development of the Vail Village and created the existing framework of plazas, landscape areas, building facades. With active community involvement, the planning efforts were refined through the Town of Vail Streetscape Master Plan, 1991. The purpose of the Vail Streetscape Master Plan as a guiding document was to give the pedestrian environment the same comprehensive design and quality of materials that the Towri s architectural standards had achieved. It provided a comprehensive and coordinated conceptual design for streetscape improvements to enrich the aesthetic appearance of the Town with an emphasis on craftsmanship and creative design to create an excellent pedestrian experience. An objective of the Streetscape Master Plan included a conceptual design for streetscape improvements that could be used for phased implementation, privately sponsored improvements on public land associated with an adjacent building redevelopment, and special development districts and joint public/private projects. Winston and Associates, Inc. prepared the Town of Vail Streetscape Master Plan in 1991, as an outgrowth of the 1982 Vail Village Urban Design Guide. Winston and Associates and the Town of Vail municipal staff facilitated an extensive public process with residents, property owners, merchants and other interested citizens, which led to a successful and effective community-supported plan. TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM ® West Meadow Drive, East Meadow Drive, & Village Core Page 1 ^ As stated in the Master Plan, its purpose is "to provide a comprehensive and coordinated conceptual design for streetscape improvement that: 1) is supported by the community; 2) enriches the aesthetic appearance of the Town; and 3) emphasizes the importance of craftsmanship and creative design in order to create an excellent pedestrian experience." ® streetscape recommendations are divided into six different chapters, based on proximity within the Village or specific to a particular segment of roadway. The plan emphasizes that the ideas presented are conceptual in nature and that necessary ® refinements will occur during final design when the Town or private development move forward to construct the planned improvements. The Master Plan has served ® as a guiding document for streetscape improvement and redevelopment over the past eleven years. ® The Vail Village and Meadow Drive streetscape Design projects, 2003, with additional public involvement, develop the concepts originating in the previous planning efforts into a comprehensive and complete streetscape design. The . purposes and objectives of the planning effort have and will remain consistent throughout these projects. These include phased and cooperative implementation, . high levels of quality and character, and beautiful and interesting public spaces, intersections, and focal points which enhance the pedestrian experience. . The Town of Vail has undertaken extensive design and public processes to rehabilitate Vail Village and Meadow Drive. Driving the Vail Village project is the . need to replace utilities and the desire to consolidate construction in the Village for minimal impact to businesses and residents. Meadow Drive rehabilitation is largely driven by the need for a good connection between the Village and Lionshead, . needed improvements to the street infrastructure, upgrades and rehabilitation of public utilities, and the anticipated private redevelopment along the Drive. ~~ ~~i TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM West Meadow Drive, East Meadow Drive, & Village Core Page 2 I~~ad®~r ~riv~ ~tre~tscap~ ~esIlg~a r ^ ^ ^ The Town of Vail contracted with Washington Infrastructure Services and Otak, Inc. to refine the Master Plan concepts and prepare final construction plans for the areas presented in the following chapters: o West Meadow Drive o East Meadow Drive -Vail Road to Willow Bridge Road o East Meadow Drive -Willow Bridge Road to Vail Valley Drive West Meadow Drive Streetscape serves as the primary connection between Vail Village and Lionshead. Land use along West Meadow Drive is a complex mix of residential, hotel, and general use properties. There exists the potential for several major redevelopments in the corridor over the several years. The West Meadow Drive Streetscape design embraces and strengthens the pedestrian connection between Vail Village and Lionshead while retaining the existing character of the street. Abroad pedestrian way along the sunny, north side of the street with appropriate lighting and landscape treatments provides a safe, comfortable, and enjoyable walking experience. Art features, public and private along the length of the street will be an interesting attraction encouraging pedestrian movement between the two commercial areas. East Meadow Drive, a unique portion of the Vail Village, is a mix of commercial and hotel properties as well as a public transit corridor. The Vail Road to Willow Bridge Road section of East Meadow Drive will potentially experience considerable redevelopment over the next several years while the Willow Bridge Road to Vail Valley Drive section is essentially developed to its full potential. The East Meadow Drive Streetscape design acknowledges the mix of pedestrian and transit traffic and separates them through the use of differing pavement materials. Pedestrians are provided ample circulation space along the various storefronts and can cross back and forth across the transit areas without physical barriers. Art elements, landscape and lighting treatments, and public gathering spaces provide a pleasing environment and encourage people to linger in the area. TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM ® West Meadow Drive, East Meadow Drive, & Village Core Page 3 ~laill ~Il~Ila~~ ~trr~~~scape ~~sfl~ ^ ^ ^ i The Vail Village Streetscape Design process evolved from the need to upgrade all municipal water mains within the Village core. With the streets excavated, there is an opportunity to enhance the Village and coordinate the work for minimal impact. In addition, an opportunity exists to address the issues of the various master plans: 1991 Streetscape, Transportation, Drainage, Loading and Delivery, and Art in Public Places. The Town of Vail contracted with Wenk Associates, Inc. to refine the master plan concepts and develop preliminary design documents for the areas presented in the Master Plari s chapters "Village Core". The Vail Village Streetscape Design process is timely in the midst of extensive redevelopment plans as part of the ongoing "Vail Renaissance". Vail Resorts has recently proposed extensive redevelopment of the Vista Bahn Base, "Front Door", and development of a parking structure and park, "P3&J", at the vacant parcel east of the Mill Creek Court building. The Town is currently engaged in streetscape design for East and West Meadow Drive and a number of other redevelopment opportunities are under consideration by property owners. The process, which began in late June 2002, has utilized extensive community input through community focus groups, biweekly community meetings, and one-on-one meetings. The consultant team, in conjunction with the Town of Vail staff and the Town Council, has developed preliminary design and snowmelt recommendations in response to the community input and Town needs. TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM ® West Meadow Drive, East Meadow Drive, & Village Core Page 4 ~ cC~I~I~t~TI~~'~ ~~T~~~~~E~T'.~" ® Recognizing the importance of maintaining community involvement in the final design process, the design teams for both the Meadow Drive and Vail Village Streetscape Design Iaunched the processes by inviting public participation in a series of design dialogues and focus group sessions. The input received was considered ® critical to the project's final design. The public process also tested the concepts reflected in the Master Plan, and established the criteria for the final design. The ® purpose of this document is to record the final design elements which deviate from the 1991 Master Plan recommendations. ^ I~e~~l®~ ~pgve ~~e~~sca~~ ~esgg~I o West Meadow Drive o East Meadow Drive -Vail Road to Willow Bridge Road o East Meadow Drive -Willow Bridge Road to Vail Valley Drive To gain an understanding of community desires, issues, and concerns regarding Meadow Drive, the Project Team held a series of workshops with residents and other stakeholders during the week of February 26 through March 2, 2001. 21 two-hour sessions were scheduled for single and multi-family residents; bicycle and pedestrian advocates; business owners; resort representatives; private developers; members of the Vail Town Council, Art in Public Places Board, Design Review Board (DRB) and Planning & Environmental Commission (PEC); representatives from Vail Valley Medical Center and Eagle County Ambulance Service; and the Towri s Fire and Emergency, Streets and Roads, Police, and Transit departments. Individual comments were documented, and used as a basis for creating a series of conceptual . designs for review and comment at two open houses held on Friday, March 2. Following is a summary of comments received during the week, and during earlier ® meetings with the DRB and PEC. The summary reviews major points of agreement (or disagreement). TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM ® West Meadow Drive, East Meadow Drive, & Village Core Page 5 _ .., ® Table 1: Summary of Comments -Meadow Drive ® ~ • e ~• •• ~ . ~ Character ° A "stream' between Vail Village and Lionshead, with a series of Inconsistent, with poor signage and lighting, and too much ° "eddies" that draw people in for relaxation, inspiration, and fun. traffic going too fast. Public and private spaces should melt together seamlessly in retail, ® lodging, and commercial areas. In residential areas, landscaping or other visual diversions should enhance homeowner ~riva~. Pedestrian and Traffic Flow ° Pedestrian areas are not clearly designated. ° Provide clear separation of pedestrians and wheeled vehicles. ° Pedestrians, vehicles, bicycles,, and rollerblades are not ° Accommodate new, larger fire equipment for neighborhood _..._....._..._._separatedT_._...___.__._.___._..._._______.__.____.__._...______.___._____.___.__._-..._.._.___-_.___.______ ._._.-- -protection Emergency vehicles pose a hazard and make circulation ° The hospital should proceed with plans to move the ambulance difficult and erratic. entrance to the frontage road and create a pedestrian entrance on West . Meadow Drive ____ ___ ° Relocate the fire station as quickly as possible_ __ ___ _ ____ ___ __ ° Delivery vehicles create additional traffic _ ° - - - Divert delivery vehicles to the frontage road as redevelopment takes _.._...---------.._.._...------...---------...---...------------------~---------------------------------------------------------- - - lace. ° Traffic control gates are ineffective, unattractive, and often ° Develop an effective solution for keeping unauthorized vehicles off . broken. thepedestrian mall. D l ff i i d i l f fi di Wayfinding is difficult for pedestrians and vehicles ° ° eve ve s op e ect gnage an v sua cues or way n ng ° Differentiate the entrance to Lionshead from private residences. ° Crossin Vail Road is difficult for edestrians ___-_-----~-------~--------------------------------___--~'------------------------ --------._..._..___.._... ° _____ Provide an effective, safe edestrian crossin ------~----------------_----------------~'----------------------g ----------------_-___------- ° There is no turnaround area for vehicles that inadvertently turn onto Meadow Drive. Apedestrian-friendly roundabout could help sort out traffic Transit ° Consider buses powered by alternative technologies to reduce noise . and emissions. Existing buses are noisy and smelly. ° ° Consider moving and/or consolidating transit stops to reduce impacts on La Bottega, Alpenrose, and other gathering places. ® ° Consider smaller buses on Meadow Drive, with express buses on the i frontage road running between Lionshead and Vail Village. TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM ® West Meadow Drive, East Meadow Drive, & Village Core Page 6 C ® 1 e 1 ~ e o • e ° Bus stops should be well-lighted, have trash receptacles, and provide GPS information so that travelers know how long they must wait for ° The bus is a necessary convenience for tourists and locals. the next bus Consider aone-way loop for buses. Consider removing buses from East Meadow Drive only. ° Plan to accommodate a broad range of transit vehicles and types, in anticipation of future changes. Elevated monorail or underground transit could be_possible. Drainage Severe drainage problems exist in several locations ° Correct drainage at the Fire Station and entrances to various i i d b ildi d i l f i h ® -- ------__._. ____ con om n um u ngs an ng am ly s e omes. __~^_ Design Approach and Design Elernents Existing landscaping is attractive, but more is needed. ° ° Integrate new and existing landscaping; green up the north side. ° Permanent lanters should contain interestin ve etation ear around. ° Provide consistent, attractive lighting for security and to create an inviting ambiance for pedestrians. ° Lighting is poor or nonexistent ° Lighting should emphasize the pathway and not detract from the night sky. . ____ __ ___ _ ___ _ _______ ° Consider special holid~~hti~ for East Meadow Drive. _ ° The corridor has no continuity. ° Incorporate places to hang banners that celebrate changes of season and special events. ° Bring a portion of Spraddle Creek and/or Middle Creek into the ° Spraddle Creek and Middle Creek cross the corridor, but are design. virtually invisible. ° Provide a connection to Gore Creek ° Water features should be interesting winter and summer. ° Public restrooms are lacking ° Provide access and signage to public restrooms; make the Library _ restrooms work better. ° There is no place to sit during parades and other spectator ° Provide natural seating areas and gathering spaces i events --._______...-----____ ---- __ -----__--------------_ __ __ -_ _. ^ ^ TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM ® West Meadow Drive, East Meadow Drive, & Village Core Page 7 a ® Conceptual Designs and Town Council Directions Options developed during Design Dialog Week were presented at two Open Houses on Friday, March 2. The Project Team reviewed comments received from staff and the public, and developed two viable conceptual designs: o The 20/6 Solution provided a 20 foot landscaped pedestrian area on the north side of West Meadow Drive, and a 6 foot sidewalk on the south, with two lanes for traffic and transit. ® o The Promenade Solution reclaimed the center of West Meadow Drive between Chateau Vail and the Vail Road intersection for pedestrian use, with a single lane for traffic and transit on either side. The two options were further developed over the next three months and presented ^ to the community a second time in an open house forum over the week of July 4. Public comment was documented and presented to Town Council along with the . revised options on July 17, 2002. Town Council selected the 20/6 Solution for final design. ^ TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM ® West Meadow Drive, East Meadow Drive, & Village Core Page 8 Is. ® ~anll ~iIl~a~~ ~~~eitscape ~esg~a The design process began with a series of focus groups with business owners, residents, resort representatives, Town services (emergency and fire, police, and maintenance), homeowner's associations, Town Council members, Design Review Board, Planning and Environmental Commission, Vail Valley Foundation, and Art in Public Places Board. All comments were documented and complied and were presented to the community on June 28 and July 11, 2002. Based upon the initial comments, the project team developed program and concept alternatives presented to the community and the Town Council Design Committee during meeting and workshops on July 25, August 6 and 22, September 6, October 10 and 21, November 7 and 21, and December 12, 2002. Following is a summary of comments :received during the community meetings, specifically the initial focus groups. Table 2: Summary of Comments -Vail Village Character o The Village Core looks tired and needs upgrading; the asphalt paving tends to detract from the pedestrian o The paving should be upgraded to cobbled stone or pavers. "village" experience. o The key areas within village core should have distinctive o The Village Core should celebrate its distinctions (ex. styles, paving, landscape, lighting, and special features that Wall Street vs. Bridge Street). relate but distinguish the areas of the Village, for example Wall . ----~----~--------- ------__----------------- --------------- ------------------------- ----_ _ -----._.._......_._..-Street,, Bridge Street,-Children's Fountain, etc._..._._._.._.__...._....._...__......._.._..._.......-- Performance spaces should be designed for small intimate o Greater intensity of activity in the streets is desired, events, for example string quartet or jazz ensemble. The larger "Softer" street activities are preferred over larger events concerts should use more appropriate venues at the Vista Bahn Skiyard or Ford Park. o Need more places that appeal to children ~ Safe and engaging children's play areas need to be provided. Founders Plaza and Children s Fountain are possible ~' _ _ opportunities for children-oriented play features_ TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM ® West Meadow Drive, East Meadow Drive, & Village Core Page 9 Pedestrian and Traffic Flow o Provide a series of engaging focal points and gathering areas o An extended walking/retail experience is desired that link the Village Core and provide larger connections to the ...Vail CommunitY;...__._..___.....___._..._.__.__.._............__..._...__._.._...__ .............._.._._._..---..._._._........_._............._..........__..........._...______ o Need improved signage directing pedestrians and traffic o Develop effective signage and visual clues fro wayfinding. o Divert loading and delivery vehicles to the proposed Vail Improve trash pick-up and service/delivery systems Resorts' Front Door and P3&J redevelopments. Encourage delivery systems by alternatives means electric carts, tunnel svstems, etc. o Emergency access is difficult along key traffic routes in Village during special events Shift larger venues to adjacent areas and provide multiple flexible opportunities for smaller venues within the Village Core Design Approach and Design Elements o Public restrooms are lacking o Limited seating opportunities Provide additional public restroom within the Village Core. Improve signage to existing restrooms at the Transit Center and Vista Bahn Base Area o Provide additional public seating and gathering opportunities. For example, picnic and cafe tables as well as benches and seat walls. o Provide comprehensive lighting guidelines for both public and o Lighting is inconsistent private areas. -Limited.snow storage is-a concern ~ _ o Provide a snowmelt s stem in the core pedestrian areas. __ - _ - - ___ _ _____._...._.._... _ .......................... Y..._.-..........._................._.......... _ ........ _.._ _..___...__.._.._._... The Village needs additional landscape and snow pocket ° Upgrade existing landscape areas and add new landscape opportunities. Permanent planters should be snow pockets in areas __--------~- ~- ----- ... .. .. .. .. .. .. ._. _..__- _ _ ----------------- --- - --- -----~---- ----~---- ------- ---~--- --- ---- _____winter and~lanting_areas in summer~._....._..._.......__......_.._........_...._............................................................................ Provide a comprehensive upgraded furnishings package . o Street furnishings are dated and inconsistent including picnic tables, light standards, trash receptacles, and newspaper dispenser. s. ~' TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM ® West Meadow Drive, East Meadow Drive, & Village Core Page 10 n ® Improvement 1Vlatrix As part of the community involvement process the matrix on the following pages was developed to assist is determining the degree of design intervention, cost and extent of change desired for the different areas of the Village Core Area. Four ® degrees of design and change were identified. © Essential Improvements. Make only required repairs and upgrades to existing materials and conditions. Basic Enhancements. Make only minor upgrades to materials and conditions to improve character and aesthetics. Activity Enhancing Improvements. Make moderate changes and upgrades to improve or increase the function of the area as well as improve the character and aesthetics. Image and Identity Enhancement. Make extensive changes and upgrades to the area which will achieve a new look, increase and change the functions and improve the character and aesthetics. The shaded areas of the matrix, Table 4, on the following pages indicate the extent of the desired level of improvements. • Conceptual Designs and Town Council Directions . The project team worked closely with the Town of Vail staff and constituents through extensive public involvement to reach consensus for the final design. Input from the community and Town Council Design Committee meetings allowed the consultant team to develop and refine concepts presented to and approved by Town Council on May 20, 2003. i ^ ^ TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM ® West Meadow Drive, East Meadow Drive, & Village Core Page 11 Table 3: Vail Village Level of Improvement Matrix DEGREES OF DESIGN Children's Fountain Gore Creek Dr. (West) Gore Creek Dr. (East) ~NrERVENTION, cost, Earl Eaton Plaza Wall Street from Bridge Street to from Bridge Street to EXTENT OF CHANGE Plaza Checkpoint Charlie the Chute Retiurld fountain mechanical system ahd Replace storm drain end repavelrepair Fiz sudece drainage inlet atbase o/ stairs, InstaH~new wafer line; remove and reduce Instal! new wafer line; repave in asphalt; repave the endre plaza; restore to existing plaza; replace steps to Wall S! in exisfing repavelrepair street, rebuild stairs and retain concrete curb, gutter and steps to shops; dadty service and delivery parking lane conriguretion wnfigumtion planters and grades in ezisting configuration repave in asphalt: clarity service and delivery Essential parking lane Improvements Slightly shift locadome/(ountafn fo dadfy Remove raised p/adorm to create afyiada Remove planter of northwest corner (ahGore Remove wall at Lodge at Vail, raise mid• ' Enlarge paver margin !n /roof of Gorsuch vehtculer access fo Pepis; remove ezlsflng area la fables and chairs; retain spruce Cc DcJ to create seating space. seclion of street gredeio elminare needlor . and Golden Bear fo reduce 1ha apparent walls around fountain; shill statues to reduce grove bu! rebuild wall along south side and Reconfigure exisfing Stairs to ease access steps, improve access, muddying exisfing width o/the street modify pedesMan Bas I C water splashing on them, or !real wafer fo eliminate inset benches, remove spruce a( behveen Ead Eaton Plaza and Gore Creak planter walls as needed fo accommodate pathway on north side of Mill Leek Court reduce cwrasion oI the bronze. popcorn wagon to clear a N-S viewcorndor, Odve. new sheet grades. and provide additional Bldg. improve signage /or better wayrndrng. E n h aneeme nts relocate popcorn wagon, rental bikes, and landscape opportunities along street. newspaper boxes. Redesign fountain, with sculpture, increase Reconfigure pavedand landscaped areas to Remove existing planters, roconfigura Highlight niches along(he street with specie! Narrow and repave weer to Mill Creek; add Its visi611i1y bpm Got Cc. DL and change separofepedesMan circulation from planting areas, improve access fo retail paving extending info the street (Wildflower directional signage ro commercial spaces ACtI V Icy founlafn sudece to provide a more "lingeriry" space and to encourage ships, and provide opportunities for sma!! Alley, Wa/15f. Sweet Basil, Lodge entry); oast o! Bridye Sr. and fo Mill Creek Park, interactive wa(erexperlenceto allow greater gathering Pot "Soifer" planned and venues, add sealing wnero appropriate in these intrude 8' wide walkway ro Vail vakay Drivb Enhancing intensify o/use, provideamore flexibls sponlanaous events; provide play leafures areas improve dr'rectional signage Improvements venue lbr special events for children that respond fo the mountain i env ronment Rodasign and rolocale /ountain, with Add small landmark elements that entice Add water /eafure, warming fire, canopy of Consider more elaborate paving design to Create special landmark Widge at Mi0 Creek sculpture, ro allow yresfer intensify o/ use, people into the reconfigured space; such as ovcvhead banner cables and special lights; coun(er Ole linearity o/the steeC allow m mark [he transition ro the adjacent Image and Provide a more Oexible venue for special fireplace, small wafer 7eahrre, sculptural ins(all unique paving material and pattern; Lodge to expand west storefront fo capture residential neighborhood events /eafure. interpretive garden area porenfialry allow the Arcade building to views o/Gore; allow Swear Basil to expand Identity encbse covered space on Easr side, provide its tenace; refocare Siamadc parking ro Enhancement stronger visual and physical connection to create gathering space. Investigate locating Bridge Street through alley public resVOOms and !rash storage below ground. TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM West Meadow Drive, East Meadow Drive, & Village Core Page 12 DEGREES OF DESIGN INTERVENTION, COST, EXTENT OF CHANGE Willow Bridge Road Checkpoint Charlie Gore Creek Park and Promenade Seibert Circle Upper Bridge Street Replace exisAhg wafer fine and repeb Replace tirokeh whit pavers !ri existing Oo hdlhfng Develop a more atfracb've way to Integrate Repave with asphaR; hx damaged asphaff paving configuration aRer water line replacement ski and snowboard racks fn winter streelsrape elements (lightpdes, stone veneer on planers) to match existing Essential Improvements Add public restmom building on the north Refoca(ahaffrc contra/ capacity o! Improve irriga~on and drainage problem at Assist surmundng buildings with installation Repave with roncre/eunif pavers fo building side of Willow Badge Checkpoint, but maintain information exisdng gags[one paving areas. o(window boxes !or summer Bowers; work (aces (DUt donY remove plan(ers); alter the capacity. Create seating areas fo celebrate win trash tympany to reduce grease spi0s paving pattern around'store enMes 13as1 C the eastward view and pavement cleaning problems Enhancements Add paving details shat emphasize the Move the franc controFl driverinfo lundlidn Jntroduce garden plantings with interpretive Infroddde a water feafureidttie cobbled Remove existing planters and stunted trees - bndge crossing pdnY extend pedestran south and reconfigure the plaza In an labeling, provide more seating. Improve area; relocate vertical sculptures and adjus! replace with level platforms (or sociable 14Ct1 V Ity paving (concrete unit pavers) in a orientation more suifedio pedestrian access Iron Childian's Famtain Plaza by stone benches fo provide more room to set seating arrangements and flowercontainers continuous lane homfhe checkpoint to uses,expand terrace along lodge reducing obstacles at existing stairs. up event Iacilf6as, add more electrical (in summer) Enhancing Crossroads; reconggure fhelntersection with promenade; provide visuallantlmark to outlets, dedreate a location within the pfaza rovements Im Meadow Drive to separate cars horn people, connect the villagetorpdo crossroads and /or a monument in 1'efe's memory p minimize vehicular parking the remainder of the village Distinguish pedestrian lane and emphasize Build a significaN landmark Create a /eature That could be used as a Commission ice sculptures for display Add historical markers along the sweet to connection with Crossroads at night, Create (fountain!/irellighfJ and/or architectural stage or to erect a temporary pavilion in the throughout the winter, carsider adding a convnunicate the town's history and Ima e and a special events location far the Vail /eature in the circle to terminate views and fo park; add hislodcal monumenlation along temporary seasonal info kiosk (or resort memorialize locals who contributed to its g Farmers Markel An Shows, and possibly make the pfaza more suitable for special The walkway. Public Restroom at stairs to events development: use special paving in the Identity seasonal vendor cads events. ChildrenY Fountain Plaza- larger sealing niches /Daily Grind. Red Lion, Enhancement etc), add special lighting to create distinct l ong street niches a TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM West Meadow Drive, East Meadow Drive, & Village Core Page 13 DEGREES OF DESIGN INTERVENTION, cosT, E%TENT OF CHANGE Lower Bridge Street The ~r1OO"Io" Intersection (Bridge and Gore) Hanson Ranch Road, the Chute, P38J Park Entry Mill Creek Path Street Elements Lighting Replace slonn dlalnage and walerNnes; Repave wlm~aspnanfn ex/sdng conllgaratlori Repave with asphan after walerdne /n Oo rwthirg Malnlabl all exlsUnp pieces Minor repatr o7exlsl/ng agm Jixtuas, sh10 repave with asphalt; fin damaged after water line is replaced Henson Ranch Road is replaced Ugh! kxatiorts ro reduce dark areas wiUln slreetscape elements (lightpo/es. slope Ma vnlage Essential veneer onp/enlers)do match existlng Improvements Repave wlUr spedel pavers fo bulking and Repave w/fh concrete unll.perers, provide DlNerendale petlestrian riroulalbn lanes with Thin e+isdng vegetagonabng Ne creek' add Mainla6rexlsUng site elements, tiw provide Replace IuMnary in exisdrg lght fi+ture. Use plainer laces; alter the paffem around stae banner poles concrete pavers; work wim VRlromake park /dendfrradon signs atDOfh ends. ewlmsh cans. asoner mpro~subfle loin/nary. anulasro break lha finaadty of the atraet; ioom ror opadastnpn walkweyabrrgsida die east C chute and P38dparmhg sWCWro Enhancements Open up Ule access ro Ule small creeks/tle Increase the distance /rahlhe lnferseGlon Coordinate with MM Creek Cowl Bldg pleas r:+pforo lne;ass;OlUty o/ extending lha Provide newski and bike stooge and Rbevaluala current lighlirg methods. park by the CoveredBhdge. add sewing fo dellvvry parking spares on Gore Creak for perimeter improvements arM tlevalop edsting wallu'nq pmh ro K+ndell Park south to newspaper dispensers. derebp a rtew mae eNactive light standard Actl V Icy ema by the creek, provitle Danner poles w. to permlldevelopmem o/ more seating ~ op/wnuniUVS for gvtfrering spaces at MJI Goa Creek and north Io trip coke pad): add Cpnslalenl with me VUage§ Bavarian drama neerby Creek Coun envances lmU Sgnage. Enhancing Improvements Add /lghling lectures el Covered Bridge fo Hfghllglil emawf Special Stone paving Continue eridga Sveel elencros (Nghdrig. Improve sealing opponunities. provide AO new weef elements: benches, fables and Comp/elety ovemau/ the cuaenl Nghting devofop unique Character for Lower Bntlgv paving, sealing) Irom Soiavn GirJe earl ro gallwring opportunities along Mill Creek cnaus, nasn cans, newspaper dspensers, conagurotion. Ublizo a variety o/ spatial ma a and Slmet Kindel) Parx on Ranson Ranch Rood sIi and oike storapv. landscape pots ligming comtanadon to aUaeve a unigue g lignung scneme: arctvrocrwal rgnang, Identity landscape Ignnng, straamgms Enhancement TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM West Meadow Drive, East Meadow Drive, & Village Core Page 14 u The Streetscape Master Plan describes West Meadow Drive as an opportunity for transforming asphalt street character into a safe "pedestrian street" that embodies an "exciting pedestrian experience" and encourages pedestrian traffic between Vail ® Village and Lionshead. This addendum proposes achieving the desired effect through integration of public art into the streetscape as an "artwalk" experience. It ® recommends a primary pedestrian walkway 15 to 20 feet wide on the north side of the street, and a secondary six foot walkway on the other. Pedestrian needs have been given strong emphasis in the design. Artists were selected by AIPP to work as part of the design team. The design team identified opportunities for public artwork which are integrated into the overall streetscape design concept. . o Pavement features o Seating ^ o Transit stops o Walls Sculptural elements Additional art opportunities should be identified and implemented with final design development of public and private projects. . ~®~ap~ete~ ~®mp®nents Mayor's Park, a component of this sub-area, was constructed as a public pocket park on the old Ski Museum site at the intersection of West Meadow Drive and Vail Road. .~ ~r~~r®ve»ents ]~lla~n ~1~ew The drawings on the following pages provide a plan view of the West Meadow Drive design development. TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM ® West Meadow Drive, East Meadow Drive, & Village Core Page 15 ^ 4'.+ V r'z VAII VALLEY MEDICAL CENTER 7ne west ,•1codP•v Drive $Ileessr pe; Ingxo•enwnl nos aheody c W tWnoled wish recent atldifions Ip Inb Hospital. the 12 -2u' pedestrian zone along Ine norm side pt's+'es. Meadow Drive provides Ample sFoce Iw fociiily occea hum th2 Sheer. $erpenline rElOining'.vaN2 Ond Siep3 reir110rOe the "Ilrnvlina"elem?nl. BerlCheS anaawestdOUntl VOn915heherPmvide aadiliona orl opPOnunities' ART ELEMEI Arl i5 inlegr0:?d In:off ,ileelscope in sir.^,ple ' t e primary an elern< the s?rpenti~w °Ilov:G pnven roar 5eparale VAII VALLEY MEDICAL CENTER -~ ( L,^ ~` -_-~..tF.,4.TA/FADOIIDR/f•£ .191 +=-^^~~_:';a,cc~=~,zc~i.a`1~~ c ,an `--~.L` I~ / - O' -- _ rennstr ~~~ f ~f s,,f ~, : ~.~,.r `~- fi ----_ j ~~ ~ i ~~ ~ o ° ~ p WEST MEADOW DRIVE TURN-AROUND _~= 1 I-- ~ ,I ~~. ' Impto:e pedesUian occeisibiily to Jooion hlbno. VU Gbr9y ~ ~ / ' \, ~/ Cnd the LI0r15head PPIh'wlh a 12~-[d~ wloe pedeihlCn slde'NCk / / with lxr+ers. fNa~lings. sectir.g. cod fghting. I.lidd!e Cree'+. selves / ' ai one en:l PI .he "Ilo'wline" Pudlic M cOilcepl. _ ~ \/~// SINGLE FAMILY RESIDENCES f. Su-too: conaele sidewcl'r. will implore pedeshian c_c?ss l0 I:Onsl >Ct.'ICe clung the sinyl e ~luml'~ InslUenll~l lol> or :he se~ln ilde o'wesl,`.%c-atlow C:i'+e. $Ireetfights alb spaceo lanhe; opal :o mirin-ize tight pollution rp revaen;s. the sfree: w.l hove new drainage 10 eliminae p051 peOClemS. Figure 2: West Meadow Drive Plan View -West Section TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM West Meadow Drive, East Meadow Drive, & Village Core Page 16 ^ ART ELEMENTS Ptl is in129~a;etl Inrc~_9houl ;he s"~ e51 I.seatlaw Drlve SlieelsCape in 5impl2 pU'+ing, wcllcna sire lumishing <tetaib. ihE primcrY an alemenlz pbng V: ezt Meotlo'.v Grire incluoE the serp?mine "Flpv,9inE" paver pad fhe spYey "rumple ship" paves IhOt s?p Crate pedE$lnen Iron Culomobddi. V , '' ~~ ~; oA \ ~ ~ ~ ~~ SINGLE FAMILY RESIDENCES P, six-1001 GpnGre:e sidewelk will impiUv_ pedeshien cCCess ra f:ansil service along the single-family resldentipl loll on ;hE SOU:h SIOL pr'.!eSl MEpdpw Gi':2.:hEEligni5 Jre SpCCEa fanner npan ;o minimize ligho pollution to r?linens. Iha street wU have ne:v tlroinage :o elfninate pcst CtCOtemS. TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM West Meadow Drive, East Meadow Drive, & Village Core FOUR SEASONS REDEVELOPMENT ~`j; _ (, '. H ,, 1 l ''`~^ C"t VAIL ROAD INTERSECTION iht'nlere=ctC 01 J-slAeotlO o -SheebCape wt; Vo'I ko 'IIC t I s 'e I .p anho^ce .h pE 'e5 -~ aAp nC a MGYp' Pur~c 'able provrd g h?n C Uo a qE Cy ell ie CCGB55 1C IhE - 2 $t t p pC Lx v 055 a'V prov tlesrmwpveo access oE.x n~Eptlo• G e. `~~ V ~- 3 ~~ ' ? L:L µ'~j~u 1e de. Figure 3: West Meadow Drive Plan View -East Section Page 17 ^ I~[as~er ~lla~ ~esn~n ~~~>~~~s While the objectives of the Master Plan have been sustained in Design, the manner in which they are achieved has changed. The areas that deviate from the Master Plari s directives are as follows: Table 4: West Meadow Drive Master Plan o 0 0 o a,~'yi r -- 1. Provide a primary 10-12 foot walkway on the north side of I the street with a priority raised cross-walk near the ~ Holiday Inn (currently Chateau Vail), routing pedestrians ; to the south side of the street. The primary pedestrian ; tivalkway returns to the north side near the Vail Valley Medical Center. The primary purpose is to route 'i pedestrians away from the head-in parking located at the j Alphorn and Skaal Haus. I fRAiYSIT Provide a primary walkway on the North side of the street only. Increase the overall platform from 12 feet to 20 feet, divided among landscape, pedestrian movement areas, seating points and art opportunities. Vary the space dedicated to these functions depending on the interface with various Iand uses along the street. Install a safety "rumble strip" between the dedicated pedestrian area and head-in parking in front of Alphorn and Skaal Haus to draw pedestrians away from the back end of parked vehicles. This provides a "safe zone" and better sight distance for drivers backing out. (Figure 4) Parkins t ~~ --~_ - --_ .~ ',Q4 ~ ~~= _,~ „''~ ~ ~~ Figure 4: West Meadow Drive, Rumble Strip at Alphorn and Skaal Haus parking TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM West Meadow Drive, East Meadow Drive, & Village Core Page 18 o 0 0 - ~ ~~ 2. Provide a five foot walkway on the opposite side Provide a six foot walkway in accordance with the Town of the street. standards. 3. Maintain a street width of 26 feet curb to curb. To provide more pedestrian and landscape area, design a street width of 24 feet, curb to curb. (Figure 5) r~- -- ~- I 1 - S, rR ~ fa+r~lc i' , d. O v ti a ~' I .~~ ~a ~4 ~~ /'T'ri~.v ~ r!' t / '•~#+r G1cE:v.. a°R° . 1 4. Provide a "neighborhood entry" feature in the form of a , small landscape median immediately west of the Fire Station TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM West Meadow Drive, East Meadow Drive, & Village Core ~~ Q 1 ~, t, j ~~~~ F c . .y e ~ rra ~ v r' ', - ~~t-y°+"~:.tLWili:r71Y.+.-i.•. y c i v p Jvh t,X rr.s. wr~r a,sro~w p a+r~ Figure 5: West Meadow Drive, Cross section This element was studied at the proposed location and a location east of the Fire Station. Both locations conflicted with turning movements associated with the Fire Station and intersection. This element has been excluded form the Master Plan at this time. Page 19 ^ ^ ^ ~: ,, 4.. } P t ,4 II Mayor's Park did not incorporate public restrooms. 5. Develop a pocket park with public restrooms on the There is insufficient space to incorporate a public northwest corner of West Meadow Drive and Vail Road restroom as a feature of West Meadow Drive. Additional (the location formerly occupied by the Ski Museum). locations for public restrooms are discussed in the "Guidelines" section of this document. 6. The pedestrian walkway reverts to a shared use platform, allowing vehicles and transit service from the west end of the hospital to the library and. Dobson Arena. The separated pedestrian walkway continues past the hospital, beyond the point where the transit service gate crosses Meadow Drive to the south, and connects to the Gore Valley Trail. The Gore Valley Trail is rerouted to connect to the sidewalk rather than directly to the street. The trail that runs south from the Evergreen Hotel is rerouted by the Dobson Arena across to the east side of Middle Creek where it intersects with the Meadow Drive pedestrian walkway. From this point west, the pedestrian walkway becomes shared use with the transit service to the library. (Figure 6) Transit Figure 6: West Meadow Drive, Library Area -~""r`_',~ '°~~~ : c , ~^-~ Vail Valley _~ ~ ,~ ~- ~ _~, \ Separated Medical ~o ` ~4~ ~ "-~'r. Walkway 17x11ey ~~V O ' ~'"'s.. _ ,=mss,/ ~ f' '~ __ Nei! ~ ~ ~ ' ~ ~~, ~ ~~~ _ , ~' _ ~~o TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM West Meadow Drive, East Meadow Drive, & Village Core Page 20 ® ~~~ln~n®>~s ~® ~~~ ~t>r~~~s~~p~ I~[ast~~ ~'fla~a ® New opportunities for pedestrian and other streetscape character enhancements were discovered during the design dialogue process. ® Vail Valley 1Vledical Center ® The Vail Valley Medical Center (VVMC) was in the process of acquiring Town approval for facility expansion when the Meadow Drive public process began. VVMC management and consultants participated in the streetscape design dialogue ® and subsequent public meetings. WMC was supportive of the concepts developed and agreed to allow the pedestrian space along the north side of the street to encroach in a seamless manner onto their south frontage property. This provides an opportunity for a pedestrian pause space along West Meadow Drive, accentuating the pedestrian experience. It also provides an opportunity for integrating public art in the form of benches, paving accents, transit stop, and a wall mural, as illustrated in the plan view in Figure 7 below. ^ ~ `\~_~ , if . /~` „ Art Mural i~"t J ~' ~ V~-IL Vp-LLEY MIEDIC~-L CENTER .~ µ - ~ , y.. ~Y~ ~ Art Element -Pavement Transit ^~ ~ f ' ~ ~•~ cam/ ~ _~ r; ~_ .~ -- - c ~,~ ~,.0 is _ E,f ~ ~ ~_ ~. P -` _ ~ V Dlr.- '-.-~ ^ _ ~_-~ f.l y. R~~'l~J. ~ ~ y~ ~ ~F ~~ -'" !PEST M`~E`ADOId~I.~D't/ ~._._.__,.,, ~./ \ \ ~~~ O TRANSIT _ O~ ,_'-' Figure 7: West Meadow Drive, Vail Valley Medical Center ^ TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM ® West Meadow Drive, East Meadow Drive, & Village Core Page 21 !!rlw. 4, \~~ ~ ! ~ ~ ~~.: ~ ,t .,! .., r. ~ ~ i i ( ,r [~ ___... .. ,+ u~ ... ~~4 III ~'^ f i 4 ~o, .< ,, ; I "t I, `0'~AI~' .. .F .. '{a :_ ra~P.uc.v:urrt~u~aatr ~ '_.~ r Yo-.r ~)O" cu+/O CHr+ta.4 .r/jtnrtYJ 1 WESG MRw'JIw tl.l•v! wwtK Jf. /. N. II. f~ Figure 8: West Meadow Drive -Vail Valley Medical Center -Mural Wall and Planter Bench ^ The area between Dobson Arena and Vail Valley Medical Center, where Middle Creek flows toward Gore Creek is stream corridor dedicated to and owned by the Town of Vail. The parking lot that serves both Vail Valley Medical and the Town is . located on the East side of Middle Creek. At present, this area serves as a connecting point to Lionshead, the Library, Gore Valley Trail and north past Dobson Arena. However, it is not clearly marked. Preliminary plans for the Medical Center and Evergreen Lodge expansions suggest removing existing parking and eliminating vehicular access from Meadow Drive. ^ These plans provide a great opportunity to transition the west end of the artwalk from an urban street experience into an open park setting. The Library, Dobson . Arena, and WMC can be unified by the common open space created by the removal of the parking area. To enhance the park-like setting, stream access should be provided, along with natural form gardens, seating areas, and environmental interpretation/ education opportunities. TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM ® West Meadow Drive, East Meadow Drive, & Village Core Page 22 i The pedestrian path bordering the west bank of Middle Creek is rerouted to the east bank as a part of the recent Dobson Arena improvements. In final design, this path ® intersects with the Meadow Drive walkway and extends across Meadow Drive through the open space to the south, where it intersects with the Gore Valley Trail. ® The route is emphasized as the preferred pedestrian connection to Lionshead. Appropriate signing would inform and efficiently direct pedestrians to various destinations. Elements of this design include: o Relocating the walk bridge further up the creek to open up more park area, Re-routing the path from the relocated bridge further to the east, toward the ® southwest entrance to the VVMC, o Establishing a new trail/road intersection at or near the VVMC entrance, and o Creating an open area park setting and public gathering area at the west terminus of the Meadow Drive artwalk. TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM West Meadow Drive, East Meadow Drive, & Village Core Page 23 L~ . This segment of East Meadow Drive shares use among bicycles, and buses. While private vehicles are excluded beginning at the intersection of East Meadow Drive and Willow Bridge Road, the Talisman intends to exercise the right to use a pre- existing easement to access their property, although the issue remains open. This access is indicated in this addendum; however, it considerably compromises the ® pedestrian nature of the area. Alternative access solutions should continue to be studied and implemented. Concepts discussed during the design dialogue included ® creation of a streetscape experience that attracts and holds pedestrians within the space. At certain times of the year the street can be closed off to all motorized vehicles and serve as a venue for special events; for example, art fair, street concerts, . farmers' market, and other forms of activities and entertainment. The public plaza space created by the intersection of East Meadow Drive and Willow Bridge Road is . intended to function as a primary venue for larger size street concerts and other special events. Future redevelopment of the Crossroads commercial development should include an extension of this public space in the form of multi-purpose stage areas, art features, fountains, restrooms, and potentially an ice rink TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM ^ West Meadow Drive, East Meadow Drive, & Village Core Page 24 ~J ~~ t x ® ~ S ~~ ~~ ~ LA ~OTTEGA ~ ~` ^ ~~A iY V ~~~ ~~ a t, . ~~,. `,nYnn~"" ~ .. ~~ • ~1 t SON~Ei~IALP REDEVELOPAAENT < 1 a . ~~ ~, ~ •Is: c ` ~ • pe Figure 9: East Meadow Drive Plan View -Vail Road to Willow Bridge Road ' ym ~ ~Y.: 7 EAST M~;~~l1Y•I~'AR ~~~ - ~, ~.. ~~- -. y~ ~ Sry pF • ~ ~`R ^..4i` .._ .. ~- -. ~'s :*, ~'_'tiJ ~ ~! "u~_'X'_.. ._A. VAIL VILLAGE Iill~ PLAZA Improvements in 11us area anticipate Ne flowline fountain, benches and planters. "~/Q CROSSROAC y a a v ~ aai ~ Q.~< „~ 'Yn'-_-~... ~ ~ ~ 9 ~~~ as ` ~ ~ ~ i . .n..~ ~,, o o n .~ y'RdYV$kIk <• c 4 ~{S'PTC/,rJ; - '~~ C J~ •' /TOP t.' • - ' .-,,,~s° ~ ,f ~ .. 'z- `,~ ~~ ~ ~ (a ~W7d a -~ y ,~``,r.. \ ~ ~-" ~ ~~ \ SITYISS CHALET '" ,~~, ~.._.._.._.~_~ ~:.A~ .t , \ REDEVELOPAAENT ~~'~~ ,p -~..~~' '~ ~` TALISAAAN / l~-' SONNENALP/SlAfISS CHALET REDEVELOPAflENT The Meadow Ddve Sueeucape has cbsely coordinotetl eitorts viih the Sonnenolp/ Swas Cholol development foam to provida on infegmted pedestrian onvironmeN shot Includes an eosf bound Tra nsil Stop. Rafail starelronts along the enure south silo of those developments wBt serve to aclivote East r~neadow Drive. TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM ® West Meadow Drive, East Meadow Drive, & Village Core Page 25 l~[as~e>r ~ll~>m ~~sn~ ~~~><a~es r ^ ^ ^ While the objectives of the Master Plan have been sustained in Final Design, the manner in which they are achieved has changed. Design elements that are consistent with the Master Plan include maintaining a continuous horizontal platform through the street cross section with no curb and gutter separation of the pedestrians from the buses; differentiate the pedestrian areas from the bus travel lanes with distinctive paving patterns and colors; the north side of the street is emphasized for pedestrian use. Areas that deviate from the Master Plan s directives are as follows: Table 5: East Meadow Drive Vail Road to Willow Bridge Road Master Plan Changes • . LS"LiC•S! W o a ~ i41d9.1°,.lglS' L5249.C.4S ~'e .9'1 ~~ Two-way bus movement is required on East Meadow 1. Provide a single 14-foot travel lane for buses. Drive using 12 foot lanes. As suggested in the Master Plan, the lanes are placed as far south as possible within the right-of-way. The roadway width is reduced to one 12 foot lane at each end as a traffic control measure. 2. Maintain control gates as a streetscape element. Replace control gate arms with lane restriction "neck- downs" with special paving on both ends of the street. This treatment de-emphasizes East Meadow Drive as a public road for vehicles. Pedestrian-style paving is drawn into the "neck-down" zone to emphasize the corridor as a pedestrian area. 3. Locate awest-bound bus stops in front of Vail Village Inn on the north, and an east-bound stop in front of the Sonnenalp on the south. Move the west-bound bus stop at Vail Village Inn (presently La Bottega) approximately 50 feet further east. Move the opposing east-bound bus stop approximately 25 feet further west. TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM West Meadow Drive, East Meadow Drive, & Village Core Page 26 n o o a . o ~ ;, CAL 4. Emphasize pedestrian areas to the north side of the street. Final design is consistent with the Master Plan, except for the far end of the street. The preliminary Sonnenalp redevelopment plans bring the new building to the edge of the right-of-way, with store fronts along the south side of the street. Final design includes an eight foot pedestrian walkway along the south side of the street. The west end of the walkway is located within the right- of way and on Sonnenalp property. As the walkway continues to the east, its transitions fully onto Sonnenalp _ property. x V r---_____r___-~_f -- ~ ~~ l~ ~oTTEC s~ ~ i ~ ~ .~ ~ z : ._ I, ~ ~~-~ k ~~ `"~ ~` - r-~"'~ ~. ~ - ~' lr,•l ~~Z" r~~~4,-3'~~~•' d)R I iF'F _ .-. ,3' :" ~"~ ~`.a/ ,, \ S0~9~EI~AIP ~--~ RE®EVE~OPMEI~T _--- ® Figure 10: East Meadow Drive -Sonnenalp Redevelopment Area TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM ® West Meadow Drive, East Meadow Drive, & Village Core Page 27 ~ ~ ~ - o . o ~ 5. Preserve the prominent landscaped berm on the south side of the street. Should the Sonnenalp redevelop, this feature should remain as a strong character element along the street. Art Feature - Fountain ~. ~ ~ V` « _., Art ~ x Feature Talisman Parkinc :~ ~`~ ', r Figure 11: East Meadow Drive -Talisman Area Preliminary Sonnenalp redevelopment plans shows the south landscape berm being removed and replaced with the proposed building frontage and pedestrian walkway. The Talisman parking access is shown but should be ' studied for alternate arrangements which do not compromise the pedestrian area.. Final design extends the south walkway to the east across the Talisman frontage connecting to the Swiss House redevelopment plaza area, to maintain a safe connection with the proposed new uses along the south right-of-way edge. The removal of the landscape berm is mitigated by adding landscaping to the Talisman frontage and creating space for a landmark piece of public art or fountain. ~_ - TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM ® West Meadow Drive, East Meadow Drive, & Village Core Page 28 Talisman Parking Acce ~dc~ntn®~s t® tfl~e ~tr~~t~~ap~ I~/1[a~ter ]Man ® Sonnenalp Redevelopment The Sonnenalp Bavaria Haus and Swiss House have started preparing ® redevelopment plans. The property owner and his respective architects and planners participated in the Meadow Drive design and public process, sharing their thoughts and conceptualizing opportunities for the interface between their proposed improvements and streetscape improvements in the right-of-way. The preliminary plans were shared with the Meadow Drive design team, and updated versions were submitted as available. While there is no guarantee of the final re-development layout until after development approval is granted by the Vail Town Council, the Meadow Drive design team has considered the plans in the context of the streetscape and public input. Vail Road Intersection With the Sonnenalp redevelopment at the edge of the right-of-way, the street corridor will have a narrow and much more European character. While the street . will feel more enclosed, the new character creates an opportunity to erect landmark public art at the intersection with Vail Road, creating an inviting gateway statement . and inviting pedestrians down East Meadow Drive, as illustrated in the plan view, Figure 12 and the cross-section, Figure 13, on the following page. ^ ^ TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM ® West Meadow Drive, East Meadow Drive, & Village Core Page 29 a ~~, o b ©~ A „~ Q ~ ° - ~ l ` ~ Figure 12: Meadow Drive -Vail Road Intersection ~a. ~! ~ ~ ~a ~ /j as ~ r MAYOR'sPARKf \,. f ''V •-.. '-~.'cZr ~ 4 ~!l'Ct~,v°~~, .~!C' ~ ` ~` ,°~~s•1r:ftnoi~•' pRt1• t~ r, ~~ ~--_.. ~ r Qw ~ . "s~• ~ ter' ,~ ~ Paver Crosswalks Across Intersection N Wind Sculptures #100 Vail Road -Fire Pit TOV Light Standard w/ Hanging Baskets Proposed Garage Figure 13: East Meadow Drive - Sonnenalp Redevelopment Cross section, looking east TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM West Meadow Drive, East Meadow Drive, & Village Core East Meadow Drive Gateway Art Feature East Meadow Drive ~ Proposed Sonnenalp Expansion `- Page 30 ® Vail Village Inn Plaza ^ Figure 14: East Meadow Drive -Vail Village Inn Plaza In the north central vicinity of East Meadow Drive, the Vail Village Inn Plaza buildings are recessed from the Meadow Drive right-of-way, forming a sun pocket plaza space: More businesses lie to the north of the mid-block opening, but appear to be hidden and unnoticed. The plaza area offers an opportunity to develop features that will draw pedestrians into the space which they presently tend to pass by, inviting them to explore other retail locations. A water feature provides amid- block destination focal point to complement the existing businesses, and takes advantage of one of the few open areas along East Meadow Drive. Strategic placement of benches within the space invites pedestrians to pause, linger, and enjoy the space. Public /Private Plaza with Art Feature -Fountain i.. :-+ C'' ? V -4~ E.~.ST N~~~a'~~`i~ I~RI ~ F - .1 ~ ,1.C ~~~~~o~~~~~ o~~l ~~~~~ Flowline Fountain Z' ~~~tiyb~... b ~ ' _~~/` 3 A: ~~~v @- ..try Y ~_~ ~~ .~ a ? :. ~ ~... ~~'~ tip' ~'~ ', ~ ~.~~' c ,~, ~~~ ~ ,.~ '~ ~_. 4 i. ~ -r ~~ - . _-- -- -~ RE®EVE~®Pf~iEN~ l ._ TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM West Meadow Drive, East Meadow Drive, & Village Core Page 31 I _.J ® Swiss House Redevelopment ® Redevelopment is planned for the Swiss House, located at the east end of the East M d D i bl k b ea ow r ve oc etween Vail Road and Willow Bridge Road. The property owner and his respective architects and planners participated in the Meadow Drive ® design and public process, sharing their thoughts and conceptualizing opportunities for the interface between the right-of-way streetscape improvements and their proposed improvements. The Swiss House will remain recessed from the southern edge of East Meadow ® Drive's right-of-way edge and will be reoriented parallel to East Meadow Drive. ® Vehicular access points are being relocated. The proposed design presents the opportunity for another open area interface between the right-of-way and private ® retail/hotel property, inviting pedestrians to linger and enjoy the space. Concepts VAIL VILLAGE INN PLA?A Flowline Fountain include benches, public art, and vegetation to soften the hardscape. These concepts . ~.~~ were submitted to the development interests for consideration and incorporation ,~ ~, into their plans. ^ ^ r4 ¢G ~< w ~, s 4, 'Q 2,,, ,~ A' ~f a +r ~ b 'a o .+ "~ < a4 ~S ~~'6a 1~ ;ti ',=; "7~~ >i I Jpl ~~`~.. `I +~`.~ b ,J .{ °~ ~;t. ~ ~~ f' 1 , ~ r Figure 15: East Meadow Drive -Swiss House Redevelopment TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM West Meadow Drive, East Meadow Drive, & Village Core Page 32 A~ > CROSSROADS ~, ~ ~~ t~ ~~ d~. d ~ `=~ ~A :~.k~~~J ~ ~~,~'~: Art Feature ^ ^ ^ .:- ~, p st st if1~ It-, l,it i~ ;- _ t r'---.~ Righ ,--.^,, ` t I~..? ' 'ra `t ~ ~ 2~L0 ... ! r:l ~ " ~ ti t F ~ f,. ~ ~'~ t cck~Dowq~~ ~ 'x _ s ~`~ ~ a .~,, ~ 1 t1`. i ~.~ ~~ tii t ~._4 ~ t ( I ~: { ' , I'~f ~I ~ Crossroads Center A_t 7 - ---a#° f° ~~}_ ~ ... (~ ~"•i~ < <.~ i i ~ t y s.,.. ~. yr' ~>: Willow Bridge Road ; Proposed Swiss House Redevelopment ~ East Meadow Drive ~ Potential Futurc Ice Rink Special Paving at Willow Bridge Intersection ~, . TOV Light Standard w/ Hanging Baskets Proposed Garage Figure 16: East Meadow Drive at Willow Bridge Road, looking west TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM West Meadow Drive, East Meadow Drive, & Village Core Page 33 ® ~A~~ EAD® DIZ~VE o LI.,® I~~I~GE 1Z®A~ '~"® VAIN., VA~.,~E~ ~ ~IgIV~ ~~~I~~ ~~V~~L~~~I~T'I' This segment of East Meadow Drive is primarily open to all vehicular traffic. Only the section between Village Center Road and Slifer Plaza is restricted to buses and . pedestrians. Several hotel, lodge, and commercial properties, including Talisman, Village Center, Sonnenalp Swiss Haus, and Crossroads are access through this segment of East Meadow Drive. The majority of these vehicles enter from Village Center Road off of the South Frontage Road. Two properties, Vail Mountain Lodge and Mountain Haus, are accessed from Vail Valley Drive. Many vehicles exiting the Checkpoint Charlie area use this segment of East Meadow Drive as access back to . South Frontage Road. Pedestrian traffic on this segment of East Meadow Drive is directed toward the edges of the roadway because of the heavy vehicular traffic. Snowmelted walkways along the Village Center commercial area and Sonnenalp Austria Haus provide access along the street and to the majority of the shops and restaurants. Pedestrian crossings between commercial developments can occur at almost any point along . Village Center Road, East Meadow Drive, and Willow Bridge Road. Different pavement material types are used to provide a visual indicator of the primary pedestrian crossings. These occur at the intersections of Village Center Road, . Willow Bridge Road, and East Meadow Drive. TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM ® West Meadow Drive, East Meadow Drive, & Village Core Page 34 The following components of the Streetscape Master Plan have already been completed within this sub-area: The control gate near the west portal of the parking structure has been moved further west. o One-way traffic designation has been moved north, just south of the Village Center Parking access. o A 14-foot asphalt bus travel lane, paralleled by a 12 to 15-foot pedestrian walkway surfaced in concrete unit pavers, extends from the west control gate at the parking structure east to Slifer Plaza. o Slifer Plaza has been enhanced as recommended in the Master Plan. o Screening of the Austria Haus parking lot has been achieved through redevelopment with the hotel, retail shops, and landscaping along the East Meadow Drive frontage. o Mountain Haus and Vail Mountain Lodge streetscape components including snowmelted sidewalk, landscape terrace, and bus stop have been completed through redevelopment of those properties. TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM ® West Meadow Drive, East Meadow Drive, & Village Core Page 35 CROSEQOADB rye ~ :~~ b~= X ~t ,; o- s .~i~ . ~~ r" r ~ ~ '"q~ ~' js';~s `ry~ VIILAGe CeWTBR ,~;. - ~~ ~""i .J a J JL ~ .. •1 r, ., x :~ :.,~ j- F~ VAIL TRANSPORTATION CENTER Yo..~f:l oqy~. . ple~o.NV,..<hbaooe ~q 4iQ. 0~w.~`rr~... ~wM:~ ~a~Y ~.1 [bf/~/4~r~~:~ ~Y~6 It:V lYM O'~O'G/M /t.Y.Ar iiCMIVV6D?a .+/[G+a /> DY TRA P1 SPO RTATI DYd cewTea F " ....,,~~~ f - .~~ } _ / , to ~ ''a; lyv i.~ ,,_,~-~w s faY" "~''" vs; i~ +, c, 4 `~ f~.,. :}~ AYSTRIA MAUS 4 ~ ,"~ .~~ yW~IIOW Bo-R1DGF RDAD - - - ;`+~ -a ~.roo.w eawwn Ed~S~ EI~~®~ ~LI`~E STREETSCAPE MASTER PIRN ;'?f .. .... ~vr~;~~iit~~a~c3 Figure 17: East Meadow Drive Plan View -Willow Bridge Road to Vail Valley Drive TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM ® West Meadow Drive, East Meadow Drive, & Village Core Page 36 I~[as~~>r ~Ila>c~ ~e~n~ ~~a>~~es Table 6: East Meadow Drive -Willow Bridge Road to Vail Vallet~ Drive Master Plan Changes ~~~9."sLS 0 0 ~E]~LTil - i n , v,~:#,~ ~ ~ g"1 1. Provide a single 14-foot travel lane for buses along j Two-way bus movement using two 12-foot lanes is required Meadow Drive to the east of the intersection with for East Meadow Drive, contradictory to the Master Plan. Willow Bridge Road. These lanes continue to the East between Willow Bridge ~ Road and Vail Center Road, as illustrated below. i 2. Separate pedestrians from traffic along the north side of ' East Meadow Drive from the Willow Bridge Road ' Provide a walkway, restricted to a narrower width than intersection to the control gate at the parking structure, recommended in some isolated spots. The majority of the using an 8 to 10-foot walkway. walkway meets the recommendation of the Master Plan. After considerable traffic movement analysis, it was determined that increasing the dimensions of the existing '~ planter will make it difficult to provide for large truck or 3. Replace the triangular planter located in the center of the emergency vehicle turn-around. The planter is removed in i East Meadow Drive/ Willow Bridge intersection with a ~ its entirety and replaced with a special paving treatment to larger circular planter. Use a special treatment to pave ; create the focal area recommended in the Master Plan. The the intersection so it acts as a focal point. i area is labeled to serve as a venue space for special events, during which buses and other vehicular traffic would be rerouted. Coordination and interface with the Crossroads i redevelopment will be critical to setting the stage for this area to serve as a special event venue. (Figure 18) i Reduce the width of Village Center Road to 28 feet, with the 4. Reduce the width of Village Center Road to 28 feet, curb ~ addition of a central landscape median to further discourage to curb, with five to six-foot concrete sidewalks on each ' unnecessary traffic. The landscape median also responds to side. the Master Plan recommendation to add landscaping along Village Center Road near the South Frontage Road intersection. (Figure 19) TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM ® West Meadow Drive, East Meadow Drive, & Village Core Page 37 ^ ^ Figure 18: Crossroads Area TOWN OF VA1L STREETSCAPE MASTER PLAN ADDENDUM ® West Meadow Drive, East Meadow Drive, & Village Core Page 38 Figure 19: Village Center Road Area ® A~~(ntrn®>rus ~® ~1~~ I~1[~s~~g I~fl~>r~ ^ °, ' ~; s ~ r I__ ?_- _~ (,aragr V ca.ag~ Gnngr. li Hg~ T'crran: Walls Street enhancements have been developed along the embankment slope that covers the south side of the parking structure from the Village Center Road/East Meadow Drive intersection to the central access stairs, across from Slifer Square. A retaining wall installed in the embankment creates a cavity that varies in depth from 10 to 20 feet, providing space for seasonal vending opportunities, a seating wall, water features, and public art. A pedestrian walkway will extend along the length, as well. These street enhancements are designed to generate points of interest and pedestrian activity to the west of the parking structure's central access. b ~~ ,~ TR~-NSPORTATION ~; `/ , CENTER I - ' ~ _~ I ~"?, mxN a .~~~~- ~~~..~ a ~~m~a_y~3 a~y.?,~/ ~l •7,M1 A.p `-~,.1-= "` ~ ~ ~ j` EAST r11EAD6TA~ DRl {~E k °; ~ " fi vo.- '.a r ~ . ~::. ~ `~ bEtl6 - < ""tD A ~0 ~ ~ a f _._ ` _ _ _ ~ TOV Light &andard w! Hmgiug Baskets ,,~~'°, ~~ Figure 20: Transportation Center Area J --=~ ='----- e,usting sniped Baok Kid's Glimbin¢ \Vall Pedesvian Areal Evsr Figure 21: East Meadow Drive at Bridge Street Cross Section -looking east Bridge Ruad S Vail Village TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM ® West Meadow Drive, East Meadow Drive, & Village Core Page 39 ® ~Y~.,~~~E ~~I~E ~E~~G~T DEVE~®P~/I~I~'~' ® The Streetscape Master Plan describes the Village Core a one of "the premier pedestrian spaces in the country", yet the existing "streetscape treatment does not quite measure up" to its "unique setting". The plan proposes achieving the desired effect by adding the detailing that extra level of finish that creates a statement of quality and distinctive character. The plan proposes highlighting key focal points and plazas with special paving and finishes. It recommends eliminating all loading ® and delivery functions from the Village Core enhancing pedestrian comfort and safety and Checkpoint Charlie is recommended to be relocated to the intersection of Willow and Vail Road. • Driving the Vail Village project is the need to replace utilities and the desire to consolidate construction in the Village for minimal impact to businesses and . residents. ~®>rau~plleted ~C®mp®>c~e>~~s ® The following components of the Streetscape Master Plan have already been completed within this sub-area: ® ~ Seibert Circle improvements. ® o Landscaping and walkways at Ted Kindel Park. A stairway connecting Bridge Street to the pocket park and Gore Creek. ® Gore Creek Promenade Landscape Improvements. TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM ® West Meadow Drive, East Meadow Drive, & Village Core Page 40 [r ~~6~ MuO~~~~ Stro-eetrsc®p~~ d~c~streo- ~~~~u ® `_, yr ~ ® . ~/ ..._Ji ~ ~ d p ~ ~ (/ ~~ ~ f I i O ~.r~~ 14 ^ WEST GORE CREEK DRIVE ~ ~ 1.1 ~` t) \ 4u anch uecurral Iandm:nA i, to cd !.y 1 ' e . uhc ~ J IC c LD' '1, ~~ I Vl ~'r a. er I I ~ l 7 Sitzmark I Bell ~ ,,. Lodge ~ Tower ~ n Qrid~ 5 ! F- it J b~ , Drl,c I t h r c ~' I ~. hu~.l. P pl:inrcia { J urdr -~ , ~~~ rr dr P r i ',(r`" ~ `~ r III' I - I I .~yr~:\ ~•v 04 ~~ - V ~Irci .r I~n~mr,rc c~ t.or.~ V' r h I ri J '~ v ~• ti\ v WALL STREET ' .nutr. I L r. !~ ~ % :.~~ 7Le Pl:n I I xr ics r,l'ca..caJ: ,i: t c ri~ r -ring hounder. ® ,' PI 'i.. ru r.l ~Id ' F u nruin Plur.i The ~~'~ .\ ~ lr°"`~~ r • r~ i,c~ n., a Founders Pl.va ~ ~. ~!~ (ru.ceJ'n~ north Juu I \4 II tit ~ v \~ /', Q' :n,J cwr r r rl ('I Id h ,~ 1J ~ The „ar r I I ~ I t ~ -+ ,u, r1 pu< I. and talk r I I I t ~ r nrwrn sncam. ~, ^ 1 '...\. r 5 Tlnc`\\'ull )veer l,lunic and .rep. nc ''. /) ~~ ~` I` ,nngweJ ru inpn,ve :et:nl.isihiiny ~/ 1 : - unu ucce.srbilin , nJ cneuurr~e r `\~~> ~. '"~~/~~ nJuinu wl Judre ~::Ppuiruinric. ._ .~ - V%\, ~-'~ 6 RELOCATED CHECKPOINT CHARLIE 1~ 16ec4:{won (I~uli; a rclu d dl a to nc~ LiN(•,c _~ ur \'uil ciuraocc w rcJucc p J vi ~J rchiiuldr • enmi~era and a new eh<hPo~m Iwod, ~,, prnpoaed Rir,clc::ndp.Jcauiaa cmmcctiun>arc pnqu~scJ anhe C-.~ ~ r ,~I~1.~ _ . , ;n:<LP„ml h~.an~n,nr~n..,ms ~„ Ins aril \:ru.y ut~ Tmil anJ Jrc na,aindcr u(nc~ \'i llagc. NOPTN ® ` L~ CHILDREN'S FOUNTAIN PLAZA Tl~e pluu Prupn.c.. rccuntigurntiun ui ('hilJrcii z Founlnin I'lara in hcn~mc mnn• inrcricii,~c anJ enSaging.:uiJ inclu.lc, arune elcniua.. cuscaJing w:ncnSlls, :u,J IanJscapcJ .cmiug area. „'bile rciainmg nc~ original hnwic c1~ilJrc~i. sculPmn•. anJ waicrjcrs. A fmmaln pool ,ciilr n nc,c pumping .yerem will :Jlow I„ru c.Iriltlrcii . pla~~ actin ~~r(ely nnwr'cJ ii~nn ,'clundur unJ Pulc~'Iriw lmffc ut'(iorc(rccL Driec. ~ N 1/ 3 3 ~ d ~, 3 3 4. Arcade Building Plaza Building FOUNDERS PLAZA honnJr•r. rlaz' I ~, Ana r nr ide as I I n,d tmhc .aculpwm pla}~gr,ainJ i. prnp :rna hr„~.iae,aare,~hh•,nmr A cewrally IucalcJ. rcvampe in hounJcr.: Plana. A public \'enJcn:i s nearing Icrtace that will hu aeccs.eJ faun Nall tincYl. Figure 22: Village Core Plan View BRIDGE STREET The inrcr..ecriun ur R: iJ(;c tirrcer :niJ Cillre (: reeR Dri.'e is celehr:ucd u~ir]i pu.'.:nienr Jesigu cuniiaem,~rnlin(: nc~ 1 iJing ul'Vail Jc~•civl ul'thc -lino .aronu InnJ.c:~Pe Pl:urrer. arc t •,i( ed a al rye ~m;g r~red n~ unpn rnail o xibilily and ucu.+,'biliq~. The. cunerele car6 i. i., ~ ~cJ :Jun(; l,ll.pu I'iriJ~e Slrcci unil~rhe srnci i...liglaly r ;~Jeal i.~ a.:cu, I r 41)4 hl nres unJ I,r I I l r I - 1 pede,r r r l ~ a:~: appu uuum,. EAST GORE CREEK DRIVE Clock F t ht II C' F I 1- Tower //mm~~ " IL - I I I \ I \ Ilc~ 7t, D ~ J 1I J- ``~~JJ r' I I u ~r°~~i~ ~~~~"^'~ v '1 1'I m.I a cc.a r. IcJ tiinJ.ill i=fir' rU.r Mill Creek ~ .( /- Court Bwldmg 5T ~ . ! P3&J //l ~ Park ~ ~ ,~~~ ~. 3 7Y}G`-. ~~ ~ HANSON RANCH ROAD\ \ ` 4 nccc.vun uJ, en rcpt: ccmc n .g., I II ( h' II , ILr \t II ' 1 I u I r I I h I J II ~t~ nc~ '~ \ II :, C. til 11: I I. I J 1 )_I I ~ t lun•. : dr l Il~,l nl p ly I J \Il:e, d w esPnnJ LmJ.e. ~~ aria, f I, r w u c ~, p I, IA I I a I ing opponunil c. A .mall \,ul Vall y D c . w b: k I ulcsui, ruouna m icJ e'ilhin nc~ I:mJ:cnpc :vcu anJ tram the \%illagc ('om. Tlm imprnvcumm,a w the P3 k rnr ehJJren h. pla>, . t d,we inelmle a pea.udau „'alkw;~y anJ p;u erg ~y,gmJe J popn vugon is Prnpu,.<J unneJm PmeiJiug sulir Pcacsnnnr and vehicular cYlrrnnr, i,a pmpoarY under r .umreCliuns. TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM ® West Meadow Drive, East Meadow Drive, & Village Core Page 41 1~[as~~~ ~'ll~~n ~~snggu c~fl~~~g~s l--~~jl While the objectives of the Master Plan have been sustained in Final Design, the manner in which they are achieved has changed. The areas that deviate from the Master Plari s directives are shown the Table 7. ® Table 7- Villa e Cor o , o ~f.~~ e Master Plan Chan es U L'l~'L'U D ~ Q i ^ i i 1. Removing the loading and delivery zones from Gore Creek Drive and Bridge Street as recommended by the .Master ,' Transportation Plan. 2. The primary paving material for the right of way area is ~ recommended to be rectangular concrete unit pavers with a herringbone pattern edged by a double soldier course. i The final design removes many of the loading and delivery areas from the Village Core to Vail Resort's proposed "Front Door Project". Loading and delivery parking will be dispersed to the west side of Willow Bridge Road across from the Sitzmark Lodge and to the area along the Lodge at Vail promenade when the "Front Door' loading zone is full or not functioning. The final design proposes upgraded pavement treatments, stone and concrete unit pavers, in key pedestrian areas to create a cobbled "European styled" experience. The design intent is to use four to five pavement styles (rectangular and square), patterns, and colors to provide a range of palettes and subtly develop distinctions between Village areas (i.e. Wall Street, Bridge Street, Gore Creek Drive). The color palettes would be consistent with those recommended in the Master Plan including Charcoal, Arapahoe Blend, and Brown. The concrete unit pavers would be "tumbled" to reinforce the cobbled style and add a character consistent with the "Tyrolean' traditions of the Village Core. TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM ® West Meadow Drive, East Meadow Drive, & Village Core Page 42 lA;p~.¢7~S".L~LiC~4.L 0 a U ~"~~e rr-?~ r~~~.~.,;~f'XF. a~m_° •~ ° ° 152119~VS ~ ~. li', .~ The final design proposes reconfiguration of Children s Fountain Plaza to become more interactive and engaging, and includes stone elements, cascading waterfalls, and j landscaped seating areas while retaining the original bronze children s sculptures and water jets. A fountain 3. Restoring the Children s Fountain to its original design by j pool with a new pumping system will allow for a removing the stone walls to allow access to the water. children's play area safely removed from vehicular and ~,_ ~ `; ,. } ~ u 3 ~VY/D~a w .,. 13 \_ ~ -i ~ ~ , ~~ , :~: t r ,!: 'v, s ~ _~ ~/ ~! ~~-~ -_ -rte ~ S ~.:' f' - i Ri ~~,. ___/"-~ Figure 23: Reconfigured Children's Plaza TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM West Meadow Drive, East Meadow Drive, & Village Core ' pedestrian traffic of Gore Creek Drive. The vehicular access to the Gasthof Grammshammer parking garage will 1 be rerouted to the eastern side of the plaza to accommodate additional seating and activity areas within the plaza. (Figures 23, 24) _ _ __ Figure 24: Cascading Fountain at Children's Plaza Page 43 o aIµ The final design proposes to remove the existing steps, 4. Along Gore Creek Drive in front of the Lodge at Vail, ~ stone walls, and handrails along the Lodge at Vail the Plan suggests removing as much of the existing ; Promenade shops. The adjacent section of Gore Creek rock wall that separates the sidewalk from the street as possible, replacing it with steps. , Drive will be reconstruction and graded to eliminate the need for steps and retaining walls. ~, 5. Planters have been suggested at the present i Checkpoint Charlie location. The landscaping should ~ be designed to allow for possible performances by street musicians and other artists. Initially, Checkpoint Charlie will remain as it is. Discussions ensued to relocate it to the intersection of Vail Road and Willow Bridge Road; however, the relocation will largely depend on the design of the Front Door project. If relocated, the existing planter can be removed and replaced with an architectural landmark creating a visual connection with Bridge Street and East Meadow Drive and provide additional performance and display opportunities .. ~~ti~.:~ x ~~ ~ ~ ~ ~ 3 ~~~, ~ is ~~T ~~~' ~~t~rn~rk Ladg~ ~ -- ~tMC._ ® ~ ~l l J ® " Figure 25: Relocated - ~ ,_r.fi~_ ,~ .~ . , , ~ ~ ~ '.~ ~~ ,~-.}~ Lodge ~: ~11-~- .~ t ~ ~lr ,J:,,GA ~~X. 1 ,e•l' .~y7 ~~ 1l P~ ~~' 1 4 f- 1 s y~ e'J'"' 'Er ~'~ Charlie ~ fT .sir . ' } i -r_~ ' t ~ - I,r .~ .tr Lodge at Va~~ ,'~ 26: West Gore Creek Drive TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM West Meadow Drive, East Meadow Drive, & Village Core Page 44 L ~ ~ ° ~ ~ , ' p p~ :: t ` il3Yir~ ~ I h ~ , I !(~.~~c: v: r~ ~nl: t-a9r..r:, The final design proposes two viable opportunities for public restrooms within the Village Core: a. A freestanding public restroom could be located 6. Public restrooms are needed in the Village Core. As ~ at the northeast corner of the international bridge there are no viable locations to construct a new facility, ~ on a Town owned parcel. This site would require it may be possible to incorporate a public restroom into ! an architecturally sensitive solution that an existing building. incorporates elements of the bridge design into the facility. b. 'The second location is near the intersection at Mill Creek and Gore Creek Drive. 7. The selection of wood benches has established a style and material that should be carried through to the other site furnishings. Trash receptacles, bicycle racks, and newspaper dispensers should coordinate with the wood benches. The final design proposes replacement of the existing trash receptacles, bicycle racks, and newspaper dispensers with more update furnishings that are consistent with the final palette of materials. The existing benches would be retained and are incorporated into the 8. Tree grates are recommended for street trees when they '. are used in an urban setting. The final design removes tree grates and guards throughout the Village Core. The mountain environment tends to present challenges to maintaining healthy street trees in more urban settings. The project team has recommended a more flexible solution creating small planters at the base of each street tree to allow better root growth and provide additional landscape opportunities. TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM ® West Meadow Drive, East Meadow Drive, & Village Core Page 45 ._ _! ® I ~s? ~Gku o u a ' . 9. The night lighting for the Village Core should be , varied and carefully planned. The master plan shows one possible approach to creating the appropriate level of lighting for the Village core area using a ' variety of light sources. , 10. Permanent planters, seasonal planters (some with j ~' street trees), and hanging baskets on Iight poles are recommended as ways to add seasonal color in the landscape. moo' Il~ The final design adjusts the number of light fixtures in many areas of the Village Core to balance the light levels in the pedestrian areas. The final design modifies Figure 25 from the Master Plan slightly to achieve this desired balance. In addition, the consultant team has recommended comprehensive lighting guidelines for the Village Core. The design recommends seasonal landscape color be added through additional permanent planters, moveable container plantings, and hanging baskets. ~~ TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM ® West Meadow Drive, East Meadow Drive, & Village Core Page 46 ^ ^ ~~l~ln~n®>ms ~® ~l~e Ivl[~s~~~ I['lla>m New opportunities for pedestrian and other streetscape character enhancements were discovered during the design dialogue process. East Gore Creek Drive Gore Creek Promenade East of Mill Creek, a pedestrian walkway is proposed to Vail Valley Drive and creates safe pedestrian connections and improves the visibility and access to Ted Kindel Park. A visual stream connection from Children s Fountain Plaza, Wall Street, and Founders' Plaza is proposed. A potential connection could include Pirate Ship Park and Vail Resort's Front Door project. Natural water from Mill Creek was investigated and deemed not feasible. Wall Street Figure 27: Wall Street Water Feature The final design proposes a series of cascading water features connecting Founder's Plaza to Children's Fountain Plaza and potentially a connection through Gore Creek Promenade Park to Gore Creek. The water feature begins in Founder's Plaza proceeding north through Wall Street and connects to the Children s Fountain. The water feature includes a variety of stone pools and falls intended to mimic a mountain stream. In conjunction with the fountain, the Wall Street planters and steps are reconfigured to improve retail visibility and accessibility and encourage additional gathering opportunities. ig TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM West Meadow Drive, East Meadow Drive, & Village Core Page 47 Figure 28: Wall Street n ® Founders' Plaza Hanson Ranch Road ^ In addition to the water feature connecting to Wall Street, Founders' Plaza is reconfigured to expand landscape areas and provide additional gathering opportunities. A small sculpture playground is proposed within the landscape area and provides a safe opportunity for children to play. The sculptural play pieces will be coordinated with the Town of Vail AIPP Board. The final design recommends removal of the existing popcorn wagon and a permanent popcorn gazebo to be constructed. The new popcorn `gazebo' will include an adjacent seating area and will incorporate the existing newspaper racks. A necessary culvert replacement at Mill Creek allows for the opportunity to create a celebrated entrance to the Village ~`~ - ~, .~ ," --"--~. -~--~-~----,_;~~~r" Core. Stone, ornamental railings, landscape, and lighting features are used to highlight this ~ ':',~°'~ ~ ~~~ important gateway to the Village. ~ ~ „ The south terrace of Mill Creek t-- ;~ , /:~~~~ Court Buildin and entrance to ~ ~ ~ - Ted Kindel Park is reconfigured to . ~~ ~~; , improve access and visibility. East , ,~` ,' , ~ ~ : ~ , tom, of Mill Creek a pedestrian ~ ~ ~ :^~ {% ~/ walkway is proposed to Vail -'~ ' Valle Drive creatin safe -~, ~''A %., Y g ~ ,~ ~ i pedestrian connections to and ~ ' ~ `'` ~~ ., - ~ _, , ~ from the Village Core. The i ~~`' , ;,,~~--;--`^~~ -~ ~ j{ I improvements to the P3 & J chute ~ ~~~ ~`} `'~ ~ ; ~. '~ ~: include a pedestrian walkway and ~ ~ ~ "~~;~ paving upgrade aimed at :~ l "~ ~~ . providing safer pedestrian and ~ /~ - --~ ~. ~ vehicular connections. Figure 29: Hanson Ranch Road Pedestrian Connections TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM ® West Meadow Drive, East Meadow Drive, & Village Core Page 48 1, ® West Gore Creek Drive (Current Checkpoint Charlie) ^ ^ Willow Bridge Road During the planning process, the relocation of Checkpoint Charlie was discussed at length. Relocation depends on the the roadway configuration at the Front Door project. If Checkpoint Charlie is relocated, the final design could be a performance and display opportunity at the west end of Gore Creek Drive. The plaza will be highlight by an architectural landmark or art component the will become a focal point for the Village Core and provides a great opportunity to create both visual and physical connections to Bridge Street and Meadow Drive. The landmark will be surrounding by a series of stone walls and steps, which create a performance and gathering spaces at this crucial juncture within the Village. ~ .,, :,. ~. ,~, s ~ ~ ~~ ~`~~ ~;`, nh`~~. ,~d,t +', ~ , . p ,~ ~ l "'i i r i' x!111 ~.~ ~ 4 ~ ~ i! ~f J~;v~~r,~, r, ~~~~`~ ~ ~~,. ~, : ~~. -,~, . ,~ .~ ~.~ ...~- . ~: ~. ~,. t~~ Figure 30: West Gore Creek Drive Performance F~ Gathering Bicycle and pedestrian connections are proposed at the new checkpoint location connecting to the Vail Valley Trail and the remainder of the Village. TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM ® West Meadow Drive, East Meadow Drive, & Village Core Page 49 ~J c~t~T~~~~,~~T~~ ~~~ ~~~~~ ~, ~J~~~~ A'd'o ~~~'~ ~bTI~T~~~I~i~~~, A~T~ ILg~~'~'~I~~ ~~ml~r~fl I~[at~>ri~fl ~pe~ifi~ati®ns All materials and equipment proposed for use in streetscape improvements should . be of low maintenance, have a long life.span, and are durable so as to avoid costly maintenance. Material and equipment specifications should be structured to assure that comparative analysis among choices includes initial cost, installation cost, operating and maintenance costs, and selection should be based upon the overall minimum cost. All materials and equipment should be accompanied with manufacturers' operating and maintenance information. Construction administration specifications should include both a quality control program administered by the installer and a quality assurance program administered by the . Town. Installation of materials and equipment should follow all guidelines specified by the manufacturer. ]P~vi>m~ ~yste>r>~s The 1991 Streetscape Master Plan references paving treatments in 3 categories: ^ ~ Field pavements within the right-of-way o Accent pavement . o Private area pavement . Field pavement is recommended as a basic herringbone design with double soldier courses along right-of way lines and as perpendicular bands along the length of the street. The pavement material is recommended as rectangular concrete unit pavers i on a gravel or concrete base. Colors are a mixture of gray, red, and brown. Accent pavement types referenced include granite sets or units, sandstone, other shapes of concrete unit pavers, and brick (clay) pavers. These pavement types are intended to be used on a limited basis at key intersections and plazas. TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM ® West Meadow Drive, East Meadow Drive, & Village Core Page 50 i Field Pavers j` '~ ~ R i ~ ' ~ '~'~ ~ ~ ~' t -- 1 ~~-~ -~ ~~ I Pavement within private areas (outside of right-of-way) is recommended as concrete unit pavers in rectangular or square shapes used individually or in combination. Changes to pavement types under Final Design include the addition of more variety into the pavement types recommended. The following pavement types are recommended to be included in addition to those referenced above. Concrete unit pavers with tumbled edges are recommended to create a softer, worn effect in the pavement. This cobbled European style is consistent with the Tyrolean traditions of the Vail Village. Four to five styles of rectangular and square patterns will help to develop subtle distinctions between various areas with the Village. The colors are recommended to be consistent with those referenced above. 1 1 ~ y.~ /'~y.y~hLy~~1fi ~y`g~ ~ ~,vg~~+~~~~~r~~y~~~;!6 r ~, ~ -~r .tom r°' ~ ~~ '4~ ~' ~ ~,,;. Figure 31: Field paver examples TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM West Meadow Drive, East Meadow Drive, & Village Core Page 51 ^ Transit Paving ®rnamental Paving Rumble Strip Paving The specific material has not been identified. Considerations include a concrete slab, large size concrete or asphalt pavers.. ~_ ~ '~ Figure 32: Transit paver examples Detailed paving patterns of varying materials integrated into the field pavement as an art element. Square concrete unit pavers with a fractured surface (resembling granite sets) of a contracting color intended to direct pedestrians away from the back of head-in parking spaces. TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM West Meadow Drive, East Meadow Drive, & Village Core Page 52 ^ ^ ^ ~Il~~ ~llA>r']Cfl]lS~IiIL]Cb~~ The final design proposes replacement of the existing trash receptacles, bicycle racks, and newspaper dispensers with more update furnishings that are consistent with the Bavarian theme of the Village Core. The existing benches would be retained and are incorporated into the existing design. Trash receptacles Trash receptacle styles include bear-proof and non bear-proof. Cigarette disposal provided. Bear-Proof Model (Also available in solid color) .~ ~~°~~~ / '.. ~u~m° 1 Figure 33: Trash receptacle examples TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM West Meadow Drive, East Meadow Drive, & Village Core Page 53 Benches The current streetscape design for those which are not integrated art elements remain unchanged. More benches should be out year-round in sun pockets and gathering spaces. Conceptual Seating Figure 34: Bench seating examples TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM West Meadow Drive, East Meadow Drive, & Village Core Page 54 Current Village Benches [- ® Tables and chairs newspaper cabinets Tree grates i Bike racks Add to public plaza spaces, some with umbrellas to encourage people to linger and provide additional informal outdoor dining opportunities. ;P,;- ,,. __ r ~ ~~, ~.. ~ ~' ~ _. ~ :~ _ -- !! (( _~ - - '. -- -- ~ - ~ ,i ~.-,-, ,ICI _ ~_a~,ky~~- h r~ , 1 ~~ - - ~ ~~ yy~ ~'~I X4,4, II I+ ' ~ ~~~ ~ ~ 1 -,~ . ~~ ~~ - - - - Figure 35: Table and chairs examples Combination bike/ski/snowboard racks similar to those in use in Beaver Creek are under investigation. Retain the existing locations and management system to the fullest extent possible. Look for ways to improve design and durability of newspaper cabinets and clusters. The final design removes tree grates and guards throughout the Village Core. The mountain environment tends to present challenges to maintaining healthy street trees in more urban settings. The project team has recommended a more flexible solution creating small planters at the base of each street tree to allow better root growth and provide additional landscape opportunities. TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM ® West Meadow Drive, East Meadow Drive, & Village Core Page 55 a ® Miscellaneous o Entrance to East Meadow Drive. Create entrance statement to East Meadow Drive at Vail Road. Consideration should also be given to assuring a natural flow between East and West Meadow Drive, with the intent of providing a good ® connection between the Village area and Lionshead. o Bulletin board/kiosks -Provide bulletin boards and kiosks in accordance with . the Wayfinding Plan o Banners and Flags -Add 1 to 2 additional special event banner locations within ® the Village Core and Meadow Drive areas. Selectively place banners on buildings and light poles to add color and movement to the streetscape. ^ o Seasonal decor -Seasonal decor utilities are to be placed in strategic locations for special events and holiday decoration. o Audio equipment and wiring are to be placed in strategic locations for special . events. o Security equipment will be added to assist the Vail Police Department. ^ TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM ® West Meadow Drive, East Meadow Drive, & Village Core Page 56 ® ~~fl~~ll~ ~'~ ® The following section contains excerpts from the 2001 Art in Public Places Strategic Plan which apply directly to streetscape projects. The AIPP Strategic Plan is ® included by reference in this addendum. The Town of Vail's Art In Public Places (AIPP) program was officially adopted ^ in1992 to "promote and encourage the development and public awareness of fine arts." The ordinance adopting the AIPP program and establishing an AIPP Board was based on the Art in Public Places program Policies and Guidelines adopted in ® July of 1989. The AIPP Board and the AIPP program were further refined in1996 establishing the eleven-member AIPP Board, as it exists today. The AIPP program Policies and Guidelines describe the process and criteria to be used to evaluate potential public art pieces and projects. The current AIPP program focuses largely on commissioning art pieces for specific locations within the community and providing for the placement throughout the Town of temporary art sculptures on loan from galleries. Site-Integrated Art One of the major focal areas of the Plan is site-integrated art, which provides for the incorporation of public art in public and private areas throughout the Town. This plan is ultimately intended to promote public art in the Town of Vail. The aesthetic character of the built environment is largely shaped by necessity. ® Artistic elements incorporated in the design of public spaces gives the Town the opportunity to build whimsical streetscapes while at the same time making the . spaces functional, otherwise known as "place-making." This approach, consistent with national trends in public art, is termed site-integrated ^ public art, which is the creation of art through common everyday public improvements. Site-integrated art is the process of integrating creative and artful TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM West Meadow Drive, East Meadow Drive, & Village Core Page 57 ^ ^ features into such things as paving, sidewalks, public benches, lampposts, gates, and landscape features. ,: ~ ,~.`~ au .- c ~ ~ r~ ~~ ~PS~'~l i ~~ ~ ~,; ..~.m. ~~Cn -~= ~ ~,, ~ ~" , ~ ~~~~~i t. 2 :~ ~ ~ . r„ ~~ s..''-~ae4'~6 her w~ ~; ~.4 T ap,..M- a~ ~~ _ ~ o T a ~~ as ~ ~ ~ R. _.T tro :: r _, ~ # " ~~ ~ ~n ~" " k r ~' ~.~ " ~, , ~~~1Y~I 'rii~~ '-~',+' 'ac`t ~G.ry-~'s~,a+~s ~{y ~ `." ~ -`i ~ $r ,,-~ 4 &r~7`a.~' ~,Ili~ '~" $ ~ 5 c ~ ~ ~ ~~ x~. ~ ~ fit' ~ ~ ~ ~'M J~ ~ ~~ dC~ et~I~~ li 4~'~ ~'' ~ 7 _ 71' i it ~ ~ - it i .+~' x ~~ i ~ '4 ..q ~} ,,,~..,,1 _ r., 1. ~ J ti~ii u~~~: ~y r.re~e +TY~~N~'11~~CR:al1'E _ w _ . _1~?a: -: ~~ I ~c~ is n ~;}t ~~ ~ ~, y. ~ ~ 1 Figure 36: Example ofsite-integrated art The following is a broad list of places and ideas for integrating public art. This list emerged from site visits, feedback from the local focus groups and meetings with town staff, the Design Review Board, the Planning and Environmental Commission, and the Town Council. TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM ® West Meadow Drive, East Meadow Drive, & Village Core Page 58 i Paving The 1991 Town of Vail Streetscape Master Plan recognizes and addresses the importance of quality hardscape in Vail. This plan calls for a continuity of surfaces throughout town. Exceptions to this standard paving are special areas designed to prevent monotony and create accent. These accent areas are where creative designers can best contribute. The introduction of artwork in the pavement, use of varied paving materials, color and texture are simple ways to create a special feeling about our environment without the vertical space commonly needed for art. Because the climate and snow removal are so destructive to hardscape surfacing integrated art paving requires rigorous material selection and thoughtful application. ~tti „/ ~u ^ t { ,. 4 •~ i ++. Possible areas of focus: ~'a.~ - Q' Ca A - ~ 'e . f _ 4 I ~ ~ 5~ _ .. r~ _ . . ~~ ~~ ~~ ~~ ~~ _ ~ cL f ~ ~ W^ ~ ~+5'.~ a .,~.7 'sit"~`k.'.'d~s+ ~ ., ~=`-~'`"f ~" a-'~ ~ jet S~~L .~~ ~'~~ i ~ v /~ f w *- r - [~ i.F may. ~°.n. y y .,~ ~ ~~ `a~', n~ Figure 37: Incorporation of art in paving examples o The pedestrian connection between Lionshead and Vail Village o Main core areas of the Town o Major intersections TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM West Meadow Drive, East Meadow Drive, & Village Core Page 59 ® Seating i ^ Seating plays an important role by providing places for people to pause, gather, rest and take in the view. As seating areas are created, the Town has the opportunity to provide artistically inspired seating that is compatible with the natural setting, unique, memorable, and even whimsical. ~' ~ ...q ~ ~ N~ ~ n ! f ~ ~ 1 _ - _ «un~ ..,~~ r - ~ °- Figure 38: Creative seating examples Possible areas of focus: Along major pedestrian corridors and activity areas within the Lionshead and Vail Village core areas Public plazas Bus stops Pedestrian Bridges Public parks Along recreational paths and at trailheads TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM ® West Meadow Drive, East Meadow Drive, & Village Core Page 60 ® Landmarks and Portals ^ A landmark is a significant architectural element that visitors to Vail can identify and remember. Landmarks signify important points of entry, turning points, and critical intersections in the pedestrian network. Landmarks also identify destinations and serve as visual reference points. Landmarks and portals are integral to an overall wayfinding system. People tend to think of landmark features as buildings and structures, but they can also include plazas, intersections, fountains, works of art, and unique natural features. Site integrated art can help create landmark features by creating unique spaces and building improvements that people are able to easily identify and remember. Possible sites and opportunities for landmark improvements: Intersection of Vail Road and Meadow Drive o Major entries to Lionshead pedestrian mall o Vista Bahn ski yard o Intersection of Willow Bridge Road and East Meadow Drive (Crossroad's area) o Highway exits o Fountains, sculpture, and paving ~.:. <~ ~G~ ~` ~ ~ .~ ".~~ ~' ~~ , J ~4~ b ~' ~. 4 J~ ~ t ~ ~ :, ~l " Figure 39: Existing Clock Tower in Lionshead Temporary Public Art At present, fourteen exterior sites are available within Vail Village and Lionshead for the temporary display of artwork. Each site was carefully selected for its visibility and access to both visitors and residents of the Vail Valley. This program is designed to enrich the community and provide exposure to artists working within the sculptural realm. The selected artwork must exemplify commitment to quality and innovation. The Temporary Art Program was designed to create a mutually beneficial partnership TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM West Meadow Drive, East Meadow Drive, & Village Core Page 61 Private Development Projects between the Town of Vail and artists working both within and outside of the community. Figure 40: Examples of temporary public art Site-integrated art is not limited to public projects. The opportunity exists to have private landowners with proposed improvements adjacent to public spaces create unique and memorable streetscape improvements, landmark features, or other opportunities to place art on private property. As private development and TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM ® West Meadow Drive, East Meadow Drive, & Village Core Page 62 ~I ® redevelopment in Vail continues, there is the potential for public art opportunities to evolve from a partnership between the AIPP Board and private entities. Visual enhancements or works of art that may emerge from these developments may greatly contribute to our community's aesthetic and pedestrian experience and ® cultural awareness. When one considers the size and scale of the Town and its myriad of offerings, the boundary between public and private spaces is really a conceptual distinction not recognized by the typical observer. With this in mind, the Town and the AIPP Board should encourage developers and property owners to enhance private development with publicly viewed art in the form of site ® integration, landmark development, architectural enhancement, sculpture, and other techniques. ^ ^ TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM ® West Meadow Drive, East Meadow Drive, & Village Core Page 63 ® ~fl~~ll$1g1L~ ^ ^ Along with the Streetscape design, Vail Village has an opportunity to improve the nighttime atmosphere by providing uniform and less glaring lighting. This new lighting system is designed to achieve the following goals: Improve quality and color of light. Enrich the individual character of each area. Respect the "Bavarian Village" of Vail. o Reduce maintenance costs by providing energy efficient equipment. By using white-light sources and minimizing glare, this lighting system will enhance visibility. Introducing a few different lighting styles, this lighting system creates subtle contrast and variety to provide identity for each area. Keeping Vail's stylistic vision the light poles recreate the "Bavarian Village' image. The most successful lighting will be a combination of the new public lighting system and private lighting that washes the building facades. This way, the lighted facades create aback-drop for the Village. The current design uses energy efficient lamps with long-life operation (10,OOOhrs or more). To further reduce maintenance costs, Vail may consider using induction and LED lamp sources that have an operational life up to 100,OOOhrs. The LED and induction lamp options are more expensive initially, but only require re-lamping every 10 to 20 years. TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM ® West Meadow Drive, East Meadow Drive, & Village Core Page 64 ® Gore Creek Drive As the main thoroughfare for a mixture of pedestrian and vehicular traffic, Gore ® Creek Drive requires the highest light level and most uniform lighting distribution. The design of this area is very formal with Bavarian style lighting poles on both sides ® of the road. A luminous chimney within the luminaire emulates a traditional gas lantern with no additional lamps, therefore reducing maintenance and energy costs. ® Children's Fountain Plaza As a more dramatic and intimate area, this plaza has minimal lighting except within ® the fountain and at the entrances of the buildings in the plaza. Each water jet within the fountain is accented with a submerged up-light. The children s statues are set up on a pedestal above the water. Pedestal should include an internally illuminated lattice that will reflect light out to illuminate the fountain pool. Gore Creek Promenade Park ^ From the Children s Fountain Plaza, a pathway descends a stairway to Gore Creek Promenade. This stairway is illuminated with step-lights, leading to the Promenade that is lit with the Bavarian style pole mounted luminaires. Upper and Lower Bridge Street Destination points along this narrow street are sited with pole mounted luminaires, and seating areas are illuminated with over-head string lighting for a more festive . look. Lighting poles are intentionally minimized on this street because the narrow width will start to feel crowded. The close proximity of the lighted storefronts will provide ample lighting for a more intimate feeling than Gore Creek Drive. Enhancing the textured stone base of the seat walls, concealed lighting subtly grazes the stone and provides accent to help complete the composition. ^ Nall Street and Founders' Plaza String lighting provides a soft ambient light for the lower end of Wall Street. The waterfalls are accented with low wattage submergible up-lights. Leading to Founders' Plaza, the landings of the stairway are illuminated with low wattage step- lights. Concealed lighting beneath the stone wall capping enhances the texture of the TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM West Meadow Drive, East Meadow Drive, & Village Core Page 65 ® Hanson Ranch Road and the Chute, Willow Creek, and the Relocated Checkpoint Charlie stone and provides a soft, warm glow to the stairs. Within Founders' Plaza, a few lighting poles mark destination points, allowing the center of the square to have a subdued, calm ambience. Lighting poles continue from Gore Creek Drive to provide illumination for vehicular and pedestrian traffic. TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM ® West Meadow Drive, East Meadow Drive, & Village Core Page 66 I~[~cl~ang~all and ]Ellec~rgca~ systems L ® Mechanical Systems Overview Utility Services ^ snowmelt System ^ Proposed mechanical and electrical systems changes to the Village Core consist of adding a hydronic snowmelt system, re-circuiting/revising general use power receptacles, adding power accommodations for special events, utility accommodations for new and updated water features, and alterations to the existing street lighting. Where possible, provisions will be made to ease expansion of the system to include future areas indicated on the drawings. Upgraded domestic water services will be required for the public restroom on Wall Street and for new water feature(s). The existing domestic water service for the Children's fountain will be relocated to serve a new combined pump system for Wall Street and Children's Fountain water features. A new gas line, parallel to the existing line, will be routed from the existing service entry to the existing boiler room to accommodate the additional boiler(s). New gas services will be provided to new decorative gas features in the Village. Gas feature quantity, type and location are to be determined. These features will likely be few and of relatively small capacity. A gas fired hydronic snowmelting system will be installed in all areas of the Streetscape design. This system will be connected to and operated by the existing boiler plant located in the Village Parking Structure. This boiler plant will be modified and expanded with higher efficiency boilers to accommodate the increased demand and lower operating and maintenance costs. TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM ® West Meadow Drive, East Meadow Drive, & Village Core Page 67 v ® Electrical Services Existing electrical services will be consolidated and upgrade as necessary to ® accommodate new and relocated lighting fixtures and convenience outlets. Additional electrical service will be provided to accommodate special event ® requirements and for various holiday decor installations. This service will be located at several points within the Village and Meadow Drive including the following: ® o Existing Checkpoint Charlie Gore Creek Promenade o Children's Fountain ® o Intersection of Gore Creek Road and Bridge Street o Earl Eaton Plaza ® a Seibert Circle o Slifer Plaza o Intersection of Willow Bridge Road and East Meadow Drive Communications ^ Telephone service will be provided at the new Checkpoint Charlie location if necessary as well as the new Popcorn stand in Earl Eaton Plaza. Conduits and connections for the future installation of security system cameras will be provided at key locations throughout the Village and Meadow Drive. Final . locations and equipment will be determined by the Vail Police Department. Conduits and connections for the future installation of an audio /visual system will be provided at key locations throughout the Village and Meadow Drive. Final locations and equipment will be determined by the Vail Public Works Department with applicable merchant group input. TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM West Meadow Drive, East Meadow Drive, & Village Core Page 68 ~~S$g'®®>I~IlS Throughout the planning process, the need for additional restrooms was a continuing topic. The design team prepared a restroom location map (Figure 41) and showing that restrooms near the International Bridge and the intersection of Mill Creek and Gore Creek Drive provide the best options. Discussion with private developers is ongoing to determine the most appropriate unplementation of restrooms. Coverage symbol has an opproximate rodius of 300 fi. ~~~~ , ,., ail village PUBLIC RESTROOM COVERAGE DIAGRAM Figure 41: Restroom Coverage Diagram TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM West Meadow Drive, East Meadow Drive, & Village Core Page 69 ® 5'~']CZ]EE~'SCAI~E I~~SIGl~T Ilifl]~I~ElVIEl~TTA'TI®l~T Al~TI~ 1!/I1~IN'~'ElvAI~TCE ® This section will address recommendations for phased implementation of the Streetscape Master Plan Design as well as recommendations for maintenance of streetscape improvements. Portions of the discussion included in the addendum are ® excerpts from the original Streetscape Master Plan as many of the issues and recommendations remain active topics of discussion and involved in the decision making process. ~>t~~ll~>~enitaitg®>m Due to the scale of the Streetscape Master Plan, the proposed improvements will need to be implemented over a period of years. The Master Plan has been conceived ^ with phased construction in mind and this will allow the public and private sectors, and public utility providers, flexibility ` in planning the phasing of streetscape construction. • Several factors must be considered when determining the phasing sequence of construction. These include the following. o Public safety o Impacts to business and tourism Construction access across completed sections o Needs for utility, storm water, and other infrastructure upgrades o Timing and location of various private redevelopment initiatives ® Achieving the greatest impact to aesthetics and character Coordination of utility and infrastructure upgrades as well as installation of snowmelt supply and return mainlines is one of the determining factors involved in ® the phasing decision. Upgrades to utility systems normally require apoint-to-point approach. Making the connections between electrical transformers, sewer manholes, and other utility boxes is necessary to maintain continuous service and avoid TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM ® West Meadow Drive, East Meadow Drive, & Village Core Page 70 L reopening of completed sections of streetscape. Likewise, storm sewer lines and snowmelt system main lines are most efficiently installed from downstream to upstream for the same reasons. ® Private redevelopment initiatives are an important consideration for two reasons. First, they frequently require improvements for pedestrian circulation and vehicular access, and utility upgrades with the public right-of-way. These become triggers to initiate streetscape implementation. Secondly, private participation at various levels is necessary to provide the funding needed for implementation of the Streetscape ® Master Plan in accordance with Town Council policy. Implementation of the Streetscape Master Plan can not be accomplished without disruption and impact to businesses and residences in the area. Excavation and backfilling of deep and shallow utilities, stabilization of pavement subgrades, and construction of streetscape surfaces and features all require extensive use of equipment, materials, and labor to complete. The goal in implementing streetscape improvements is to minimize those construction impacts by balancing construction . efficiency with public access needs during periods of higher business activity. The following construction sequence scenario is the recommended approach to streetscape implementation. o Begin construction preparation work such as utility locates, surveying, and equipment mobilization during the last 2 weeks of the ski season. o At the end of ski season begin as much subsurface utility and infrastructure work as can be completed prior to the middle of June. Install final sub-slab and . temporary surface pavement. Discontinue major construction activity between mid-June and mid-August. . o Remobilizing in mid-August, remove temporary surface pavement and install snowmelt system tubing, and final streetscape improvements in areas where utility work was completed in the spring. Concurrently, on the next streetscape ® section, begin as much subsurface utility and infrastructure work as can be completed prior to the middle of November. TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM ® West Meadow Drive, East Meadow Drive, & Village Core Page 71 • Discontinue construction activity between mid-November and the end of the following ski season. • Restart the sequence of finish work and subsurface work the following the end of the ski season. The following figures represent the recommended streetscape implementation phases for the first two years of construction. It will be necessary to review the process and make any necessary sequencing and phasing adjustments following the first year's construction activity. ~ b ~~ .~ ~~ ~ l ; i ~I ~ l LEGEND ~ Z .~ ~, ~ I t. ~ i it •. NSiiilFLi 6iN .. ~ ~ .,,,t.. i.'I I ~ ..~ J iR I ti ~ ~~ I Y ' I ~ ~` I ~ _ V I I~ - ~ ~ / V - ~ I i\', i' ' r hEE ItiLnFE r ~VF1E ~E~_i~>h Sr kEE iEt;ME ~~ r r i ~~ IZ ~. ~ . ~ ,]G. :owsrr eaio~E Sr~E. - -,~ .:~ iLr ~. '.. '"eeln ~o~~coeas I:EUn - LEGEND _ ,. Ub- C ~ ~Jrv~raucnE ui~..~ ;f.iIJN ~'~ HEE iS'(.AVE V;ni . n., ~: SPRING 2004 CONSTRUCTION ,,,,v,;lE SecrL.h,,raEEr,cnvE ---G~ FALL 201ia CONS7RU~~TIOI~J Figure 42: Proposed streetscape Phasing 2004 TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM West Meadow Drive, East Meadow Drive, & Village Core Page 72 LEGEND. ~ AFk 1 - I' l r ~! Li irk rlti i~t.AY V ,.,, P .-. ~ ' ~ 1 ~ ... - ~~~r~~ ~ ('.1.: in SPRING 2005 CONSTRUCT 0• I<,kA.~N~ REOEVE wGMENi ,~w .w, WEST FIEnL»YU DRIVE _, ' - c... i LI6AU~n'u UHrvk tiN EN k k E Nlr" /Ub It- tlE kl~ W. ~ hkNn,r FE Cc/L. -r'McN - ' ~ f` ~ I .. < LEGEND ~. ~nI ASE / ~ ~ ~ ~ ~ .. ` .. ~ n _ S'RUt;livN ... .. -UCTiUN EiS(:AVE 1~_, ~• , ~._~ ~~ RE ~ AiE ' ; ~ ...L SEUiUF E1REEiSC r~AF, i AFE .:nE 'V Ni t i ~_-~ ~•_. 1 H JNI~I~:r~ RE ~E'~E_~VMENt ~.. .,,. h . ~.. 1 ~ ~ r nANSlSN RANl11 ROA >iREEi>cgv R~p.r c.AHrtiN f~ E U „ ~~ ~ '~ SIR'u~i.~RE 10 I Wui i NkIH Vk LUFMEIU 5 i ... .~~~ .~ . -_ Gil FALL 2005 CONSTRUCTION Figure 43: Proposed Streetscape Phasing 2005 TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM West Meadow Drive, East Meadow Drive, & Village Core Page 73 ~tre~trs~~p~ l~/[ag><atenanc~ ® Snow and ice removal ^ i ^ This Streetscape Master Plan Addendum strongly recommends installation of a mechanical snowmelt system in all pedestrian areas for the following reasons: o Increased pedestrian safety o Improved visitor experience Reduction of noise o Reduction of required snow storage areas Increase life expectancy of pavement surfaces The cost of operating and maintaining agas-fired snowmelt system is equivalent to the current cost of plowing and hauling snow in the Village Core area resulting in improved pedestrian area conditions without increased cost to the Town. Gas-fired boilers require routine, annual servicing by trained maintenance specialists. The Towri s building maintenance staff includes trained maintenance specialists at this time. As the quantity of boiler and mechanical systems increase maintenance managers should continue to assess and compare the cost of in-house and contracted maintenance services. The Town of Vail Snow and Ice Control Plan should be updated to include an emergency plan in the event of a full or partial snowmelt system failure. snowmelt system failure may result from a disruption of electrical or natural gas service to the mechanical system or physical damage to the snowmelt system itself. The Village Transportation Structure, which houses the mechanical system, has emergency backup electrical generators which are maintained and replaced at scheduled intervals. These generators will provide electrical service in the event of a power failure. In the event of a snowmelt system failure, an emergency plan will prepare managers in mobilizing staff, contractors, and implementing the incident command system already in place. TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM ® West Meadow Drive, East Meadow Drive, & Village Core Page 74 Other electrical and mechanical systems Street 1Vlaintenance Sweeping and washing pavement surfaces ^ Cleaning spills The Streetscape Master Plan Addendum includes additional street lights and specialty lighting, audio-visual system wiring and equipment, and additional fountains and water features. The Towri s building maintenance staff includes trained electricians and maintenance specialists at this time. As the quantity and types of electrical, communication, and plumbing systems increase maintenance managers should continue to assess and compare the cost of in-house and contracted maintenance services. Daily hand sweeping of streets and pedestrian areas and litter pick up will increase slightly in the winter months. Dirt and debris which was previously removed with regular snow plowing will remain on snowmelted streets. The additional staff time required to perform this work has been included in the snowmelt system operating cost evaluation. snowmelted surfaces will also allow year round operation of street sweeping equipment resulting in increased cleanliness and consistency. Spills and staining of pavement surfaces is a frequent occurrence year round in the Village Core area. Delivery vehicles, trash trucks, and construction equipment often leak oil and other engine fluids on the pavement surface. Fluids which leak from trash dumpsters and unlined trash truck beds are a significant and smelly source of pavement spills and staining. Maintenance crews also encounter spilled body fluids and excrement on a regular basis. The first step in dealing with pavement spills and staining is prevention. Relocation of some or all of loading and delivery traffic in the Village Core area to the Vail Resorts Front Door Project will reduce the amount of engine oils and fluids leaked on to the pavement. It is recommended to initiate a requirement for all trash trucks and construction equipment entering the Village Core area to be equipped with leak containment devices. Disney Corporation has successfully implemented this requirement in all their theme parks. It is also TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM ® West Meadow Drive, East Meadow Drive, & Village Core Page 75 a recommended that trash collection services be moved outside of the Village Core area or trash trucks and dumpsters be required to fully lined to prevent leakage. For those leaks and spills which can not be prevented, cleaning and materials and equipment should be placed in key locations around the Village Core area to be readily accessible to maintenance crews. Spills should be contained and cleaned as quickly as possible to minimize damage to pavement services and to not affect the visitor experience. Pavement surfaces should be sealed and protected on a regular basis according to pavement manufacture recommendations. Routine sealing will ^ help prevent spills from soaking in and permanently damaging pavement surfaces. Protecting wood surfaces . Wood surfaces such as benches, trash receptacles, newspaper cabinets and bike/ski racks should be maintained on a regular basis. Cleaning, sanding, and treating with a penetrating, waterproofing, and UV protecting material annually will increase the . life and improve the appearance of wood surfaces. ^ Landscape maintenance Currently the level of landscape treatment and maintenance in the Village Core area varies between one property owner and another. It is recommended the level of . consistency in the landscape be increased to a level appropriate to the status of Vail Village. This may be accomplished in several ways. One way is to have the Town pr . special district take over all planting and maintenance of landscape areas in the Village Core area. This would provide a high level of landscape treatment but would require financial participation from private property owners due to . additional costs involved. A second way may be to provide assistance to private property owners in the form of uniform plant selection, maintenance tips and . techniques, and professional advice. Encouragement and peer pressure from the Town and adjacent properties will help provide the impetus to maintain a high level of landscape treatment throughout Village Core area. Urban forestry has been an aspect of landscape maintenance that has not received as much attention as it possibly should have in the past. Recently, the Town has started TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM West Meadow Drive, East Meadow Drive, & Village Core Page 76 ~tlr~et~~~p~ l~i[agntenance ® Snow and ice removal ^ This Streetscape Master Plan Addendum strongly recommends installation of a mechanical snowmelt system in all pedestrian areas for the following reasons: o Increased pedestrian safety o Improved visitor experience o Reduction of noise o Reduction of required snow storage areas o Increase life expectancy of pavement surfaces The cost of operating and maintaining agas-fired snowmelt system is equivalent to the current cost of plowing and hauling snow in the Village Core area resulting in improved pedestrian area conditions without increased cost to the Town. Gas-fired boilers require routine, annual servicing by trained maintenance specialists. The Town's building maintenance staff includes trained maintenance specialists at this time. As the quantity of boiler and mechanical systems increase maintenance managers should continue to assess and compare the cost of in-house and contracted maintenance services. The Town of Vail Snow and Ice Control Plan should be updated to include an emergency plan in the event of a full or partial snowmelt system failure. snowmelt system failure may result from a disruption of electrical or natural gas service to the mechanical system or physical damage to the snowmelt system itself. The Village Transportation Structure, which houses the mechanical system, has emergency backup electrical generators which are maintained and replaced at scheduled intervals. These generators will provide electrical service in the event of a power failure. In the event of a snowmelt system failure, an emergency plan will prepare managers in mobilizing staff, contractors, and implementing the incident command system already in place. TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM ® West Meadow Drive, East Meadow Drive, & Village Core Page 74 Other electrical and mechanical systems r-~ -1 Street 1Vlaintenance Sweeping and washing pavement surfaces ^ Cleaning spills ^ The Streetscape Master Plan Addendum includes additional street lights and specialty lighting, audio-visual system wiring and equipment, and additional fountains and water features. The Towri s building maintenance staff includes trained electricians and maintenance specialists at this time. As the quantity and types of electrical, communication, and plumbing systems increase maintenance managers should continue to assess and compare the cost of in-house and contracted maintenance services. Daily hand sweeping of streets and pedestrian areas and litter pick up will increase slightly in the winter months. Dirt and debris which was previously removed with regular snow plowing will remain on snowmelted streets. The additional staff time required to perform this work has been included in the snowmelt system operating cost evaluation. snowmelted surfaces will also allow year round operation of street sweeping equipment resulting in increased cleanliness and consistency. Spills and staining of pavement surfaces is a frequent occurrence year round in the Village Core area. Delivery vehicles, trash trucks, and construction equipment often leak oil and other engine fluids on the pavement surface. Fluids which leak from trash dumpsters and unlined trash truck beds are a significant and smelly source of pavement spills and staining. Maintenance crews also encounter spilled body fluids and excrement on a regular basis. The first step in dealing with pavement spills and staining is prevention. Relocation of some or all of loading and delivery traffic in the Village Core area to the Vail Resorts Front Door Project will reduce the amount of engine oils and fluids leaked on to the pavement. It is recommended to initiate a requirement for all trash trucks and construction equipment entering the Village Core area to be equipped with leak containment devices. Disney Corporation has successfully implemented this requirement in all their theme parks. It is also TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM ® West Meadow Drive, East Meadow Drive, & Village Core Page 75 ® recommended that trash collection services be moved outside of the Village Core area or trash trucks and dumpsters be required to fully lined to prevent leakage. For those leaks and spills which can not be prevented, cleaning and materials and ® equipment should be placed in key locations around the Village Core area to be readily accessible to maintenance crews. Spills should be contained and cleaned as quickly as possible to minimize damage to pavement services and to not affect the visitor experience. Pavement surfaces should be sealed and protected on a regular basis according to pavement manufacture recommendations. Routine sealing will ® help prevent spills from soaking in and permanently damaging pavement surfaces. Protecting wood surfaces . Wood surfaces such as benches, trash receptacles, newspaper cabinets and bike/ski racks should be maintained on a regular basis. Cleaning, sanding, and treating with a penetrating, waterproofing, and UV protecting material annually will increase the . life and improve the appearance of wood surfaces. Landscape maintenance Currently the level of landscape treatment and maintenance in the Village Core area varies between one property owner and another. It is recommended the level of . consistency in the landscape be increased to a level appropriate to the status of Vail Village. This may be accomplished in several ways. One way is to have the Town pr special district take over all planting and maintenance of landscape areas in the Village Core area. This would provide a high level of landscape treatment but would require financial participation from private property owners due to ^ additional costs involved. A second way may be to provide assistance to private property owners in the form of uniform plant selection, maintenance tips and ^ techniques, and professional advice. Encouragement and peer pressure from the Town and adjacent properties will help provide the impetus to maintain a high level of landscape treatment throughout Village Core area. Urban forestry has been an aspect of landscape maintenance that has not received as much attention as it possibly should have in the past. Recently, the Town has started TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM ® West Meadow Drive, East Meadow Drive, & Village Core Page 76 ^ and inventory of significant trees on Town property. This is a good first step toward implementing an Urban Forestry program. Trees are an important element of the overall streetscape plan. They add character, provide shade, screen or frame views, and generally improve the aesthetics of the area. If not properly, selected, placed, and maintained they can also block shop windows and store fronts, impede traffic circulation, and create safety problems. There has been an increase in tree diseases and insect infestations in the Vail Valley over the past several years. An urban ® forestry program would help to identify and prepare for these problems before they can become a serious threat to Vail's tree population. ~' ^ a ^ ^ a a TOWN OF VAIL STREETSCAPE MASTER PLAN ADDENDUM ® West Meadow Drive, East Meadow Drive, & Village Core Page 77 The future of public higher education - Todd Engdahl, Perspective Editor Sunday, April 4, 2004 www denverpostcorn/apinion ~ TIC D>:wv>;R Posr ~ section E -~ ~ ,s 1 i J :, olorado is not alone. Much breath has been spent and ink has been spilled in the last few years bemoaning the woes of our public colleges and universities as state tax support has shTUnk. At the same time, students and parents have worried about their own bank accounts as tuition rose and headlines warned of even bigger hikes in the future. A familiar list of villains gets the blame: the recent economic downturn, legislative tax cuts and constitutional conflicts that limit state revenues while mandating annual increases in K-12 education. But, the college ft}nding squeeze isn't just Colorado's. problem, and it's not something that's popped up only in the last few years. State universities in Ohio, South Carolina, Virginia and ~'Visconsin, among others, are wrestling with the same problems. University of Colorado official Steven T. Golding discusses national trends that have been underway for decades in his Perspective article today. The word "privatization" is used increasingly in discussions about the prob- lem. It's acatch-all term that usually refers to cutting state colleges loose ,\ PER~PEC~.~~"~ from state government rules and legislative control to find their own way financially -including setting tuition as they see fit. Proposals to loosen statehouse-campus ties are under discussion in Colorado and other states. The debate is important to snore than the administrators and professors who spend the money and the parents and students ~vho pay it. As University of Colorado law dean David Getches notes in his article, higher education is an issue of national importance. So all citizens, even if they don't have kids in college, need to focus on the problem. Katherine C. Lyall, president of the University of ~'Visconsin system, quoted in The Chronicle of Higher Education last October, summed up the dilemma of conflicting public desires: - "They want high access, low tuition, top quality, and no tax increases to pay for it." What do you think? Send us a letter, and we'll publish a selection in next Sunday's Perspective. Detailed information about contacting us is on page 2E. ~~ ; r'^6(~~tu~. American schools tops, at least for now By David H. Getches NewsArt /Tim Brintoa By Steven T. Golding At no time in its history has public higher educa- tion received such vast press coverage. The reason for the media's intense interest is it that public higher education may soon be extinct. Diminishing state support for public higher edu- cation may permanently change that system as we know it today. - For the first time since 1993, The Chronicle of Higher Education recently reported, state support for public higher education fell in the aggregate $1.3 billion for fiscal year 2003-04. A study by Post- secondary Education Opportunity, an online educa- tion newsletter (www.postsecondary.org), found state investment in higher education fell by $3.36 per $1,000 of state personal income since 1976, rep- resenting areduction in state investment in higher education of 64.4 percent, or $33.4 billion in 2004 dollars. Given the recent state of the national economy, annual reductions in state spending have become commonplace. Higher education is more vulnera- ble than other state agencies. It has traditionally been used to balance state budgets during periods of economic downturn. What is more disconcerting is the 30-year trend of reduced state investment for what is arguably this country's greatest resource and global competitive advantage. The root cause of this disinvestment in public higher education is the tremendous public pressure to reduce the size of state government. This pres- sure has led to constitutional and statutory limita- tions on state spending and tax revenues. Changing national demographics and federal mandates have precipitated demands for new services and forced the reallocation of limited state discretionary fund- ing. Competing priorities - in the areas of correc- tions, preventive health care and K-12 education, among others -has Left higher education with a decreasing share of the funding pie. Wtale state support for public higher education was declining, the cost of providing a college educa- tion was accelerating to levels well in excess of state budget growth. One only has to consider some of the changes that have taken place in the last 30 years to understand this phenomenon. Over the last decade, U.S. News & World Report, in its an- c~ ~ nual rankings of the nation's '* colleges, has made students ~, , and their parents more discern- (r ~ ,~} ~7 ing consumers, precipitating ~,.. demands for competitive facili- ~ ties and ranked academic pro- grams. To be competitive, cam- ,x puses across the country have initiated construction pro- grams, new course offerings Steven T. Golding and higher salaries to recruit is vice president for and retain world-class faculty. budget and finance ~ 1975, technological innova- at the University of tions and the information a e Colorado. had not yet been contemplated, nor had the associated costs of providing students with access. New environmental regulations, student privacy rights and personal safety reporting standards are but a few examples of costly, yet critical, state and federal unfunded legislative mandates. And this is to say nothing of the more than 5.7 million addition- al students now attending public higher education institutions that were not present in 1975. Public higher education in large measure has sur- vived because of innovative faculty and the use of economies of scale. To generate new resources to offset declining state support and cover these new costs, public higher education turned to alternative revenue sources. Over the past 30 years, public higher education has grown its annual charitable gift receipts. In 2003, donations totaled almost $24 billion, and endowments added up to more than $61 billion. Public higher education has also become more entrepreneurial, increasing its sales of educational services through continuing education, distance edu- cation and executive education courses. Federal re- search and development funds have increased to well over $6 billion, providing critical support for campus-based laboratories, graduate and research fellowships and faculty salaries. The reality is that over the last 30 years, public higher education has been forced to become more self-reliant as state support has declined. While public higher education has effectively navigated the last three decades by leveraging these alterna- tive revenue sources, one cannot presume the same will continue in the future without some significant public policy changes. Historically, states viewed tuition as the incremen- tal resource public higher education required to fill the gap not covered by state support. This revenue stream in 2003-04 represents about 19 percent of the revenues that fund public higher education na- tionally. The question facing public policy makers today is whether they need to rethink the role of tuition in funding public higher education and wheth- er there are viable strategies for doing so. There are three strategies under consideration in a number of states: ^ The first strategy involves moving from a low-tuition, low-aid to ahigh-tuition, high-aid fund- ing model to solve both declining state appropria- tions and access problems. Research has shown that such an approach can provide new resources to offset lost state funding, while generating in- creased support for financial aid for those with identified need. ®A second policy change under consideration in some states is to recognize that research and doctor- al institutions have higher cost bases and should be permitted to set their tuition and fees in line with regional and national peers. Students assessing these institutions can base their decision to attend on program quality and rational economic choice. ^ Finally, some states are considering letting graduate and professional programs set tuition at market rates under the belief that students should bear a higher proportional share of the associated costs. These programs are directIy_ tied to career objectives and represent future monetary reward for the students. States that have already initiated such changes have not seen runaway tuition increases. The goal , has been to provide assurances for the sustainabili- ty of public higher education well into the 21st cen- tury. Without public policy changes such as those contemplated above, the reality is that public high- er education will not be able to compete with pri- vate and for-profit institutions, which are not en- cumbered by such artificial market constraints. nternational critics view American institutions and poli- cies under a microscope. Despite widespread criticism of the U.S., one thing experts tend to agree on is that American higher education is the best in the world. The European Commission published a study in January ranking the .world's best universities. Of the top 50, 35 are Ameri- can. But that dominance of quality higher education may be precarious. Our public investment in public higher educa- tion is decreasing, and some states are trying to cover the losses by raising tuition. Historically, the United States has invested heavily in higher education, devoting about 7 percent of gross domes- tic product to its support. Support has been strong not be- cause we spend more per student but because so many Americans attend college. Our students understand that a college degree can enhance lifetime earning power up to an estimated $1 million. The strength of American higher education comes from a synergy of federal, state and private support. A recently published ranking of the world's universities puts private U.S. schools (Harvard, Stanford, Cal - Tech) in the top three- positions. But 18 of the top 50 in the world are American public institutions, including seven from the California system and the Uni- ~ : % , versify of Colorado at Boulder (No. 31 •- among all institutions, 11th among pub- ~' ~~, lic universities). '` Although public higher education is ,~ funded primarily by the states, federal ~ -,r ,,. ' aid to students, tax deductions for tu- ition and federal funding of research ;.'~, < - ~~,~ also benefit both public and private uni- ' < + t ` versifies. And, the quality of public in- David H. Getches stitutions. depends increasingly on pri- is dean of the vate support, particularly for "extras" University of Cgla" and scholarships, although market rado Schooi of =4=~' downturns have reduced the value of Law. ~., _., endowments and donor generosity. Last-year, half the states cut funding to universities, according to the State Higher Education Ear;; ecutive Officers organization. Colorado led the nation with a 26 percent reduction, while Oklahoma, South Carolina and ~'Visconsin suffered cuts of about 10 percent. Reaction Ito higher education budget cuts has included reducing costs by eliminating classes, increasing class sizes, cutting programs and eliminating faculty and staff. But American greatness in higher education rests on more than spending. The Economist magazine recently in- dicted universities in England and Europe as mostly "gov- ernment-owned degree mills." America's recipe for great- ness, the article said, includes diversity, competitiveness, selectivity and flexibility in setting tuition. By having diverse choices ranging from community eo1- leges to flagship research universities, students of varying abilities and means have wide access to education in ouF country. And the best students can move among diverse types of colleges and universities. ,:_: Competition reigns throughout the American system - in rigorous student admissions, brutal tenure processes, re- cruitment of top professors, private fundraising and cre- ative program enhancement to meet student demands. In Europe, on the other hand, mediocrity is ensured by govern- ment supervision of "performance." Unlike most European countries, where anyone who pass- es an exam is entitled to attend any school, universities here select students who meet standards thel set and whose apti- tudes and interests best fit the programs. Costs of attending colleges and universities vary in the United States, where institutions set their own tuition. The Economist argues that this allows costly curricula and high-demand fields like engineering, medicine and law to pay their way without hurting other fields or quality. In contrast, European governments effectively impose price controls. The benefits of allowing the market to work, as America does, include motivating students and making universities more responsive to "consumers." Despite that advantage, Congress debated a bill that would sanction colleges that raise tuition above limits to. be set by the federal government. Rep. Scott McInnis, R-Colo., was instrumental in removing this initiative from congres- sional consideration. He argued that to "place federal price controls on colleges and universities" ccv?ld "result in nega- tive unintended consequences." He says that aknee-jerk ie- SEE GETCFiES ON 4E Was Jesus a liberal? asks Voices col- "11ie Aineric~u>< health care system snakes Denver Post, Rocky Mountaui • U11llllSt Blll Stout . .........................5E people sick -literally, writes Post News editorials. - INSI®E. ..............~-~~ . .- columnist Fred Brown . ........................6E -a " '~ f ~ ytJwy~'i~~l~i ~''W ~ d'Y '~~ ~y~x #_yi _ `~+. ~$~,„ _ - --:e x'~t*,.._-_a-~~ ~ 3- ~3;` gas ._-.~` ~ ~` „ #~ ~: $ ,~. ._... ..~ .-..._..- ..... __.. -..... .~,~r.~: ~.,.. .... _ ._.~.. _.. ~ t...... ._~._. .:_- .,___ _"___~. _. .R..+.xF.~i'L.~,. _ y ..~ . _6*,. ....._ ~ E'€ra'.eV..` - a~~e' ..,a ~ .,.a.~ - - H" ~'- - - a.,.. .. , 4' - Are public colleges near extinction?