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HomeMy WebLinkAbout2006-09-19 Support Documentation Town Council Work SessionTOWN COUNCIL WORK SESSION VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 12 NOON, TUESDAY, SEPTEMBER 19, 2006 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. Lunch will be served immediately following the VLMD meeting, 1. George Ruther ITEM/TOPIC: PEC/DRB Update. (15 min.) 2. Russ Forrest ITEM/TOPIC: Vail 2020 Update & Next Steps (45 min.) BACKGROUND: In August, 2006, the town initiated Vail 2020, a process that would engage the public in discussions related to values, vision and strategy.. The Town of Vail hosted two community meetings on August 22 and 24th to discuss community values and vision with the intention of creating a strategic plan for the Town of Vail. Approximately 195 people participated on August 22 and 115 on the 24`h.ln addition, the town solicited and received feed back on the web from approximately 60 people. ACTION REQUESTED OF COUNCIL: In the work session, Staff wilt review the input from the public and in the evening, staff will provide an overview of the public input and the draft values and vision statements derived from that input. Staff would appreciate direction from the Town Council on next steps and whether the draft vision and values statements are an appropriate point of departure far further discussion on developing a strategic plan. 3. Russ Forrest ITEM/TOPIC: Presentation of the results from the Rational Nexus Nina Timm Study done by RRC Associates. (60 min.) Chris Cares BACKGROUND: The Town of Vail currently has 30% of the workforce living within town. With current development projects creating an additional 1500 jobs and future redevelopment projects creating an even larger number of new jobs, the Town of Vail will need to implement additional housing mitigation measures if the town wants to ensure at least the same percentage of employees continue to live in town. As previously discussed there are a number of strategies the town may choose to implement. Today the focus is on commercial and residential linkage. The results from the Rational Nexus Study for employee generation for both commercial and residential development are complete. This study provides the legal basis for assessing a commercial and/or residential employee housing requirement. ACTION REQUESTED OF COUNCIL: Provide staff with direction to bring back an ordinance to codify a commercial and residential linkage requirement to generate additional employee housing units within the Town of Vail. 4. Greg Hall ITEM/TOPIC: Long-term Capital plan. (30 min.), Kathleen Halloran ACTION REQUESTED OF COUNCIL: Listen to staff presentation and provide comments. BACKGROUND RATIONALE: Capital maintenance and replacements wilt be a major portion of the five-year plans included in the 2007 budget process. STAFF RECOMMENDATION: None -information only. 5. Matt Mire ITEM/TOPIC: First reading of Ordinance No. 24, Series of 2006. An Ordinance Concerning the Organization of a General Improvement District in the Town of Vail; Accepting the Petition for the Organization of Such General Improvement District, and Making Certain Findings and Determinations; Waiving aN requirements for Notice, Publications; Waiving all Requirements for Notice, Publication and Hearing of the Formation of the General Improvement District; Establishing and Creating the Town of Vail General Improvement District No. 1; Town of Vail, Colorado; and Providing Other Details Relating Thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve First Reading of Ordinance No. 24, Series 2006 BACKGROUND RATIONALE: Crossroads seeks to form a single general~~improvement district within the Crossroads property (the Di_ ). The District will be controlled by the Town of Vail and its primary function will be to: (1) administer public events conducted on the Plaza, as defined in the development agreement between the Town of Vail and Crossroads East One, LLC, for the Crossroads project (the "Development Aareement"); and (2) otherwise operate and maintain the Plaza within the parameters of the Development Agreement (but only to the extent that the Solaris Metropolitan District fails to do so). ). In order to fund these functions, the District will be authorized to impose and collect property taxes levied on real and personal property within the District, in accordance with the terms of an intergovernmental agreement to be executed between the District and the Solaris Metropolitan District. STAFF RECOMMENDATION: Approve First Reading of Ordinance No. 24, Series 2006. 6. Matt Mire ITEMROPIC: First reading of Ordinance No. 25, Series of 2006. An Ordinance Designated by the Short Title "Election Ordinance"; Providing for an Election Concerning the Town of Vail General Improvement District No. 1, Town of Vail, Colorado for the Purpose of Submitting to the Electors of Said District the Proposition of Imposing Property Taxes for the Purpose of Paying. Costs of Operating and Maintaining Certain Public .Improvements and to Allow the District to Collect, Retain and Spend Non Property Tax Revenues; and Prescribing other Details in Connection with Said Election and Indebtedness; Repealing Any Action Heretofore Taken in Conflict Herewith; and Ratifying .Actions Previously Taken in Connection Therewith. (10 min.) ACTION REQUESTED OF COUNCIL: Approve First Reading of Ordinance No. 25, Series 2006 BACKGROUND RATIONALE: Crossroads seeks to form a single general improvement district (the "District") within the Crossroads property. The primary purpose of the District is to perform the following services (the "Services"): (1) administering public events conducted on the Plaza, as defined development agreement between the Town of Vail and Crossroads East One, LLC (the "Development Aareement"); and (2) otherwise operating and maintaining the Plaza within the parameters of the Development Agreement (but only to the extent that the Solaris Metropolitan District fails to do so}. In order to fund the Services, the District will be authorized to impose and collect property taxes levied on real and personal property within the District, in accordance with the terms of an intergovernmental agreement to be executed between the District and the Solaris Metropolitan District. Section 31-25-607(4)(a), C.R.S., permits the Town Council, on behalf of the organizing District, to call an election of the District's electors regarding matters required to be voted upon under Article X, Section 20 of the Constitution ("TABOR"), including questions pertaining the impositions of taxes, and for spending certain moneys above limits established by TABOR. TABOR requires the District to submit ballot issues (as defined in TABOR) to the District's electors on limited election days before action can be taken on such ballot issues. November 7, 2006, is one of the election dates at which ballot issues may be submitted to the District's eligible electors pursuant to TABOR. STAFF RECOMMENDATION: Approve First Reading of Ordinance No. 25, Series 2006. 7. Matt Mire ITEM/TOPIC: Resolution No. 18, Series 2006, A Resolution Approving the Consolidated Service Plan for Solaris Metropolitan District No. 1, Solaris Metropolitan District No. 2, and Solaris Metropolitan District No. 3. (10 min.) ACTION REQUESTED OF COUNCIL: Consider Resolution No. 18, Series 2006, for approval. BACKGROUND RATIONALE: Crossroads intends to form three (3) separate metropolitan districts within the Crossroads property for the primary purpose financing public improvements associated with the "Solaris" redevelopment project. The formation of the districts is contemplated in the development agreement between the Town of Vail and Crossroads for the above-referenced project. The Consolidated Service Pian for the proposed districts details the purpose, intent and operation of the proposed districts. STAFF RECOMMENDATION: Approve Resolution No. 18, Series 2006. 8: Russ Forrest ITEM/TOPIC: Information Update. (10 min.) - Schedule of next steps for West Lionshead & West Vail - Revenue Update g. ITEM/TOPIC: Matters from Mayor & Council. (10 min.) 10. Matt Mire ITEM/TOPIC: Executive Session. Metro. Districts. and Wendy's Parcel (30 min.) C.R.S. 24-6-402 (4) (e) Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators. 11. ITEM/TOPIC: Adjournment. (4:00 P.M.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT TBD, TUESDAY, OCTOBER 5, 2006 IN THE VAIL TOWN COUNCIL CHAMBERS. Sign language interpretation available upon request with 48-hour notification. Please call 479-2106 voice or 479-2356 TDD for information. PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING . ,» September 11, 2006 1'O~NCIFVAi1, ' 1:00 MEETING HAS BEEN CANCELLED The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published September 8, 2006, in the Vail Daily. Page 1 DESIGN REVIEW BOARD AGENDA PUBLIC MEETING September 6, 2006 ~~~~ 3:00 P.M. PROJECT ORIENTATION /LUNCH -Town Council Chambers MEMBERS PRESENT MEMBERS ABSENT Mike Dantas Sherry Dorward Pete Dunning (left at 6:30 during Item No. Lynn Fritzlen Margaret Rogers SITE VISITS 1. Bighorn Park 2. Cacchione Residence - 2865 Aspen Lane 3. Crossroads -141 and 143 East Meadow Drive 4. 266 Forest Road 5. Summers Lodge -123 Willow Place 6. Vail Wireless Internet -Vail Village 7. Goncharoff Residence -184 Beaver Dam Road 8. Lange Residence -1905 West Gore Creek Drive Driver: Warren 11:30pm 2:OOpm PUBLIC HEARING -TOWN COUNCIL CHAMBERS 3:OOpm Timberline Roost Lodge DRB05-0550 / 20 minutes Matt Final review of new construction (new hotel) .1783 North Frontage Road/Lots 9-12, Buffehr Creek Resubdivision Applicant: Timberline Roost Lodge, LLC, represented by Mauriello Planning Group, LLC ACTION: Approved with condition(s) MOTION: Dunning SECOND: Fritzlen VOTE: 5-0-0 CONDITION(S): 1. That the proposed 10' and 12' trees shown on the landscape plan be upsized to 15' and 18', respectively, by the applicant prior to CO by planning. 2. That the applicant complies fully with the TOV development standards handbook regarding outdoor lighting by the time of Final CO inspection. 2. Vail Cascade Residences DRB06-0164 / 15 minutes Matt Final review of new construction (residential condominiums, first-floor commercial, and parking garage) 1310 Westhaven Drive/Cascade Village/Development Area A Applicant: Vail Cascade Residences, LLC, represented by RKD Architects ACTION: Tabled to September 20, 2006 MOTION: Dunning SECOND: Fritzlen VOTE: 5-0-0 12) Page 1 3. Lion Square Lodge East DRB06-0209 / 15 minutes Bill /Warren Final review of a residential addition (expand unit size, egress, stairs and elevators) 660 West Lionshead Place/Lot 1, Vail Lionshead Filing 1 Applicant: Lion Square Lodge East, represented by Bill Anderson ACTION: Approved with condition(s) MOTION: Dantas SECOND: Dunning VOTE: 4-1-0 (Fritzlen opposed) CONDITION(S): 1. The applicant shall replace the five proposed bristle cone pines on the east elevation with spruce and add an additional two spruce for a total of seven spruce on the east elevation, all of which will be 18 to 20 feet in height or higher. 2. The applicant shall revise the two dormers on the east elevation to include a closed shutter element in order to dress-up the wall area. 4. 266 Forest Road DRB06-0292 / 10 minutes Elisabeth Final review of new construction (single family residence) 266 Forest Road/Lot 12, Block 7, Vail Village Filing 7 Applicant: Ron Bryne Associates, represented by Resort Design Associates ACTION: Approved with condition(s) MOTION: Dunning SECOND: Dantas VOTE: 5-0-0 CONDITION(S): 1. The applicant shall install anon-combustible roofing material on both sides of the residence. 5. Town of Vail DRB06-0325 / 15 minutes Rachel Final review of a minor alteration (wireless Internet equipment) Vail and Lionshead Villages Applicant: Town of Vail ACTION: Approved with condition(s) MOTION: Dunning SECOND: Dorward VOTE: 5-0-0 CONDITION(S): 1. In cases where wireless nodes are installed near existing wood post street signs, the applicant shall extend the signposts and install the nodes atop the posts. 2. In cases where wireless nodes are installed in Aspen groves, the applicant shall install the wireless node atop a beige pole within the Aspen grove. 3. In cases where a wireless nodes is not installed near existing wood post street signs or in aspen groves, the applicant shall mount the wireless node on a post similar in design to the new lampposts installed throughout Vail Village and shall camouflage the wireless node by placing it within a lantern enclosure. 6. Town of Vail DRB06-0394 / 10 minutes Warren Final review of a minor alteration (playground remodel) Meadow Drive/Bighorn Park unplatted Applicant: Town of Vail, represented by Gregg Barrie ACTION: Approved MOTION: Dunning SECOND: Dorward VOTE: 5-0-0 Page 2 7. Lange Residence DRB06-0327 / 5 minutes Elisabeth Final review of a minor alteration (exterior stucco and re-roof) 1905 West Gore Creek Drive/Lot 27, Vail Village West Filing 2 Applicant: Nadine Lange, represented by Dave Irwin ACTION: Tabled to September 20, 2006 MOTION: Dantas SECOND: Dunning. VOTE: 5-0-0 8. Cacchione Residence DRB06-0357 / 5 minutes Elisabeth Final review of a minor alteration (re-roof) 2865 Aspen Lane/Lot 2, Block 2, Vail Village Filing 11 Applicant: Thomas and Linda Cacchione ACTION: Approved MOTION: Dantas SECOND: Dunning VOTE: 3-2-0 (Dorward, Fritzlen opposed) 9. Vail Associates, Inc. DRB06-0326 / 10 minutes Elisabeth Final review of new construction (race and storage buildings) 498 and 598 Vail Valley Drive/Tract B, Vail Village Filing 7 Applicant: Vail Associates, Inc., represented by Jay Peterson ACTION: Approved MOTION: Dunning SECOND: Dantas VOTE: 5-0-0 CONDITION(S): 1. The building finishes shall consist of stucco painted using Sherwin Williams' "Ocatillo" (SW2378) and stain using Olympic #725. 10. Summers Lodge Condominiums DRB06-0371 / 10 minutes Warren Final review of a minor alteration (landscape improvements) 123 Willow Place/Lot 5, Block 6, Vail Village Filing 1 Applicant: Summers Lodge Association, represented by Donald Zack ACTION: Approved with conditions MOTION: Dorward SECOND: Fritzlen VOTE: 5-0-0 CONDITION(S): 1. The applicant shall submittal to the Design Review Board for review and approval the specific art .pieces/sculptures to be placed in the landscaped garden prior to installing the pieces. 2. The applicant shall submit a complete Town of Vail Revocable Right-of-Way permit to the Public Works Department prior to the start of the approved landscaping work. 11. Goncharoff Residence DRB06-0372 / 15 minutes Bill /Warren Final review of new construction (primary/secondary) 184 Beaver Dam Road/Lot 24, Block 7, Vail Village Filing 1 Applicant: Alan Goncharoff, represented by Restock and Sullivan ACTION: Tabled to September 20, 2006 MOTION: Dantas SECOND: Dorward VOTE: 5-0-0 12. Solaris (Crossroads) Redevelopment DRB05-0640 / 60 minutes Warren Final review of new construction (new mixed use development) 141 and 143 East Meadow Drive/Lot P, Block 5D, Vail Village Filing 1 Applicant: Crossroads West One, LLC, represented by Mauriello Planning Group, LLC ACTION: Tabled to October 18, 2006 MOTION: Dantas SECOND: Fritzlen VOTE: 4-0-1 (Dunning absent) Page 3 Staff Approvals Gannett Residence DRB06-0274 Final review of change to approved plans (landscape plan) 796 Forest Road/Lot 13, Block 1, Vail Village Filing 6 Applicant: Doug and Kathy Gannett, represented by Steve Riden AIA Young Residence DRB06-0296 Final review of a residential addition (bedrooms, garage, kitchen} 1452 Buffehr Creek Road/Lot 1, Cliffside Subdivision Applicant: Mike Young, represented by TAB Associates, Inc. Apollo Park DRB06-0297 Final review of change to approved plans (demolition of buildings) 442 South Frontage Road, Buildings C and DNail Village Filing 5 Applicant: Ron Byrne & Associates Real Estate, represented by W.E. O'Neil Construction Verbatim Books DRB06-0300 Final review of a sign 20 Vail Road/Lot 1, Block 5E, Vail Village Filing 1 Applicant: Robert Aikens, represented by Deborah Webster Vail Associates, Inc. DRB06-0326 Final review of new construction (race and storage buildings) 498 and 598 Vail Valley Drive/Tract B, Vail Village Filing 7 Applicant: Vail Associates, Inc., represented by Jay Peterson Zyman Residence DRB06-0355 Final review of change to approved plans (trash enclosure) 82 West Meadow Drive/Lot 1, Vail Village Filing 2 Applicant: Becky Zyman, represented by Larry Deckard Johnson Residence DRB06-0358 Final review of a minor alteration (landscaping) 2570 Bald Mountain Road/Lot 33, Block 2, Vail Village Filing 13 Applicant: Doug Johnson Reiss Residence DRB06-0360 Final review of a residential addition (dining room) 2672 Cortina Lane/Lot 8, Block B, Vail Ridge Subdivision Applicant: Helmut Reiss, represented by Isom & Associates Vail's Front Door DRB06-0362 Final review of a sign 165 Vail Road/Lot 2, Mill Creek Subdivision Applicant: Vail Resorts, Inc., represented by Paul Witt Bill Warren George Elisabeth George Bill Rachel Matt Elisabeth Page 4 Cacchione Residence DRB06-0363 Final review of a minor alteration (landscaping) 2865. Aspen Lane/Lot 2 Block 2, Vail Village Filing 11 Applicant: Thomas Cacchione Schell Residence DRB06-0364 Final review of a minor alteration (re-paint) 790 Potato Patch Drive/Lot 12, Block 1, Vail Potato Patch Subdivision Applicant: Dave Schell Coldwell Banker DRB06-0365 Final review of a minor alteration (front door) 286 Bridge Street/Block 2, Vail Village Filing 2 Applicant: Coldwell Banker, represented by Alpine Construction & Remodeling Bolen Residence DRB06-0366 Final review of a minor alteration (exterior modifications) 990 Fairway Court/Lot 4, Block 1, Vail Village Filing 10 Applicant: James and Phyllis Bolen, represented by Blueprint Construction, LLC George Warren Joe Elisabeth Lion's Ridge #4 DRB06-0367 Matt Final review of a sign Southeast Corner of Aspen Grove Lane and Buffehr Creek Road/Tract C, Lion's Ridge Filing 4 Applicant: Aspen Grove Homeowners Association, Inc. Williams Residence DRB06-0370 Final review of change to approved plans (deck) 1401 Lion's Ridge Loop/Lot 4, Lion's Ridge Filing 2 Applicant: AI and Susan Williams, represented by Victor Mark Donaldson Architects Musson Residence DRB06-0373 Final review of change to approved plans (fence) 1784 Matterhorn Circle/Lot 3, Vail Village West Filing 2 Applicant: Paul and Elisa Musson Yarde Residence DRB06-0376 Final review of a minor alteration (sliding doors) 1895 Meadow Ridge Road/Lot 17, Buffehr Creek Subdivision Applicant: Craig Yarde, represented by SRE Builders Harlan Residence DRB06-0377 Final review of a minor alteration (garage door, lower entry door) 1320 Westhaven Circle/Lot 24, Glen Lyon Subdivision Applicant: Hugh Harlan, represented by Atlas Construction Valleau Residence DR606-0378 Final review of a minor alteration (concrete pan, re-level pavers) 4839 Meadow Drive/Lot 17, Block 5, Bighorn 5th Addition Applicant: Robert and Kathryn Valleau Warren Elisabeth Matt Matt Matt Page 5 Jaspersen Residence DRB06-0380 Final review of a minor alteration (replace driveway) 1247 Westhaven Circle/Lot 35, Glen Lyon Subdivision Applicant: Bill Jaspersen, represented by Jerry Sibley Plumbing Joe Hadley Residence DRB06-0382 Warren Final review of a minor alteration (landscaping) 1127 Vail. Valley Drive/Lot 11, Block 6, Vail Village Filing 7 Applicant: Phil Hadley, represented by Brush Creek Landscaping Northwoods A10 DRB06-0381 Matt Final review of a residential addition (bedroom, living room, kitchen) 600 Vail Valley Drive/Lot b, Northwoods Condominiums Applicant: Ricardo Baston, represented by Beth Levine Architect, Inc. Williams Residence DR606-0384 Warren Final review of change to approved plans (deck, landscaping) 1401 Lion's Ridge Loop/Lot 4, Lion's Ridge Filing 2 Applicant: AI and Susan Williams, represented by Victor Mark Donaldson Architects Zarba/Ganter Residence DRB06-0385 Joe Final review of a minor alteration (re-roof) 2427 West Chamonix/Lot 20, Vail das Schone Filing 1 Applicant: Mary Zarba and Judy Ganter, represented by TNT specialty Constructors, Inc. Landmark Condominium Association DRB06-0387 Final review of a sign 610 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3 Applicant: Landmark Condominium Association Bill Bell Tower DRB06-0386 Matt. Final review of change to approved plans (deck) 201 Gore Creek Drive/Block 5B, Vail Village Filing 1 Applicant: Bell Tower Associates, represented by VAG Architects & Planners Luca Bruno DRB06-0388 Final review of a sign 20 Vail Road/Lot 1; Sonnenalp Subdivision Applicant: Luca Bruno Joe Flussheim Townhomes Association DRB06-0389 Joe Final review of a minor alteration (re-roof, trim color) 3000-3008 South Frontage Road/Lot 1, Block 5, Vail Intermountain Applicant: Flussheim Townhomes Association, represented by Seth Minkoff Christopher Residence DRB06-0392 Bill Final review of a minor alteration (deck) 2958 South Frontage Road West, #5B/Lots 3 & 4, Block 5, VaiP Intermountain Applicant: Barbara Christopher Page 6 Gore Creek Place Homeowners Association DRB06-0393 Warren Final review of changes to an approved plan (landscaping) 825 West Forest Road/Lot 3, West Day Subdivision Applicant: Gore Creek Place Homeowners Association, represented by Jane Ivy Gately Residence DRB06-0396 Matt Final review of a minor alteration (landscape/spa) 355 Forest Road/Lot 1, Block 2, Vail Village Filing 3 Applicant: Barbara A. Gately, represented by Landscape Technology Group Lessig Residence DR606-0398 Elisabeth Final review of a residential addition (ceiling infill) 2055 West Gore Creek Drive, Unit 2/Casa del Sol Condominiums, unplatted Applicant: Van Lessig, represented by Hard Rock Drywall Leeds Residence DRB06-0400 ~ Elisabeth Final review of changes to approved plans (upper level stair/exterior revision) 786 Potato Patch Drive/Lot 14, Block 1, Vail Potato Patch Applicant: Gary and Liz Leeds, represented by K.H. Webb Architects Doucett Residence DRB06-0402 Final review of a minor alteration (re-roof) 2578 Arosa Drive/Lot 1 Block C, Vail das Schone Filing 1 Applicant: Matt Doucett, represented by TCC Contractors, Inc. Bramante Residence DRB06-0403 Final review of minor alteration (re-roof) 1235 Westhaven Circle/Lot 47 (south) Glen Lyon Applicant: M.A. Bramante, represented by Horizon Roofing Lazier DRB06-0414 Final review of a sign 352 Hanson Ranch Road/Lot 3, Vail Village Filing 5 Applicant: Lazier Tivoli, LLC, represented by Bob Lazier Staff Denied Firststar Trust Company DRB06-0379 Final review of a minor alteration (retaining wall) 434 Beaver Dam Road/Lots 4 and 6, Block 2, Vail Village Filing 3 Applicant: Firststar Trust Company, represented by Gary Cox Joe Joe George Bill The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479-2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479-2356, Telephone for the Hearing Impaired, for information. Page 7 MEMORANDUM TO: Town Council FROM: Community Development Department DATE: September 19, 2006 SUBJECT: Vail 2020 Update STAFF: Stan Zemler, Russ Forrest, Rachel Friede, Elisabeth Reed, Greg Hall, Suzanne Silverthorn I. PURPOSE The purpose of the September 19, 2006, discussion regarding Vail 20/20: Focus on the Future is as follows: • Review the input received by the public both online and during the August 22"d and 24th community workshops; • Review and provide direction on the working drafts of the new values and vision documents developed from the public input; • Gain feedback from Council regarding the use of these statements for developing a strategic plan; and • Provide staff with direction on next steps. II. BACKGROUND In the process of extensive redevelopment, the Town has been addressing many planning issues such as circulation, housing, recreation, and land use, which transcend neighborhoods and have regional implications. On January 17, 2006, the Town Council approved a scope of work that included soliciting a facilitator to garner community participation, and a consultant to assist Town Staff in drafting a vision and community plan. The selection process occurred in February 2006, and Design Workshop was selected as both the final consultant and facilitator of this project. Starting in March 2006, Design Workshop worked with Staff to develop the process for Vail 2020. Staff met with various stakeholders in the community who provided valuable insight into the process, including the Eagle River Water and Sanitation District, participants in the Vail Tomorrow process, and the Vail Village Homeowners Association. Staff also worked with RRC Associates and Design Workshop to update the State of Vail report, which included a more detailed analysis of the state of housing, land use, transportation, the environment, culture, economic development, and recreation. The "Vail 20/20" process officially began with a meeting of institutional stakeholders on August 3, 2006 at Donovan Pavilion. The stakeholders provided input regarding individual organizational goals, as well as Town and regional issues which concern their organization. On August 22"d and 24th, two community workshops were held at Donovan Pavilion to discuss Vail's existing values and Vail's vision for the future. The results have been compiled for review in Attachments A and B and are available to the public online at www.vailgov.com/2020. III. GOALS AND OUTCOMES It is critical that both the goals and outcomes of the Vail 20/20 process agree with the Town Council's guidance. The following statements represent the goals and outcomes that have been outlined to date for this process: Goals • To identify commonly shared values in the community; • To create a clear and vivid vision of Vail's future; • To develop an integrated community plan that creates an effective coordinated strategy for Vail's future; • To create a final product that transcends the administrations of Town Council and appointed boards and commissions; • To build upon planning processes from other communities and processes already in place in Vail; and • To create a participatory process focused on listening and community involvement. Outcomes • A strategic plan which provides atopically-based vision for the next 10-15 years based on a shared set of values and provides an integrated action plan to achieve that vision; • Coordinated decision making so that land use decisions compliment transportation, housing, and economic strategies and vice versa. This will help save time and money through more coordinated project management; and • Improved effectiveness and efficiency in capital and operational budgeting by ensuring the annual budget supports a strategic vision and the set of values that the community identified. In addition, this process has been proven to leverage other private and public dollars to implement shared goals. Q IV. ACTIONS REQUESTED OF COUNCIL 1. Review Input Received by the Public The Town received input on values and vision both at public meetings and on the web. The participating public can be described in the following demographic table below: Vail 2020 Participants Live: # of Partici ants* Vail Full Time Vail Part Time Elsewhere Full Time Elsewhere Part-time Does not live in area 22-Au 195 64% 12% 21 % 0% 3% 24-Au 115 67% 6% 23% 1 % 3% Web 59 51% 25% 17% 2% 5% Total 369 63% 13% 21 % 1 % 3% Work: Vail Full Time Vail Part Time Elsewhere Full Time Elsewhere Part-time Does not Work in Area Retired 22-Au 19.5 54% 17% 5% 5% 6% 13% 24-Au 115 56% 9% 14% 3% 4% 14% Web 59 47% 11% 11% 2% 30% 0% Total 369 53% 14% 8% 4% 10% 11 A e: 18 Under 19-25 26-35 36-49 50-65 66+ 22-Au 195 2% 2% 14% 28% 42% 12% 24-Au 115 0% 4% 12% 28% 43% 13% Web 59 0% 0% 25% 26% 37% 12% Total 369 1 % 2% 15% 28% 42% 12% * It should be noted that many people who attended the first community workshop also attended the second. Values Input The goal of the first community workshop on August 22 was to build upon the community values that were created through Vail Tomorrow, the 1996 public participation process. Participants shared their thoughts about the nine value statements discovered in 1996 that describe the shared beliefs that create a community culture. The first task was to identify if any of the old value statements needed to be modified or new statements added. Next, each table was assigned one value statement, such as activities enhance our lives, and intellectual growth is essential for all. The groups identified what actions Vail needed more of, and less of, in order to be consistent with the community's values. Then, results were posted around the room and participants were given dots to vote for. their preferred responses. The website contained similar questions asked of the workshop attendees in order to gain the same information from participants. Detailed documentation of the input from both the workshop and website participants is contained within Attachment A. Below is a summary of the input received regarding community values. A draft of the new value statements are in Attachment C: In regard to the value "Resort and Community go hand in hand", most felt that housing must be made more readily available for the middle class and families. Zoning changes must occur to encourage more diverse neighborhoods, and regional cooperation must be enhanced beyond what it is today. Many commented that the elitist attitude accompanying the Town and the resort must stop. There were many comments on the lack of a community feeling in Vail. In regard to the value "Diversity strengthens us", most participants felt that there must be more support of the Hispanic population both in the Town and throughout the Valley. More opportunities must be provided for activities in Vail, and again, more affordable housing must be available. There was an interest in less "bigotry" and an interest in less of a dependence on seasonal workers. In regard to the value "Activities Enhance our Lives", nearly all expressed an interest in a recreation center that includes a pool in Vail. Second on the list was the need for mass transit from Denver to Vail, followed by the need for improvements to bike paths and sidewalks, and the construction of a skateboard park. There were a significant number of complaints voiced about highway noise and the need to mitigate in some way. The value stating that "Connections Build Community" received much feedback regarding the necessity of providing a quality guest experience. Community members .expressed fondness for Community Picnics and events such as the Vail 2020 process. Conversely, a lot of comments were made that referenced the need for "less drama in the Vail Daily". "The- Environment Defines Us" was likely the value that received the most support. A large number of persons "voted" for. the Town to assume more of a leadership role regarding environmental issues. There was strong support for a recycling program and equally strong support for thinning of dead trees. Most popular among the comments regarding Town improvements was the need to increase protection of Gore Creek. Most agreed with the value "Regional problem solving works best" and suggested increased collaboration between local and regional governments, particularly involving big issues such as I-70 mitigation. Strong support was voiced for prioritizing regional problems and the sentiment was that Vail needs to lose its "Vail-only" attitude. Regarding the value "The Economy Sustains Us", many mentioned the need to recognize there's a limit to growth and we need to determine the Town's carrying capacity. Some expressed the desire for more Town employees to live within the Town and several commented that more diversification in local businesses should be enforced. Participants also stated that the Town should have less "cold beds". The value "Safe surroundings protect us" was widely agreed with. There was serious concern about the pine-beetle and the possibility of a large wildfire, as well as the lack of skier safety frequently found on the mountain. Again, concern was voiced in this topical area regarding the negative impacts of I-70 on the Town. The value "Intellectual growth is essential to all" was widely seconded. There was a lot of interest to expanding culture and the arts, and providing senior programs within the Town. Several mentioned the desire to increase the number of facilities or outlets which could provide unique growth programs (i.e. 12-step programs, Tai Chi programs, etc). Vision Input At the second Community Workshop on August 24th, the community learned about the current state of Vail and what Vail will be like in the year 2020 if current trends continue. Stations for topics areas, including housing, transportation, recreation, culture and education, land use and development, environment, community and community services and economy and municipal finance were set up around the room that included a poster conveying the current situation and the baseline future scenario outlined in the presentation. Participants had the opportunity to speak with an expert and provide input to a facilitator about four out of eight topics. Encouraged or disappointed about this baseline future scenario, participants were asked to provide their recommendations to achieve a~ more desirable future. The recommendations were then summarized and presented to the audience. At the end of the meeting, participants were given 4 green dots and 4 red dots and were asked to s indicate the recommendations they felt should be pursued with green dots and those that should not be pursued using red dots. The raw data from both workshop and web participants is in Attachment B. Using input from this workshop, a preferred future scenario was developed and a draft is included in Attachment D. The following is a summary of the input received from the community vision workshop and the web participants: Recreation Community members overwhelmingly agreed that the variety and number of activities, .organized events, and locals within the Town was the stronghold of this topic. However, many expressed the Town's need. for an indoor recreational facility to supplement .outdoor recreational opportunities. The need for a regional approach to marketing recreation was supported. Additionally, the suggestion to improve marketing of (particularly) summer time activities was mentioned several times, as was the need for more activities and recreational venues for the under 20 years-of-age demographic. Transportation The Town's free bus system and the option to use ECO Transit were touted as the strengths of the transportation system in Vail. The most frequently mentioned dislike was the various impacts from I-70, specifically the noise generated from traffic and lack of enforcement of "Jake Brake" laws. Topping the .list of recommendations include creating mass transit from .Vail to Denver, create new parking within the Town, mitigate the impacts of the highway, and improve the information system that is linked to the bus routes and stops. Environment Most community members commented that an ongoing dialogue between the Forest Service and the Town was one of the Town's environmental strengths. However, many persons are interested in developing a strong recycling program, reducing the reliance on chemicals to handle problems like snowmelt, the Pine Beetle problem (and related fire hazard) and the health of Gore Creek. Topping the recommendation list included adopting a green building code, dealing with pine beetle kill, and adopting a recycling program. Housing The community voiced that it appreciated the Town's. recognition of the need to address housing. However, many expressed dismay that so many developments were being approved without any adequate affordable employee housing programs. A lot of concern exists regarding the lack of a variety in housing. stock, and the cost of Living in the Town. It was widely felt that the target of housing 30% of employees within the Town is too low. Many suggested that both residential and commercial development be required to provide a variety of employee housing on and off site. Others stated that regional housing solutions may be possible as well. 6 Culture/Education There was strong support of cultural facilities and programs and the revenue such programs bring to the Town. However, many felt that the Town lacks an indoor cultural facility as well as programming for 20-30. year olds. Among the recommendations was construction of a multi-use cultural facility that can be used year round. Many suggested that more continuing education options be offered, and a lot of members asked that more local's savings/discounts and family-friendly events be considered for cultural events. Development Much support was expressed for the renewal of public/private infrastructure. Most liked that the Town manages but doesn't discourage growth. The uniqueness of the physical infrastructure of the Town was touted as one of its greatest strengths. Some dissatisfaction was voiced regarding the large developments that have recently been approved. Many asked for more focus by the Town on its own carrying capacity and an increased focus on better public benefits and more warm beds from the larger development.projects. Economy RETT funds were highly appreciated by both those in attendance and those who contributed via the website. Many mentioned the value of good medical facilities and the increased revenue from new/redevelopment. However, many voiced concerns about the Town's inability to fund capital projects and maintain infrastructure over time. Recommendations included reallocating the RETT .funds (possibly to housing),. increasing summer activities, and removing the pine beetle kill to preserve our natural beauty. Community The most commonly expressed "like" within this .category was the construction of Donovan Pavilion. Also near the top of the list were the community barbecues, Vail's pro-development attitude, and the invitations for community feedback via forums, surveys, etc. The strongest dislikes included the effects of the pine beetle, the lack of community diversity, the trend away from the family structure and family activities, the community barrier of I-70, and the plethora of part-time homeowners. Recommendations included building a recreation center, educating the community regarding fire danger,. offering more community facilities and programs that encourage people to continue living in Vail, develop a world-renowned recycling program and provide opportunities to host 12- step programs. 2. Draft Values and Vision Staff has synthesized the input from the public and the State of Vail Report to develop a draft set of values and a vision for the future (See Attachments C and D). Staff is recommending that the Town Council review the draft values and vision, provide input, and then determine if these draft statements provide a good initial point of departure for developing a strategic plan. Staff would like to post these statements online to solicit input on the statements if the Town Council is comfortable with these initial statements. 3. Proposed Next Steps for Completion of Vail 2020 Staff is requesting direction from the Town Council on next steps. Staff proposes that working groups will be convened for each topical area to develop the Vail 20/20 Strategic Plan. Existing groups will be utilized for the topical areas and if none exist, new temporary groups will be created for the sole purpose of developing a strategic plan, using Staff, "topical experts" and citizen volunteers. The following are a list of the working groups: Existing Groups Economic Strategy & Culture- Economic Council Chair: Stan Zemler 2. Recreation Strategy- Recreation Master Plan Team Chairs: Mike Ortiz, Pam Brandmeyer 3. Housing Strategy- Housing Authority Town Staff Convened Working Areas 4. Land Use/Community-Community Development 5. Transportation & Infrastructure Strategy -convened by Public Works, ECO, Eagle County,. CDOT 6. Environment Strategy -Convened by Town of Vail Environmental Health officer The Vail 20/20 Focus on the Future Strategic Plan will address the issues and ideas developed by the community and the referenced working groups. A sample outline for the strategic plan is in Attachment E. The strategies will serve as a framework for future budgeting and planning decisions not only for the Town of Vail but for other agencies and organizations, where appropriate. Staff proposes the following process to develop the Vail 20/20 Focus on the Future plan: 1. Working groups will be convened or newly formed. If newly formed they will exist only to develop an action plan. For those groups that are newly formed, staff will solicit participation. 2. Town Staff will participate in each group, aid in publicizing meeting dates, and track progress of various groups. 3. Each working group will allow public input, with the chair deciding how to integrate such public input. 4. From October-December the working groups will. meet (see schedule below) to develop goals, action plans, and meet together in joint meetings to resolve conflicts and identify synergies. 5. A public meeting will be held in January 2007 or potentially in late December if progress moves forward more quickly. At this meeting, the community will review and prioritize the proposed actions. The public will also be asked to provide input on how to find resources to support actions that are not budgeted or otherwise financed. This input will be included in the strategic plan. 6. Staff will continue to work with working groups to draft a Strategic Plan, which will be posted on the Town's website for comment. 7. Comments will be considered and the final proposed draft will be released. Schedule Date Event Se tember -October 1S Workin Grou Meetin to develo oats October 17 Council u date on workin rou ro ress Competed by October 27 2-3 Working Group Meetings to develop draft action plan cross check and make sure oals are attainable November 2, 2006 1S Joint Grou Meetin ith Council artici ation November 7, 2006 Council Update Completed by November 24 3r Working Group Meeting to discuss trade-offs and refinement of action Ian December 14, 2006 2" Joint Grou Meetin to review actions December 19, 2006 Council U date December 21 or Janua 11, 2007 Public Meetin to Prioritize Actions Completed by January 26th 3r Joint Group Meeting to Develop final draft Vail 2020 Strate is Plan Februa 2006 1 S Draft of Communit Plan Available for Public Comment A ril 2007 Be in Ado tion Process V. ATTACHMENTS A. Community Values Public Input B. Community Vision Public Input C. Draft Community Values D. Draft Community Vision E. Example Template for Creating a .Strategic Plan io Town Council 091906 Vail 20/20 Community Values Workshop Results Attachment A At the Vail 20/20 Community Values Workshop held on August 22, 2006, about 200 community members convened at Donovan Pavilion to evaluate the following value statements which were gained from fhe Vail Tomorrow visioning process in 1996. Each participant was asked to voice to their facilifator whether or not they agreed with the value presented. Then, each group compiled fhe following list of statements signifying what the Community could do "more oP' or "less ot" to make that value more tangible. At fhe end of the evening, all statements were taped upon the wall. Each participant was given five adhesive dots to "vote" upon the statements they most agreed with. The number of dots placed on any given statement is indicated in parentheses below. Value A: Resort and Community qo Hand in Hand More of... Housing for middle class families vs. homes (21) Zoning changes to encourage diverse neighborhoods (12) Blending or sharing of resources (4) Seminars, meetings, trainings (2) Education regarding valley-wide activities (3) Valley -wide marketing (1) Housing (1) Allow modifications of structures to accommodate growing families More socio-economic diversity (2) Wildlife Water Sanitation Recreation Libraries Vail as a destination resort (3) Seasonal and second homeowner housing More opportunity for entrepreneurs to create businesses Community members as the back bone The resort to attract visitors for fiscal success A happy mascot A work force that is here to stay Continued sense of community Make sure people can own stores, restaurants, etc. Affordable shops, market & activities for locals (2) Attention to and understanding. of what has made Vail successful Property owners a chance to vote Local amenities Zoning that preserves locals' neighborhoods Design review that acknowledges a difference in scale and cost for housing targeted for a local market More office space in town A Community gathering place! Support for locals who live in town and not down valley Discounts on lift tickets and passes Tax incentives for new businesses outside the village Stricter enforcement of high-quality building standards Town Counci1091906 .Attachment A A government that focuses on a forward vision for Vail Working with residents to establish clear priorities and abide by them. Keep the charm. Jobs that pay enough to keep the community here! Need incentives for locals to value the mountain. More services, attention, respect for "locals (3) More support of the environment. Balance... community is not for just ski bums but for all owners and residents Meetings held during the winter. I need to be there. Control the size of building and development. More cooperation between the town and the Vail Resorts (2) Grassroots ideals More parking provided by Vail Resorts Free skiing for residents over 75! Snowboard-only trails. Clarity within the school system, particularly in the future development of campuses Less of... Elitism (2) Turf battles regarding territory/boundaries (1) Duplication of services (police, fire, emergency/medical) Corporate movement to Denver Lack of community relationship feeling Competition for funding and resources Disrespect for young families and young adults (2) Small-minded bickering (4) Retirees Rip off prices....from construction and services to meals Developments like City Market a few years ago. ' Condos ' Less big Disney-ish real estate development targeted at second-home buyers (5) Fewer mansions Development of more hotels and fractional ownerships Recreation like bowling alleys Less obstructions of any kind to any project that would provide some affordable housing for No blackout dates for ski passes of locals who live in town. Expansion of developed land Politics and a SLOWDOWN of large development projects (2) Looking backward... rather took forward Less of Vail showing a lack of concern for locals The perception that VA gets whatever they want Less commercial and housing development Hire building inspectors who know what they are doing, fire current nit wits!!! Greed. Corporate ideals Less parking on Frontage Road Projects like Crossroads when they don't include a HUGE affordable housing component Less dependence on VA Racism 2 Town Council 091906 Value B: Diversity strengthens us Attachment A More of... Support of the Spanish-speaking workforce (11) Opportunities for young people to do things in Vail (bowling, etc.) (8) Affordable housing, particularly for families (10) Abetter mix of locals and 2"d homeowners (3) Tolerance (2) Support for local art (2) Recruitment of diverse seasonal workers (1} Cultural events during ski season when we are most diverse (1) Socio-economic diversity and social events that include everyone (4) Diversity of businesses to encourage diversity (1) Scheduling of community events so that the workforce can attend Subsidized housing Confidence in Vail's innovation Recognition of the importance of international representation Strategic plan to enhance diversity Willingness to change Multi-cultural experiences/activities New visions that will help lead the old and new community members into the future An understanding of the dynamic community Smiling faces of all ages and backgrounds, on the front page of the Vail Daily. More affordable housing is req'd to attract a more diverse year round population. Values followed by the town leaders and major. employers, not by a "mission statement." High paying jobs Hotel rooms and full time residents More lights on! Nicer neighborhoods for families with moderate income (as in Eagle) More diverse professional job opportunities (and the office space to support them) Employee housing opportunities for the larger families (3+ bedrooms). Property Maintenance Code needs to be adopted. A true Community/Rec Center. Considering advisory representation to the Council from the various residential districts Diversification of the dinning and shopping experience Lower commercial space rental rates to allow more modestly priced restaurants and shops More input from second home owners and eventually the right to vote INCLUDE something for the younger set at Lionshead pkg structure redevelopment More civility in dealing with all groups Good paying. year round jobs and housing within an hour drive... daycare for families of all levels enforcement of laws concerning illegal immigrants More discounted services for "locals" (2) Activities that range from softball to the New York Phil Support for seniors... we are not all ski bums (2) Maybe asking the less fortunate around here what they need. Give ethnic clubs special discounts so they can afford to come Cheaper ski lift tickets Education about our ethnic populations/language/cultural values Ethnic restaurants More respect for each other 3 Town Counci1091906 c Attachment A an understanding of what people of different backgrounds hold dear to them philosophically Non-alcoholic activities High quality of street life: control events. Pleasant strolling. More people who appreciate Vail for the unique mountain resort that it is Less of... Bigotry (7) Dependence on seasonal work Illegal aliens Fear Condos used a few weeks a year! Fewer dark windows! Governmental force to provide housing Second homes (3) Less splintering of the Community like what happened over Crossroads Less private agendas in the decision making process. Warehousing of lower income people, who are honest and hard working. Fur/jewelry/t-shirtlreal estate outlets. New build of Luxury everything.... ...of the idea that diversity can be forced Snowboarders' se{fish attitudes towards others on the mountain Vail does not have to be everything to everyone All the same shops & restaurants Lack of control in the streets. Fewer transplanted urbanites trying to make a quick buck off of Vail development Racism Tipsline Value C: Activities Enhance our Lives More of... A recreation center and pool (24) Mass transit from Denver to Vail (11) Improvements to bike paths and sidewalks (11) A skateboard park (9) Venues for art/culture/education (9) Children's activities (8) Vision of how to share recreations{ activities with locals, guest, and visitors (8 Senior citizen center (4) Coordinate more events at Ford Park (3) Parking fees based on number of occupants per vehicle (2) Reduced rate mass transit on weekends for skiers valley wide (2) Activities for children/teens (2) Better communication regarding event details (3) Charging for parking on Frontage Road to encourage transit use (1) Parking under Ford Park (2) Curb cuts (1) Assisted living facility (1) Collaboration between event promoters and special groups Cooperation with neighboring towns regarding recreation 4 Town Counci1091906 Attachment A A universal access plan A golf pass that is valid county-wide Control on mountain of out of control skiers/riders More activities that are available for those with lesser incomes Just more of the same Open space funds should be used exclusively to purchase open space Suggest not more than 10% be allocated to management and salaries. More support for events in the summer (2) More support from the Vail Chamber and the business community More interaction between social groups More community events specifically for locals outside of working hours. More locals rates for EVERYTHING! (10) Even more community events in various areas--affordable community events a junior Vail council with young professionals to come up with fresh ideas? We need to keep the old west alive. More activities for non-skiing family members Provide value for tourists and visitors alike More family type events Continue the diversification ADD A community college for life long learning opportunities More mountain biking trails -look at Winter Park! More weekday specials/events Street music and special events (Teva, etc.) More hiking, biking, skiing, group activities Pocket parks (doing a good job), traitheads, etc... Street events and entertainment but not "panhandling" or unauthorized strolling entertainers. More unique sporting events Less of... Highway noise (38) Density (2) Development (1) Bike tours that slow traffic (1) Loose dogs on bike paths (1 } High profile symphonic/Ballet events (4) Less one-of events. Less of the same. The head pro at the Vail Golf Club. Things like tearing down tennis courts at Lionshead for more condominiums. Concerts to buy voters Activities designed to segregate the community. Expensive venues (2) Less of the largest real estate developers monopolizing the gateways to public assets Winter season entertainment focuses too much on music which appeals mainly to the under 25s Less stress on the guests being more important than residents The thought that the locals are as wealthy as the guests. Snoop Dog concerts that bring trash to the community HIGH COSTS FOR EVERYTHING WE DO Providing these activities down valley only. 5 Town Council 091906 _ Attachment A Greed. Try to be all things to all people. Public Drunkenness No more bowling alleys No more T-shirt shops No more urban canyons with tall buildings blocking God's natural grace Crazy drivers who don't respect cyclists on the road Disrespectful skiers and snowboarders Value D: Connections Build Community More of... Personal investment into the quality of the guest experience (2) Communication and Coordination (2) Picnics/Bravo Events (2) Incentives to purchase real estate (2) Listen to the Community's voice through activities, forums, web (25) Connection to the workforce (1) Calendar Planning (1) Housing for Community Members Encouragement of personal caring (2) Ski company living and working in Town of Vail Strategic planning to connect people Physical infrastructure more full-time residents and housing opportunities More programs like those supported by the WF and other organizations We need the decision makers in this town to focus on the community, not personal agendas (5) We need to decide and agree on what direction this town is going and then go there (2) We need more business owners and managers to get involved. Civility training for council members and county commissioners A MUCH BETTER LOCAL NEWSPAPER, TY, RADIO -How is it that strident KayeFerry is the only widely read voice? Possibly advisory representation from the various residential areas Know how each age group, ethnicity will benefit from participating More transparency the total Vail town govt (2) Create a sense of teamwork thru example More attention to the environment we are in and the activities it provides Recognition of owners that are not legal residents Listen to the younger crowd. Educate snowboarders to not smash into skiers thinking the word sorry is enough apology Unbiased, corporate decision-makers who can look beyond just a profit motive QUIT ALLOWING COUNCIL MEMBERS TO BE BOUGHT BY DEVELOPERS Events do not all need to be fun. Make new residents welcome and give opportunity to meet others TOV should subsidize Vail Symposium More CGS (red jackets) on Vail Mountain Don't let the old school money men make all the decisions (2) Less of... 6 Town Council 091906 Attachment A Drama in the Vail Daily (7) Judgement of people's opinions (4) Regulation of sound and special events (1) Parking restrictions on neighborhood streets (1) Migration down valley (2) Exclusivity (2) Fewer part-time homeowners Council working behind closed doors (2) Responsiveness of elected officials. SDDs, and rush projects like the Lionshead parking structure redevelopment proposal People trying to monopolize what decisions are made.. SLAP law suits by avaricious developers. Value E: The Environment Defines Us. More of... Town of Vail needs to assume a leadership role on environmental issues for all resort communities (57) Leadership in Recycling (on natural scale) (30) Thin out beetle kill (28) Environmental protection of water & watershed (14) Consistency in our actions and values re: environment (6) Environmental protection of water and land (9} Access /Mobility /Rail -dealing with impacts of cars (12) Global warming focus (3) Support healthy forest management practices (2) Light rail at Regional /State level (1) Alternate energy sources; biofuels (3) Green Employee housing (1) More wind power (1) Compost and recycle at town functions Enforcement of Employee housing to deal with sprawl issues Bed & Breakfasts in private homes /home sites High efficiency building required (4) Bears/trash enforcement (11) More outdoor natural science opportunities MITIGATE I-.70 (6) BETTER BIKE PATH CONNECTIONS AND MAINTAINANCE Better maintenance such as cutting down the weeds and thistles on town property and roadsides No wood fireplaces Fireproof roofs The pollution will increase as down valley is developed aggressive campaign to convince dog owners to pick up their dog's poop larger ads in the papers. Change the Town Code to allow people to cut infested trees on their property without permission Have lectures, slide shows on the environment Perhaps a trail along the Gore Creek from W to LH. 7 Town Council 091906 Attachment A Somehow find a way for absentee landowners to "buy in" to the local environment more. FOREMOST!!! MORE AND MORE BUILDINGS! MORE CONSTRUCTION! No Smoking everywhere! more land preservation and less noise/visual pollution Vital to keep valley green and uncluttered. Encourage small development (i.e. Alpenrose). Ensure Ford Amphitheater rest rooms are kept clean. Change the perception that all Vail cares about is ski and golf More involvement in groups such as ECO-Trails and Trail Action Group. Less of: Chemicals ,put into environment (2) Less regulations impede environmentally sustainable action, i.e., allow solar panel and wood roofs in High risk areas, !ess dirty wood burning fireplaces (1) Amount of irrigation water and more use of drip. irrigation systems (1) Suburban sprawl (1) Single family homes Stress on our infrastructure -water, power, roads, encroachment on forest (2) Automobiles (If we don't build it -parking -they won't drive) Waste Less green house gas emissions (2) Less snow-melt Less sand in Gore Creek Pine Beetle (3) Fewer indoor activities, like game machines, laser tag, etc. Protection of the environment is NOT top priority. Running a town should be the town's top priority. Development, traffic -perhaps should reconsider light rail from Denver to Vail We don't need the extra cost of wind power NOISE ON I-70 Less heirm~7t which destroys our natural environment by hiding it. Stop allowing big redevelopment plans to max out their sites in the core of the village (4) A time out from construction noise. Noise, trash and dog poop (2) Education of residents and visitors along with the local businesses Stop talking about it and get it done. The damage is already overwhelming Stop reducing the natural environment (2) People who try and control other people's property it is not necessary for the town to insure "Open Space" or other natural environment elements. Less traffic Free parking on the frontage road during peak ski season. Less development along the natural assets elements like the Creek Less expansion of the ski area Fewer golf courses. Value F: Regional problem solving works best More of... Local govt's /special districts meeting & brainstorm (11) Cooperation regionally regarding regional problems to eliminate overhead (27) 8 Town Council 091906 Attachment A Remind us every day in the Vail Daily Better county wide bus service from Gypsum to Vail PARKING AND PUBLIC TRANSPORTATION ALTERNATIVES (on a regional level) (6) AFFORDABLE HOUSING (2) MEDICAL AND SENIOR CARE (2) EDUCATION Eagle County is out of touch. We need to take care of ourselves. Address I-70 Water and fire protection are two areas that would benefit from this. We are slightly late in realizing this Have localized community meetings ....can be picnics or home visits Unity on water issues and pine beetle mitigation, as well as I-70 noise abatement. Support Vail as an integral area A regional council for economics, for seniors and for arts People who are more broad minded, lots of issues, someone needs to prioritize without prejudice What works in one area may not work in another. This is a good guideline but it should be able to be altered to the community as needed. POLICE PROTECTION FIRE PROTECTION WATER ISSUES The guest does not see the lines of the town....we need to remove these lines in many situations in order to enhance the guest experience and most effectively market what we have to offer as a destination. Diverse opinions in the political circle... Joint meetings with the county commissioners? Not privy to the work you are doing, so can't comment (2) Less of... The "Vail only" attitude (3) Less Parochialism Angry people, media backbiting, general hostility (5) We should stop pretending that down valley is so important (2) Less ego from elected officials at all levels (2) Lack of civility at the county commissioner level, Competitive minds trying to "one up" the other towns. Building of luxury property Local politics focusing on individual agendas. Political issues between towns. Less I-70 noise. Build tunnels Value G: The Economy Sustains Us More of... More recognition that there's a limit to growth (12) Town employees living in Vail (8) Diversification -Promote business friendly Peers (7) Growing middle management (7) More controlled sustainable growth and development practices (13) 9 Town Counci1091906 Attachment A Encourage and support a vibrant small business community (3) Keep Vail's physical scale (2) Promote Vail as a destination resort for mountaineering, hiking, the outdoors (7) Focus on the Visitor (5) Maintain sense of place (1 } More specialization (1) Collaborative Public /Private without housing (1) More protection for small businesses to survive (4) More focus on quality development /redevelopment Achieve sustainable economy without expansion Understanding result of redevelopment /customer base change Small business able to enter into private employee housing initiative Growing more business/more tourists Marketing (customer Id /targets /issues) Have we considered quieter alternative fuel buses? A monorail? (7) Keep the developers competing to outdo each other. Better housing options if possible....(4) Better health care options for small businesses A community-supported economy, not just atourism-dependent one. Respect for the meaning of these statements. Try to reduce even a little bit our dependence on tourism and second home development More parking for down valley residents (3) More frequent green and red business during ski season Improved bus services w/hours that service kids, students, parents & working class (3) more fluid break between the seasons. INTERGOVERMENTAL COOPERATION REGIONAL SERVICE COOPERATION What is sustainable is the true question...if it revolves around a work force...we are barley keeping up. The infrastructure is sound and the economy vibrant...but I do not think we have a stable growing employment... Need more entrepreneurs in Vail, Less of... Cold beds (1) Less attempts to diversify (stick with sports and recreation) Less growth for growth's sake Less knee-jerk growth Less seasonality/dependency on skiing or just outdoor activities We need less traffic on East Lionshead Circle. Businesses that complain but don't make efforts to improve A rail system from the airport to Vail and BEYOND. Cheap development NO SUBSIDIZED HOUSING. Let the market work! (2) Noise on I-70 Fewer interpretations to push private agendas and overdevelopment. 8+ story buildings Fixed gas prices that are always higher than Silverthorne UNAFFORDABLE HOUSING Less reliance on sales tax revenue 10 Town Council 091906 ,. Attachment A I DID NOT COME HERE TO MAKE MONEY BUT TO ENJOY THE LIFESTYLE Which YOU ARE SLOWLY REMOVING The "Mine., mine, mine" attitude High end EVERYTHING that no locals can afford. Fewer real estate agents in Village center. Reduce commuting employees. Do not let Vail mountain Resorts dominate the town. Million dollar homes. Value H: Safe surroundings protect us More of... Increased concern for wild-land fire danger and natural hazards (18) Pine beetles (7) PD assisting with skier safety (3) Retention /recruiting of quality safety officers (3) Tipsy taxi (2) Neighbors looking out for each other (3) Evacuation Plan, terrorism preparedness (2) Recreational Taxi Awareness of environmental hazards, not just a concern for beauty Traffic Safety Wildlife Ordinance Enforcement Planning for safety services & keeping pace with growth Frontage Road parking safety PD checking on home when out of town Education of bikes on roads (motorists & bikers) Rules for roundabout driving Sidewalks in residential areas Crosswalks & signs. Protection from I-70 "drive thru" Driving controls -trucks in right lane, chains, lower speed (4) More deterrents like dummy in vehicle More lights on Knowing neighbors School traffic plan for pick-up /drop-off West Vail Fire Station (4) Our Wonderful Vail Police force Less car traffic and the Vail buses need to go slower Regional fire protection district. Do not loose the ambulance building in town. Keep small town values. In these times we do need citizens trained in Emergency Response Management An increased crime rate would deter tourist and residents and should be a priority. Workshops available for the public regarding personal safety (3) We need to find a happy medium between vigilance and what is prudent for a town of this caliberlt would help to have police officers be more visible Assure all visitors are aware of the rules and consequences Be careful of the acts we invite as they invite a certain following Since the summer months bring so many tourists, the bus schedule should be similar to the winter's Taking personal responsibility. 11 Town Counci1091906 Attachment A Higher wages so that crime doesn't become tempting. More long-term employees. Less of... -70 impact on Vail (6) Mag chloride /dirt (3) Parking Issues /Safety concerns (1) Jay walking "right of way" Drunk Driving (high season) Arbitrary regulations that prevent resolving safety concerns & issues Officers on Bridge Street @ night and instead utilize them in different parts of the community Drugs Angry cops Limited lighting on certain bike paths Exclusivity; gated communities; clubby-Hess. -70 impact (2} Dead trees (2) Trash fed bears. No dummies for police. Carelessness and. aggressive behavior Less of a transient workforce Value I: Intellectual Growth is Essential to all More of..: Culture & the Arts - a key component of Intellectual Growth (10) Senior Programs (2) Venues or facility for spiritual growth outlets (non-religious) i.e. Tai Chai, yoga, 12-step programs, etc., which helps individuals eliminate the ego in life! (2) Facilities and building that support educational /learning opportunities (1) "Higher Education" exposure (1) Closer public linkage to VMS Language programs Teach the value and importance of Intellectual Growth (education) to Everyone (including immigrants) Recreation is key to well-rounded intellectual growth Small Business Owners Educational Programs Expanded extra-curricular educational opportunities Maintain and enhance life-long learning opportunities available through the public library system Affordability and accessibility Additional outreach opportunity Tap into Community Resources 12 ~~ ' Town Council 091906 Attachment B Vail 20/20: Community Vision Workshop results All statements voted upon at the meeting utilizing dots are notated with "+"(green/1 agree) or `=" (red/orange/1 disagree) signs. Statements followed by a single number in parentheses without a "+/-" sign simply indicate the' number of times that fact was mentioned for that category. Please note that repetitive statements occur across topical areas due to the format of the meeting. Web comments have been notated using italics, since these statements were not voted upon. Culture Education Likes • Many Venues • Bringing world class acts • Events/rec bring valley locals back into Vail • More money is spent in village b/c events are low cost • The Amphitheater • Beaver Creek Children's Theater • Encourage part time and retirees to reside in this town. This demographic group has a great deal of expendable income. Continuing education is integral to this demographic group. Continuing education is easily attained and can be the focus of the library already supported by the Town. • It costs less to educate older people voluntarily. Fewer programs mandated. They can help pay for it. • More income to be infused into Vail's economy. Increased number of people leads to better cultural opportunities. • Sounds fine. We dons need young families for this town to function. That is a total myth that gets repeated for no reason. • That is where Vail is headed with all of the rebuilding. • Greater demand for continuing education is a great thing - it stimulates the town and the valley to have continuing education programs here. • INCREASED NUMBER OF FULL TIME RESIDENTS /S A POSITIVE THING FOR BOTH COMMUNITY AND ECONOMY • .Reality but children's needs still need to be addressed as guests. • I'm sure I will benefit from this trend -high-level continuing learning is one of the few things I've really missed since 1 moved here. • Should be good for the economy. Most of the volunteer work seems to be done by the older generation at this time. Their children and grandchildren are more apt to follow in the future. • Educational programs such as those offered by Vail Symposium. • Continuing education is wonderful. People should never stop learning and using the knowledge for the benefit of the community • CMC should have a Campus in Avon....we need good courses in photography....we have the talent here • Increasing number of part-time residents and retirees with greater disposable income Town Counci1091906 Attachment B ~ %~ • This outlook sounds as if it would be gaod for local business and reduce the school districts need for mare and larger schools. • People have more time on their hands to give back to the community. • Not a whole lot • Let those who want the continuing ed pay, lE lots of on line courses, there is only so much land for use in Vail, see above, poor use of a limited recourse, that is why there is no local college • l'd like to see older people in Vail as 1 age myself. • l don't believe we will have a reduced number of school age children • Demand for quality education - we need to have high quality education opportunities for all ages of kids so that families will stay in Vail. The best education can't cost a fortune at a private school - it needs to be found in public schools. • Continuing education is important! • 1 think part-time residents and retirees can and do add a lot to the community. • Nothing • Vail is getting greyer which is truly regrettable.... Who wants continuing education? Vail is not for family residents... unless they sacrifice to be here!! • I'm surprised by this outlook, especially the part about reduced number of school age children and increasing number of part-time residents. 1 would have guessed the opposite. Dislikes • Venue/Event conflicts (2) • Venue costs could prohibit future events at low costs • No indoor cultural facility (2) • Lack of shows for the 20yo to 30yo subset • $35 million in foundational assets vs. $300 million in Pitkin or $580 million in Teton • No large concert or event venue • Shifting of kids down valley • Infrastructure which supports continuous event activity • No multi-use facility • Tough for tourists to find parking • Scheduling issues with the athletic fields and the Amphitheater • Teachers not wanting to stay here due to difficult students and language difficulties • Can't bring outside liquor into venues • Fewer kids around removes a robustness to the community. • Again, no more community as more full-time residents move down valley • Opportunity for continuing education in a classroom setting is relatively poor; however, more people may lead to greater demand and the possible introduction of new cont Ed providers in our area. • Reduced number ofschool--aged children -where are the families going??? That's an integral part of our community. 2 ~` Town Council 091906 Attachment B • Fewer families, less children, more retirees and more part-time residents mean a more boring community. Part time residents do not become involved. Fewer families mean that the fawn itself will have no heart. • NO CH/LDREN IN A COMMUNITY IS A SAD OUTLOOK • Not sure continuing education is Vail's business. Our property taxes pay the majority of the costs of CMC (which is not longer convenient for Vail) and the public education system which is terrible. • Very little negative, as long as new programs aren't too expensive. (The cost of a 4-day seminar at the Vail Valley Institute, for example, is several thousand dollars, so of course there are few if any locals in the annual group of participants.) l do think this trend, however, will result in more families moving out of town. • While families are forced to live down valley because of costs, our down valley schools are becoming crowded while Vail's schools are becoming emptier. • We'd start loosing a sense of community. We have no continuing ed, closer than Edwards. • 1'd like to see more full time residents using their income within the community. • May become a less vibrant community. In reality 1 believe that the demand for cheap labor will result in a greater demand, on and, for all social services within all mountain counties. Many retirees have skills and experiences thaf could benefit our youth. A community without kids is a dying community. While retirees and part-time residents can provide diversity and support in various ways, 1 believe without kids growing up here we will see a sharp decreased in vested adults in 20 years. • 1 hate this; this is the reason for the prices here. Families can't afford to live here • With less school-aged children, will quality education suffer? If so, that needs to be addressed. • 1 think we need a larger population of seniors and I'm not sure if that will ever happen given the altitude and health issues that older people have here in the mountains. Increase in part-time and retirees with high disposable income -the young full time residents are being driven out of Vail. Vail will die and lose all of its life if only part, timers and older people are living here. If young people and families cannot afford to live in Vail -where is the sense of community? • Concern with reasoning for reduced number of school-aged children. We need to heighten the quality of our schools in order to draw more families looking for top education along with all the other perks of the Vail Valley • Wow! 1 get to live in an Old Folks home populated by rich white people. Fun! • It narrows who can live in Vail and what people bring to a community. There needs to be more individuals with diapers...not depends! This seems to lend itself to less sense of community. Recommendations • Picnic in park before events • Full scale arcade (2) • Imax theater (2) • Ice carving competition or Snow Show • Represent all culture/races in marketing materials and programming choices Town Counci1091906 Attachment B '`~ • Get well known names for concert series • Organize family friendly events • Pursue a more relaxed feel • Apply the same rules to everyone • Utilize Golden Peak for events (3) • Offer a locals discount/savings events (2) Provide more day time family concerts • Provide open rehearsals as educational element • Open magnet school/choice school • Utilize knowledge of part-time residents • Provide employee housing on Red Sandstone site • Encourage lodging businesses to participate in off season discounts • Construct a meeting space/venue for non profits (1) • Use Red Sandstone in the evenings for higher/continuing education • Provide a CME location in Vail • Build amulti-use cultural arts facility that can be used year round (9) • Provide a facility for 12 - 18yos • Market the events to other communities • Extend the artistic offerings of the summer season • Provide more variety in the musical offerings (1) • Utilize different venues • Provide a community arts teaching facility • Bring children's theater to Vail • Look at area between Middle Creek and Red Sandstone for parking/skate park/concerts • Look for alternative transportation options to events • Offer more continuing education (1) • Bring in bilingual teaching force (1) • Pay teachers better • Construct a year round venue • Attract better teachers by offering housing (1) • Discount venue prices for non-profits • Provide a valley side events calendar • Provide a world class enviro-educational infrastructure (5) • Market Nature Center as an attraction • Provide talks/open mic times at library to talk about revolving topics/problems (2) • Rent children to spend time in the village. Just kidding. • More housing...but where? • if there is a demand, market will supply • Sounds like a good thing for a community. • Expand CMC to meet continuing educational needs. Establish far-reaching (regional, nafional or global in scope) volunteer opportunities to all of the part- timers with time and disposable income on their hands • CONTINUE TO PROVIDE RECREATIONAL OPPORTUNITIES FOR CHILDREN AND FAMILIES- SWIMMING POOL, MOVIES ETC. . • Disposable income may quickly be reduced. You cannot design for one group as any world event can. quickly change who our guest is. Education as more of an 4 Town Council 091906 Attachment B entertainment or interesting thing is good like the Vail Symposium...sort of an extra-added aftraction. • Get CMC to offer some decent, intelligent programs for adults who already have a college degree. Expand the scope and topics of Leadership Vail. Valley. We need to find ways to bring part timers "into the fold" and not just be on the fringe of the community. A Community Activities/recreation Center could fill some continuing ed. requests. Have affordable housing with enough bedrooms and young ones will stay. • Anyone with greater disposable income in the community is a plus. 2- CMC is doing a great job at expanding with the community's needs. 3- If a resident's priority is being in an area with lot of school age children there are a lot of communities in the area they can settle in. • More reasonably priced places to eat, clothing stores, and incentives to workers who continue their education? • Offer education to commuting employees' children. The resources exist. Workers will be closer to their children and could work an hour later if they can pick up their kids here, then commute home. • Coordinate with Avon/BC to offer a fuller line-up of cultural programming, year- round; aftract campus of CU in Vail Valley, perhaps in Edwards • Why not enlist some folks to volunteer to present classes? Keep Red Sandstone at all costs. Continue. to support VMS. Continue to provide activities that bring the rest of the valley to Vail. • Add greater demand for year round cultural activities available to diverse community. • Vail Resorts and Town of Vail need to provide more incentives for people to move to Vail on a full-time basis. This will provide a better quality of life as exhibited in larger communities across the U. S. • More affordable senior housing in Eagle. County • Recruit and pay teachers well to come teach in our schools. Maintain the highest levels of educational requirements in our schools. Provide more "advanced learning" options for children who excel. Affordable places to live in Vail are fhe only way to keep the young singles and families living in the town. Just as the town sponsors different sporting events, educational events should be designed with an eye to increasing tourism. • 1 think that part-time residents would appreciate more events /activities for seniors, especially during the summer months. These events could be cultural and / or recreational. There are many part-time residents that use the Vail Library in the summer -there have been inquiries about bridge club, chess club, table tennis, bingo, dancing etc. • Deed restricted housing for FAMILIES WITH CHILDREN • It is easy to say affordable housing...but this time it is true! • More affordable housing for middle-class families. 1 have seen too many families leave the valley because they cannot afford to have kids or buy a house here. Development Likes • Public/private infrastructure is being renewed • The town if involved with the way development occurs (2) Town Council 091906 Attachment B • The town is built out so future development will be better • More development in Vail to prevent sprawl down valley • Incentives for redevelopment create consistency • Vail stays committed to O. S. • The future does not include closing businesses down • Non-vehicular transportation options • Vail Village is unique • Participation on all levels, whether it is antagonistic, informed, visionary or ignorant. American dialogue. • The more owners we have the more stakeholders who will work for and pay for success. Good master planning. Incredible amount of energy and capital is being invested in the town. • As long as it sustains this community, I'm okay with it. If it impacts the small-town way of life, than I might complain. • Sounds Great! • Opportunity to correct mistakes made in the past as well as to improve many things • This is just what happens in a growing community. Consider a community such as Georgetown, Washington, DC. It retains its charm and deals with all of today's problems. l recommend Vail consider some sort of "historic district" (obviously not old enough) but a set of standards for building and land use • Good that there is redevelopment as opposed to new development -lets keep the space we have open. • I think that many of the buildings that are being redeveloped needed it - no one wants to come to a town where the buildings look like they are in need of an overhaul. This will allow things to be built that the town planners years ago did not think of or did not exist. The industry is changing, and if the ski season is going to be cut short, we will need other things to bring people to Vail. The redevelopment should be planned to help with that. • VERY LITTLE- THE BUILDINGS ARE BECOMING TOO LARGE! THE MIDDLE CLASS WILL DISAPPEAR AND THE CHARACTER OF THE TOWN /S BECOMING MORE AND MORE ELITE. • Not much. Dons Think they are really accurate or appropriate statements for this discussion. Of course, construction costs are going up... so is the cost of a gallon of milk! It is good to have buildings renewed and most of the building before Crossroads is good and appropriate. 1 believe Crossroads goes over the line and that continued "redevelopment" of that size will be negative to Vail's future. • Helps property values. Keeps interest high with guests as they want to see what is new. WiI! keep Vail a first class resort/community and competitive in our markets. • 1 do like to see the redevelopment of aging buildings, especially the ones that weren't done well in the first place (think Lionshead). • Change takes place whether we want it or not. The Ute Indians probably said "there goes the. neighborhood" when the Homesteaders arrived! We're getting services and products that eliminate our going to Denver. If services remain competitive, 1 prefer working with locals. if they judge everyone by the multi millionaire part time homeowners, I don't like it! Redevelopment is necessary because we are an "invented" town rather than a historical one. 6 Town Counci1091906 Attachment B • 1 like that we are redeveloping what we already have and not taking up any more land or natural resource. • Completed construction • Redevelopment and capital improvements; Redevelopment, rather than new development, is occurring in Vail; • So far l think Vail has done a good job with the redevelopment although we have lost some of the character of Vail moving closer to Beaver Creek-more urban look than /would like. • Redevelopment will be more pleasing to our guests by providing quality accommodations and more services. • More services and amenities for all. • The opportunity to control our future. • Nothing • OK... this is "business" that we have to have to stay a viable resort • Nothing, I gain nothing from the construction changes. • My property values should keep rising • 1 don't mind this scenario. We are re-using our resources, which is good. We are not expanding into National Forest areas unless needed. • KEEP PEOPLE Working • I think the re-development has to happen for Vail to stay competitive • Vail is going to be "like new" sometime soon with all the beautiful new development -that's exciting and much needed to continue to compete. • Way of life here. Need to use the money in the coffers to re-do Timber Ridge and what not. • 1 like re-development... Vail is developed enough! . • Some really ratty places will be improved • It is realistic • Redevelopment and increased construction cost could lead to more thoughtful calculated development and create a more competitive environment for builders, architects, developers, etc., so That quality standards may rise. Dislikes • Lack of focus on carrying capacity (water, sewer, transportation) • Using SDD's so frequently makes zoning useless and unpredictable • The imported aesthetical quality of the Town • A rush for redevelopment exists in spite of finite resources • Not enough green building techniques/incorporation • Isolationists • Lack of EHU enforcement • Lack of a drug store • There are no setbacks, but buildings exist lot line to lot line • Too much of current redevelopment will result in unoccupied units (1) • Bureaucracy of development review process • GRFA regulations guarantee set outcome when developers try to maximize dev potential • Developer ask for too much, knowing they will have to negotiate down (1) • Notification process does not fully explain what is being proposed • Parking under buildings 7 Town Counci1091906 Attachment B • Buildings are not built to last • PEC and DRB meetings during the day • Design review process is not rigorous enough for big projects • Design review process is too rigorous for small projects • No good gathering place in the Village • The conversion of warm beds to cold beds • No required rental program • Fractured ownership arrangements make redevelopment more difficult • Arrabelle too big (2) Whiners and complainers who are non productive. • It just about kills the locals' ability to buy. • Big crazy buildings everywhere. • Temporary inconvenience during construction • Hate to see all of "old" Vail torn down to continually be "state of the art" and cater to the ultra rich. 1 really enjoy skiing in Europe and the ambiance of the old buildings. • There is a certain charm to coming to a town that has not changed much since the 60's and 70's, back when skiing was becoming more popular. There is something almost romantic about coming to a town that has not changed. • This is really new development. Using the term redevelopment just gets.around the regulations. Add ons and scrape offs are two different things but are called redevelopment in Vail. See above box! • The constant construction, noise, and dirt. • Vail will not compete well with newer down valley ski and golf resorts as long as we allow developers to market primarily to wealthy 2nd home buyers. Resort development will push out permanent residents and destroy neighborhoods. 1 also see the influx of out-of-town developers coming to the valley to max out resort development (think Knobel, Ginn, Kummer), without any emotional attachment to the community (regardless of what they avow). I hate these big scale, high density projects for part-time absentee owners. 1 feel exploited as a community, not benefited. • Rising property values are hurting the local. • Down valley is starting to look like Long Island and other suburbs! It's getting difficult living around all this construction and it's annoying to go into town and try to have a quiet patio lunch. • Under the current procedures, big developers can get huge variances from the zoning guidelines through SDDs, while individuals have their feet held to the fire to absolutely conform to guidelines. Square footage requirements are grossly overly complicated and should be drastically simplified. • I think it's good to have some buildings that are originals since Vail was founded. It makes us have a history to tell visitors about. • Losing the small town feeling • We will have more and more development and thus congestion. Vail is great - it is a resort community created for people with money to invest & play. But the impact of Vail costs increasing is to make the rest of the valley's costs also rise, which hurts the average person making average money who also seeks to enjoy Vail Resort. • We have to say so long to the village environment. 8 Town Counci1091906 Attachment B • Skyrocketing cost of housing, more exclusive housing, more divergent populations (locals and tourists). The exceptions and concessions that are being made in order to facilitate the redevelopment. • All of it • High costs drive away diverse people • With the exception of the completion of the redevelopment, this sounds like the present. It all benefits a few at the top. The cost of property will be so far out of reach that only corporations will be able to afford the property. At the rate things are going, 1 will never be able to buy property in Vail. • 1 am afraid of eminent domain like in Connecticut • High construction costs are very concerning to me as it becomes unaffordable to live in the Vail Valley. • MORE SPRAWL, MORE POLLUTION MORE PEOPLE • People equate "low buildings" with a small charming atmosphere. This is not where Vail is headed; it's the natural evolution of property values and development. • There's still a long way to go and a lot of redevelopment that is needed, but because it's expensive and difficult to get approvals, they may not happen. • With development comes greed. Little is being done to force developers to include substantial deed-restricted housing stock. • The same development companies control most of the big projects. They make huge profits while returns to the town of Vail and the local population are meager. Why are the bids for Lions Head parking closed with only 2 bidders? Vail is a world wide destination. We should be considering bids from across the country as well as internationally. Bids for projects such as the parking structure should be made known to as many people as possible with a bidding period of at least 6 months to a year considering the long term implications this will have on our town. • Everything else follows money... which is going down valley... • Some of the redevelopments 1've seen thus far seem like more of. the same- not terribly inspired of forward thinking. Recommendations • Consider creating a historic district to preserve scale of village (+1) • Capitalize on potential of West Vail as a mixed use hub (+5) • Provide more pedestrian connectivity (+2) • Encourage more guest houses for employee housing and variance flexibility for EHU's (+2) • Enforce growth moratorium (+2, -17) • Land use should be multi-purpose (-1) • Allow a max percentage increase based on existing structure (+2, -3) • Plan further into the future (+1) • Place DRB and PEC meetings during the evening • Provide a 1:1 density bonus for EHU's (-1) • Don't demolish Llonshead Parking structure until Lionshead redevelopment is complete (-4) 9 Town Counci1091906 Attachment B • Never seH town-owned land (+2) • Incorporate residential areas behind West Vail commercial properties • Get rid of GRFA and let other standards be the controlling factors (-12) • Amend land use plan first, then zoning (+1) • Hire a 3~d party economic analyst to review development apps (+1, -3) • Require developers of large sites to place employee housing on site (-5) • Negotiate for public benefits on large developments.(+2) • Draft policy that requires architectural consistency (+1, -3) • Draft policies that require architectural diversity (+6, -2) • Establish more view corridors (+2, -1) • Encourage more mom and pop businesses (+3) • Encourage diversity of shopping experience • Encourage more access to Gore Creek (+1) • Consider a max square footage size for houses • Require regular inspections on rental units • Tax short term rentals (-2) • Establish and EHU task force • Draft policies that encourage affordable commercial space (+3) • Plan for next steps after Vail Resorts has finished its developments • Encourage more Green Building construction (+8) • Encourage more warm beds (+2, -1) • Update master plans and Vail Village plan (+3) • Develop a review process that is commensurate with scale of development (+2) • Use transfer tax for employee housing (+5, -7) • Notice DRB applications • Educate public regarding roles of DRB and PEC • Keep asking for comments as you do so very well. • The subsidized development of locals housing seemed to work well at City market • Keep it coming; let's make this the best town it can be. • Proceed with care and encourage redevelopment • Sfick with redevelopment as opposed to new development. More "green" building stipulations for all redevelopment. • Redevelopment is coming, and can not be stopped. We need to stop looking over our shoulder and look ahead, or we will not remain a premier ski resort. Let's make sure that the projects that are coming on line fit in the grand scheme of things and are bringing something fresh and positive to the town and the community. Let's revisit the master plan and make sure that we are working towards the same goals. • PUT THE ENV/RONMENT F/RST AS PART OF DEVELOPMENT AND REDEVELOPMENT PROJECTS • It is bad fo have the emphasis on "redevelopment" rather than the environment for example. Take back the approval process or get people hired or elected who can go by the Town's regulations rather than twisting them to accommodate the developer's desires. Differentiate between what is good for the future of the town and the financial profit of the developer. Differentiate between new development and redevelopment and remodels etc. • Think you are doing well. 10 Town Counci1091906 Attachment B • More protective zoning, comprehensive master planning that we stick to, potential to grant public incentives to assist the right kind of development. If we had had a master plan in place in the village like we did in Lionshead, Crossroads would have been a much better project. • Tax "trophy" homes (over a set square footage) and second homeowners and give a break to the year-round local who works here or has retired full time to here. • Hold off on the Lionshead Structure redevelopment until we're sure about our needs. Finish what's already on the drawing board and move ahead with the Timber Ridge project so that there will be a more affordable housing mix. Move ahead with West Vail. It has great potential as a locals shopping hub • Rework planning and zoning guidelines and eliminate SDDs, so everyone plays by the same rules • This is a nationwide trend. The increased complications to development are not slowing development. Redevelopment is important to keep Vail as one of the top tourist locations. • Redevelop for safety and to change to meet the needs of the times but retain ,some history so people know where we have come from when they visit. • Not sure what can be done. Vail Resorts and others have seemingly unlimited funds to buy every piece of property that they want to re-develop, so it will keep escalating here and then they will move on when it is built out as they are doing by moving to Denver. The redevelopment Co. is what is left here to keep the building going. • I'd like to see us eruct a decade plan. Starting in 2010, we would have NO construction in the town for an entire year. Then again in 2020, 2030, etc: That way we would all just have one year each decade to sit back and enjoy our town. Imagine sitting outside with no jackhammers, dump trucks, and actually have parking for residents and guests. Developers would have to plan for the off year and we could all catch our breath and ENJOY beauty and tranquility that we all SAY we like so much. Just imagine the possibilities!.II • Enforce zoning ordinances more strictly to eliminate run-down, unattractive buildings • Implement smart growth, not no growth. Stay committed to the vision that has made successful so far. Evolution not revolution. • Continue with affordable housing plans -allow big expensive projects to provide open space, community amenities and affordable housing. • We cannot forget the vision and rules which created this town. Period. • Stop development stop paving Vail and (rails let nature be • In the best future, Development and Land use will be an integrated process for the benefit of the whole valley, not just separate interests of the Towns versus the County • Set Boundaries...annual or other that allow growth but do not let it overtake all of us • The mayor needs to pick his position, owner of the largest real estate business in Eagle county, or being the mayor of .Vail. 1 don't see how there is no conflict of interest. • Legislation that would prevent such • More competitive bidding with incentives for the benefit of the community. 11 Town Counci1091906 P Attachment B • EVERY SQUARE INCH DOES NOT HAVE TO BE DEVELOPED. EVERY DEVELOPEMENT DOES NOT HAVE TO OCCUPY EVERY SQUARE INCH OF SPACE • Intelligent land use as well as good architecture that shows diversity in design as well as proper material selection and scale. • The Town needs to encourage/supponlincetivize redevelopment and make it easier to get it done...:. we desperately need it! We need tv all be open to change - we can't be the same thing we were 45 years ago -people want NEW and we've go to deliver! • Do not try to play with economic forces that are beyond fhe city government and that will have unintended consequences. Supply and Demand do not work quickly enough for some people, but they will work. Leave them alone. By putting restrictions or incentives on the market people will just make up new ways to "play the game. " • Minimize new developments • Ha-ha! If you don't know by now, you haven't been paying attention. Developers of major projects must include PLENTY of deed restricted housing. They'll say it "costs too much" but they are lying. • Governing bodies could take field trips to other communities that are developing or redeveloping in innovative ways and study what works and doesn't work to apply in Vail and Eagle County. Recreation Likes • Town hosted picnics • Leisure time activities • Bike paths • Hiking trails • Donovan park • Variety and number of activities (2) • Ford Park/Amphitheater (2) • Alpine gardens • VRD is not solely focused on golf • Best ski facilities • Summer mountain bike series • Dobson Ice Arena • Golf course • Running races • Rec/youth soccer • Adult leagues • Summer activities • Again if you have informed, educated, forward looking persons in private and public sector the answers will continue to come as they have for the last nearly 50 years of Vail's history. • 1 think it's still aski-driven economy. What happened to the skateboard park at the top of the Lionshead parking structure? We could continue supporting niche 12 Town Counci1091906 Attachment B sports like this, 1 suppose. However, top-of--the-line skiing is still the economic and recreational engine that drives everything else. • 1 live here to recreate... the more the better. • Change is good; it keeps the business sector on its toes to continue to offer the best experience to our guests. Increased demand allows us all to enjoy a breadth of activities while still earning a living. • This area provides endless opportunities for recreation, many options already available. • We already have endless recreational opportunities - do we need to add more and what would they be? • This will keep Vail from becoming stagnant - as Vail will be changing along with it's guests, or lose business • We ARE in the recreation business through the VRD. Not enough emphasis • Provides new opportunities. • Again, 1 will benefit from this, as the population ages and new forms of rec are developed. • With the high speed lifts guests (and locals) spend less time on the mountain so they need more diversion in the Town • Change is good, stay with the times but respect the past. • Opportunity for recreational development and attracting visitors to Vail. • A fluid demand will require a fluid approach- this should keep things fresh. But for the next 20 years l believe people come here to ski - that is our identity. • Property values will go up • As long as Vail has mountains, it has a great advantage. Again, technology can play a part in improving what the area can offer in terms of diverse activities. • 1 like that we are now a year round resort that offers many opportunities for new businesses • It's fine. None of these people will be climbing up into the Gore Range to ski avalanche chutes in the winter. • We have to adapt to the expectations of our future visitor...meaning offer new recreational experiences. Having more options of things to do is a great thing! People will be looking for more. than just skiing -there needs to be many options of things for varying demographics to enjoy and continue coming back. • Wider variety of recreation opportunities • !will believe it when /see it... • It offers growth possibilities • I like that the summer season will become more of a focus for the valley, and it will likely lead to more improvements to trails, bike paths, etc. Dislikes • Summer mountain is inferior to winter. • Marketing information is not dispersed well (3) • Red sandstone gym is inferior • Youth services • No Imax • Family market isn't capitalized upon • No activities center • Skateboard park • VRD has no money . 13 Town Counci1091906 Attachment B • No zip line, rope bridge, or ropes courses • Athletes aren't developed locally as they are in Steamboat • Sponsorship funding is diverted • Operational costs should be less • No centralized info center • No aquatics center • Lack of indoor rec opportunities • Lack of year round rec opportunities • The "mountain town" image has been lost • Affordability • Children/teens have "nothing to do" in the evenings • Recreation may no longer be the 1St thing that comes to mind when "Vail" is mentioned • Vail Valley Drive intersecting the golf course by 4th hole • No contiguous bike paths • Noise from I-70 while on the golf course • Noise from I-70 while hiking/recreating • Dobson is not used to its potential • Athletic tournaments conflict with Bravo events • Don't get distracted. • Not sure. • The town pays big money for certain recreation facilities/programs that are not well used. Greater spending should be directed to programs/facilities. • Increased demand means more impact on the land & rivers. • 1 don't think it necessary to provide increases for all forms of recreation. What happened to hiking, fishing, etc. which is why we are here? We shouldn't be concerned to have all of the amenities of a large city. • Some people do not like change, and it will be hard for some to come to terms with it. • We can't be all things to all people so we have to figure out what to focus on and do it the best but still with a large variety. I think we often forget the guest while serving down valley. • Don ~ know. • Those who think Vail can be all things for all people • Doesn't bother me. It's a fact of life... change! • We can't forget about where we came from and increased recreation could mean increased deterioration of our natural facilities (i.e, forests, lakes). • Overcrowding and increased pressure on the environment. • Too vague • It will cost more to play in and visit Vail/ • I have ranted about how poor the lower level workers are treated here. Something needs to be done about. housing. Maybe its time to redevelop the mold infested Timber Ridge. Look into some other housing options. • It's scary if we don't adapt and offer a variety of experiences. Our competition is going to blow us away. Vail will most certainly try to be all things to all people. • 1 dream for this to happen...but l don't think it will come true! 1 sort of like that it's not as crowded here in the summer. 14 Town Counci1091906 0 Recommendations Attachment B • Develop a world class youth program with sponsors • VRC should be present on Vail mountain during the summer (+1) • Marketing effort with major media mediums (+5) • Better maintain bike paths • Map bike trails • Increase variety of venues (+3) • Coordinate Bravo with soccer field events to avoid overlap • VRC should do more long range planning • Events and recreational opportunities should be consolidated using a central info resource • Build a community rec center (+5) • Consider a regionalized approach to recreational programming and facilities (+3} • Program evening activities for those younger than 21 yrs (+1) • Construct an alpine slide (+1, -3) • Build an Information Center (+2) • Form a Guide Service (+2) • Build a high altitude training/rec center (+1) • Build a swimming pool (+1, -10) • Promote the mountain town image • Promote the Teva games • Protect rivers and waters • Promote mid week skiing with locals deals (+2) • Maintain the quality of Vail mountain • Get recreational info to guests in private homes and condos • Build info kiosks (-1) • Get back to our #7 ski area ranking • Need a swimming facility and recreation offerings for the increasing older-aged demographic. • Creatively meet the changing demands • Grow the number of recreational activities/facilities, without harming or neglecting current programs/facilities. • Have a good plan for managing the forests, mountain, streams, etc. that will protect from increased impact and demand Leave a few things as they are. For example the concerts at Ford Park should be outside. Once the roof is complete they will probably want it heated. Suggest leaving a few things to the cities that people come from. • Steps MUST be taken to formalize a relationship with the VRD that works and is consistent in its direction regardless of who is on the board. Ultimately, it will be best to dissolve the VRD and have recreation be a separate branch of town government. It worked well that way in the past. • Avoid great big facilities that depend on intensive tourism to pay the bills (like the big water world proposal of some years back). Encourage cinemas, artists, learning opportunities as a tourist draw -less active recreational activities that don't require 30-something athleticism. Revisit The Vail Town Center concept instead of possibly selling the Lionshead Structure for private redevelopment... As proposed it will do nothing to enhance 15 Town Council 091906 Attachment B the sense of community and will tip the balance onto being a Resort and minimize being a Community. • Capitalize on our strength-Vail Mountain • Take a good look at the very popular tourist sites and make note on a constant basis of the wear and tear. Maybe we should begin to limit access to certain times of year or employ people to keep a closer tab on what people are doing to deteriorate it when they are visiting these sites and impose fines. • Use recreational activities to educate visitors about how to respect the lands so they will be here for the. future. Creative marketing to entice the next generation to make Vail one of their favorite destinations Keep a good balance between development and the environment. • We know that the Baby Boomer women will ski less. We know that fhey will want other forms of recreation. We also know that skiing and golf are financially out of reach for many locals. • My recommendations are very limited. Vail needs to hire consultants, do studies, and decide what options there are that can be taken to improve the area. • Look for opportunities in new and redevelopment fo offer more recreational activities to all demos! Focus on our strengths, which is outdoor recreation. • Vail has not done enough to bring in alternate forms of recreation... they blew of the x-games and gave it Aspen, where is the mountain bike championships. We got one kayaking event, one really good snowboard event (the Session) and a bunch of boring ski events that no one goes to. Transportation Likes • Hybrid buses • Flexibility of bus routes • Roundabouts • No traffic signals • Free ECO bus day last year • Old time idea of "coffee and muffin reward" for transit use • Idea of 1-70 tunnel • Free transit • Multi-modal transportation centers • Bus driver/guest service • ECO transit • High transit utilization • Structure/covered parking • Paid parking • Pedestrian mall • Service for special events • Bus GPS/next bus system • Idea to move S Frontage Road at West Lionshead 16 Town Counci1091906 Attachment B • Eagle County Airport flights are critical. Bus system for down valley workers is critical. • Nothing . • Opportunity to improve transit options. • If this all comes true it means people are still dying to come here and we are still crowded and in business. Great news. • More flights into Eagle Airport • This outlook has Vail becoming busier than it currently is • Very Little • Reality. The airport pulls people from 170...not the other way around. • Visitors=$$$ • It's realistic • More flights to Eagle airport • More flights into; Eagle would be great! 1 would even consider flying instead of driving to Denver. • 1'll be able to get better flight choices without driving over the Pass to Denver. • If true, more air service would be good. • Opportunity to be a model community for transportation alternatives • Opportunity to solve these issues with the environment in mind. • Property values go up • A greater demand for transit may spark more transit opportunities • More demand for EGE airport -but we need to meet the demand with more flights and airport improvements over the years. • .Nothing. It sounds like a major mess. Why go to Vai! when 1 can enjoy that kind of traffic mess at home for free! • Bad for everyone. No heart/soul to the community. • Nothing • Again, nothing! • 1 would love to see more non-stop flights out of Eagle, and to see more use of mass-transit. Dislikes • Wide roads (near safeway/vtrc) lack of air transit into Eagle in the summer • Inadequate noise mitigation • Lack of information for 1St time visitors and lost tourists • Entrance into the parking structure needs striping • Lack of enforcement on jake brakes • Lack of signage for in town buses • Congestion due to construction • GPS/Next bus signs are not accurate • Lack of Greyhound service to Denver/DIA (10pm service gone) • No monorail to Denver/DIA/Eagle (2) • I-70 noise (2) • Buses are too full • Construction parking in structures • Ski racks need updating for twin tips 17 Town Counci1091906 Attachment B • Stinky buses make it difficult for the pedestrian • No year round paths to walk from East or West Vail into the Village • Parking on the Frontage Road (2) • Projected 20 - 30% traffic increase by 2020 • Infrequency of West Vail buses • Left turn out of West Vail mall • Confusion in roundabouts regarding inside vs. outside lanes • Buses run only in the lower valley, not along upper roads • Everything • More Traffic • No one likes traffic, but I doubt we will ever see real traffic here. • Increase of traffic on 1-70, increased demand for parking when it is not available right now, greater percentage of employees living outside Vail • Everything -there is a lack of parking now, that has not been addressed, and my guess is that taxes will need to be raised in order to help to maintain the roadways better. • Carrying capacity is not referred to. This is a limiting factor in Vail's growth that is being ignored. If all of the empty condos we have and continue to approve are filled we will not be able to drive for groceries or anywhere else. IT /S WAKE UP TIME AND TIME TO ENFORCE THE TOWN'S REGULATIONS WHICH TOOK CARRYING CAPACITY INTO ACCOUNT. CURRENT DEVELOPMENT APPROVALS ARE IGNORING CARRYING CAPACITY WITH THE HELP OF DISHONEST CONSULTANTS. • Looking at the truth! • Increased traffic on 170 parking shortage • More commuters equals more traffic equals more deterioration of the environment. • Increased development down Valley will more likely increase locals driving into Vail, as we have already seen. if you can't afford to live in Vail, you are also more apt to work closer to where you live, causing more of a shortage of local workers as well • If you are actually able to write this with a straight face, 1 find it absurd to say that we will have a 1000 parking space deficit and yet you are willing to let Lionshead parking structure be redeveloped with less parking spaces than it has today. What kind of twisted thinking is this? • The jump to tear down the Lionshead parking garage is absurd and now thought out at all.... there are some people who want it for their own participation.... too bad... be brave and fight these interests • Everything else • Noise, smog and other single car effects. • The impact on quality of life. • Don't understand what "Level of service on Vail's roadways will decrease due to increased traffic" means. • Longer lift lines • Nothing • Given the amount of people who commute from the airport and "down valley" communities, traffic is only going to get worse. Factor in the "one road" aspect of Dowd Junction and the winter weather and we have a big problem. • A lot - we need to fix I-70, parking and commuter traffic now! 18 Town Counci109190b Attachment B • Everything. • Level of service on Vail's roadways should increase! cost for parking should not increase! • Increased cost of anything worries me as it is already quite expensive to eat/stay/ski here. • Everything. Recommendations • I-70 Bypass (+12, -6) • I-70 Rail line (+5, -2) • Electric/hybrid buses (+1) • Remote parking areas (+4) • Mass transit to/from Denver/Eagle County Airport (+12, -5) • Consolidate West Vail bus routes: • Enhance regional transit service (+2) • Provide free county transit • "Back" entries at West Vail • Separate bikes from pedestrians on Frontage Road • Correct arrival signs (GPS) at bus stations • Signs for in town/other bus routes • Control construction activity limits • Use existing rail line • Define parking areas by colors/animals, etc. • Increase transportation taxes • Encourage employee carpooling • Explore Greyhound service to Denver/DIA (10pm) • Charge for parking on Frontage Road (-4) • Bury I-70 • Explore low noise pavement • Peak day transit service embellishments • Require lodges to provide shuttle service (-4) • Parking at Ford Park below ball fields (+21, -1) • Require more public parking of new developments • Accommodate construction parking outside of structures • Improve ski racks on buses • Reduce speed on I-70 to Dowd and beyond (-6) • Put a roundabout a West Beaver Creek lot • Provide transit to/from Summit • Enforce jake brake law on I-70 (+1) • Provide more employee housing for less commuting • Construct parking and a lift in East Vail (+1) • Do a streamwalk in Vail Village (+1) • Provide a connection from Glen Lyon to Matterhorn (-1) • .Encourage biking to work • Construct more berms with CDOT • Provide incentives for transit usage • Provide noise mitigation between I-70 and Ford Park (+5} 19 Town Counci1091906 Attachment B • Have a dual speed limit for trucks (lower) and cars (higher) (-1) • Provide more summer air service (+1) • Provide taxi/shuttle pull offs • Provide additional 1-70 crossing (+1) • Provide improved wildlife crossings (+1) • UP RR service • Provide town map at parking structures for visitors • Provide clear signage on exit ramps as one approaches the roundabouts • Widen roads under I-70 at IC's • Provide parking at Middle Creek • Provide alternate access to Golden Peak • Require VR to construct 1,000 parking spaces (+2) • In town rail system • Increase height allowances of development to allow for more parking (-2) • More restrictions on private cars; more public transportation; rail is sexier than bus. • Rail system • Provide adequate mass transportation for employees-traffic congestion is inevitable- its the same everywhere • If parking is not available, people find other ways to arrive other than by car. It works well in many communities that want to restrict cars. • Light rail, affordable housing, bigger parking structures -how about no conference center in Lionshead and adding to the parking capacity instead? • Rail from Denver, more parking, under Ford Park? West of LH? INCENTIVES FOR. LOCALS AND WORKERS TO USE FREE BUS- WE'VE CUT SERVICE /N MANY CASES TO A LEVEL WHERE 1T REALLY ISN'T CONVENIENT ENOUGH • OUR GEOGRAPHY DICTATES A LIMITED CARRYING CAPACITY. IGNORING THAT WILL DESTROY OUR ENVIRONMENT, OUR TOWN AND OUR QUALITY OF L/FE. • Monorail and reasons for people to take mass-transit. Right now, it is cheaper to rent a car versus commercial transport, even if it is just for one person. • We MUST launch astate-wide effort to get mass transit in the 1-70 corridor. The airport will never be capable of bringing in enough visitors to support Vail's tourism industry (besides, air fares will go through the roof too). We should not allow dense development in any areas of the town or county that is not served with local public transit, and we should vote to pay whatever it takes to support a high-quality bus system. Encourage dispersed reservoirs of parking outside the core, with frequent multi-modal transit connections to make them convenient). The Confluence site in Avon, connecting parking to a gondola to a chairlift, is a good example. I-70 is obsolete and unsafe especially Down Junction. This is a State CDOT issue and needs to have pressure put on them and the Federal Government as it's an Interstate. Get after the politicians and lobbyists! As for parking, is there a zone restriction on the asphalt adjacent to Ford Park that now has paid parking? If not, then build another structure and put aCommunity/rec/activities Center on top of it. Vail Resorts is part of the problem, so they should be part of the solution. 20 Town Counci1091906 Attachment B • Redevelopment of Lionshead parking structure should emphasize increasing number of public parking spaces • I-70 has a lot of capacity left in the area for commuters. Eagle county airport will need to expand in the future, but should be supported by the area it serves. Not just the town. • Cheaper flights...car pooling incentives, tax breaks, etc.:. • It comes back to affordable housing again. • Slowdown! Lets think about what our needs our now and for the future. Once we give this property away we will never have it back. We need parking; we do not need anymore condos!!!!. • Research alternate transportation from Front Range, even to D/A, such as a monorail. It would be better for the environment, and more convenient and less expensive for visitors. • Require all new apartment and hotel construction to include more parking spaces than needed for their own residents or guests; offer incentives to airlines to decrease fares into Eagle • Concerted effort by all levels of govt. Working to solve the problem Transportation alternatives! • My father always says if parking is our biggest problem then we are on the right track. I tend to agree with him. • Improved county wide public transportation. • More public transportation from the Airport is needed to keep the rest in line; cost from Airport to Vail is obscene. No one takes a small dog, makes for big deal here and no where else, why? • Hire consultants! Get the studies- done and decide from the options what is in the best interest of the town, resort, residents. • WHERE DO YOU PARK THE INCREASED CARS FROM EMPLOYEES DRIVING INTO VAIL GET RID OF THE BUS SYSTEM? IT'S JUST A DRAIN ON THE BUDGET REPLACE /T WITH A MORE EFFICIENT FORM OF TRANSPORTATION. LIGHT RAIL, MONORAIL THRU THE VILLAGE BUILD A PARKING STRUCTURE IN WEST VAIL UNDER THE FIRE STATION YOU REFUSE TO BUILD BECAUSE YOU CAN'T MAKE A DECISION BRING RAIL SERVICE INTO VA/L FROM THE OUTLYING TOWNS THE TRACKS ARE ALREADY TO DOWD JUNCTION • More commuter opportunities that don't depend solely on buses or 1-70 such as a rail system. Also incentives for locals to take the bus or carpool. • Increase the frequency of in-town (including east & west Vail) busses. This will make it easier for people to enjoy the town, easier for people to spend money in Vail. • More employee housing within Vail/Beaver Creek ski areas to decrease the traffic issues (increase of noise pollution and other pollution) • Provide more affordable housing • Charge for parking on the frontage road, rail service up and down the valley, increased bus services, better deed-restricted employee housing programs with PLENTY of housing stock. • Move to somewhere else more livable! • A train or monorail from D/A to Eagle Airport 21 Town Counci1091906 Environment Attachment B Likes • Environment is the cornerstone of the Town's mission • The opportunity to use wood as fuel • The fact that we are the largest purchaser of wind power • Regional environmental efforts • Problem solving efforts • People are thinking of solutions for I-70 noise(2) • The ongoing dialog between the Forest Service and the Town • All four statements are alarming. We can tackle nos. 2 and 3 somewhat independent. Nos. 1 and 4 require coalition-building with like-minded organizations/governments. • 1 like that Vail will be forced to broaden its economic base beyond skiing • Nothing (96) • Pathetic and frightening • Vail Mountain is better situated than other ski resorts due to our higher elevation. • I like the challenges that i-70 noise mitigation provides. Vail has always been innovation and 1 see no reason we cannot solve this issue. • It is honest • 1 hope we can sustain some natural landscapes that make Vail special. • Looks rosy, the world is a changing place • 1 like that Vail is recognizing these issues • We can still do something about all these things • The impact of 1-70 will force change. It will become unbearable. Are you kidding me... ?? • All issues to be considered • A shorter ski season may turn Vail into less of a resort and more of a community that is not so dependent on outside dollars for its well-being. Dislikes • Lack of community gardens in the Town of Vail • Reliance on chemicals to handle problems like snowmelt, cleaning and pesticides • Nothing • The I-70 noise and traffic! (3) • Solving the whole problem instead of part of it • Lack of responsiveness to environmental issues (4) • Fire Hazards • The fact that we are not #1 in recycling • Ugliness of recycling center • Bear problems are. not being addressed regionally • Potential for economic slowing or even catastrophic disaster in the United States. • This would slow or close down resort economies. • Global warming could kill us (2) • All of it (12) • Sounds bad, but is it all true? • Pine beetle/fire risk (6) 22 Town Counci1091906 Attachment B • I am concerned for my future and the future of my children. I want Vail to remain beautiful and healthy. • A less healthy place to live • The fact that it decreases the quality of life for all of us. • Everything • We are more worried about noise on I-70 than we are about more realistically solvable problems. • Longer lift lines • I'm not sure that we can stop nature although there are steps we can take to lessen the impact. • Visual pollutions (major real estate developments!) • Pine beetles are a natural occurrence. As is fire. Welcome to life in the mountains but that's the breaks. • It may hurt us severely economically before things get better. Recommendations • Enforce the speed limit/noise ordinance (+5, -1) • Create passageways for wildlife (1) • Encourage individuals to be instrumental in the pine removal • Prevent algae intrusion • Improved Better Management Practices • Comprehensive erosion control (2) • Use sand to build berms for I-70 • The future is bleak so we must act soon • Remove dead trees now (19) • Fund cleaning of.the creek (3) • Create a comprehensive drainage plan (1) • Develop a reputation as the #1 environmental leader (12) • Provide "fancy people movers" (nice transit) (-4) , • Provide curbside recycling (4) • Enforce green building codes (10) • Address fire station • Allow trucks on I-70 only during certain hours • Provide trash overflow and clean up facility at Ford Park • Require recycling (15) • Learn from other communities • Allow higher density for cleaner air • Provide more employee housing (walk-ability) • Improve bike paths • Provide more environmental education • Bury I-70 and develop that land (4) • Decrease speed limit • Require green building codes for all public facilities • Develop bio-fuel energy from beetle kill (3) • Eliminate all TOV gas-guzzling vehicles • Have zero greenhouse gas emissions by 2020 (3) • Use fewer chemicals on roads (+2) • Enforce reduced lighting within the Town of Vail 23 Town Council 091906 Attachment B • Reduce hardscape; increase amount of green space • Inspect trees so they don't have potential to kill nearby trees (1) • Draft regulations that encourage sustainable living • Build greenhouses which operate on solar energy (-1) • Adopt no-flow urinals (+1) • Conduct a noise study • Use muscle instead of snowmelt to remove snow (-2) • Use solar energy for snow removal (+1) • Begin to develop an economic basis that isn't weather dependent, bury 170, • Try to be as proactive now as possible. Even if we're way behind. • A short term and long term plan highlighting the steps/anticipated steps necessary to ensure Vail isn't greatly impacted by the problems above. A good plan may curtail or even eliminate negative effects of any/all problems listed above. • I think these are potential negative possibilities. Where are the plus possibilities? Most are man-made and can be reversed with creative thinking. • We really need to set the bar with environmentally sound practices throughout the valley to keep a longer ski season & make sure that other recreation options do not disappear. Re: noise on 1-70, 1 think we need to bus people to Vail or build a light rail. Traffic is ridiculous. • Continue to prohibit unnecessary loud truck backfires. Enforce the speed limit. Suggest (not require) better sound insulation. • Global warming -have emissions testing for the mountains - I don't know why we don't. See what other ways we can help to slow this process down. Pine beetle infestation -look into ways to start removing large areas of these trees. I am sure that there will be resistance, but the safety of the community is more important than how part of a mountain looks. Noise on 1-70 -Living here, / guess I am used to the noise, but for buildings in Vail -make sure that anything that faces the interstate has soundproof windows, and stricf enforcement of using the fake brake. • BURY THE HIGHWAY, WORK WITH CDOT AND THE FED AND STATE GOVT TO FlX THE SAND PROBLEM- LET'S GET THE RAIL SYSTEM DONE FROM D/A TO GLENWOOD. BIOMASS? USE THE WOOD- • Let's get realistic rather than being crisis oriented. There are many little things that can be done to create positive outcomes but the town has always been pushed to "BIG SOLUTIONS" rather than a multitude of little steps that have real results. The sand mitigation on Vail Pass is the perfect example of little steps producing huge results while everyone else is still talking about what to do! • Develop a plan for those things you can effect change. • Noise-reducing pavement on the highway; mass transit system in the I-70 corridor; stronger mountain county political coalition to force CDOT to think in more community-friendly and environment-friendly ways. • Global warming has been happening since the Ice -Age. We, as a community, must look for other ways to draw tourists (shopping, dining, etc). We should also do our part to use solar and wind power when feasible and allow private citizens to do so as well (simplify DRB issues relating to solar panels). Find a way to encourage people to carpool 24 Town Council 091906 Attachment B • Global warming and pine beetles are beyond our immediate control. The noise and pollution from I-70 and sedimentation needs study • Sound abatement walls or berms Work with Forest service and Vail Resorts to accelerate removal of beetle killed trees • The forest service is addressing the pine beetle and the DOT is addressing the sedimentation in Gore Creek: The only issue the town may need to address is the noise on 1-70 by ticketing the truckers coming down Vail pass. • Get us involved. Experts can train and the TOV could provide incentives to get people to help. Yes, the incentive should be that it will help the environment but the reality is people want to live for today and sometimes you need to bribe them to get them to help out a little bit. Sad, but true. • Don't heat the streets and build bigger complexes and expect it not to affect the larger issues of global warming. • Use these issues as an opportunity to educate visitors about the real effects global warming will have on their lives. Pair their privilege of being here with the responsibility they have to effect change. • Plant trees along 1=70 as noise barrier; hire lobbyist to work for limits on greenhouse gases; permit controlled burns in forests less talk about the issues that the Vail Valley maybe able to influence and more focused serious action. These issues have been talked about since we have owned property here-about 18 years. We need to slow growth, create more berms and free those berms like in arrowhead along interstate 70. This should be valley wide. • Do something now don't delay-1'm an x-forest service employee and it's going to be ugly when it happens. • Suggest moving forward (again) with idea of mass transit along 1-70 from Front Range to Vail. Rail line, monorail, etc. Something to improve congestion & traffic. ASAP • Plan for controlled burning. Begin with higher elevations and progress toward the valley floor Intergovernmental task force for dealing with these problems head on. • Public education and taking risks to solve the issues • Respect the land • Better public transportation to minimize our impacts on global warming. 2. Implement the USFS Pine Beetle Mitigation Plan. 3. Enforce the construction fencing and no point source pollution regulations 4. Resurface l 70 with the quiet asphalt. • Spend the money to wipe out the beetles... it is the trees that you cannot see damaged that NEED PROTECTING >Build 170 noise barriers...in East Vail especially plant big trees >Ban all wood fires...no grandfathering • More lifts and terrain, connect Beaver Creek to Vail • Most of these hazards are manmade. Man needs to fix them or Vail will not be the special place that it still is. I don't have specific recommendations as 1 don't have the experience/knowledge of how to reverse these issues. Sounds like some environmental consulting would be needed to make some plans. • Green building initiatives, acoustic impact studies and fire education • We have to try to stop the pine beetles and/ordeal with the fire hazard by getting the dead trees out! 1-70 noise and traffic issues are huge. We need to seriously look at covering the highway - they do this in Europe everywhere. We need to look at cutting down truck traffic during key times. We need to look at EGE airport 25 Town Council 091906 Attachment B and encourage more flights and more people using it. Golf courses and unnecessary/unnatural water consumption draining the rivers • Please, Please, Please install pay parking kiosks along the frontage road (see the type used in Aspen and Cherry Creek). When the structure is full, turn them on and start charging people. We are throwing millions of $$$ down the drain and encouraging people to drive, thus increasing pollution, noise and traffic on 1-70 • Global warming... walk don't drive! Beetle kill... cut down the dead trees Sediment...quit using so much...make Vail pass a no zone! Noise...bury the interstate • Clear infested trees. Traffic control on 170-speed limit? • Train from Denver to Vail. More focus on great service (rather than the mediocre to horrendous service that 1 find in most restaurants and shops) so that Vail can become a destination for dining, shopping, etc, in addition to skiing, hiking and biking. Continue to build on the summer season. Economy Likes • Three season (as opposed to 2 season) economy • Great transportation system • Great medical facilities • Increased revenue from new developments • VR contributes $4M to parking • Vail is being reinvented • Economic Advisory Council • Investing in summer marketing • State funding to put Colorado on the map • More parking and housing • Open public/private partnerships • Sales tax revenue generation helps keep properly taxes low (-3) • Events and Activities • Small business opportunities • RETT • Can use RETT for recreation and environmental needs. Visitors are ultimately the ones that pay most of the town bills. • Housing should be solved my market forces as you have described here. • Vail continuing to be an attractive destination • 1 and 2 are accurate • Increased revenue from transfer tax. • Increased RETT funds. • Mitigate some of these problems. Keep the pedestrian concept. if costs exceed revenues there are 2 choices...reduce costs or increase revenues and go from there. Don't become the Federal government and manage on deficit financing! The pedestrian village makes us unique as a resort. No traffic light or cars in the core. • Vail Mountain will become increasingly attractive as lower elevation ski resorts suffer from less snowfall increased visitors will increase town revenues 26 Town Council 091906 Attachment B • It's great to have people rave about Vail and continue to come here and support our restaurants, housing, recreational facilities which pays our salaries. • The visitors bring much needed tax revenue to support the infrastructure. The current explosion in property values and sales is bringing increased revenues to the Town. • The locals also fuel Vail's economy. They have jobs and families and spend almost all of their money in Vail. • Yes, Vail is dependant upon the visitor. Vail is pedestrian. Period. Housing shortages are more perceived than actual. The real estate transfer tax was established for a very specific reason with a very exact intent- this cannot be compromised. Another concept must be established to address the revenue concern. • Seems like a lot of the above contradicts itself. • The Vail visitor is critical to the town/resort survival. The visitor needs to be catered to in a way that is profitable to the town. A pedestrian village is important. It's one of the Things that makes ,Vail attractive to visit. • VAIL WILL CONTINUE TO BE A PREMIER RESORT DESTINATION • 1 would like Vail Village to continue to be an attractive destination and that there is an increasing balance in the transfer tax fund • That the pedestrian village will survive. • Only the Vail's pedestrian village... • A focus on the visitor experience will force employers to work more with employees to provide great service. Dislikes • Potential elimination of parking • Too many projects with potential vacancy • Would like the town to have a homier feel • Decreased revenues and sales tax • Overwhelmingly large retiree and part-time homeowner population (1) • Loss of the middle class • Exclusivity is discouraging to the visitor/guest • Too much retail (-1) • No direction for the conference center money • One-dimensional revenue base • Less parking and housing • Lack of recognition of the importance of the environment on the economy • Negative capital status • Too much money has been invested into streetscape • Red tape involved in operating a small business • Non-controllable aspects of the economy (snowfall, etc.) • RETT • No West Vail fire station (+1) • Labor shortage • Too much growth • Lack of low income housing • Types of housing • The lack of funding sources for capital projects (+2) • Decreasing amount of affordable office space 27 Town Counci1091906 • Lack of control over retail mix Attachment B • All the other points except the RETT tax. I REALLY dislike the occasional suggestion that part-time property owners pay higher taxes than locals. No money in the town`s budget for capital needs. Employees working down valley and living down .valley. Why is the town expenditure going to exceed revenues? This should not happen. Housing is a problem, and cost of attracting/retaining employees will become more significant unless more low cost options are available. Purchase of lease- able/rentable housing by the town (similar to what timber ridge was like) is key to hiring success of local businesses. • Not enough housing for employees, how will town expenditures exceed revenues? If the transfer tax fund balance has increased, why were no funds available a few years ago to buy available forest service ground? City called on adjacent property owners to put up the money. Said that all available money was going to salaries to take care of what they had. • LACK OF PARKING IS KEEPING PEOPLE FROM SHOPPING AND DINING IN VV, PART/CULARLYDUR/NG THE SKI SEASON, BUT NOW EVEN IN THE SUMMER. WE ARE AT RISK OF LOSING SOME OF OUR MAJOR EVENTS DUE TO PARKING ISSUES. • "Guest housing" should be listed here i. e. hotel rooms.... Even with housing there are direct costs to employer and increased prices to the customer. DUH! Town expenditures should not exceed revenues if we have a good and cautious town manager and council. You can not spend what you don't have. Isn'f all the new development producing the numbers they have projected? The RETT fund balance is a temporary thing and is committed for the most part to maintain much of the ambiance of Vail. IT CAN NEVER BE A SLUSH FUND. • Lack of employee housing expenses exceeding revenues world conditions dictate whether people will travel and this directly impacts our #1 source of revenue. We have no control over this. • The attitude that the town should provide more amenities and thus require more revenue • I would love to be able to walk around and see more people I know live here and not want to shy away from events because they are packed with out of towners. • The R.E. Transfer Tax fund should have a much broader use than for open space and parks. • It is hard to find quality employees when they know they will not be able to afford living here. • Avery small portion of Vail is pedestrian. Vail is largely car-oriented. • Except for "Town expenditures will exceed revenues" this sounds like the present. • The higher costs needed to keep the town attractive. Obviously the town can't operate at a deficit. • Lack of housing • Everything else is not so good... • If service doesn't improve, people will stop coming. Recommendations • Implement "court mandated" West Vail fire station (+5, -2) • Collaborative regional marketing (-2) 28 Town Counci1091906 p Attachment B • Enforce a moratorium on development (+3, - 8) • Focus on GenX and Y • Impact fees should fund future capital (+1) • Retail planning policy (Provide unique and diverse retail) (2) • Change the RETT spending rules (+2, -1) • Provide more professional office space in new commercial developments • Addition of 1,000 parking spaces (+2, -1) • Learn from other resorts worldwide (+1) • Provide sufficient parking (+1) • Increase summer marketing (+2, -2) • Reward car pooling to parking structures (+1) • Market to visitors • Less legislation; more entrepreneurship • More pro-business attitude (+1) • Improve Frontage road service and safety • Be bold; take risks • Focus on big problems like housing, transportation, parking and the environment • Increase summer activities (+4) • Use conference center funds to build more parking (-1) • Credit card processing for revenue • Find another funding source for TOV revenue • Raise property taxes (+9, -27) • Develop a housing program tailored to middle class locals and TOV employees • Have the Economic Council study the retail strategy • Remove pine beetle kill (+4) • Get price of on mountain retailing increase (4%) to balance transportation deficit • Focus on providing a mix of housing (+3) • Put housing above the fire station • Implement height and density restrictions in affordable housing projects • Provide more opportunities for recreation (guide services, etc.) Diversify • Assess impact fees (+1. -2) • Reallocate RETT (+2, -1) Increase property • Assess on on-mountain tax (+1) • Maintain policy of housing at least 30% of workforce in Vail (+2, -1) • Increase air traffic to Eagle Airport (+1, -2) • Collaborate regional marketing efforts (+1) Implement a shopping center model (plan for retail) • Don't create a list to validafe the direction sfaff, developers and council wants to go. You should be identifying real problems and listing real solutions. This is the part of Vail Tomorrow that l did not like and I don't like that an artificial direction is being dictated by focusing on the wrong things. • I feel like the sense of community is being overwhelmed by visitors in peak summer and winter seasons. The pedestrian village core has become irrelevant to local residents -very sad. Higher property and sales taxes. • Housing... 29 Town Council 091906 Attachment B • Do not run to large of deficit. • Since Vail is the engine that drives Eagle County the County should contribute to underwriting the TOV's expenses • With wise budgeting and planning, expenditures should never exceed revenues. If those in office%mployment can't achieve that task, get them out of there. • More housing, keep Vail attractive to visitors and citizens • USE RETT TO DEVELOP FAC/L/TIES W/TH/N OUR PARKS-POOL AND REC CENTER- ALSO TO SUPPORT VENUES FOR EVENTS- lE. IMPROVEMENTS TO FORD PARK ETC. • It is not the town's responsibility to subsidize housing for the merchants. • 1 don't know. Wish I did. The kind of housing the town has sponsored so far, like Middle Creek, generally doesn't attract families and mid-level professionals (exception: the Commons townhouse units). It will be essential that West Lionshead and West Vail master plans don't target tourism or 2nd home condos as the financial justification for redevelopment; these areas maybe the town's last good opportunity to achieve the kind of development that serves and helps to retain locals. • Eliminate bike riding, skateboarding, etc. from the core so it stays a pedestrian village Develop Timber Ridge housing be fiscally responsible • Always remember that Vail is first and foremost a world class ski resort and do not believe that businesses like a bowling alley are a valuable public amenity • Maybe have a few events for residents only or free for residents. More affordable housing, employer subsidized housing.... • Work toward changing the RETT to allow purchase of housing or land on which to build more affordable housing. • Increase our taxes to fund these • Visitors like having shopping/restaurants that they do NOT have at home. 1 would like to see a ban on major chains, such as Starbucks, and support of locally owned, smaller businesses. • Increase hotel taxes; more modest but steady increases in property taxes • Reduce dependence on sales tax/increase property taxes moderately/expand the uses of the real estate transfer tax to fund non essential projects. Stop spending on redoing things-fountains, design fees, etc. • Design the Vail of the Future with regard to future needs. Cars will continue to get more expensive and costly to the environment. Plan on providing transportation alternatives, green building and other environmentally friendly projects. Vail is very beautiful but it is at risk of losing its appeal as growth continues. • The transfer tax should be available for other purposes. • Spread tax increases evenly between retailers, visitors and residents. • RA/SE PROPERTY TAXES SO THE GENERAL FUND DOES NOT FLOUNDER AND THE TOWN /S CONTINUALLY BROKE ONCE AGAIN BECOME THE PREMIER TOWN EMPLOYER INSTEAD OF JUST BEING COMPETITIVE INCREASE THE USE OF THE REAL ESTATE TAX MONEY INSTEAD OF JUST COLLECT /T MAKE IT WORK FOR THE TOWN • The village core businesses should include a wide variety of shops that add to sales tax revenue. We need uniqueness that adds to the experience...anyone can go to a mall or shop on-line at "chain stores" 30 Town Council 091906 Attachment B • Regarding the statement, "Without housing, there will be increased direct costs to employers to hire employees. "Rather than providing housing, take that money and help supplement the increased direct costs to employers to hire employees. Low income housing is no guarantee that those people will work in Vail. Subsidized wages guarantee that the tax dollars are going exactly where this point implies that you want it to go. • Keep Vail a pedestrian city • Are you listening? MORE DEED RESTRICTED HOUSING, FOCUSED ON FAMILIES WITH CHILDREN. • Better put some money away for what is going to be some rough times... Housing Likes • The amount of housing created by the Town is better than nothing • Positive growth scenario . • We own Timber Ridge • The town recognizes that housing is a problem • Deed restrictions are a method of obtaining inventory • Nina as a resident expert • Focus on high end living coupled with affordable housing for persons who want to live in Vail rather than down valley. • Creates job opportunities • Nothing • Somewhere in Eagle County we will need to address the needs of assisted living within the next 2 decades. Higher priced guest accommodations will make us unaffordable for many who now visit us. Higher quality is one thing and that can be accomplished with the Lodging Quality Assurance program. There will be a good indication when all the current hotels etc. are finished and available for occupancy. No need to rush to build more high end properties in this decade. Fill up what we have. We need to provide employee housing. Middle Creek has been successful. Move on developing the Timber Ridge area. The Commons has worked out well with the deeded housing. • Increased real estate values benefit those who already own property • I think we should assist our elder community. • . There are now high class senior residences... we should have at least one in Vail • Increased inventory of higher quality, higher-priced guest accommodations: there's nothing wrong with being high-end. • Fact of life • Opportunity to develop quality, affordable housing for fhe local population. • l think the housing demand has been address and will be fine for a number of years. • Property values go up • We need diversity in housing and right now it is very limited. • Not much -where are the real locals of the community going to live? • High property values help locals who own property • Recognition of demands for housing for employed individuals in the Valley • Need it start demanding developers to start helping out with this. • Nothing. It sucks. 31 Town Counci1091906 Attachment B Nothing...no families, no diversity, no way to get ahead. Vail is setting itself up for a one dimensional theme... white, rich and retired! l would like to see more affordable housing for families and more care and housing for the elderly, and l think this trend will force these issues. Dislikes • The ratio of jobs to local employees • Huge new developments that are being approved without any apparent affordable housing mitigation • Government subsidized housing Appreciation cap • Lack of higher paying jobs • Professionals moving down valley • Lack of larger deed restricted units that cater to families • Any delay to buy real estate previously means no luck now • Young people are moving west • Small houses are being replaced with large houses without yards/space • The town is not becoming anything more like a community (1) • Lower priced housing is being sold to non-residents • Full-time residents will have to live in deed-restricted units • Emphasis on seasonal rental units vs. ownership • The target of housing 30% of the workforce in town is too low • Enough employee housing is never required from new/redevelopments • No program exists so that TOV employees can live-in Town of Vail • Zoning regulations that don't allow for EHU's or family space • Drives normal, everyday workers out of Vail to find affordable housing. No options for assisted living. • 1 think we need to focus not so much on higher quality, higher-priced units -that's what Vail is adding now. 1 am worried that if we don't keep affordable rentals around we are goirig to price ourselves out of range of the average- family. Haven't skier visits been stagnant? Don't we need to focus on growing the skier population so that we can have their business? You don't get new skiers if they can't afford to come. is there ever going to be enough affordable housing options for residents? If you have more people able to buy in Vail, they would really become invested in the community which is exactly what Vail needs. Right now, affordable housing is so limited many people are forced to move much further down-valley or out of the valley altogether. It is also hard to raise a family here & families are what build communities. In my opinion, Vail isn't really a community anymore -places like Edwards and Eagle are. • If the real estate becomes so expensive. that working people can not afford to live here, they will find other places to live, or take their businesses down valley. Vail will not be the center of the valley any longer (it already isn't in many people's eyes) • FEWER AND FEWER LOCALS IN VAIL • Guest housing does not belong in this category. "Housing" has always referred to employee housing. • Do not like the government providing housing • Despite the number of years I've invested in this community, 1 can't imagine (yet) staying here when I'm retired, getting elderly and less active. This trend, if not 32 Town Council 091906 Attachment B stopped, will make this a much less interesting and cohesive year-round community. l'm not confident that the trend can be slowed or reversed by anything except a major recession. • We'll possibly price nurseIves out of the market and become known as an elite unaffordable destination except for the very well off. Don't like housing deeded to resident employee to change. This will drive the prices up. • The assumption by many that the town should provide subsidized housing; this should be the responsibility of employers Small scale redevelopment is very difficult due to arcane planning regulations and bureaucratic hurdles • 1 would like to be able to afford to buy a place sometime in the future! • Ever decreasing inventory of affordable homes as redevelopment occurs. Not enough middle income housing for families in the immediate town. • It is difficult to find quality employees when they know that one job is not sufficient to pay their rent and other living expenses. • Will strain resources and force difficult choices. Pressure to reduce open space • More pressure on local governments to provide affordable housing. • 1 worry that developments will end up with inappropriate designs and structures just to address the problem du jour -knee jerk development. • Poor service at restaurants • Low income jobs + low priced housing =higher crime. Not a good selling point to increase tourism or long-term residencies. • Not many can reasonably buy a home and stay to raise a family. In 17 years in the valley 1 know of at least 20 people who were here for a few years, married and went back "home" to a more affordable living situation • Everything 1've mentioned before. - we need to keep our locals living in Vail! 1 don't like the thought that all resident employees will be living in deed restricted housing and 1 don't believe it needs to be that way. Everything. We need to figure out how to keep families in the valley. • Everything.... • 1 fear that there will soon be a glut ofhigh-priced lodging that will sit empty much of the year and make certain areas feel like a ghost town (as Beaver Creek already does certain times of the year) Recommendations • Let the free market determine housing • New/redevelopment properties should not be required to provide for employee housing onsite • Increase the percentage of employees housed (+2) • Use Timber Ridge as an 8 story housing development (+6, -8) • Make sure that employee housing incorporates Vail's high aesthetic standards (+2) • EHU's should not be constructed as a continuation of dorm life • More education opportunities should exist regarding housing (+1) • Down payment assistance program specific to TOV (+4) • Adapt a "mansion tax" (+3) • Make housing the no. 1 priority for 14+ years (-1) • Look for regional housing options • Help young professionals with housing assistance program (+2, -1) 33 Town Counci1091906 Attachment B • Land swaps with USFS for more room for EHU's (+4, -4) • Look at how other communities solved this problem (+1) • Solve housing to help meet other goals(+1) • Major commercial development must provide a variety of housing types (+7) • All houses over 5,000 square feet must provide employee housing • Require EHU fulfillment prior to building permit, not TCO • Bury I-70 and build housing on top • Provide office space to attract higher paying jobs • Build live/work units (+1) • Enforce existing deed restrictions • Open up RETT to be used for housing • Increase goal of 30% (+13, -4) • Continue to pursue Timber Ridge redevelopment (+6) • Work with commercial owners to bring back expired deed restrictions • Provide 1St time buyer incentives (+1) • Recognize that continuing loss of locals is biggest problem with losing community (+1) • Provide more middle class housing (+2) • Keep baby boomers here • Maintain visitor housing • Stress emphasis on long term leases for seasonal employees (-2) • All redevelopment of residential properties over 2,500 square feet should require employee unit (-2) • All new redevelopment of commercial spaces is required to provide housing for 100% of its workforce (-14) • MORE AFFORDABLE HOUSING OPTIONS • WE DONT NEED AFFORDABLE HOUSING. Why do we need it? People will commute, and if they decide to stop commuting then wages will rise until they want to. MARKETS WORK, the town should stay out of it. • Provide some deed restricted housing- let the free market decide • Stay out of the three bedroom employee housing business! The town should house their employees; businesses should house their employees. For the most part, housing should be driven by the free market. It will work itself out. "Market rate housing owned by employees" that is sold to absentee owners is a free choice and reality. It is not forced on the employee!. • Explore town initiatives to construct market-rate housing in neighborhoods for permanent residents -not deed restricted,. so that it represents a decent investment for owners and encourage the development of stable neighborhoods. Require developers to provide ON SITE employee beds Simplify process for remodeling and rehab so that individuals who are not rich can rehab older units and earn sweat equity • The free market will always solve housing issues. As housing gets rrrore expensive more affordable housing will be available down valley. Jobs paying less wilt eventually have to pay more if they want locals to work for them. Deed restricted units are not fair to the owners because they do not appreciate with the market and will lead to the owners needing to move in the long run. • Maybe make a set amount of units, apartments, condos available to residents first and out of town people second. Discount if a confirmed resident of the valley is trying to buy. For example, if you have been a resident of the community for at 34 Town Council 091906 Attachment B least 2 years you get preference over a Rancher in TX trying to buy a fourth home. • Town needs to purchase some private properties to control redevelopment. Need to move along redevelopment of Timber Ridge before Lionshead Parking Structure. • Since Vail is small and hemmed in both north and south, encourage through various means the construction of subsidized housing in and around nearly communities, like Mintum, Edwards and Avon where land is more plentiful and less expensive. • Allow big expensive developments to help pay for affordable housing. • Foresight and adherence to vision statements. • Add the impact of the second homeowners which we have identified. Add the other housing solutions besides deed restricted housing, such as employer programs, employees commuting from outside the town, and town housing solutions. • Pay long-term employees befter • There needs to be befter balance in housing and employment options. • PAY THE EMPLOYEES A WAGE THEY CAN AFFORD TO BUY A HOUSE WITH. • More deed restricted locals housing • Affordable housing options! • Do not try to play with economic forces that are beyond the city government and thaf will have unintended consequences. Supply and Demand do not work quickly enough for some people, but They will work. Leave them alone. By puffing restrictions or incentives on the market, people will just make up new ways to "play the game." • 1 think there are 2 separate groups to consider - 1) Seasonal employees 2) Year- round residents who want to call Vail home 9) we need to provide affordable rental properties for seasonal employees. These are mostly young folks who will spend one or two seasons here then settle elsewhere. We've done a good job so far with Middle creek, Buzzard Park and will continue with Timber ridge. There could also be locations down-valley used for seasonal employees and private shuttles used to transport the workers to Vail. 2) I think we have provided enough deed-restricted 'for-sale' housing in Vail for year-round employees. Vail Commons is very successful and fills a niche, but it is my belief that most locals who want to live in Vail for an extended period of time and maybe even raise a family here, would prefer to get into a place that they can sell at true market value and therefore use the sale profit to buy something bigger in Vail and climb the ladder. If they are in a deed -restricted Vail commons condo the only option when looking fora home is to move somewhere more affordable i.e. down valley. The focus therefore should be on providing 'creative financing' options that will allow folks to get their foot on the ladder, and move from condo to town home to home in Vail -reinvesting sale profit each time. Another key factor in this is employers paying fair wages. • Put the hurt on big $$ developers to provide additional housing (deed restricted) stock. So the guy ends up making $20 mil on his next project rather than $30 mil, what a bummer, my heart goes out to him. • Revoke all real estate licenses...those people are like the plague! Community 35 Town Council 091906 Attachment B 0 Likes • Donavan Pavilion promotes a sense of community (+1) • Pro -development: we do it all at once (1) • Different cultures and languages • , Amazing amount of cultural entertainment • Ambulance bay in Vail • Strong leadership in Vail (-1) • Current trend towards more regional focus • Abundance of facilities which are easily accessed • Community BBQ's (+1) • Red Sandstone Elementary • Forums like 20/20 • WMC expansion • Transportation opportunities Dislikes • Pine beetle impacts (2) • Lack of activities for kids/teens • Lack of skatepark • Trend away from families/family participation within the Town of Vail (2) • Lack of adult activities besides bars • Lack of balance in community demographics (2) • Lack of appeal to tourists because of lack of diversity • I-70 is a community barrier • Parking problems make Vail inconvenient • I-70 is unsafe • All the usual suspects show up for community events • Lack of home ownership • Too many part time homeowners Recommendations • Harvest or benefit from the pine beetle • Education more regarding the economic impacts of the pine beetle (+1) • Feasibility study on fire protection around existing infrastructure (2) • Educate the community on impacts of fire • Find out what we could do with more money re: pine beetle • Have a plan for evacuation in case of large fire • Address mutual aid for fire services • Build a cultural arts center • Look at Whistler for ideas on teen activities • Find out what will attract moms/dads in 40's and their children • Revitalize the skate park (+1) • Use top deck of parking structure for a youth activity • Provide more affordable programs which cater to families (-1) • Strive for a balance between age demographics • Offer facilities that encourage people to want to live here and not down valley (+1) 36 Town Council 091906 Attachment B • Offer free benefits/cultural programs to residents • Build a rec center like Avon's (+2, -2) • Continue to look at facilities like Donovan as an example • Partner with recreational entities to create good recreational opportunities • Improve acoustics at Donovan (-1) • Emphasize volunteerism • Emphasize communication that integrates part time homeowners • Have opportunities for interest groups to meet (bridge players, book clubs, etc.) • Have a community spot for daily integration of community needs • Consider carrying capacity when building new infrastructure • Develop a world renowned recycling program (+1) • Provide more community gathering spaces • Finalize bear protection ordinance (+3, - 6) • Look at reducing street lighting in neighborhoods, i.e. Vail Valley Drive • Centralize community facilities.(+2) • Provide more opportunities to host 12 step programs (+2) • Continue to work regionally towards solutions (-1) • Make the Eagle airport more easily accessible • Make Vail an attractive place to be. • Expand health services • Orient facilities towards a resident population and part time homeowners population • Extend community bbq's into the winter • Keep schools here • Have more community dialog • Encourage more community ownership • Organize newspaper stands to be nearby recycling opportunities (+1) • Market Vail as well as Eagle Ranch has been marketed • Address a wider range of apres ski activities • Regionalize Vail Fire Protection • Require immersion of foreign children/families into classes, seminars, etc • Provide seminars and meetings to help newcomers feel welcome • Ensure that the ambulance district continues to exist out of WMC • Make decisions regarding Vail's future more quickly Enforce construction sites trash mitigation 37 Town Council 091906 Vail Community Values Attachment C The Vail 2020 process included a Community Values Workshop where commonly shared beliefs that comprise the Town of Vail's community culture were discovered. These community values can act as a guide for the Town to align actions with community beliefs and desires. Premier Resort Community: Vail values its roles as a premier resort community, which recognizes the interdependent relationship between the resort, community and municipality. It takes work- and reinvention to stay number 1, providing a vibrant and diverse economy with a stable, growing employment and revenue base. Vail's success as a resort depends largely on its success as a community. The community fosters relationships between locals and visitors, and makes plans and takes actions that are investments in the experiences and Lives of the many different generations, today and into the future. Diversity: Vail values maintaining a diverse population of residents, workers and visitors, with a broad representation of ages, family compositions, ethnic backgrounds, and economic means. Activities Benefit Individuals and the Community: Vail values a vibrant community life supportive of mental and physical wellbeing and encouraging of intellectual and cultural growth. This includes providing a wide variety of educational, recreational, entertainment, art and cultural opportunities. These offerings are accessible to all and appeal to residents and guests of all ages, incomes and interests. These activities promote the development of relationships that strengthen the community. The Natural Environment: Vail values the environment as a source of health, beauty, recreation, and economic strength... It is relied on to both define and sustain Vail. As responsible stewards, Vail promotes sustainable environmental practices in every aspect of the community. This includes conservation of the natural environment, wildlife protection, energy conservation, use of alternative energy,' resource consumption reduction, and strong recycling programs. Decisions are made in consideration of both local and regional impacts, as our actions affect the region and beyond. Participation and Cooperation: Vail values participation of citizens 'in community life, making decisions and planning for the future together. To foster effective communication the community subscribes to a Common Code of Ethics for conduct in civic life including: honesty, integrity, civility, respect, trust, goodwill, transparency, openness, selflessness, and generosity. A sense of ownership and responsibility is achieved through open communication and cooperation between community members, businesses, interest groups, and local and regional governments. Cooperation is essential to addressing issues with affects that extend beyond town boundaries to the entire valley. Leadership: Vail values a transparent, fiscally responsible, and ethical municipal government that engages community members, private partnerships, municipalities and other entities throughout the region to make sound decisions and serves in the interest of the entire community and region in the long term. Town Counci1091906 Attachment C Thriving Economy: Vail values a vibrant and diverse economy, providing a stable, growing employment and revenue base. A sustainable economy is achieved through continued fiscal responsibility. Transportation, access, and. a sound infrastructure are closely tied to economic health. Sense of Place and Character: Vail values the strong history of the Town and it's unique character and legacy while acknowledging the importance of reinvention. This is reflected in the built environment with its high quality design and features that endure over time. Safety and Health: Vail values a sense of personal security for ourselves and our children, as well as for property. Quality healthcare and physical activities support the health of the community. Transportation and Transit Network: Vail values a sustainable multi-modal transportation system that effectively provides ease of access to residents, visitors and the workforce in an environmentally and technologically forward manner. Town Council 091906 Town of Vail Abbreviated Vision Statement: Attachment D The Town of Vail's Vision is to be the Premier Mountain Resort Community by providing high quality of life and experiences for both residents and visitors. This is achieved through environmental stewardship, world class recreational, cultural and educational opportunities, a strong year-round economy, diversity of housing, and superior infrastructure. The Town actively seeks input and cooperation from the community and its neighbors to ensure fulfillment of its vision. Vision Statement: The Town of Vail is a premier destination mountain resort community, providing a community atmosphere and high quality of life and experiences for both visitors and residents. Vail attracts visitors from all around the world; many are part-time residents spending the majority of the year here, with frequent visits from their extended family. The economy is fueled by three solid seasons of visitation from guests and second home owners. To ensure the diversity and vitality of the community, deed restricted housing is available to employees who wish to live in town and various modes of transportation are available to those that choose to commute. The transit systems are welcoming and convenient to everyone. Furthermore, families are embraced and celebrated through dedication to providing state-of--the-art education, recreation, events, health care facilities, and other amenities. The environment is protected. and enhanced through the community's environmental ethic, as well as with regulations and advanced development and generational policies. Development occurs mostly through densified redevelopment- reinforcing investment that keeps Vail up-to-date and vibrant. The town actively seeks cooperation with its neighbors to ensure fulfillment of its vision. Vail is cherished as a special place, to which no other resort community can compare. Expanded Description of the Vail Vision: Recreation Vail embraces the healthy lifestyle and is a place where anyone. of any age, economic status, race and culture can indulge in a multitude of diverse recreational activities. These activities are hosted at world class venues, indoor and out, throughout the year. Vail is well-known for its recreational programming that balances the needs of locals and visitors. The recreational opportunities are clearly communicated and marketed to both residents and visitors. With the continued dominance of Vail Mountain in the ski industry and a strong regional system of complementary recreational facilities, the Vail Valley is a premier destination for the recreation enthusiast. 1 Town Counci1091906 Transportation Attachment D Vail is best seen and appreciated without a car, and for the most part, people choose to enjoy Vail in this way. Pedestrians enjoy the safety, beauty, and convenience of the town via an extensive circulation system. Mass transitJrail is heavily utilized and is available town-wide, county-wide, and even state-wide, with regional routes to Denver and thus eliminating the previous high demand for parking. Visitors and commuters find the airport service to be convenient. The impacts from I-?0, specifically the traffic noise, safety issues, and the division of the community as a result of the physical infrastructure, have been successfully mitigated. The recreational paths are impeccably maintained and add to the allure of the town. Environment The Town of Vail demonstrates its dedication to protecting and enhancing the environment through policies, regulations, and programs that are supported by a strong environmental ethic in the community. This results in a great reduction of carbon emissions and energy consumption. The Town maintains a strong partnership with the Forest Service and combined efforts have lead to the restoration and protection of a healthy forest ecosystem. The recycling program is heavily utilized and reduction in resource consumption is remarkable, specifically with construction waste. Innovation, resourcefulness, sensibility, and success are marks of the environmental stewardship activities of Vail. The strong environmental ethic of the community is apparent from the green design and features of homes and lodging/commercial properties, which have positioned Vail to be a town for eco-tourism. HousinE The number of employees living within the town has steadily increased, thanks to the town's commitment to ensuring affordability and availability of housing to this important group. The number of deed-restricted rental and for-sale units 'has increased in both private and public projects. The diversity of deed-restricted units can accommodate the seasonal worker, as well as all levels of year-round employees, including those with families. Housing in general has been transformed to include green building standards. Culture/Education The plethora of cultural events has been a primary encouragement for locals to live in Vail and is one of the primary bedrocks of Vail's economy. Besides, .the local's discounts for events can't be beat. No matter what the season, there are events to attract visitors to Vail. The indoor, 3,000 seat LEEDS rated stadium theater doubles as a recreational facility and a cultural arts facility and provides a plethora of big names and events for the younger generation that resides in the Valley. The availability, quality, and diversity of educational programs attract families and people of all ages to Vail. 2 Town Council 091906 Development Attachment D There is hardly a "tired" building in sight because of the mass renewal of public/private infrastructure. The unique character of Vail is evident from the building styles; from the Tyrolean style buildings that speak of Vail's history to modern style that show off technological advancement. The vibrant mixed use pedestrian based core areas of Vail attract guests, residents, and businesses. The diversity of businesses within the core areas provides something for everyone and the new affordable housing are seamlessly integrated into the community's fabric. Growth has been carefully managed to be sustainable and complementary to the natural environment. Economy Vail's Real Estate Transfer Tax has proven extremely beneficial as it's reallocation to the housing fund really helped to create a community that exists alongside the resort. The medical facilities remain state-of--the-art and cater to every age group. Summer seasons do not lag far behind the winter seasons in terms of revenue and destination visits. This can mostly be attributed to the concerts, cultural events, and outdoor recreation available in an area of such natural beauty. Also helping the year-round economy are the full-time residents that enjoy many places for shopping, eating, and entertainment. The Town has been able to effectively reverse the negative capital state it experienced over ten years ago, again due in part to the reallocation of the RETT funds. The Town has sustainable revenue sources for it capital and operational needs through prudent cost management and balancing sales and property tax revenue. Community Vail's community facilities are well maintained and provide great locations for a variety of activities that appeal to the diverse needs of the community. Nearly any day of the week, it is possible to find community events taking place. These include frequent barbecues and picnics, concerts, family. gatherings, group therapy programs, cultural events, and bridge clubs, to name a few. It is common to see part-time homeowners, municipal employees, and one's next door neighbor at these gatherings. People choose to participate in community life, sharing their ideas and commitment to continue to make Vail a great place. This atmosphere of Vail is one that encourages all citizens to be involved in community decision-making. Vail's leadership reflects the citizens' interests, guiding and inspiring the community to greatness. 3 Town Council 091906 Attachment E Plan 1.1.5: Convene a design charette and update the Urban Design Guide Plan and Design Considerations Community Development, Town Council 2010 Consultant- $40,000 . Objective 1.2: Promote the 1.2.1: Continue convening Community Development, 2006/2007 Consultant- $45,000 2006 Budget redevelopment of the the West Vail committee Public Works, West Vail community Planning Team, Consultants commercial area in West Vail 1.2.2: Consider a green Town Council, PEC, 2006/2007 N/A N/A building requirement, Community Development incentives to redevelop, and other policy initiatives. 1.2.3: Adopt a West Vail Community Development, 2007 N/A N/A Plan. Town Council 1.2.4: Promote the West Community Development, N/A N/A Vail Plan with property PEC, DRB, Town Council 2007 owners and potential developers to encourage an economically viable redevelopment. 1.2.5: Carry out incentive Community Development 2008-2010 $10,000 programs and conduct development review for West Vail applications. Town Council 091906 Vail 2020 Strategic Plan Example for Land Use section: Attachment E Vision Statement: The Town of Vail's Vision is to be the Premier Mountain Resort Community by providing high quality of life and experiences for both residents and visitors. This is achieved through environmental stewardship, world class recreational, cultural and educational opportunities, a strong year-round economy, diversity of housing, and superior infrastructure. The Town actively seeks input and cooperation from the community and its neighbors to ensure fulfillment of its vision. Goal l Ensure the ualit ,character, and vitali of commercial areas that serve the dail needs of both locals and visitors. Objective . Strategies Parties Involved Timeframe Resources Needed Source of Resource Objective 1. L Maintain and enhance 1.1.1: Continue the Community Development, 2007 Technical Review 2007 Budget the quality and Lionshead Parking Town Council, Town Manager, Assistance- $50,000 character of existing Structure process and RFP respondents commercial core (Vail pursue redevelopment. Village and Lionshead) 1.1.2: Continue the West West Lionshead Committee, 2007 Mapping Resource and Vail Resorts/TOV Lionshead committee and Vail Resorts, Community Consultant Fees- 2007 Budget update the Lionshead Development $100,000 Redevelopment Master Plan 1.1.3: Revise the Zon i n ~ Community Development, 2008 Consultant- $100,000 Regulations th~~t =,~ertx ~ to Town Council commercial arcs ar3 ; ~ le Development Standards Handbook. 1.1.4: Revisit and update Community Development, 2009 Consultant- $100,000 c the Vail Villa e Master Town Council r MEMORANDUM To: Vail Town Council From: RRC Associates, Inc., and Nina Timm Date: September 14, 2006 Subject: Rational Nexus Study and Commercial and Residential Linkage I. Introduction This memo provides an introduction to some of the policy issues that will be discussed at the Council work session on Tuesday September 19th. It provides some background information as well as a review of current policies. The memo builds on materials that have been presented to Council over the past eight months, and also incorporates some of the findings and direction obtained from the initial meetings on Vail 2020. The goal is to provide the Town Council with enough information about the challenge and the solutions to be able to implement housing strategies that appropriately address the needs of the Town of Vail. At the last meeting the Council addressed a series of "next steps" related to housing that have directed actions over the past months. These included: Authorize the expenditure of Town funds for a rational nexus study by RRC to allow the Town to codify its current commercial linkage policy of 15% for commercial developments that meet zoning and 30% for commercial developments that exceed zoning. In addition, consider a residential linkage requirement. The rational nexus for residential and commercial linkage is complete and will be discussed. Meet with a group of local contractors and developers to discuss changes in the housing policy as well as discuss incentives needed to encourage employee housing units to be built by the private sector. (Completed) Begin a dialogue regarding an inclusionary zoning requirement. Some key issues are what types of projects does this requirement apply to and where and how the obligation is required to be fulfilled. (Underway at staff level) Revise the buy down program. In addition to the Town seeking out units to purchase, deed-restrict and resell at a reduced price, allow individuals to bring units for acceptance into this program; this maybe at the time of purchase or at any time during ownership. The thought would be that the down payment assistance would be a grant rather than a loan. This would be a greater incentive to deed-restrict a unit. (Underway) Maximize the number ofdeed-restricted employee housing units at Timber Ridge. This is the Town's single largest land opportunity. (Underway) 1 of 7 4 t Incorporate the housing strategies into the community plan discussion so that the entire community has the opportunity to participate in crafting the employee housing solutions. (Underway with information and feedback now available) Currently approximately 30% of Vail's workforce lives within the Town of Vail. As the number of jobs increases and current housing stock becomes less available the ability of the Town to have housing for 30% of the workforce within its boundaries has become more challenging. As more of the workforce comes from elsewhere, this places additional burdens on local businesses for hiring, local transportation systems for getting these employees to work, and the local sense of community erodes as people spend time in Vail "only to work." The housing supply, which is decreasing for employees in Vail, cannot meet current demand by local residents and employees AND demand generated from second homeowners. Vail is also part of a larger region that faces similar constraints with regard to addressing local demand for housing. Past discussions have focused on two types of needs within the Town; there is a need to "keep up" with the demand created from new commercial and residential development. In addition, the Town must also address historic deficiencies; there is a need to "catch up" with shortages that exist today. The Town of Vail has made a proactive choice to at least keep up current levels of housing options for employees within the Town of Vail. With approved new development this will require new housing units for at least 500 new employees. To achieve this goal, the methods for maintaining and providing additional employee housing units will need to be varied and changing as opportunities present themselves. Some of the potential techniques are summarized below to refresh Council on the choices that exist. The Council has already directed staff to take action on several fronts, with specific .attention placed on a "linkage" approach, where new jobs generated by residential and. commercial construction be addressed through various requirements. In addition, staff has met with the development community to obtain suggestions on preferred strategies to address housing and has moved forward under Vail 2020 to obtain input on the housing topic -one that is a clear priority of the community. II. Current Conditions A. Job Growth As part of Vail's "Billion Dollar Renewal," an estimated 1,500 new jobs are in the process of being created. Based on anticipated additional redevelopment in the Town of Vail, another 2,115 new jobs maybe created in .the future. This additional redevelopment includes the areas known as West Lionshead, West Vail, Vail Village, and additional sites in Lionshead not currently under redevelopment. Furthermore, about 7,370 new jobs are expected to be created in the Avon and Edwards vicinity based on estimated development in these areas in the next five to 2 of 7 ten years (based on current zoning). As with Vail, most of these will be retail and service jobs with related entry-level and mid-management positions. Of all jobs in Eagle County, 34% are in accommodation, retail, and food service categories. In 2004 these jobs paid an annual average wage in Eagle County of $24,309. (Colorado Dept. of Labor & Employment) The second home study completed by the NWCCOG and the RRC Nexus study indicate that there will be on-going demand for services from second homeowners, many of whom plan to move to the area permanently. As a result, there is likely to be a year-round need for employees willing to work in lower-paying service and retail positions. It is also important to note that the Ginn Development, as envisioned, when built out will add between 800 and 1,000 new jobs in Eagle County. Most important to the Town of Vail is that currently about 14% of Vail's workforce commutes in from Lake County and will be driving past these job opportunities. B. Housing Availability Based on development projects already underway, new jobs in Vail are anticipated to conservatively result in the need for between 600 and 800 new residences. For Avon and Edwards areas, the new employees will generate demand for an additional 4,656 housing units. (RRC Associates) Last year, almost half (46%) of the lowest-priced homes that sold in Vail were purchased by out- of-area buyers, and that percentage is expected to continue to increase. There are approximately 1,520 employee households (owned and rental) in Vail today. Two thirds of these are not restricted in any way. Based on real estate trends, these units are likely to be sold or rented to non-employees in the future. Middle Creek Apartments came on-line in December 2004 with 142 new apartments. At this time (April 2006), all of the units are occupied with 12-month leases. At Timber Ridge, 156 apartments are available for rent. All but 17 of those are under amulti-year master lease. According to the 2000 Census, 815 employees that live in Vail work elsewhere in Eagle County. C. Parking and Transit In 2000, 43% of Vail's workforce lived inside Eagle County but outside of the Town of Vail. This means that 4,185 employees commute into Vail from elsewhere in Eagle County for work. They either need public transportation or a parking space: For 2005, owners at Miller Ranch held 352 total jobs. Of those 101 were held in Vail or on Vail Mountain. Well over half of the 101 jobs (66) are either seasonal or in the retail, restaurant or accommodations business. These types of jobs are also readily available in the Avon and 3 of 7 Edwards areas. Encouraging down valley workers to commute to Vail will become more of a challenge as workers live down valley and have attractive job alternatives closer to where they live. III. VVho Needs Help There are currently about 9,124 jobs in Vail. Approximately 4,500 of these are entry-level positions. These jobs are held by approximately 6,300 employees. (Average employee holds 1.3 jobs.) Of the 6,300 employees, 2,800 currently live in the Town of Vail, and another 2,331 live between Eagle Vail and Edwards. Questions that have begun to be considered at previous meetings with Council include: • What is the desired relationship of rental to for-sale units? • What is the desired relationship of seasonal to year-round employees? • What is the desired relationship between various incomes? Types of housing that will need to be provided include: • Seasonal Rental Units • Long Term Rental Units • Entry Level For-Sale Units • Step-Up For-Sale Units • Upper Level Housing A. Current Inventory 142 Deed-restricted Rental Units at Middle Creek 198 Deed-restricted Rental Units at Timber Ridge (156 Occupiable) 6 Deed-restricted For-Sale Units at North Trail Town Homes 5 Deed-restricted Buy Down Units dispersed in Town of Vail 12 Rental Units at Creekside .in West Vail 18Deed-restricted For-Sale Units at Red Sandstone Creek 24 Deed-restricted Rental Units at Buzzard Park 53 Deed-restricted For-Sale Units at Vail Commons 18Deed-restricted Rental Units at Vail Commons 148 Deed-restricted Employee Units that are Privately Owned Total = 624 deed-restricted employee housing units There are currently 6,412 total dwelling units (Eagle County, 2005) in the Town of Vail. Of these, 9% or 624 are deed-restricted as employee housing units. B. Current Obligations An obligation from Vail Resorts to provide 144 employee beds An obligation from Vail Plaza Lodge to provide 39 employee beds An obligation from 4 Seasons to provide 28 employee housing units An obligation from Westhaven to provide 4,400 sq ft ofdeed-restricted employee housing 4 of 7 An obligation from Crossroads to provide housing for 12 employees Total = 257 (approximately) employee beds IV. Housing Program Tools And Techniques That Have Been Discussed There are a variety of tools that other communities have implemented to maintain a stock of housing for their employees. No community relies on one policy to meet the housing needs. The Council has discussed the following techniques and has asked that additional information be developed on several specific alternatives. It is recognized that the Town will need to consider multiple approaches to achieve housing for at least 30% of the employees. No one tool can generate enough units to meet the employee housing needs. A. Commercial Linkage Based on anticipated new commercial redevelopment, the Town of Vail can expect 2,115 new jobs to be created in the Town of Vail. This strategy would provide 332 new housing units using a 30% mitigation rate or 221 new housing units using a 20% mitigation rate. To evaluate this technique the Town contracted with RRC to conduct a Rational Nexus study specific to the Town of Vail. Specifically, this study was intended to permit the Town to provide a standard percentage requirement for new commercial square feet. The study was directed to address Pay-in-Lieu options per employee to be housed or portion thereof. The study was intended to set a framework for considering employee to be housed (ETBH) requirements. The basic unit for determining the "percentage mitigation" will be an important topic. (Note that Linkage-based requirements do not help the Town catch up with any existing housing deficits or losses in existing stock, but they would allow the Town to keep. up with a percentage of new housing demand. This policy could serve any segment of the employee housing market depending on the qualitative and quantitative standards established. Typically in other communities this approach has served more seasonal and service level employees.) B. Residential Linkage The Town also directed staff to consider a "residential linkage" requirement. With the growth in high-end residential units this tool is being used mare frequently in other resort communities. The technique is essentially similar to commercial linkage, but it is applied to employment associated with residential development. With the growth of highly amenitized residential developments the job demand created in these developments is high. 5 of 7 All of the same questions that need to be answered for commercial linkage will need to be addressed for a residential linkage program. Nexus Discussion - Policy Decisions to be reviewed with Council on September 19th I. Income Range to be Served? a. <80% AMI; <100% AMI; etc. b. Avoiding overlap with inclusionary regulations/crediting developments II. Exemptions a. Change of use (commercial) b. Owner income exclusion III. Commercial Linkage a. Mitigation rate? b. Job generation rates: overall commercial average (one figure) or by type of use (multiple figures)? N. Residential Linkage a. Mitigation rate? b. Employee generation rates square footage increments/application? V. Options for Mitigation a. Construction on site? b. Dedication of Land? c. Construction Off Site? d. Fees in Lieu? IV. Action Requested of Council The requested action of Council is to provide staff with direction on the identified policy questions that will be discussed at the meeting and on bringing back an ordinance to codify a commercial and residential linkage requirement to generate additional employee housing units within the Town of Vail. The primary focus of the upcoming meeting will be on Linkage techniques and the specific findings from the Nexus Study, which is attached. Additional regulatory programs are briefly summarized below for Council's reference. 6of7 ATTACHMENTS I -Town of Vail Nexus/Proportionality Analysis II -Additional Housing Program Options and Community Strategies 7 of 7 ATTACHMENT II -ADDITIONAL HOUSING PROGRAM OPTIONS AND COMMUNITY STRATEGIES I. Additional Housing Program Options A. Inclusionary Zoning Inclusionary requirements are typically imposed on new development at the time the development is reviewed. Developers are required to "set aside" a certain portion ~~f their development for affordable residences at mandated price points. This technique has been integrated with Linkage type programs by addressing different parts of the market; for example, the Inclusionary requirement might be to address demand from households with incomes between 80 and 100 percent of Area Median Income, while the Linkage tool might be applied to workers with incomes below 80 percent AMI. This approach avoids "double dipping" but also requires considerable effort to ensure that the techniques are achieving desired objectives Based on anticipated redevelopment, the Town can expect 2,206,823 net new square feet of residential development. This strategy would provide an estimated 441,365 square feet of new employee housing units based on a 20% inclusionary zoning policy. This policy does not help the Town catch up with any existing housing deficits or losses in existing stock, but does allow the Town to keep up with a percentage of new housing demand. This policy bests serve employees ready to purchase homes in Vail. Many resort communities have recently included this in their zoning code or are currently discussing its addition: Policy issues related to this technique include its potential impact on redevelopment in the Town of Vail. B. Impact Fees Impact fees involve requirements to pay a fee as a requirement for new residential or commercial development in a community. Based on estimated redevelopment the Town can expect 2,206,823 net new square feet of residential development. This strategy could be expected to provide $1,103,412 based on an impact fee of 0.50 /foot fee on new residential.square feet. If an impact fee also included commercial square feet, it is estimated that an additional $111,912 would be generated as part of anticipated redevelopment. This policy does not create new units but does allow the Town the flexibility of preserving existing housing stock or subsidizing other employee housing developments or capitalizing on another opportunity. The money collected for a housing impact fee would have to be spent on housing initiatives. This tool is being used in many resort communities. The flexibility that it provides is very useful. Attachment II -Page 1 C. Revised Buy Down Program /Down Payment Assistance Down payment assistance maybe offered in exchange for deed-restricting a unit. In addition to the Town seeking out units to purchase, deed-restrict and resell at a reduced price, allow the individuals to bring units for acceptance into this program; this maybe at the time of purchase or at any time during ownership. The thought would be that the down payment assistance would he a grant rather than a loan. This would be a greater incentive to deed restrict a unit. An impact fee maybe used to fund this along with current Town funding for the buy down program. The Housing Authority maybe the reviewing entity for acceptance of a unit into this program and at what dollar amount. Based on the subsidy amount and the unit the deed restriction may or may not have a price appreciation cap. An issue that has been raised with this program is the Town's ability to enforce the terms of the deed restriction. Without the wherewithal to enforce the deed restriction this would be viewed as a free subsidy for unit owners. Based on recent attorney's input the deed restrictions have been revised and the Town has been given the advice that the deed restrictions are legally defensible. Based on funding for this policy, it may or may not generate many additional deed-restricted, employee housing units. This program would help maintain existing housing stock as available to local employees. It could help make inroads on the loss of existing housing stock and may reduce future housing deficits. Upon resale of these units, it will have allowed the Town to purchase future deed-restricted units at today's real estate price. D. Review of Town Owned Land and Their Zoning Designations Timber Ridge -looking at redevelopment - currently no underlying zoning Chamonix Property - in the master planning process (anticipated MDMF zoning) Arosa Site - 1 Town owned lot zoned primary/secondary (also allowed an EHU) Middle Bench of Donovan Park -purchased with RETT Berm south of Lionshead Parking Structure -zoned General Use Top of Lionshead Parking Structure -zoned General Use Berm south of Village Parking Structure -zoned General Use E. Revised Zoning Code to Incentivize or Require Employee Units What causes some developers to build these and others to not build an EHU? What does it take to make some one build a unit of a reasonable size to sell? Do the economics work to create rental units? Does this mean that incentives should be geared to creating for-sale type units that meet the community goals of the Town? Does vertical zoning create additional opportunity for success? Attachment II -Page 2 II. Other Communities -Strategies Many other resort communities have housing requirements that are based on new residential and commercial development. Most communities are always in the learning process and modifying their requirements to meet changing community goals and needs. It will be very important for the Town of Vail to tailor the housing requirements to Vail's needs, constraints, and opportunities as they change over time. Attached is an overview of various other communities' housing programs. There is a brief summary below for convenience. The attachment contains a more complete table of different communities' employee housing programs. A. Inclusionary Zoning The following communities have inclusionary zoning requirements: Aspen/Pitkin County 30% of floor area or 60% of bedrooms (req.) Boulder 20% (requirement) Carbondale 15% (requirement) Eagle County 20% (guideline) Garfield County 10% (requirement) Glenwood Springs 15% (requirement) Longmont 10% (requirement) San Miguel County 15% (requirement) Steamboat Springs 15% (requirement as of March, 2006) Most communities allow for the mitigation to occur on-site, off-site or pay-in-lieu. The requirements generally increase slightly if off-site or pay-in-lieu is utilized. B. Commercial and Residential Linkage The following communities have commercial and/or residential linkage requirements: AspenlPitkin County 30 to 60% of commercial generation 100% of residential for homes >5750 sq ft Basalt 20% of commercial generation Eagle County 20% of commercial generation (guideline) San Miguel County 15% of commercial generation Snowmass Village 45% of commercial generation 45% of residential generation Telluride 40% of commercial generation 40% of residential generation Attachment II -Page 3 THE TOWN OF VAIL, COLORADO NEXUS/PROPORTIONALITY ANALYSIS FOR EMPLOYEE HOUSING NdTIGATION PROGRAMS Introduction The Town of Vail is reviewing employee housing mitigation programs for both commercial and residential development. Linkage programs would require that developers of commercial and residential space contribute to the provision of affordable housing in proportion to the affordable housing need that they generate by creating new employment. The basic premise of employee housing mitigation programs is that new commercial and residential development fuels demand for housing by generating new jobs. In the Town of Vail, and other areas where land is expensive and housing demand is largely affected by wealth from outside the region, the private market tends to supply housing that is priced beyond the reach of most local employees. This results in an undersupply of adequate housing that is affordable for low- to middle-income employees and, therefore, also results in housing prices that tend to escalate much faster than wages. This report establishes the link between new commercial and residential development and the demand for employees. It provides a rationale for determining the percentage of employees that could be mitigated by new development through linkage programs and presents a formula for determining the amount of fee that could be paid in lieu of producing units. This report does not address inclusionary zoning requirements, given that anexus/proportionality analysis is not required for inclusionary programs. Legal Tests There are several legal considerations involved. in the design of impact mitigation regulations. First, a "rational nexus" must be demonstrated between the impacts caused by a development and the nature of the mitigation required. Second, there must be a "rough proportionality" between the extent of the impacts generated and the extent of the mitigation required. In other words, there must be a direct relationship between the need for affordable housing and the parties upon which mitigation requirements are imposed. In addition, the fee must be no greater than the cost of mitigating the direct impacts from the specific developments. Therefore, it must be demonstrated that new development creates the need for affordable housing and that the fee assessed will be no greater than the cost of providing housing for employees generated by the development. Methodology The following seven-step process is used to establish a nexuslproportionality formula for these employee mitigation programs. The process uses well-documented statistics from primary research conducted in the Town of Vail and other mountain resort communities in Colorado and RRC Associates, Inc. neighboring states to provide a method for quantifying the number of jobs and corresponding housing demand generated by development. The steps are: 1. Identifying the level of service appropriate for the Town of Vail in terms of the percentage of low-income households and employees for which housing is to be ensured; 2. Determining the number of jobs generated by existing commercial and residential development to calculate the housing demand generated by new development; 3. Accounting for multiple job holding to avoid double counting employees; 4.. Converting the number of employees to households by applying an employees per household ratio; 5. Identifying the households to target in the employee housing mitigation programs by examining the income levels of the Town of Vail's residents; 6. Crediting developments for previous contributions to employee housing; and 7. Consolidating the information on job generation, job holding patterns, employees per household, and income levels into a formula that can be applied to commercial, residential, or mixed-use projects to calculate mitigation requirements. The above formula often results in a fraction of a dwelling unit being required. When this occurs, or in other circumstances as may be permitted by the Town, the Town may permit fees to be paid in lieu of producing units. The amount of the payment in lieu is based on the affordability gap, which is the difference between what targeted households can afford to pay and market prices for housing. This report concludes with an estimate of the gap between affordable and market costs and a calculation of the payment in lieu. Area Median Income (AMI) Orienting housing programs to the median family income for Eagle County, as published by the U.S. Department of Housing and Urban Development (HUD) each year, corresponds with State and Federal programs that might be used by private developers as well as the public sector to produce employee housing, as these programs also base income levels on the median family income. The following table shows U.S. Department of Housing and Urban Development (HUD) estimates of the median family incomes in Eagle County for one- through five-person households in 2006. RRC Associates, Inc. Table 1. 2006 Median Family Incomes for Eagle County: HUD AMI Range Number of Persons in Househol d 1 2 3 4 5 50%AMI $28,000 $32,000 $36,000 $40,000 $43,150 60%AMI $33,600 $38,400 $43,200 $48,000 $51,780 80%AMI $41,700 $47,700 $53,650 $59,600 $64,350 100% AMI $56,000 $64,000 $72,000 $79,600 $86,300 120%AMI $67,200 $76,800 $86,400 $95,520 $103,560 Source: US Department of Housing and Urban Development (HUD) Household incomes by AMI in 2006 were estimated from the 2000 US Census CHAS (Comprehensive Housing Affordability Strategy) special tabulations of households by AMI in 1999, the 1999 and 2006 HUD median family incomes in the Town of Vail and the estimated number of households in Vail in 2006. These projections include the following assumptions: the percentage of households in each AMI group has remained fairly constant since 1999 and household tenure has remained relatively constant since 2000. These estimates indicate that about 47.9 percent of households earn less than 100% AMI, or about 1,161 total households. Table 2. Town of Vail Households by AMI: 2006 Estimates AMI Range Total <50% 16.4% 398 50.1 to 60% 3.5% 84 60.1 to 80% 10.6% 256 80.1 to 100% 17.4% 422 100.1 to 120% 12,7% 307 120%ormore .39.4% 954 TOTAL 100.0% 2,422 Total <80% 30.5% 739 Total <100% 47.9% 1,161 Total <120% 60,6% 1-,468 Source: 2000 US Census, CHAS special tabulations; HUD median family incomes; DOLA population projections; RRC Associates, Inc. Level of Service Programs that require new development to produce affordable housing as mitigation for the housing demand generated by the development must conform to level of service standards applicable for both existing and future needs. The level of service indicates the current level of affordable housing that exists in the community and, when considered in conjunction with any town commitments for providing housing, provides a guideline for workforce housing mitigation requirements. It should be noted, however, that new development requirements need not be limited by the current level of service in the community if the town is active in adopting and implementing housing programs to increase the town's current level of service. RRC Associates, Inc. The level of service is defined by the current percentage of households residing in the study area that eam within the income range targeted by the adopted housing program. For example, presently about 30.5 percent of the Town of Vail's households eam less than 80 percent of the AMI. If the Town of Vail adopted a housing linkage program requiring developments to mitigate employee households earning less than 80 percent of the AMI, the town could require up to a 30.5 percent mitigation rate, based on the current service level of the town (see Table 2, above). If the Town of Vail adopted a housing linkage program that served households up to 100 percent of the AMI, a mitigation rate of about 48 percent would meet current service levels.' The above approach generates a potential measurement for the town's existing level of service for housing residents earning within different AMI levels. The data comfortably support a mitigation level of 30 percent for households earning less than 80 percent of the AMI and a mitigation level at about 48 percent for households earning less than 100 percent of the AMI. It should be noted that, since the year 2000, 142 units of income-restricted rental housing have been constructed in the Town of Vail (Middle Creek). This project primarily serves households earning less than 80 percent of the AMI. This development, in combination with other programs being pursued by the Town of Vail, are indications of the commitment by Vail to provide. much needed housing for its local workforce. Based on Middle Creek and any continued commitment from the Town of Vail to supply housing for the local workforce, the above level of service rates may be conservative. It is important to recognize that alternative interpretations of the level of service standard may be more or less conservative than presented herein, potentially supporting a higher or lower mitigation rate than presented above. It is recommended that Vail consult with legal staff regarding mitigation rates that conform to the level of service standard. Job Generation Rates When new commercial/industrial/lodging/residential projects are built, additional employment is generated. New commercial employment may be from new businesses or from businesses relocating from other space (thereby freeing up that space for other tenants). Regardless, the net effect over time is a net increase in employment in the community. Job generation rates that measure the number of jobs typically generated by residential units and in various types of commercial spaces can be used to estimate the number of jobs that will be created by new development. Commercial Linkage RRC Associates and Rees Consulting, Inc., both members of The Housing Collaborative,. LLC, have been conducting housing needs assessments in mountain resort communities throughout Colorado and in neighboring states since 1990. As part of these studies, public and private It is recognized that a portion of the households in the Town of Vail that earn less than 100 percent of the AMI are cost-burdened. Based on year 2000 US Census data, about 56 percent of households earning less than 100% AMI had housing problems, including being cost burdened (paying over 30% of income for housing), lacking complete plumbing facilities, lacking complete kitchen facilities and/or with 1.01 or more persons per room. However, these households are stilt residing in the town regardless of their ratio of income to housing payments and are, therefore, being served by housing in the community. Employee housing programs and development is intended to ease the burden on these lower-+ncome households and provide more suitable housing options for local workers. This not only results in a more stable and content workforce, but also helps the town compete with other areas for employees by providing suitable and affordable housing for the workforce. RRC Associates, Inc. sector employers were surveyed concerning the number of jobs they offer and the amount of space they occupy. From these surveys, a total of 1,857 employers were used to compile a database on job generation ratios, which are expressed as the number of total jobs (full and part time combined, not FTE) per 1,000 square feet of space. The study area includes both core resort areas as well as nearby communities, which are listed below, with survey dates ranging between 1990 and 2004. • Blaine County, ID: 1990, 1996 • Chaffee County: 1994 • Copper: 2001 • Eagle County: 1990, 1999, 2001 • Estes Park: 1991, 1999 • Frisco: 1998 • Grand County: 1992, 2001 • Gunnison County: 1992, 1998 • Composite of Pitkin, Eagle, and Garfield Counties (from Healthy Mountain Communities surveys of 1997/98 season) • Keystone: 2001 • Pitkin County: 1991 • Routt County: 1990 • San Miguel County: 2000 • Snowmass Village: 1999 • Summit County: 1990, 2001 • Telluride: 1993, 1996, 2001 • Aspen 2002. • Garfield County 2004 • Pitkin County 2004 The database contains 203 valid cases from Eagle County (103 in 1990, 100 in 1999/2001 combined), with about 19 percent of the valid cases in 1999 and 2001 being from businesses in the Town of Vail and about one-half of the 1990 surveys from businesses in the Vail and Beaver Creek area. The compared merged database has 1,544 valid cases sampled from 1990 through 2004 and combines surveys from commercial core areas, where space tends to be intensively used, and nearby communities and unincorporated areas, where employment is often less. For the purposes of the. below comparison with Eagle County, results from Chaffee County and Estes Park were not included in the merged database runs shown in Table 4 given the different economies in these areas compared to Eagle County and Uail. The composite database shows about 2.9 employees work in every 1,000 square feet of commercial space overall. The ratios are considerably higher for restaurants and bars (8.1 per 1,000 SF) and recreation-related establishments (5.8 per 1,000 SF) and slightly higher for retail space (3.0 per 1,000 SF). Generation rates in Eagle County are similar, or slightly higher, than the composite database for most categories. RRC Associates, Inc. Table 3. Commercial Job Generation Rates Merged Eagle County RRC Rates Database* 1990!1999!2001 pre-1990 Construction 4.4 4.7 10.6 Education 1.4 1.2 Office (Finance/Banking, Legal, Medical, g g 4.3 3.1- 6.6 Professional Services) Government 2.0 1.4 6.5 ry, Hair care, Real estate/property management (office) e.~ `+•~ ' •~ Retail sales 3.0 3.9 1.8 - 5.9 Service 1.4 1.7 Recreation/attractions/amusements 5,8 3.5 Utilities 1.5 1.6 un u 'Merged database excludes Estes Park and Chaffee County. Source: RRC Associates, inc. Considerations for Commercial Linkage Requirements When developing commercial linkage requirements, some communities use a single average while others combine similar categories into several groups. The rates are usually used to estimate employment when the PUD or building permit application is filed. The rates can be applied to new development and to redevelopment that results in additional space being created. Using a single average makes it less problematic when the exact use of space is not defined at the time of project approval; however, it can place disproportionate burden on commercial uses that have lower job generation rates. Utilizing multiple rates can complicate the situation when a change in use occurs. Some programs consider change in use to be exempt while others provide a credit. Most programs provide the opportunity for the applicant to provide their own job generatan estimates in the event that the proposed use is expected to generate jobs at a different rate than established by the community. The following table shows job generation rates aggregated into five categories. The overall rate would be applied to uses that do not fit within the specified categories. "Office" includes such uses as finance/banking, legal and medical professions and other professional services. This shows that commercial operations in Eagle County are slightly more labor intensive than uses in the merged database as a whole. The "overall" rate for just the Vail businesses surveyed indicate a rate of between 3.4 and 3.5 employees per 1,000 square feet of development, which is similar to that for Eagle County businesses as a whole (3.4 overall). RRC Associates, Inc. Table 4. Commercial Job Generation Rates by Condensed Categories Merged Database Eagle County Units 1990,1999,2001 Bar/restaurant 8.1 9.8 Emps11,000 sq. ft. sq. 6.1 4.2 tmps~~ ,uuu sq. sq. Source: RRC Associates, inc. Although the figures generated from the Eagle County surveys could be used to determine job generation in the Town of Vail, it is recommended that the merged dataset be used rather than specific local figures for the following reasons: ^ The smaller number of cases in individual communities is less statistically valid than the merged data set, particularly when broken down by types of businesses; ^ Surveys of individual communities provide point-in-time estimates of job generation during the year of the survey. These rates are subject to change depending on many factors, including local and regional economic conditions and changes in development incentives, ordinances and regulations that may affect the intensity of commercial space usage in the community; ^ The merged data set provides a more general sample of the types of businesses and intensity of uses found in resort communities over a period of time that includes both economic booms and slumps. This results in numbers that represent average commercial job generation that can be comfortably used over an extended period of time, rather than constantly changing with point-in-time economic conditions. ^ The merged data set also provides a more general sample of the intensity of uses of businesses in multiple resort communities. Because each community represents a different "maturation" state, the database presents an average mix of intensities that could be expected as communities change and as businesses move into and out of communities. The merged database provides job generation rates that recognize the economic mix of communities change over time, both within -and between different industries, and accommodates this change. Residential Linkage Residential dwelling units generate demand for housing through their operation and maintenance. Activities including exterior and interior maintenance and upkeep, house cleaning, meal preparation, childcare, personal services, and home office support generate jobs, many of which are relatively low paying. The employees that fill these jobs generate demand for modestly priced housing. Further, homes built for second homeownership reduce the land and number of units available for the local workforce. As a result, the more homes that are built in the Town of Vail (particularly for visitor or second home use), the more the affordable housing problem is aggravated. The Town of Vail sponsored a study this year (2006) on job generation associated with residential uses. Conducted by RRC Associates, the study was used to estimate the number of RRC Associates, Inc. permanent jobs associated with various types and sizes of residential units. This study focused on jobs directly generated as a result of the residential unit. That is, jobs associated with housing maintenance and operations, including property and rental management, homeowner's association, gardeners, snow removal, exterior maintenance, housekeepers, kitchen help/chef, child care provider/nanny, caretaker/concierge/butler, personal trainer/administrative assistant and other related employees. This study did not include workers generated through construction of the home and does not include jobs generated as a result of secondary expenditures by home occupants (e.g., retail .and other commercial expenditures). The study was based on surveys of homeowners, with 893 homeowners responding. Average job generation rates were calculated to support an employee housing mitigation program that is fairly simple to administer, yet responsive to the finding that large residential units generate more jobs than smaller units. It is important to note that the Eagle County assessor data reports only about 16 units in the Town of Vail that exceed 7,000 square feet in size, with 6 of those units being over 8,000 square feet (or about 0.1 percent of existing ownership units)2. The low incidence of larger units in the Town results in a more modest exponential relationship than would be expected if the Town had more large units. The job generation rates, expressed in full-time equivalents (FTE) per unit, were found to vary by square footage according to the following exponential function: Equation of Residential Employee Generation by Home Size Total FTE - 0.0675 * e(.0002XSquare Footage) The following table of FTE employee generation rates was calculated by applying the above formula to the mid-point of each of the residential square-footage categories shown in the first column. For units under 1,000 square feet and over 7,000 square feet, the average size of existing units in the town within these size categories was used (728 and 8,350 square feet, respectively) as determined from Eagle County assessor records. Table 5. Residential Employee Generation Rates By Home Size Size of Residential FTE Unit (Square Feet) Employees Under 1,000 0.08 1,000 to 1,999 0.09 2,000 to 2,999 0.11 3,000 to 3,999 0.14 4,000 to 4,999 0.17 5,000 to 5,999 0.20 6,000 to 6,999 0.25 7,000+ 0.36 Source: RRC Associates, Inc A study on residential job generation was also recently conducted by the Northwest Council of Governments (NWCOG}, titled "Second Homes and the Amenity Based Economy." The study found that, through owner spending, second homes generated about 8,500 direct basic jobs (51.5 percent of total direct basic jobs) and 12,000 total jobs (45.1 percent of total jobs) in 2002. z There are 326 total residential units in Eagle County that are 7,000 square feet or larger in size, accounting for about 1.4 percent of ownership units in the County. RRC Associates, Inc. More specifically, this resulted in about 1.8 jobs per second home unit that is 3,000 square feet or more in size and 1.1 jobs per second home unit that is less than 3,000 square feet in size. Table 6. Jobs Created Through 2"d Homeowner Spending: Eagte County, 2002 Size of 2^~ Home Basic Jobs Total Jobs Total Jobs per Unit Denomination of Unit I mrlar ~ nnn sn. Ft 6.219 8.793 1.4 Dwelling Unit 3,uUU 5q. I-t. or more z,zts3 J,LLO i.o v...,~miy ~~~~~ Source: Northwest Council of Governments "Second Homes and the Amenity-Based Economy," April 2004. The NWCOG job generation figures differ from those estimated by RRC Associates for the following primary reasons: NWCOG focuses on second homeowner properties only.. RRC Associates calculations represent jobs generated by ail residential properties (those occupied by full-time residents and second homeowners) and NWCOG figures represent all jobs created through second homeowner expenditures in the local economy (this includes not only property maintenance, but retail jobs, service jobs, etc.). RRC Associates calculations represent only those jobs generated by the constructed residence, as measured through direct employment by property owners for ongoing property maintenance and operation (gardeners., property managers, housekeepers, etc.). Considerations for Residential Linkage Requirements. The above data presents some interesting considerations for communities when devising a residential linkage program. One method evaluates the total impact of second homes on the economy based on expected homeowner expenditure patterns in the area and, therefore, all primary and secondary jobs created as a result of that impact (NWCOG}. The other method evaluates only that employment directly generated by the constructed residence (employees directly hired by property owners to maintain and operate their property). When considering the impact of residential uses, and particularly second homeowners, on local job generation and developing regulations that respond to those impacts, the following issues need to be considered: ^ Homeownership cannot be determined until the time of sale of the property, although it may be possible to reasonably "predict" home occupation based on the'size, price and location of proposed developments, among other factors; ^ Properties sold to locals may be resold to second homeowners, causing a potential increase in employment, but with no ability to require a respective increase in employee mitigation; ^ Communities considering commercial linkage and residential linkage must ensure that the adopted programs are not "double-charging" for the same employees. In other words, if residential developments are required to mitigate for all jobs created through homeowner expenditures (direct basic jobs and secondary jobs, including property management as well as retail jobs, service jobs, etc.}, commercial linkage figures must ensure that employees housed by residential linkage requirements are not also required to be housed through commercial linkage; and ^ There is a positive correlation between household size and job generation -the larger the home, the more jobs that are generated by the residence. To ensure fairness in implementation, requirements should vary by size of the home. The implementation of requirements segmented by broad categories of mitigation (e.g., less than 3,000 square RRC Associates, Inc. feet and 3,000 square feet or more) may not equitably distribute job generation and employee mitigation. It should be noted that the direct employment figures generated by RRC Associates, Inc., include the above considerations. Residential job generation figures purposefully only include employees directly hired by property owners to avoid double-counting employees that are needed by local commercial operations. Residential generation figures also purposefully include all property owners. This negates the complexity of trying to determine whether properties will be purchased by locals or second homeowners and provides amiddle-ground figure that results in mitigation fitted to the life of the property (including changes in ownership). However, it is recognized that some communities may prefer to have higher requirements for second homeowners in line with their total job generation in a local economy, with corresponding reduced requirements for commercial development. This approach could be supported through additional data analysis and could be achieved through creative program development and sensitivity to the above-mentioned issues. Accounting for Multiple Job Holding The job generation ratios for commercial space measure the total number of full- and part-time employees combined; no adjustment was made when counting part-time jobs. Some of the employees, particularly the part-time. workers, may also hold other jobs. To avoid double counting and potentially requiring two different commercial developments to pay for housing the same employee, the number of total employees in commercial space that generate demand for housing in the Town of Vail needs to be adjusted for multiple job holding. Because job generation rates for residential dwellings are presented in terms of full-time equivalents (FTE), they do not need to be adjusted for multiple job holding. The 1999 the Eagle County Housing Needs Assessment found that employees in the county hold an average of 1.2 jobs. This measure was calculated by evenly weighting the number of jobs held during the winter, summer and shoulder seasons. It is similar to the results found in other mountain resort communities where, over the years, the number of jobs. held by employees has typically ranged between 1.15 and 1.35. The projections of jobs and workers holding jobs in Eagle County in 2005 that were compiled by the Department of Local Affairs also average about 1.2 jobs per worker. Converting from Workers to Households Employees often live together in family and unrelated roommate households. Housing requirements need to recognize these lifestyle patterns. The number of employees per household living in family households was estimated from the 2000 US Census. Family households with at least one employee have 1.8 employees on average. When non-family household estimates are included (including householders under 65 that are living alone and with unrelated persons), this drops to about 1.4 employees per household, on average. This results in large part because 34 percent of households in the Town of Vail are single-person households and can, therefore, have at most one employee. The number of households generated by a project equals the number of new employees divided by 1.5 employees per household. RRC Associates, Inc. Identifying Program Methods and Household Targets A decision must be made as to which types of programs will be targeted by the Town of Vail's proposed residential and commercial employee housing mitigation programs. It is important that developers not be "double-charged" by housing requirements to avoid the need for crediting developments for payments made through other mechanisms (see the section on Credits in this report). For example, many programs implemented in other Colorado mountain resort communities typically employ either residential linkage or inclusionary zoning to avoid "double- charging" residential developments for the same employees. Further, the current approach outlined in Eagle County's Housing Guidelines also prevents double-charging by having inclusionary and linkage requirements target different household income ranges (80 to 100% AMI and 60 to 80%AMI, respectively). Income ranges served by programs are unique for each community depending on their specific household needs. Most programs adopted in other Colorado mountain communities .require housing to be built for households earning anywhere between 60 percent and 120 percent AMI, with many requiring that employee units average 80 percent AMI mitigation. Different ranges can be targeted based on local needs -for example, Aspen/Pitkin County have eight service- level categories, covering from low-income households through four levels of upper income categories. The Town has the discretion to require different mitigation rates for residential and commercial development, provided the rates are based on a legitimate public purpose. For example, commercial development can be assessed a lower mitigation rate than residential provided there is a finding of fact that doing so achieves a public purpose,' sucti as the encouragement of economic development and the support of fiscal soundness through the generation of sales tax revenues. Credits Any taxes or fees paid by new development that are used to address existing housing deficiencies must be credited for the amounts paid. Mitigation Formula To determine the number of affordable housing units that commercial, residential, or mixed-use projects must produce, the following formula is used. • The size of the project is first multiplied by the appropriate job generation rates to estimate the number of jobs that will be created; • The number of jobs generated for commercial space and lodging is then divided by the average job holding ratio of 1.2 jobs per employee to estimate the number of new employees that will be generated by the development; • The number of new employees is then divided by the number of employees per household (1.5) to estimate the number of new households generated by the project; and RRC Associates, tnc. • The total number of households is then multiplied by the percent mitigation rates, as approved by the Town of Vail, to determine the number of units required. Table 7. Calculation of Commercial and Residential Linkage Requirements Commercial Factor Calculation Size of Development Leasable Square Feet Jobs generated Rate per 1,000 SF rate x SF/1,000 Bar/restaurant - 8.1 Commercial retail - 3.0 Office - 3.8 Real estate/property management (office) - 6.1 Other - 2.9 Employees generated 1.2 jobs per employee Jobs generated / 1.2 Households generated 1.5 employees per unit Employees generated/1.5 Units Required 30% mitigation rate* Households generated x 30% Residential Factor Calculation Size of Development # Units Employees generated Unit Size # units x approximate job generation See Residential Employee rates Generation Rates By Home Size table (pg. 7) Households generated 1,5 employees per unit Employees generated/1.5 Units required 30% mitigation rate* Households generated x 30% "For illustrative purposes, a 30 percent mitigation rate was assumed for commercial and residential requirements. Other mitigation rates could easily be substituted, if desired. The number of new households for which housing must be provided is a function of public policy as well as proportionality. Based on the analyses presented in this report, the current level of service of the Town would result in a 30 percent mitigation rate for programs targeting households earning 80 percent of AMI or less, with a higher rate potentially supportable depending on the commitment of the Town of Vail to provide housing through other mechanisms. The mitigation requirements can also be less than the maximum permitted for residential or commercial development, or both, depending on the goals of the Town of Vaii with respect to meeting employee housing and other needs. RRC Associates, Inc. Units required 30% mitigation rate * Households generated x 30% Fee in Lieu Calculation The difference between prevailing market prices and what targeted low-income households can afford to pay for housing. is the gap that must be taken into consideration when determining the amount of fee that could be paid in lieu of producing units under certain circumstances. This gap varies by the income level of the targeted household and whether homeownership or rental housing is to be provided. To generate one number for each targeted income category that represents the gap between affordable and market costs, a series of calculations must be made, as follows: 1. The income range of targeted households is first established. The basis is the median family income for two-person households in the Town of Vail. The income for two-person households was used since the average household size in the Town of Vail as of 2004 is about 2.09 persons (as estimated by the Department of Local Affairs). The income range must be updated annually to reflect changes in the published wage or median income figures, depending upon which is used as an eligibility measure. As a result, the amount of the gap and resulting payment in lieu will fluctuate yearly. 2. The target income point within the range is then set so that a single gap calculation can be performed. For the calculation under Category 1 (incomes at or below 80% of the median), the target point is set at 60% of the median. This rationale is supported by the fact that the funds received from payments in lieu will be used by the Town of Vail to leverage funds to develop employee housing (the fee only covers the gap) and 60% of the median income is often targeted by Federal and State financing programs. 3. The affordable monthly housing payment is next established based on a commonly used standard: 30% of gross income equals the housing payment. 4. The affordable monthly housing payment is then converted to an affordable purchase price by assuming the cost of property taxes and insurance is equal to 20 percent of the total affordable housing payment, then assuming that mortgage terms based on the remaining 80 percent of the payment include a 5 percent down payment and a 7 percent fixed rate of interest for 30 years. 5. An average size for each income category is set taking into consideration the average household size for units sold between June 2005 and May 2006 that fall within affordable price ranges for each AMI household. The current figures of 850 square feet for households earning less than 80% of the AMI and 900 square feet for households earning between 80 and 100% of the AMI are provided as examples only. Guidelines for the Town's program should establish both an allowable range of sizes and a required average size for the income categories. 6. The per square foot sales prices of dwelling units purchased in the Town of Vail between June 1, 2005 and May 31, 2006 was used as the basis for housing costs (as determined from Eagle County Assessor data). The figure of $458 per square foot was the median cost of units sold during this period (with outliers removed). The cost of units sold rather than the cost of construction has been used for several reasons: • Market-rate prices on a per square foot basis can be readily obtained and can be used to update the fee on a regular basis; • Construction costs vary widely, depending upon numerous variables. Adding the cost of land further complicates the calculation; and RRC Associates, Inc. • The Town may use the fees obtained to purchase existing units, provide rent subsidies, or support other housing efforts in addition to new construction projects. 7. The affordability gap is the difference between the cost (median per square foot price of recently purchased dwellings multiplied by the average size of units required for each income category) and the affordable purchase price. Programs targeting the lower income category (<_ 80°/o AMI) would have a per unit payment in lieu of $267,788 or a per employee payment in lieu of $178,526, as shown in the following table. Table 8. Calculation of Fees in Lieu based on Median Income Limits Category 1 Category 2 <_80%AMI 81 % -100% AMI Income Range (2-person households) $ 0 - $47,700 $47,701- $64,000 Target Income Point (60% -Cat. 1; 90%AMI - Cat. 2) 38,400 57,600 Affordable Monthly Housing Pmt. $960 $1,440 Property Taxes/Insurance/HOA estimate $192 $288 (20% of Aff. Monthly Hsg. Pmt.) Mortgage Payment $768 $1,152 Max. Mortgage Amount* 115,436 173,154 Affordable Purchase Price 121,512 182,267 Average Sq. Ft of Units 850 900 Median per Sq Ft. 458 458 Cost per Unit $389,300 $412,200 Affordability Gap I Payment per Unit in Lieu $267,788 $229,933 Employees per unit 1.5 1.5 Affordability Gap /Payment per Employee in Lieu $178,526 153,288 Assumes 5% down, 7% interest for 30 years. It should be noted that the calculations presented above assume that any HOA fees (plus property taxes and insurance) would be covered by 20 percent of the "affordable monthly housing payment." This percentage can be amended depending upon expected HOA dues being lower or higher than this allowance. For developments that result in a fraction of a housing unit being required, the payment is determined by applying that fraction to the per-unit in lieu amount. For reference, Table 10 shows the current 2006 Area Median Income levels for Eagle County households (and used for the Town of Vail) and Table 11 shows the estimated affordable purchase price of homes for each income category. RRC Associates, Inc. Table 9. Area Median Income by Household Size: Eagle County 2006 1-person z-persons s-persons ~+-pc~av~~~ ~-N~~~~~~J 30% 16,800 19,200 21,600 $24,000 25,900 50% $28,000 $32,000 $36,000 $40,000 $43,150 80% $41,700 $47,700 $53,650 $59,600 $64,350 100% $56,000 $64,000 $72,000 $79,600 $86,300 120% $67,200 $76,800 $86,400 $95,520 $103,560 Source: Department of Housing and Urban Development Table 10. Affordable Purchase Prices of Homes* by AM1, 2006 1-person 2-persons 3-persons 4-persons a-persons 50% 88,602 101,260 $113,917 $126,575 136,542 80°1° 131,954 150,940 169,768 188,596 203,627 100% $177,204 $202,519 $227,834 $251,883 $273,085 120% $212,645 $243,023 $273,401. $302,260 $327,702 Source: Department of Housing and Urban Development, RRC Associates, Inc. 'Assumes a 30-year, 7% fixed rate loan, with 5% down and 20% of monthly payment for property taxes, insurance and HOA fees, with no more than 30% of household income used for housing payments. RRC Associates, Inc. a f MEMORANDUM TO: Town Council FROM: Stan Zemler, Greg Hall, Judy Camp DATE: September 14, 2006 SUBJECT: Long-Term Capital Analysis, 2006-2021 - I. INTRODUCTION As part of last year's budget process (2006), staff presented a comprehensive discussion of the town's long-term capital needs, particularly as they related to maintaining existing facilities. In Tuesday's work session, we have set aside time for an update on the plan. II. ASSET MANAGEMENT The Town of Vail is responsible for the long-term care and maintenance of existing town managed assets with an estimated replacement cost of $350 million (excluding land) plus over $20 million of existing assets managed by the Vail Recreation District. These assets include infrastructure such as streets, bridges, storm sewers, street lighting, signs, and recreation paths. The town also has significant assets in buildings, parking structures, and other facilities such as bus stops, park restrooms, playgrounds, street furniture, planters, fountains, and public art. In addition, the town is responsible for many systems, such as security, computer software and hardware, communications, snowmelt, and irrigation. An extensive fleet of vehicles, buses, and equipment is also cared for. In addition, the town manages its open space lands as well as other parcels. Taking care of the town's existing assets is an important budgetary responsibility. Managers in the Public Works Department are responsible for evaluating short-and-long-term needs associated with facilities, transit and parking, streets and bridges, parks, buses, vehicles, and other equipment. These managers recommend schedules for routine and preventive maintenance for inclusion in the capital budget, and, when appropriate, make recommendations for replacement. III. FUNDING Primary funding to maintain and/or replace the town's existing assets and to build or acquire new capital assets comes from the Capital Projects Fund and the Real Estate Transfer Tax (RETT). Major revenue sources for these funds include sales tax and real estate transfer tax. Currently, 40% of total sales tax is directed to capital projects. All of the real estate transfer tax goes to the RETT Fund; however, a portion of RETT Fund revenue is spent on annual operating costs including flowers, mowing, !j park restroom maintenance, etc. RETT Fund capital expenditures are also limited by ordinance to parks, recreation, and open space. IV. FIFTEEN-YEAR PROJECTION The attached schedule includes: an updated projection of costs to maintain the town's existing assets; other projects previously included in the five-year projections; and a list of capital projects identified but not yet included in the budget or projection. Since this time last year, we have seen unexpected cost increases in construction materials, particularly asphalt (7d%), concrete (55%), and other petroleum-based materials such as pipe, plastics, sealants, and carpet. Higher fuel costs are impacting almost all material costs. The attached schedule is based on today's prices for construction materials with 5% annual increases in future years. These cost increases are the primary difference between this year's projection and what was presented to you last year. The format of the pro forma is changed somewhat from last year to more clearly show which of the two funding vehicles, the Capital Projects Fund and the RETT Fund, have historically provided the money to maintain which assets. Revenue estimates have also been updated based on information presented to Council on August 1. V. CONCLUSIONS AND NEXT STEPS Costs to maintain and protect the town's existing assets are significant and increasing as construction costs skyrocket and the assets get older. New projects also increase the amount needed for future maintenance as well as annual operating expenses. As we move forward with the 2007 budget and five-year projections, new funding sources for capital projects will need to be discussed along with capital project priorities and timing. With Council's agreement, staff proposes to work with the Vail Economic Advisory Council to gather input and recommend options to finance future capital projects. Options may include: bonding against current revenue sources;. use of existing or new tax increment financing (TIF); use of fund balances including the $8.2 million raised for the conference center; and a ballot issue for a mil levy increase. Over the next two weeks, staff will also work on reviewing the latest five- year projections for the. Capital Projects and RETT Funds, focusing on prioritizing projects and evaluating the impact of delaying projects that do not fit within projected funding. Revised five-year projections will be presented for discussion in the work session on October 3rd fir _____ _-- Town of Vail ___ _ _ ____ _ __ _.___ _ - -- Capital Asset Management ~_ _ ~ 15•Year Pro'ection _ _ _ ° Incr 2006 2007 2008 2009 2010- 2011 2012 2013 ~ 2014 2015 2016 2017 2018 2019 2020 2021 Ca ital Pro'ects Fundin Sales Tax 4,0°~ __ 7,430,440 6,706,600 7,223,800 7,659,520 7,989,120 8,299,48_0 8,631,000 8,976,000 9,335,000 9,708,000 10,096,000 10,500,000 10,920,000 11,357,000 11,811,000 12,283,000 Grants and Pro ect Reimbursement ~ 3,048,832 - 4,900,000 510,000 600,000 - - _ - - - - Leases, Interest Income & Other ~ ~ Ca ital Pro' Fund Total 209,000 10,688,272 166,000 6,812,600 161,000 12,284,800 167,000 8,336,520 170,000 8,759,120 170,000 8,469,480 170,000 6,801,000 20,000 8,996,000 20,000 9,355,000 20,000 9,728,000 20,000 10,116,000 20,000 10,520,000 20,000 10,940,000 20,000 11,377,000 20,000 11,831,000 20,000 12,303,000 Ca ital Maintenance Ex enditures Bus Shelters 10,000 30,000 10,000 30,000 30,000 30,000 30,000 30,000 30,000 30,000 30,000 35,000 35,000 35,000 35,000 35,000 Parkin Structures 662,875 455,000 935,000 480,000 540,000 860,000 1,055,000 860,000 1,100,000 575,000 730,000 765,000 765,000 770,000 775,000 640,000 Facilities 409,888 446,000 400,000 755,000 970,000 380,000 1,285,000 675,000 605,000 640,000 670,000 635^000 620,000 695,000 780,000 490,000 Ca ital Street Maintenance 1,600,874 830,000 1,625,000 1,505,000 1,510,000 1,245,000 1,245,000 1,560,000 1,205,000 1,190,000 2,155,000 1,050,000 985,000 2,550,000 1,455,000 1,235,000 Dobson Ice Arena 7,900 Creekside Housin Im rovements - - - - 60,000 Street Light Improvements 66,877 50,000 50,000 50,000 50,000 45,000 50,000 50,000 50,000- 50,000 50,000 50,000 50,000 50,000 50,000 50,000 Fire Truck Rebuild /Refurbish 300,000 - 250,000 - - - - - - - - - - - Comm Dev Plotter 9,000 Software Licensin 67,000 Com uterSoflwarelHardware Website and e-commerce 80,417 12,000 117,000 20,000 43,000 12,000 52,000 12,000 78,000 20,000 50,000 12,000 50,000 12,000 50,000 20,000 50,000 12,000 50,000 12,000 50,000 20,000 50,000 ,12,000 50,000 12,000 50,000 20,000 50,000 12,000 50,000 12,000 CAD/RMS Maintenance Paid for b Ca ital Fund 52,260 2,979,091 92,500 2,340,500 50,000 3,125,000 50,000 3,184,000 100,000 3,358,000 50,000 2,672,000 50,000 3,777,000 100,000 3,345,000 50,000 3,102,000 50,000 2,591,000 100,000 3,805,000 50,000 2,647,000 50,000 2,567,000 100,000 4,270,000 50,000 3,207,000 50,000 2,762,000 Ca ital Re lacement Ex enditures Nei hbofiood Road Reconstruction - - - 2,215,000 6,240,000 6,940,000 - - - - - - - - - ' Nei hborhood Brid a Reconstruction - - - 1,750,000 1,750,000 - - - - _ - - - - - Fire Truck Replacement 240,000 240,000 520,000 - - 546,000 - 596,500 - - • - - 109,000 - Fire Breathin Ap aratus 30,000 - - - - - - - - - - - - - EVail Radio Tower - - - - 25,000 - - • - - - - - - Parkin E uipment Re lacement 800 Radio E ui ment - - - 495,500 400,000 227,000 48,000 693,000 48,000 GPS for Buses _ 362,500 Replace Buses ___ Re lacement Paid for by Capital Fund 2,398,942 3,031,442 - 240,000 3,854,200 4,669,700 143,400 4,735,400 2,199,600 10,214,600 1,203,400 8,689,400 - 48,000 - 596,500 - 693,000 3,502,400 3,502,400 - - - - - 157,000 - Debt Service and Financin Timber Rid a Loan - - - T~ -- TimberRidge Debt Service Guarantee 925,000 - - - DebtService on Outstandin Bonds 2,236,200 2,322,497 2,321,825 2,320,363 2,317,803 2,323,004 2,124,692 _ Transfer from General Fund: 2,000,000 _ Total Debt Servlce and Financin 1,161,200 2,322,497 2,321,825 2,320,363 2,317,803 2,323,004 2,124,692 - Funds Remaining for Capital: 3,518,539 1,969,603 1,968,275 1,903,243 7,131,283 5,214,924 2,851,308 5,651,000 5,658,500 6,438,000 2,808,600 7,873,000 8,373,000 6,950,000 8,624,000 9,541,000 _~ _~ - --- Town of Vail - _ _ Capitai Asset Mana ement __ __~_ ~ - - 15•YearPro action - _ Incr 2008 2001 _ 2008 __ 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 DiscretionaryMew Pro Included inFive-Year Plan _ _._ Capital ro ts: _ - Wend s Pro art urohase ~ 2,026,000 Flammable sto e / Ma Chloride seconds containmt 24,000 Document Ima in 40,000 40,000 40,000 40,000 48000 __ Patrol Car Video Cameras 45,000 - - - - - _ -_.-- _- Vehicle Expansion 45,429 - - - - - -- Fireinfrastructure improvements 770,264 2,000,000 975,000 - - ' Fiber 0 tics in Buiidin 5 15,000 15,000 15,000 15,000 15,000 Donovan Park Pavilion 29,634 - - - G mnastics Facili 12,000 - - West 8 East Meadow Drive 907,092 1,100,000 1,720,000 - East Meadow Drive-Streetsca Heat 965,000 1,180,000 1,690,000 - ~Ila a Streetsca a 2,996,797 - - - - Buy-down Pro ram 283,500 100,000 100,000 100,000 100,000 Timber Rid e L aUZonin 25,000 Lionshead Im rovements 200,695 - - - IntermodalSite - - 4,000,000 - - ' Revise TOV Master Plans 168,282 150,000 - - - LH Parkin Structure RFP Process 42,500 I-70 Noise 592,209 250,000 250,000 250,000 250,000 - - - - - - - - - - Wa Findin Im rovements 49,984 - - Total Pro acts Included in Five-Year Plan: 9,238,386 4,835,000 8,790,000 405,000 413,000 - - - - Funds Remaining after Projects: 5,721,847 2,885,397 6,821,725 2,308,243 ,544,283 5,214,924 2,851,308 5,651,000 5,656,500 6,438,000 2,808,600 7,873,000 8,373,000 6,950,000 8,624,000 9,541,000 Be innin Fund Balance: 10,249,191 4,527,344 1,661,947 (5,159,778 (7,468,021) (15,012,304) (20,227,228 17,375,920 11,724,920 6,068,420 369,580 3,178,180 11,051,180 19,424,180 26,374,180 34,998,180 Ending Fund Balance: 4,527,344 1,661,947 (5,159,778) (7,468,021) 15,012,304 20,227,228 17,375,920 11,724,920 (8,068,420) 369,580 3,178,180 11,051,180 19,424,180 26,374,180 34,998,180 44,539,180 Town of Vail _ __ _ _ __.__ Capital Asset Management _ ___ ~___ _ _ 15•YearProjection _ Incr 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Real Estate Transfer Tax Fundin Real Estate Transfer Tax 4.0°k 6,175,000 8,821,500 5,968,300 6,825,400 7,301,200 6,888,300 7,164,000 7,451,000 7,749,000 8,059,000 6,381,000 8,716,000 9,065,000 9,428,000 9,805,000 10,197,000 Lease, Ameni Fees, Interest Income & Other Earmarked for Annual Maintenance and Landscapin 5.D% 532,347 1,522,518 325,018 1,701,877 236,708 1,552,315 250,509 1,701,723 256,725 1,766,327 _ 263,058 1,854,600 269,700 1,947,300 276,500 2,044,700 283,400 2,146,900 290,500 2,254,200 297,800 2,366,900 305,400 2,465,200 313,200 2,609,500 321,100 2,740,000 340,062 2,877,000 360,465 3,020,900 Real Estate TransferTax Fund Total 5,184,829 7,444,641 4,652,693 5,374,188 5,791,598 5,296,758 5,486,400 5,682,800 5,885,500 6,095,300 6,311,900 6 536,200 6 768;700 7,009,100 7,268,062 7,536,565 Rec. Path Capital Maint 112,000 216,300 222,789 229,473 236,357 243,448 250,751 258,274 266,022 274,002 282,222 290,689 299,410 308,392 317,644 327,173 _ Tree Maintenance 72,651 87,000 60,000 60,000 65,000 Forest Health Mana ement 342,188 250,000 250,000 250,000 250,000 _ Recreation Master Piannin w/ VRD 60,000 150,000 - - - Street Furniture Re lacement 55,491 20,000 20,000 20,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 30,000 30,000 30,000 30,000 30,000 ADA Compliance wl VRD 120,000 50,000 Katsos Ranch 500,000 750,000 Cascade Skier Brid a 60,000 - Cascade Bike Path 313,984 _ - Widenin of W.Haven Dr. Ped Bride 94,620 - ._ _ Timber Rid e-Buffehr Creek Rd se aration - 675,000 Lionshead to Meadow Bride - - - 202,500 Streamwalk DA 8 Safe im rovements - - 225,000 ' Trailhead Development 24,392 21,000 22,100 23,200 Villa a Streetsca a Deli n & Im lenient 1,250,000 - Meadow Drive 1,042,027 920,000 1,250,000 FroMa a Road Bike LaneslTrails - - 1,275,000 675,000 715,100 Dobson Roof Re lacement 500,000 Raw Water pro'ect 27,557 Stream Tract Incursion Surve 34,881 Bi Hom Park -Per Safe Ian 218,997 Red Sandstone Park -Per Safet Ian 58,000 386,000 Ford Park Safety improvements 304,000 414,000 5t hens Park Safet Im rovements 545,000 Buffehr Creek Park Safe Improvements 600,000 Elkfson Park Safe Improvements 600,000 Retrofit Park Restrooms - 3 seasons 200,000 Park I Pla round Ca ital Maintenance 95,000 100,000 105,000 110,000 115,000 90,000 80,000 82,400 84,872 67,418 90,041 92,742 95,524 98,390 101,342 Public Art 261,578 247,000 350,000 240,000 275,000 290,000 Ca italPaidforb RETTFunds: 4,885,366 3,544,300 4,165,889 2,310,173 1,985,457 646,446 355,751 365,674 375,894 386,420 397,263 413,431 969,934 1,036,762 1,462,986 357,173 DiscretionarylNew Pro ects Included in Five-Year Plan RETT pro'ects: _ ___ Bear Proof Containers 19,500 _ Alpine Garden Support 80,000 54,080 56,243 58,493 58,493 Black Gore Creek Sand Miti ation 100,000 100,000 100,000 100,000 100,000 Seibert Circle 620,706 _____ Donovan Park 49,050 _ _ While Water Park 118,317 _~ Gore Creek Promenade Bride 295,000 _ __ Lionshead ark 139,000 928,000 _~ __ _ _ _ _ ___.. _ Booth Creek Park Redevelopment _i _ 422,000 _ !~ __ __ _____ ___ Public Restrooms 420,000 __ _ __ ___ __ Skate Park 400,000 rv_ ~ _____ _ ___ __ ____ ___ Vail Memorial Park _ __ 50,000 _ ___ _ _ I _ _ __ _ Ford Park Master Plan -improvements 1,500,000 0_ 1,575,00 1,650,000 ___ _ _~__ ~_,__ __ _ ___ _ .___.~_ _ 0 en Space Land Acquisition __ 793,447 . _ ___ ____ ~ _ ____ Total Projects Included in Five•Year Plan: 2,128,020_ 2,615,080 3,079,243 1,808,493 158,493 _ ___~ Funds Remaining after Projects: 1,826,557 1,285,261 2,592,439 1,255,520 3,647,648 4,648,310 5,130,649 5,317,126 5,509,606 5,708,880 5,914,637 6,122,7fi9 5,798,766 5,912,318 5,805,076 7,179,392 Be innin Fund Balance: 7,483,505 5,656,948 6,942,209 4,349,770 5,605,290 9,252,938 13,901,248 19,031,897 24,349,023 29,858,629 35,567,509 41,482,146 47,604,915 53,403,681 59,375,999 65,181,075 -- - _.^ ~----- --- --- -- - - --- - - _ __ -- -- ------------_ __.. r_.-- Endin Fund Balance: -- - 5,656,948 -- - 6,942,209 -- 4,349,770 ___~ 5 605,290 .--- 9,252,938 -- - 13,901,248 -- 19,031,897 _ 24,349,023 29,858,629 35,567,509 41,482146 47,604,915 53,403,681 59 375,999 65,181,075 72,360 467 3~ i New Projects Not Yet Included Simba Run Underpass $ 15,000,000 Town Shop Mtc improvements $ 9,225,400 Frontage Road -Lionshead $ 5,875,000 Library Remodel (includes 3rd floor) $ 5,750,000 Frontage Road -Ford Park $ 4,570,000 Golf Course Clubhouse $ 3,345,191 Booth Creek Park Redevelopment $ 2,812,000 East Vail Major Reconstruction (2015) $ 2,500,000 Main Vail Major Reconstruction (2010) $ 2,400,000 Municipal Building Renovation $ 2,400,000 Frontage Road -East Vail $ 2,000,000 N Frontage Road -West Vail $ 2,000,000 Creekside Housing Improvements (later years) $ 1,102,000 East Vail Interchange $ .1,000,000 Main Vail Interchange $ 1,000,000 N Frontage Road -Sandstone $ 1,000,000 Dobson Ice Arena $ 972,200 Buzzard Park Housing Improvements (later years) $ 950,000 LH Auxilliary Building Renovation $ 875,000 Town Wide Video Security $ 875,000 E. Vail Fire Station Remodel $ 775,000 Tennis Center Improvements $ 760,000 Landscape Medians $ 570,000 LH Information Center Renovation $ 550,000 Fire Truck Addition $ 535,000 Hybrid Bus Battery Replacement $ 511,400 GIS $ 500,000 Way-Finding: Variable Message Signs $ 500,000 Building Remodels $ 478,000 Donovan Park Pavilion -Ventilation $ 400,000 Nature Center $ 335,000 Gore Tank Upgrade Communications $ 115,000 Greenhouse $ 100,000 Bio-Mass Study $ 50,000 Fire Suppression in Computer Rooms $ 35,500 Total: $ 71,866,291 Lionshead Parking Structure Municipal Building Replacement Ford Park Athletic Field Restroom Youth Center Recreation Center Village Loading Facility Parking Structure Expansion Performing Arts Center Conference Center 4 NOTE: EXHIBITS WILL BE SENT UNDER SEPARATE COVER ON MONDAY ORDINANCE NO. 24 SERIES OF 2006 AN ORDINANCE CONCERNING THE ORGANIZATION OF A GENERAL IMPROVEMENT DISTRICT IN THE TOWN OF VAIL; ACCEPTING THE PETITION FOR THE ORGANIZATION OF SUCH GENERAL IMPROVEMENT DISTRICT, AND MAKING CERTAIN FINDINGS AND DETERMINATIONS; WAIVING ALL REQUIREMENTS FOR NOTICE, PUBLICATION AND HEARING AS PERMITTED BY STATUTE; DECLARING THE NECESSITY OF THE FORMATION OF THE GENERAL IMPROVEMENT DISTRICT; ESTABLISHING AND CREATING THE TOWN OF VAIL GENERAL IMPROVEMENT DISTRICT NO. 1; TOWN OF VAIL, COLORADO; AND PROVIDING OTHER DETAILS RELATING THERETO. WHEREAS, the Town of Vail, Eagle County, Colorado (the "Town") is a municipal corporation duly organized and existing under the laws of the State of Colorado (the "State") and in particular under the provisions of Article XX of the Constitution of the State and the Town Charter (the "Charter"); and WHEREAS, a Petition In Re the Organization of the Town of Vail General Improvement District No. 1, Town of Vail, Colorado has been filed in the office of the Clerk and Recorder (the "Clerk") of the Town; and WHEREAS, such Petition has been reviewed by the Clerk; and WHEREAS, such Petition has been signed by the registered electors representing one hundred percent of the taxable real property within the proposed district and contains a request, pursuant to Section 31-25-607(3.5), Colorado Revised Statutes ("C.R.S."), for waiver of all requirements for notice, publication and a hearing set forth in Sections 31-25-606 and 31-25- 607, C.R. S, and a request for waiver of the bond provided for in Section 31-25-605, C.R.S. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL: Section 1. Short Title. This ordinance shall be known as and may be cited by the short title "Organizational Ordinance" (the "Ordinance"). Section 2. Authority for this Ordinance. This ordinance is adopted by virtue of the Town's powers as a home rule municipality operating pursuant to Article XX of the State Constitution, the Charter and Part 6 of Article 25 of Title 31, Colorado Revised Statutes. Section 3. Acceptance of Petition. The Town Council of the Town (the "Council") hereby accepts the Petition In Re the Organization of the Town of Vail General Improvement District No. 1, Town of Vail, Colorado (the "Petition"), which requests the formation of a general improvement district to be known as the "Town of Vail General Improvement District No. 1, Town of Vail, Colorado" (the "District"). The Council hereby finds that the signatures on the Petition are genuine, that the Petition is signed by registered electors representing one hundred percent of the taxable real property within the proposed District, and that the Petition contains a request for waiver of all requirements for notice, publication and a hearing set forth in Sections 31-25-606 and 31-25-607, C.R.S, and for the filing of a bond as set forth in Section 31-25-605, C.R.S. The Council hereby determines that the proposed services are those authorized to be provided by the Charter and/or the laws of the State of Colorado. The Council hereby determines that the proposed services do not duplicate or interfere with any municipal services already provided or planned to be provided within the limits of the proposed District. The Council finds that the creation of the District and proposed services will confer a general benefit on the District and that the costs of the services will not be excessive as compared with the value of the property in the District. The Council hereby finds, determines and declares that the organization of the District will serve a public use and will promote the health, prosperity, security and general welfare of the inhabitants of the Town and the District. The Council hereby determines to grant such request for waiver and finds that the allegations of the Petition are true and that the District should be established. Section 4. Approval of District. It appears that the Petition has been duly signed and presented in conformity with Colorado law and that the allegations of the Petition are true. The Council hereby finds that it has full jurisdiction under the law to adopt this ordinance, that the District is hereby declared organized, and that the District shall be known as the "Town of Vail General Improvement District No. 1, Town of Vail, Colorado", in all subsequent proceedings. The District shall be a public, orquasi-municipal subdivision of the State of Colorado and a body corporate with the powers set forth in Part 6, Article 25, Title 31, C.R.S. The ex officio Board of Directors of the District shall be the Council (the "Board"). The District may incur obligations and liabilities only for the purposes for which the District is created, as described in this ordinance and in accordance with law. Section 5. District Boundaries. The District is located entirely within the boundaries of the Town, and a legal description and map of the District boundaries is set forth in the "Ordinance No. 24, Series 2006 Exhibit Supplement" on file with the Town Clerk of the Town, as Exhibit A to this Ordinance. Section 6. Inclusion Area. Petitioner anticipates additional property will be included in the District in the future, which property is set forth in the "Ordinance No. 24, Series 2006 Exhibit Supplement" on file with the Town Clerk of the Town, as Exhibit B to this Ordinance (the "Inclusion Area"). Petitioner consents to substitution of a metes and bounds legal description for that portion of the legal description of this Inclusion Area currently described as condominium units. The Council hereby Orders that a metes and bounds description of the said Condominium area be obtained by the Petitioner and that said metes and bounds description shall become the legal description for the boundaries of that portion of the Inclusion Area consisting of condominium units. Section 7. Services. A general description of the services to be provided within the District (the "Services") is as follows: The Services shall consist of (a) programming, regulating and generally administering all public functions conducted on the "Public Plaza" (as that term is defined in that certain "Crossroads Development Agreement," dated July 25, 2006, by and between the Town and Crossroads East One, LLC)(hereinafterthe "Plaza") and (b) maintaining the Plaza in material conformance with the Operating Standard (as hereinafter defined), but only to the extent that the Solaris Metropolitan District fails to do so in accordance with the terms of the Intergovernmental Agreement described Ordinance No. 24, Series 2006 2 in Section 9 hereof. The "Operating Standard" means the maintenance standard generally and ordinarily observed by any recognized first-class hotel operator. Section 8. Costs Estimate. An estimate of the costs of the Services is contained in Exhibit C. Section 9. Intergovernmental Agreement with Solaris Metropolitan District. The District's power to provide the Services shall be subject to execution of an Intergovernmental Agreement (the "Intergovernmental Agreement") between the District and the Solaris Metropolitan District Nos. 1-3 (acting by and through Solaris Metropolitan District No. 1) governing the provision of the Services by the District. The ability of the District to levy taxes, impose fees or exercise any of the other functions authorized herein shall be conditioned upon the execution of the Intergovernmental Agreement. Section 10. District Representatives and Board of Directors. The names of three persons who shall represent the Petitioner, and who shall have the power to enter into binding agreements relating to the organization of the District, are Peter Knobel, Craig Cohn, and Jon Boord. An advisory committee shall be created, which will consist of the above-named persons, the Town's Manager, or said Manager's designated representative, the Town's Finance Director, or said Finance Director's designated representative, and the Town's Community Development Director, or said Director's designated representative (the "Advisory Committee"). The Advisory Committee shall conduct and manage all District affairs as the Board's authorized agent, in accordance with the Board's wishes and relevant provisions of Colorado law. Notwithstanding the foregoing, overall control and supervision of District affairs shall remain vested in the Board, and nothing herein shall be construed to permit the Advisory Committee to act except by and through the Board's authority. Section 11. Miscellaneous. (a) A true copy of this Ordinance shall be numbered and recorded in the official records of the Town. (b) This Ordinance shall finally and conclusively establish the regular organization of the District against all persons unless an action attacking the validity of the organization is commenced in a court of competent jurisdiction within 30 days after the adoption of this Ordinance. Thereafter, any such action shall be perpetually barred. (c) If any section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall in no manner affect any remaining provisions of this Ordinance. (d) All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith, are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed as reviving any bylaw, order, resolution or ordinance, or part thereof. Ordinance No. 24, Series 2006 3 INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of September, 2006, and a public hearing shall be held on this Ordinance on the 3rd day of October, 2006, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. Rod Slifer, Mayor (SEAL) Attest: Lorelei Donaldson, Town Clerk SOLMD/SPLAN/GIDNJM1122091406 0901.0003 Ordinance No. 24, Series 2006 4 IN THE OFFICE OF THE TOWN CLERK OF THE TOWN OF VAIL, COLORADO PETITION ]N RE THE ORGANIZATION OF THE TOWN OF VAIL GENERAL IMPROVEMENT DISTRICT NO. I, TOWN OF VAIL, COLORADO The undersigned, being a registered elector representing the owner of one hundred percent (100%) of the taxable real property hereinafter described, presents this Petition for organization of a General Improvement District, pursuant to and in accordance with Part 6 of Article 25 of Title 31, Colorado Revised Statutes, and in support of the Petition states: 1. The name of the proposed district shall be "Town of Vail General Improvement District No. 1, Town of Vail, Colorado" (the "District"). 2. The initial boundaries of the District are described in Exhibit A, attached hereto and incorporated herein by this reference. 3. Petitioner anticipates additional property will be included in the District in the future, which property is described in Exhibit B attached hereto and incorporated herein by this reference (the "Inclusion Area"). Petitioner consents to substitution of a metes and bounds legal description for the legal description of that portion of the Inclusion Area currently described as condominium units. 4. The ex officio Board of Directors of the District (the "Board") shall be the Town Council of the Town of Vail, Colorado (the "Town Council"). 5. The District shall be authorized to undertake the following public services in accordance with the Intergovernmental Agreement (as hereinafter defined) and Colorado law (the "Services"): a. Programming, regulating and generally administering all public functions conducted on the "Public Plaza" (as that term is defined in that certain "Crossroads Development Agreement," dated July 25, 2006, by and between the Town and Crossroads East One, LLC) (the "Plaza"); and b. Maintaining the Plaza in material conformance with the Operating Standard (as hereinafter defined), but only to the extent that the Solaris Metropolitan Districts fail to do so as set forth in the Intergovernmental Agreement. The "Operating Standard" means the maintenance standard generally and ordinarily observed by any recognized first-class hotel operator. 6. An estimate of the annual costs of providing proposed Services is contained in Exhibit C, attached hereto and incorporated herein by this reference. 7. In order to fund the costs of the Services, together with the administrative costs necessary to ensure that the District maintains its corporate existence, the District shall be authorized to impose and collect property taxes levied on real and personal property within the District, in accordance with and subject to the terms of the authorizing election to be held as provided herein, and otherwise as may be established pursuant to the terms of the Intergovernmental Agreement. Additionally, the District shall be empowered to impose a system of rates, fees, tolls, penalties and charges against property within the District to generate revenue for authorized purposes. The District shall enter into an Intergovernmental Agreement with the Solaris Metropolitan District Nos. 1-3 which shall establish the terms governing the District's provision of the Services, (the "Intergovernmental A egr ement"). The ability of the District to levy taxes, impose fees or exercise any of the other functions authorized herein shall be conditioned upon the execution of the Intergovernmental Agreement. 8. The question of the levy of taxes to fund the costs of the Services, along with such other questions as may be necessary to effectuate the purposes for which the District is being organized, shall, in accordance with the Ordinance being adopted by the Town contemporaneously with the Ordinance creating the District, be submitted to the electors of the District at an election to be held November 7, 2006. The form of election questions to be submitted at the election shall be subject to the approval of the Petitioners. 9.. The names of three persons who shall represent the Petitioner, and who shall have the power to enter into binding agreements relating to the organization of the District, are Peter Knobel, Craig Cohn, and Jon Boord. An advisory committee shall be created, which will consist of the above-named persons, the Town's Manager, or said Manager's designated representative, the Town's Finance Director, or said Finance Director's designated representative, and the Town's Community Development Director, or said Director's designated representative (the "Advisory Committee ). The Advisory Committee shall conduct and manage all District affairs as the Board's authorized'agent, in accordance with the Board's wishes and relevant provisions of Colorado law. Notwithstanding the foregoing, overall control and supervision of District affairs shall remain vested in the Board, and nothing herein shall be construed to permit the Advisory Committee to act except by and through the Board's authority. 10. Crossroads East One, LLC, a Colorado limited liability company ("Petitioner"), is not a natural person, and is therefore authorized to appoint a natural person to serve as an elector of the District pursuant to Section 31-25-602(2)(b). The person who signed the signature page of this Petition is the person designated, pursuant to Section 31-25-602(2)(b), C.R.S., to be an elector of the District for purposes of executing this Petition and voting, on behalf of the property owner, at any election held in connection with the District's organization. By the signature of its representative below, Petitioner hereby consents to the inclusion of the property described in Exhibit A within the District. Pursuant to Section 31-25-607(3.5), C.R.S., Petitioner hereby requests a waiver of its right to a public hearing on the organization of the District and any notices or 2 publications required in connection therewith. Petitioner hereby requests that the Town waive the public hearing concerning the District's organization of the District and the bond otherwise required under Section 31-25-605, C.R.S. WHEREFORE, the undersigned Petitioner prays that the Town Council adopt an Ordinance organizing and establishing the District, in accordance with law. Further, the undersigned prays that the Town Council, acting in its capacity as the District Board, adopt an Ordinance contemporaneously with the Ordinance creating the District, calling for an election within the District authorizing the levy of taxes as proposed herein, to be conducted November 7, 2006. PETITIONER: CROSSROADS EAST ONE, LLC, a Colorado limited liability company By: Its: Designated Elector Date: SGLMD\GID\CLEAMVJM 1601091306 0950.0002c EXHHIBIT A Legal Description and Map of GID Boundaries EXHIBIT A A PORTION OF LOT P, BLOCK SD AND TRACT C, VAIL VILLAGE, FIRST FILING, A SUBDIVISION IN THE TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT P, WHICH IS ALSO THE NORTHWEST CORNER OF SAID TRACT C AND A POINT ON THE SOUTHERLY LINE OF INTERSTATE HIGHWAY N0.70 RIGHT OF WAY; THENCE SOUTH 79 DEGREES 46 MINUTES 00 SECONDS EAST 73.30 FEET ALONG SAID SOUTHERLY L1NE WHICH IS ALSO THE NORTHERLY LINE OF SAID TRACT C; THENCE SOUTH 9 DEGREES 53 MINUTES 55 SECONDS WEST 111.54 FEET TO A POINT OF CURVE; THENCE 27.37 FEET ALONG THE ARC OF A 40.00 FOOT RADIUS CURVE TO THE RIGHT WHOSE CENTRAL ANGLE IS 39 DEGREES 12 MINUTES OS SECONDS AND WHOSE LONG CHORD BEARS SOUTH 29 DEGREES 29 MINUTES 58 SECONDS WEST 26.84 FEET TO A POINT OF TANGENT; THENCE SOUTH 49 DEGREES 06 MINUTES 00 SECONDS WEST 50.99 FEET TO THE SOUTHEAST CORNER OF SAID LOT P, WHICH IS A POINT ON THE NORTHERLY LINE OF EAST MEADOW DRIVE; THENCE CONTINUING SOUTH 49 DEGREES 06 MINUTES 00 SECONDS WEST 5.36 FEET ALONG SAID NORTHERLY LINE TO A POINT OF CURVE; THENCE CONTINUING ALONG SAID NORTHERLY LINE 154.17 FEET ALONG THE ARC OF 336.71 FOOT RADIUS CURVE TO THE RIGHT WHOSE CENTRAL ANGLE IS 26 DEGREES I4 MINUTES OS SECONDS AND WHOSE LONG CHORD BEARS SOUTH 62 DEGREES 13 MINUTES 03 SECONDS WEST 152.83; THENCE NORTH 10 DEGREES 09 MINUTES 34 SECONDS EAST 274.$7 FEET TO A POINT ON SAID SOUTHERLY LINE OF INTERSTATE HIGHWAY N0.70 RIGHT OF WAY, WHICH IS THE NORTHERLY LINE OF SAID LOT P; THENCE SOUTH 79 DEGREES 46 MINUTES 00 SECONDS EAST 91.03 FEET ALONG SAID NORTHERLY LINE TO THE TRUE POINT OF BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO. EXHIBIT B Legal Description and Map of Inclusion Area Boundaries EXHBIT B INCLUSION AREA BOUNDARIES CROSSROADS I: THAT CERTAIN COMMERCIAL CRV IN THE CROSSROADS OF VAIL, A CONDOMINIUM, IN ACCORDANCE WITH THE CONDOMINIUM DECLARATION RECORDED DECEMBER 2, 1968 IN BOOK 214 AT PAGE 261 AND THE FIRST AMENDMENT THERETO RECORDED FEBRUARY 7, 1977 IN BOOK 252 AT PAGE 353 AS SHOWN ON THAT CERTAIN CONDOMINIUM MAP OF CROSSROADS OF VAIL RECORDED DECEMBER 2, 1968 IN BOOK 214, AT PAGE 262, AND THE CORRECTED CONDOMINIUM MAP OF CROSSROADS OF VAIL RECORDED ON FEBRUARY 25, 1969 IN BOOK 214, AT PAGE 686, TOGETHER WITH THE UNDIVIDED INTERESTS THEREIN, WHICH SUCH COMMERCIAL CRV IS LOCATED ON THAT CERTAIN PARCEL OF PROPERTY MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF LOT P, BLOCK SD VAIL VILLAGE, FIRST FILING, A SUBDIVISION IN THE TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO DESCRIBED AS FOLLOWS: COMMENCING ON THE NORTHWEST CORNER OF SAID LOT P; THENCE SOUTH 74 DEGREES 4b MINUTES 00 SECONDS EAST AND ALONG THE NORTHERLY LINE OF SAID LOT P A DISTANCE OF 44.90 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE AFORESAID COURSE A DISTANCE OF 259.07 FEET; THENCE SOUTH 10 DEGREES 09 MINUTES 34 SECONDS WEST A DISTANCE OF 274.87 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF SAID LOT P; THENCE ON AN ANGLE TO THE RIGHT OF 65 DEGREES 10 MINUTES 31 SECONDS AND ALONG THE SOUTHERLY LINE OF SAID LOT P AND ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 336.71 FEET, A CENTRAL ANGLE OF 22 DEGREES 04 MINUTES 55 SECONDS, AN ARC DISTANCE OF 129.77 FEET TO A POINT OF TANGENT; THENCE NORTH 82 DEGREES 35 MINUTES 00 SECONDS WEST AND ALONG THE SOUTHERLY LINE OF SAID LOT P A DISTANCE OF 120.83 FEET TO THE SOUTHWEST CORNER OF SAID LOT P; THENCE NORTH 00 DEGREES 23 MINUTES 00 SECONDS WEST AND ALONG THE WESTERLY LINE OF SAID LOT P A DISTANCE OF 216.28 FEET; THENCE NORTH 50 DEGREES 11 MINUTES 32 SECONDS EAST A DISTANCE OF 44.41 FEET; THENCE NORTH 08 DEGREES 17 MINUTES 43 SECONDS EAST A DISTANCE OF 65.12 FEET TO THE TRUE POINT OF BEGINNING. AND CONDOMINNM UNITS A-1, A-2, A-3, A-4, A-5, A-6, B-1, B-2, C-1, C-2, C-3, C-4, D-1, D-2, D-3, D-4, E-1, E-2, E-3, E-4, E-S, AND E-6, CROSSROADS OF VAIL, ACCORDING TO THE CONDOMINIUM MAP THEREOF RECORDED DECEMBER 2, 1968 IN BOOK 214 AT PAGE 262 AND THE CORRECTED CONDOMINIUM MAP THEREOF RECORDED FEBRAURY 25, 1969 IN BOOK 214 AT PAGE 686 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION RECORDED DECEMBER 2, 1968 IN BOOK 214 AT PAGE 261, AND FIRST AMENDMENT THERETO RECORDED FEBRUARY 7, 197? IN BOOK 252 AT PAGE 353, COUNTY OF EAGLE, STATE OF COLORADO. EXFIIIBT C GID Cost Estimates and Description ORDINANCE NO 24 SERIES 2006 EXHIBIT SUPPLEMENTS A, B & C EXHIBIT A TO ORDINANCE N0.24 SERIES OF 2006 A PORTION OF LOT P, BLOCK SD AND TRACT C, VAIL VILLAGE, FIRST FILING, A SUBDIVISION IN THE TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT P, WHICH IS ALSO THE NORTHWEST CORNER OF SAID TRACT C AND A POINT ON THE SOUTHERLY LINE OF INTERSTATE HIGHWAY N0.70 RIGHT OF WAY; THENCE SOUTH 79 DEGREES 46 MINUTES 00 SECONDS EAST 73.30 FEET ALONG SAID SOUTHERLY LINE WHICH IS ALSO THE NORTHERLY LINE OF SAID TRACT C; THENCE SOUTH 9 DEGREES 53 MINUTES 55 SECONDS WEST 111.54 FEET TO A POINT OF CURVE; THENCE 27.37 FEET ALONG THE ARC OF A 40.00 FOOT RADIUS CURVE TO THE RIGHT WHOSE CENTRAL ANGLE IS 39 DEGREES 12 MINUTES OS SECONDS AND WHOSE LONG CHORD BEARS SOUTH 29 DEGREES 29 MINUTES 58 SECONDS WEST 26.84 FEET TO A POINT OF TANGENT; THENCE SOUTH 49 DEGREES 06 MINUTES 00 SECONDS WEST 50.99 FEET TO THE SOUTHEAST CORNER OF SAID LOT P, WHICH IS A POINT ON THE NORTHERLY LINE OF EAST MEADOW DRIVE; THENCE CONTINUING SOUTH 49 DEGREES 06 MINUTES 00 SECONDS WEST 5.36 FEET ALONG SAID NORTHERLY LINE TO A POINT OF CURVE; THENCE CONTINUING ALONG SAID NORTHERLY LINE 154.17 FEET ALONG THE ARC OF 336.71 FOOT RADIUS CURVE TO THE RIGHT WHOSE CENTRAL ANGLE IS 26 DEGREES 14 MINUTES OS SECONDS AND WHOSE LONG CHORD BEARS SOUTH 62 DEGREES 13 MINUTES 03 SECONDS WEST 152.83; THENCE NORTH 10 DEGREES 09 MINUTES 34 SECONDS EAST 274.87 FEET TO A POINT ON SAID SOUTHERLY LINE OF INTERSTATE HIGHWAY N0.70 RIGHT OF WAY, WHICH IS THE NORTHERLY LINE OF SAID LOT P; THENCE SOUTH 79 DEGREES 46 MIMJTES 00 SECONDS EAST 91.03 FEET ALONG SAID NORTHERLY LINE TO THE TRUE POINT OF BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO. EXHBIT B TO ORDINANCE N0.24, SERIES OF 2006 INCLUSION AREA BOUNDARIES CROSSROADS I: THAT CERTAIN COMMERCIAL CRV IN THE CROSSROADS OF VAIL, A CONDOMINIUM, IN ACCORDANCE WITH THE CONDOMINIUM DECLARATION RECORDED DECEMBER 2, 1968 IN BOOK 214 AT PAGE 261 AND THE FIRST AMENDMENT THERETO RECORDED FEBRUARY 7, 1977 IN BOOK 252 AT PAGE 353 AS SHOWN ON THAT CERTAIN CONDOMINIUM MAP OF CROSSROADS OF VAIL RECORDED DECEMBER 2, 1968 IN BOOK 214, AT PAGE 262, AND THE CORRECTED CONDOMINIUM MAP OF CROSSROADS OF VAIL RECORDED ON FEBRUARY 25, 1969 IN BOOK 214, AT PAGE 686, TOGETHER WITH THE UNDIVIDED INTERESTS THEREIN, WHICH SUCH COMMERCIAL CRV IS LOCATED ON THAT CERTAIN PARCEL OF PROPERTY MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF LOT P, BLOCK SD VAIL VILLAGE, FIRST FILING, A SUBDIVISION IN THE TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO DESCRIBED A5 FOLLOWS: COMMENCING ON THE NORTHWEST CORNER OF SAID LOT P; THENCE SOUTH 79 DEGREES 46 MINUTES 00 SECONDS EAST AND ALONG THE NORTHERLY LINE OF SAID LOT P A DISTANCE OF 44.90 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE AFORESAID COURSE A DISTANCE OF 259.07 FEET; THENCE SOUTH 10 DEGREES 09 MINUTES 34 SECONDS WEST A DISTANCE OF 274.87 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF SAID LOT P; THENCE ON AN ANGLE TO THE RIGHT OF 65 DEGREES 10 MINUTES 31 SECONDS AND ALONG THE SOUTHERLY LINE OF SAID LOT P AND ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 336.71 FEET, A CENTRAL ANGLE OF 22 DEGREES 04 MINUTES 55 SECONDS, AN ARC DISTANCE OF 129.77 FEET TO A POINT OF TANGENT; THENCE NORTH 82 DEGREES 35 MINUTES 00 SECONDS WEST AND ALONG THE SOUTHERLY LINE OF SAID LOT P A DISTANCE OF 120.83 FEET TO THE SOUTHWEST CORNER OF SAID LOT P; THENCE NORTH 00 DEGREES 23 MINUTES 00 SECONDS WEST AND ALONG THE WESTERLY LINE OF SAID LOT P A DISTANCE OF 216.28 FEET; THENCE NORTH 50 DEGREES I 1 MINUTES 32 SECONDS EAST A DISTANCE OF 44.41 FEET; THENCE NORTH 08 DEGREES 17 MINUTES 43 SECONDS EAST A DISTANCE OF 65.12 FEET TO THE TRUE POINT OF BEGINNING. AND CONDOMINIUM UNITS A-1, A-2, A-3, A-4, A-5, A-6, B-1, B-2, C-1, C-2, C-3, C-4, D-1, D-2, D-3, D-4, E-1, E-2, E-3, E-4, E-5, AND E-6, CROSSROADS OF VAIL, ACCORDING TO THE CONDOMINIUM MAP THEREOF RECORDED DECEMBER 2, 1968 IN BOOK 214 AT PAGE 262 AND THE CORRECTED CONDOMINIUM MAP THEREOF RECORDED FEBRAURY 25, 1969 IN BOOK 214 AT PAGE 686 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION RECORDED DECEMBER 2, 1968 IN BOOK 214 AT PAGE 261, AND FIRST AMENDMENT THERETO RECORDED FEBRUARY 7, 1977 IN BOOK 252 AT PAGE 353, COUNTY OF EAGLE, STATE OF COLORADO. EXHIBIT C TO ORDINANCE N0.24. SERIES OF 2006 GENERAL IMPROVEMENT DISTRICT Preliminary Annual Operating Costs: PLAZA Housekeeping/Ground $20,000 Maintenance $30,000 Landscaping $10,000 Water & Sewer $12,000 Gas $75,000 Electric $35,000 Insurance $ 8,000 Administration $15,000 Accounting and Audit $12,000 Security $ 5,000 Ice Rink Labor $20,000 Ice Rink Refrigeration $50,000 vital Maintenance Reserve $15,000 Total 307 000 ORDINANCE NO. 25 SERIES OF 2006 AN ORDINANCE DESIGNATED BY THE SHORT TITLE "ELECTION ORDINANCE"; PROVIDING FOR AN ELECTION CONCERNING THE TOWN OF VAIL GENERAL IMPROVEMENT DISTRICT NO. 1, TOWN OF VAIL, COLORADO FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF SAID DISTRICT THE PROPOSITION OF IMPOSING PROPERTY TAXES FOR THE PURPOSE OF PAYING COSTS OF OPERATING AND MAINTAINING CERTAIN PUBLIC IMPROVEMENTS AND TO ALLOW THE DISTRICT TO COLLECT, RETAIN AND SPEND NON PROPERTY TAX REVENUES; AND PRESCRIBING OTHER DETAILS IN CONNECTION WITH SAID ELECTION AND INDEBTEDNESS; REPEALING ANY ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH; AND RATIFYING ACTIONS PREVIOUSLY TAKEN IN CONNECTION THEREWITH. WHEREAS, the Town of Vail, Eagle County, Colorado (the "Town") is a municipal corporation duly organized and existing under the laws of the State of Colorado (the "State") and in particular under the provisions of Article XX of the Constitution of the State (the "Constitution") and the Charter of the Town (the "Charter"); and WHEREAS, by ordinance adopted of even date herewith, the Town of Vail has created the Town of Vail General Improvement District No. 1 (the "District"); and WHEREAS, Section 31-25-607(4)(a), C.R.S., permits the Town Council, on behalf of the organizing District, to call an election of the District's electors regarding matters required to be voted upon under Article X, Section 20 of the Constitution ("TABOR"), including questions pertaining the impositions of taxes, and for spending certain moneys above limits established by TABOR; and WHEREAS, TABOR requires the District to submit ballot issues (as defined in TABOR) to the District's electors on limited election days before action can be taken on such ballot issues; and WHEREAS, November 7, 2006, is one of the election dates at which ballot issues may be submitted to the District's eligible electors pursuant to TABOR; and WHEREAS, the Town Council has determined to call the election on behalf of the organizing District as permitted by Section 31-25-607(4)(a), C.R.S., due to the need to satisfy various procedural requirements prerequisite to the holding of such election, many of which could not be undertaken directly by the District in a timely fashion following its formal organization; and WHEREAS, it is necessary to submit to the electors of the District, at the election to be held on November 7, 2006, the questions of authorizing the District to incur debt, to increase taxes for operations and maintenance purposes, and spend the revenues thereof and to collect, keep and spend all revenues it receives as a voter approved revenue change under TABOR; and WHEREAS, it is necessary to set forth certain procedures concerning the conduct of the election; and WHEREAS, the Town Council elects to utilize the provisions of the Uniform Election Code of 1992 in order to conduct a mail ballot election on November 7, 2006. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL: Section 1. Short Title. This ordinance shall be known as and may be cited by the short title "Election Ordinance" (the "Ordinance"). Section 2. Authority for this Ordinance. This Ordinance is adopted by virtue of the Town's powers as a home rule municipality operating pursuant to Article XX of the State Constitution, the Charter and Part 6 of Article 25 of Title 31, C.R.S. Section 3. Election Actions. All action heretofore taken (consistent with the provisions of this resolution) by or on behalf of the District and the officers thereof, directed toward the election and the objects and purposes herein stated is hereby ratified, approved and confirmed. Section 4. Terms. Unless otherwise defined herein, all terms used herein shall have the meanings defined in Title 31, Article 10, C.R.S., Title 31, Article 25, Part 6, C.R.S., and TABOR. Section 5. Calling of Election. Pursuant to TABOR, Title 31, Article 10, C.R.S., Title 31, Article 25, Part 6, C.R.S., and the Section 1-7.5-101 et seq, C.R.S., the Town Council hereby determines to call a special election to be conducted on November 7, 2006, as a mail ballot election (the "Election"). The Town Council hereby determines that at the Election to be held on November 7, 2006, there shall be submitted to the eligible electors of the District the questions set forth in Section 6 hereof. Because the Election will be a mail ballot election, the Town Council hereby authorizes the designated election official named in Section 7 below to file a mail ballot election plan with the Secretary of State. If necessary, the officers of the District are authorized to enter into an intergovernmental agreement with the County Clerk pursuant to Section 1-7-116, C.R.S. Any such intergovernmental agreement heretofore entered into in connection with the election is hereby ratified, approved and confirmed. Section 6. Election Questions. The Town Council hereby authorizes and directs the designated election official to submit to the eligible electors of the District at the Election questions in substantially the following forms: BALLOT ISSUE A: (Operations and Maintenance Property Taxes) SHALL TOWN OF VAIL GENERAL IMPROVEMENT DISTRICT NO. 1 TAXES BE INCREASED $ 440,000.00 IN 2007 (THE FIRST FULL FISCAL YEAR OF THE TAX INCREASE) AND BY SUCH ADDITIONAL AMOUNTS AS MAY BE GENERATED ANNUALLY THEREAFTER THROUGH THE IMPOSITION OF A MILL LEVY OF NOT MORE THAN TEN (10) MILLS IN LEVY YEAR 2006 AND IN ANY YEAR THEREAFTER ,FOR THE PURPOSE OF FUNDING THE ADMINISTRATION, OPERATION, MAINTENANCE OF THE DISTRICT'S FACILITIES Ordinance No. 25, Series 2006 2 AND OPERATIONS; AND SHALL THE PROCEEDS OF SUCH TAXES AND INVESTMENT INCOME THEREON BE COLLECTED, RETAINED AND SPENT BY THE DISTRICT AS A VOTER-APPROVED REVENUE CHANGE IN 2007 AND IN EACH YEAR THEREAFTER, WITHOUT REGARD TO ANY SPENDING, REVENUE-RAISING OR OTHER LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION, THE PROPERTY TAX REVENUE LIMITATION OF SECTION 29-1-301, COLORADO REVISED STATUTES, OR ANY OTHER LAW? YES: NO: BALLOT ISSUE B: (de-Bruce non property tax revenues) SHALL TOWN OF VAIL GENERAL IMPROVEMENT DISTRICT NO. 1 BE AUTHORIZED TO COLLECT, RETAIN, AND SPEND THE AMOUNT OF ALL FEES, FACILITY FEES, RENTAL INCOME, SERVICE CHARGES, INSPECTION CHARGES, ADMINISTRATIVE CHARGES, GRANTS OR ANY OTHER FEE, RATE, TOLL, PENALTY, OR CHARGE AUTHORIZED BY LAW TO BE IMPOSED OR COLLECTED BY THE DISTRICT AND ANY OTHER REVENUES, INCOME, OR PAYMENTS RECEIVED BY THE DISTRICT (INCLUDING, WITHOUT LIMITATION, REVENUES RECEIVED BY THE DISTRICT FROM THE STATE, ANY POLITICAL SUBDIVISION OF THE STATE, OR ANY OTHER GOVERNMENTAL ENTITY), DURING FISCAL YEAR 2007 AND EACH YEAR THEREAFTER FOR AS LONG AS THE DISTRICT CONTINUES IN EXISTENCE WITHOUT LIMITATION BY THE REVENUE AND SPENDING LIMITS OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW, AS THEY CURRENTLY EXIST OR AS THEY MAY BE AMENDED IN THE FUTURE? YES: NO: Section 7. Designated Election Official/Assistant Designated Election Official Appointment. K. Sean Allen of White, Bear & Ankele, Professional Corporation is hereby appointed as the Designated Election Official of the District for purposes of performing acts required or permitted by law in connection with the election Section 8. Authority to Levy Taxes. Any authority to levy ad valorem property taxes, if conferred by the results of the election, shall be deemed and considered a continuing authority to levy the ad valorem taxes so authorized at any one time, or from time to time, and neither the partial exercise of the authority so conferred, nor any lapse of time, shall be considered as exhausting or limiting the full authority so conferred. Ordinance No. 25, Series 2006 3 Section 9. Miscellaneous. (a) The officers of the Town and/or the District are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Ordinance. (b) If any section, subsection, paragraph, clause, or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, subsection, paragraph, clause, or provision shall in no manner affect any remaining provisions of this Ordinance, the intent being that the same are severable. (c) All orders, resolutions, bylaws, ordinances or regulations of the Town, or parts thereof, inconsistent with this Ordinance are hereby repealed to the extent of such inconsistency(ies). INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of September, 2006, and a public hearing shall be held on this Ordinance on the 3rd day of October, 2006, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. Rod Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 25, Series 2006 4' SO LM D\SP LAN\G ID DOCS\BMF0913061056 0950.0009 Ordinance No. 25, Series 2006 ORDINANCE NO. 25 SERIES OF 2006 AN ORDINANCE DESIGNATED BY THE SHORT TITLE "ELECTION ORDINANCE"; PROVIDING FOR AN ELECTION CONCERNING THE TOWN OF VAIL GENERAL IMPROVEMENT DISTRICT NO. 1, TOWN OF VAIL, COLORADO FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF SAID DISTRICT THE PROPOSITION OF IMPOSING PROPERTY TAXES FOR THE PURPOSE OF PAYING COSTS OF OPERATING AND MAINTAINING CERTAIN PUBLIC IMPROVEMENTS AND TO ALLOW THE DISTRICT TO COLLECT, RETAIN AND SPEND NON PROPERTY TAX REVENUES; AND PRESCRIBING OTHER DETAILS IN CONNECTION WITH SAID ELECTION AND INDEBTEDNESS; REPEALING ANY ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH; AND RATIFYING ACTIONS PREVIOUSLY TAKEN IN CONNECTION THEREWITH. WHEREAS, the Town of Vail, Eagle County, Colorado (the "Town") is a municipal corporation duly organized and existing under the laws of the State of Colorado (the "State") and in particular under the provisions of Article XX of the Constitution of the State (the "Constitution") and the Charter of the Town (the "Charter"); and WHEREAS, by ordinance adopted of even date herewith, the Town of Vail has created the Town of Vail General Improvement District No. 1 (the "District"); and WHEREAS, Section 31-25-607(4)(a), C.R.S., permits the Town Council, on behalf of the organizing District, to call an election of the District's electors regarding matters required to be voted upon under Article X, Section 20 of the Constitution ("TABOR"), including questions pertaining the impositions of taxes, and for spending certain moneys above limits established by TABOR; and WHEREAS, TABOR requires the District to submit ballot issues (as defined in TABOR) to the District's electors on limited election days before action can be taken on such ballot issues; and WHEREAS, November 7, 2006, is one of the election dates at which ballot issues may be submitted to the District's eligible electors pursuant to TABOR; and WHEREAS, the Town Council has determined to call the election on behalf of the organizing District as permitted by Section 31-25-607(4)(a), C.R.S., due to the need to satisfy various procedural requirements prerequisite to the holding of such election, many of which could not be undertaken directly by the District in a timely fashion following its formal organization; and WHEREAS, it is necessary to submit to the electors of the District, at the election to be held on November 7, 2006, the questions of authorizing the District to incur debt, to increase taxes for operations and maintenance purposes, and spend the revenues thereof and to collect, keep and spend all revenues it receives as a voter approved revenue change under TABOR; and WHEREAS, it is necessary to set forth certain procedures concerning the conduct of the election; and WHEREAS, the Town Council elects to utilize the provisions of the Uniform Election Code of 1992 in order to conduct a mail ballot election on November 7, 2006. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAI L: Section 1. Short Title. This ordinance shall be known as and may be cited by the short title "Election Ordinance" (the "Ordinance"). Section 2. Authority for this Ordinance. This Ordinance is adopted by virtue of the Town's powers as a home rule municipality operating pursuant to Article XX of the State Constitution, the Charter and Part 6 of Article 25 of Title 31, C.R.S. Section 3. Election Actions. All action heretofore taken (consistent with the provisions of this resolution) by or on behalf of the District and the officers thereof, directed toward the election and the objects and purposes herein stated is hereby ratified, approved and confirmed. Section 4. Terms. Unless otherwise defined herein, all terms used herein shall have the meanings defined in Title 31, Article 10, C.R.S., Title 31, Article 25, Part 6, C.R.S., and TABOR. Section 5. Calling of Election. Pursuant to TABOR, Title 31, Article 10, C.R.S., Title 31, Article 25, Part 6, C.R.S., and the Section 1-7.5-101 et seq, C.R.S., the Town Council hereby determines to call a special election to be conducted on November 7, 2006, as a mail ballot election (the "Election"). The Town Council hereby determines that at the Election to be held on November 7, 2006, there shall be submitted to the eligible electors of the District the questions set forth in Section 6 hereof. Because the Election will be a mail ballot election, the Town Council hereby authorizes the designated election official named in Section 7 below to file a mail ballot election plan with the Secretary of State. If necessary, the officers of the District are authorized to enter into an intergovernmental agreement with the County Clerk pursuant to Section 1-7-116, C.R.S. Any such intergovernmental agreement heretofore entered into in connection with the election is hereby ratified, approved and confirmed. Section 6. Election Questions. The Town Council hereby authorizes and directs the designated election official to submit to the eligible electors of the District at the Election questions in substantially the following forms: BALLOT ISSUE A: (Operations and Maintenance Property Taxes) SHALL TOWN OF VAIL GENERAL IMPROVEMENT DISTRICT NO. 1 TAXES BE INCREASED $ 440,000.00 IN 2007 (THE FIRST FULL FISCAL YEAR OF THE TAX INCREASE) AND BY SUCH ADDITIONAL AMOUNTS AS MAY BE GENERATED ANNUALLY THEREAFTER THROUGH THE IMPOSITION OF A MILL LEVY OF NOT MORE THAN TEN (10) MILLS IN LEVY YEAR 2006 AND IN ANY YEAR THEREAFTER ,FOR THE PURPOSE OF FUNDING THE ADMINISTRATION, OPERATION, MAINTENANCE OF THE DISTRICT'S FACILITIES Ordinance No. 25, Series 2006 2 AND OPERATIONS; AND SHALL THE PROCEEDS OF SUCH TAXES AND INVESTMENT INCOME THEREON BE COLLECTED, RETAINED AND SPENT BY THE DISTRICT AS A VOTER-APPROVED REVENUE CHANGE IN 2007 AND IN EACH YEAR THEREAFTER, WITHOUT REGARD TO ANY SPENDING, REVENUE-RAISING OR OTHER LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION, THE PROPERTY TAX REVENUE LIMITATION OF SECTION 29-1-301, COLORADO REVISED STATUTES, OR ANY OTHER LAW? YES: NO: BALLOT ISSUE B: (de-Bruce non property tax revenues) SHALL TOWN OF VAIL GENERAL IMPROVEMENT DISTRICT NO. 1 BE AUTHORIZED TO COLLECT, RETAIN, AND SPEND THE AMOUNT OF ALL FEES, FACILITY FEES, RENTAL INCOME, SERVICE CHARGES, INSPECTION CHARGES, ADMINISTRATIVE CHARGES, GRANTS OR ANY OTHER FEE, RATE, TOLL, PENALTY, OR CHARGE AUTHORIZED BY LAW TO BE IMPOSED OR COLLECTED BY THE DISTRICT AND ANY OTHER REVENUES, INCOME, OR PAYMENTS RECEIVED BY THE DISTRICT (INCLUDING, WITHOUT LIMITATION, REVENUES RECEIVED BY THE DISTRICT FROM THE STATE, ANY POLITICAL SUBDIVISION OF THE STATE, OR ANY OTHER GOVERNMENTAL ENTITY), DURING FISCAL YEAR 2007 AND EACH YEAR THEREAFTER FOR AS LONG AS THE DISTRICT CONTINUES IN EXISTENCE WITHOUT LIMITATION BY THE REVENUE AND SPENDING LIMITS OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW, AS THEY CURRENTLY EXIST OR AS THEY MAY BE AMENDED IN THE FUTURE? YES: NO: Section 7. Designated Election Official/Assistant Designated Election Official Appointment. K. Sean Allen of White, Bear & Ankele, Professional Corporation is hereby appointed as the Designated Election Official of the District for purposes of performing acts required or permitted by law in connection with the election Section 8. Authority to Levy Taxes. Any authority to levy ad valorem property taxes, if conferred by the results of the election, shall be deemed and considered a continuing authority to levy the ad valorem taxes so authorized at any one time, or from time to time, and neither the partial exercise of the authority so conferred, nor any lapse of time, shall be considered as exhausting or limiting the full authority so conferred. Ordinance No. 25, Series 2006 3 Section 9. Miscellaneous. (a) The officers of the Town and/or the District are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Ordinance. (b) If any section, subsection, paragraph, clause, or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, subsection, paragraph, clause, or provision shall in no manner affect any remaining provisions of this Ordinance, the intent being that the same are severable. (c) All orders, resolutions, bylaws, ordinances or regulations of the Town, or parts thereof, inconsistent with this Ordinance are hereby repealed to the extent of such inconsistency(ies). INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of September, 2006, and a public hearing shall be held on this Ordinance on the 3rd day of October, 2006, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. Rod Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk S 0 LM D1S P LAN\G I D D O C S\B M F 0913061056 0950.0009 Ordinance No. 25, Series 2006 4 IN THE OFFICE OF THE TOWN CLERK OF THE TOWN OF VAIL, COLORADO NOTICE OF APPOINTMENT OF ELECTOR IN RE THE ORGANIZATION OF THE TOWN OF VAIL GENERAL IMPROVEMENT DISTRICT NO. 1, TOWN OF VAIL, COLORADO Pursuant to § 31-25-602(2)(b), C.R.S., this notice is to advise you that as owner of real property within the boundaries of the proposed general improvement district, Crossroads East One, LLC designates Peter Knobel to vote on its behalf in the November 7, 2006 election. Mr. Knobel is registered to vote in the state of Colorado. CROSSROADS EAST ONE, LLC, a Colorado Limited Liability Company sy: Title: Date: SOLMD/GID/NOV2006/BMF09141409 0950.0009 RESOLUTION 18 SERIES OF 2006 A RESOLUTION APPROVING THE CONSOLIDATED SERVICE PLAN FOR SOLARIS METROPOLITAN DISTRICT NO. 1, SOLARIS METROPOLITAN DISTRICT N0.2, AND SOLARIS METROPOLITAN DISTRICT N0.3 WHEREAS, pursuant to Sections 32-1-204.5 and 32-1-205, C.R.S., as amended, the Consolidated Service Plan for Solaris Metropolitan District No. 1, Solaris Metropolitan District No. 2, and Solaris Metropolitan District No. 3 has been submitted to the Town Council of the Town of Vail (the "Council"); and WHEREAS, pursuant to the provisions of Title 32, Article 1, C.R.S., as amended, the Council held a public hearing on the Consolidated Service Plan for Solaris Metropolitan District Na. 1, Solaris Metropolitan District No. 2, and Solaris Metropolitan District No. 3 on September 19, 2006; and WHEREAS, the Council has considered the Consolidated Service Plan, and all other testimony and evidence presented at the hearing. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. That the Town Council of the Town of Vail, Colorado, does hereby determine that the requirements of Sections 32-1-202(2) and 32-1-203(2), C.R.S., relating to the filing of a Consolidated Service Plan for Solaris Metropolitan District No. 1, Solaris Metropolitan District No. 2, and Solaris Metropolitan District No. 3 and the requirements of Sections 32-1-204.5, C.R.S., relating to the hearing by the Council, have been fulfilled in a timely manner. 2. The hearings before the Council were extensive and complete; that all pertinent facts, matters and issues were submitted; that all interested parties were heard or had the opportunity to be heard; and, that evidence satisfactory to the Council of each of the following was presented: a. There is sufficient existing and projected need for organized service in the area to be served by the proposed special districts. b. Existing service in the area to be served by the proposed special districts is inadequate for present and projected needs. c. The proposed special districts are capable of providing economical and sufficient service to the areas they intend to serve. d. The areas to be included within the proposed special districts have or will have the financial ability to discharge the proposed indebtedness on a reasonable basis. 3. That the Town Council of the Town of Vail, Colorado, does hereby approve the Consolidated Service Plan for Solaris Metropolitan District No. 1, Solaris Metropolitan District No. 2, and Solaris Metropolitan District No. 3 District, as presented to Council on September 19, 2006. 4. That the ability of the Districts to levy taxes, impose fees or exercise any of the other functions authorized in the Consolidated Service Plan shall be conditioned upon the execution of an Intergovernmental Agreement between the Town of Vail General Improvement District No. 1 and the Districts (acting by and through District No. 1) relating to the operation and maintenance of the "Public Plaza" (as that term is defined in that certain "Crossroads Development Agreement," dated July 25, 2006, by and between the Town and Crossroads East One, LLC). 5. A certified copy of this Resolution shall be filed in the records of the Town and submitted to the petitioners for the purpose of filing in the District Court of Eagle County. 6. That all resolutions or parts thereof in conflict with the provisions hereof shall be and the same are hereby repealed. INTRODUCED, READ, APPROVED AND ADOPTED this 19th day of September, 2006, at Vail, Colorado. TOWN COUNCIL OF THE TOWN OF VAIL, EAGLE COUNTY, COLORADO By: ATTEST: Lorelei Donaldson, Town Clerk Rod Slifer, Mayor SOLMD~RESO~RFC 1405091306 2, 0901.0003 Resolution No. 18, Series 2006 CONSOLIDATED SERVICE PLAN SOLARIS METROPOLITAN DISTRICT NOS. 1, 2 & 3 TOWN OF VAIL, COLORADO Prepared by WHITE, BEAR & ANKELE Professional Corporation 1805 Shea Center Drive, Suite 100 Highlands Ranch, CO 80129 (303) 858-1800 September 14, 2006 TABLE OF CONTENTS I. INTRODUCTION .............................................................................................................1 A. Purpose and Intent ................................................................................................... l B. Need for the Districts ...............................................................................................1 C. Objective of the Town Regarding Districts Service Plans ......................................1 II. DEFINITIONS ...................................................................................................................2 III. BOUNDARIES ...................................................................................................................4 IV. PROPOSED LAND USE/POPUT~ATION PROJECTIONS/ASSESSED VALUATION .....................................................................................................................4 V. DESCRIPTION OF PROPOSED POWERS, IMPROVEMENTS AND SERVICES ........................................................................................................................ .5 A. Powers of the Districts and Service Plan Amendment ........................................... .5 1. Operations and Maintenance Limitation .................................................... .5 2. Construction Standards Limitation ............................................................. .5 3. Privately Placed Debt Limitation ............................................................... .5 4. Inclusion Limitation ................................................................................... .6 5. Debt Limitation ........................................................................................... .6 6. Total Debt Issuance Limitation .................................................................. .6 7. Monies from Other Governmental Sources ................................................ .6 8. Bankruptcy Limitation ................................................................................ .6 9. Service Plan Amendment Requirement .......................................................6 B. Preliminary Engineering Survey .............................................................................7 C. Multiple District Structure .......................................................................................7 VI. FINANCIAL PLAN ...........................................................................................................7 A. General .....................................................................................................................7 B. Maximum Voted Interest Rate and Maximum Underwriting Discount ..................8 C. Maximum Debt Mill Levy .......................................................................................8 D. Maximum Debt Mill Levy Imposition Term ...........................................................9 E Debt Repayment Sources ....................................................................................... ..9 . F. Security for Debt ................................................................................................... ..9 G. TABOR Compliance .....:....................................................................................... ..9 H. Districts' Operating Costs ..................................................................................... ..9 VII. ANNUAL REPORT ........................................................................................................ 10 A. General ................................................................................................................... 10 B. Reporting of Significant Events ............................................................................ 10 VTTT. DISSOLUTION ............................................................................................................... 10 IX. DISCLOSURE TO PURCHASERS ..............................................................................11 X. INTERGOVERNMENTAL AGREEMENTS ..............................................................11 XI. CONCLUSION ................................................................................................................11 EXHIBITS EXHIBIT A Initial District Boundaries and Map EXHIBIT B Inclusion Area Boundaries and Map EXHIBIT C Intergovernmental Agreement between the Districts and Town ii I. INTRODUCTION A. Purpose and Intent. The Districts are independent units of local government, separate and distinct from the Town, and, except as may otherwise be provided for by State or local law or this Service Plan, their activities are subject to review by the Town only insofar as they may deviate in a material matter from the requirements of the Service Plan. It is intended that the Districts will provide a part or all of various Public Improvements necessary and appropriate for the development of a project within the Town of Vail to be known as "Solaris Vail" (the "Project"). The Public Improvements will be constructed for the use and benefit of all anticipated inhabitants and taxpayers of the Districts and the public at large. The primary purpose of the Districts will be to fmance the construction of these Public Improvements. The Districts are not being created to provide ongoing operations and maintenance services other than as specifically set forth in this Service Plan. District No. 1 is proposed to be the Operating District, and is expected to coordinate the financing and construction of all Public Improvements. District Nos. 2 and 3 are proposed to be the Taxing Districts. District No. 2 is proposed to encompass residential development. District No. 3 is proposed to encompass non-residential development. The Districts may, however, include any mix of residential and non-residential development. B. Need for the Districts. There are currently no other governmental entities, including the Town, located in the immediate vicinity of the Districts that consider it desirable, feasible or practical to undertake the planning, design, acquisition, construction, installation, relocation, redevelopment and fmancing of the Public Improvements needed for the Project. Formation of the Districts is therefore necessary in order for the Public Improvements required for the Project to be provided in the most economic manner possible. Portions of the legal boundaries of the Districts overlap those of the Vail Park and Recreation District and Eagle River Water and Sanitation District (the "Overlapping Districts"). None of Overlapping Districts plans to provide financing for the construction of improvements within the Districts being organized under this Service Plan. In accordance with Section 32-1-107, C.R.S., the Districts shall not, to the extent prohibited by law, provide the services furnished by the Overlapping Districts, except as may be consented to and same approved by the Board of Directors of the Overlapping Districts. C. Objective of the Town Reaardin¢ Districts Service Plans. The Town's objective in approving the Service Plan for the Districts is to authorize the Districts to provide for the planning, design, acquisition, construction, installation, relocation and redevelopment of the Public Improvements from the proceeds of Debt to be issued by the Districts. All Debt is expected to be repaid by taxes imposed and collected for no longer than the Maximum Debt Mill Levy Imposition Term for residential properties and at a tax mill levy no higher than the Maximum Debt Mill Levy for commercial and residential properties. Debt which is issued within these parameters and, as further described in the Financial Plan, will insulate property owners from excessive tax burdens to support the servicing of the Debt and will result in a timely and reasonable discharge of the Debt. This Service Plan is intended to establish a limited purpose for the Districts and explicit financial constraints that are not to be violated under any circumstances. The primary purpose is to provide for the Public Improvements associated with development of the Project. Operational activities are allowed in accordance with the provisions of Section V.A.1. It is the intent of the Districts to dissolve upon payment or defeasance of all Debt incurred or upon a court determination that adequate provision has been made for the payment of all Debt, and if any District has authorized operating functions under an intergovernmental agreement with the Town, to retain only the power necessary to impose and collect taxes or fees to pay for these costs. The Districts shall be authorized to finance the Public Improvements that can be funded from Debt to be repaid from tax revenues collected from a mill levy which shall not exceed the Maximum Debt Mill Levy on commercial and residential properties and which shall not exceed the Maximum Debt Mill Levy Imposition Term on residential properties. It is the intent of this Service Plan to assure, to the extent possible, that (1) no commercial or residential property bears an economic burden greater than that associated with the Maximum Debt Mill Levy in amount and (2) that no property developed for a residential use bears an economic burden greater than that associated with the Maximum Debt Mill Levy Imposition Term in duration (even under bankruptcy or other unusual situations). Generally, the cost of Public Improvements that cannot be funded within these parameters are not costs to be paid by the Districts. II. DEFINITIONS In this Service Plan, the following terms shall have the meanings indicated below, unless the context hereof clearly requires otherwise: Approved Development Plan: means those approvals contemplated by that certain "Crossroads Development Agreement" between the Town, and Crossroads East One, LLC, a Colorado limited liability company dated as of July 25, 2006 (the "Development Agreement") or other process established by the Town consistent with the terms of the Development Agreement for identifying, among other things, Public Improvements necessary for facilitating development for property within the Service Area as approved by the Town pursuant to the Town Code and as amended pursuant to the Town Code from time to time. Board: means the board of directors of one District or the boards of directors of all Districts, in the aggregate. Bond, Bonds or Debt: means bonds or other obligations for the payment of which any District has promised to impose an ad valorem property tax mill levy. District: means any one of the Solaris Metropolitan District No. 1 through 3. District No. 1: means the Solaris Metropolitan District No. 1. 2 District No. 2: means the Solaris Metropolitan District No. 2 District No. 3 : means the Vail Square Metropolitan District No. 3. Districts: means District No. 1, District No. 2 and District No. 3, collectively. External Financial Advisor: means a consultant that: (i) advises Colorado governmental entities on matters relating to the issuance of securities by Colorado governmental entities, including matters such as the pricing, sales and marketing of such securities and the procuring of bond ratings, credit enhancement and insurance in respect of such securities; (ii) shall be an underwriter, investment banker, or individual listed as a public finance advisor in the Bond Buyer's Municipal Market Place; and (iii) is not an officer or employee of the District and has not been otherwise engaged to provide services in connection with the transaction related to the applicable Debt. Financial Plan: means the Financial Plan described in Section VI below, which describes: (i) how the Public Improvements are to be financed; (ii) how the Debt is expected to be incurred; and (iii) the estimated operating revenue derived from property taxes for the first budget year. GID: means the Town of Vail General Improvement District No. 1 created by the Town by ordinance dated , 2006. Inclusion Area Boundaries: means the property described in Exhibit B describing additional property that may be included into the boundaries of the Districts. Inclusion Area Boundaries Map: means the map attached hereto within Exhibit B describing additional property that may be included into the boundaries of the Districts Initial District Boundaries: means the initial boundaries of the Districts as described in Exhibit A attached hereto and as depicted on the Initial District Boundary Map. Initial District Boundaries Man: means the map attached hereto within Exhibit A describing the initial boundaries of the Districts. Maximum Debt Mill Lew: means the maximum mill levy any of the Districts is permitted to impose for payment of Debt as set forth in Section. VI.C below. Maximum Debt Mill Levy Imposition Term: means the maximum term for imposition of a mill levy on a particular property developed for residential uses as set forth in Section VI.D below. Operating District: means District No. 1. Pro'ect: means the development or property commonly referred to as Solaris Vail, consisting of an area including approximately 2.643 acres within the Town of Vail, generally located at 141 East Meadow Drive, in Vail, Colorado. 3 Public Improvements: means a part or all of the improvements authorized to be planned, designed, acquired, constructed, installed, relocated, redeveloped and financed as generally described in the Special District Act, except as specifically limited in Section V below, and except as limited by the Development Agreement, to serve the future taxpayers and inhabitants of the Service Area as determined by the Board of one or more of the Districts. Service Area: means the property within the Initial District Boundaries and the Inclusion Area Boundaries. Service Plan: means this consolidated service plan for the Districts approved by Town Council. Service Plan Amendment: means an amendment to the Service Plan approved by Town Council in accordance with applicable state law. ~ecial District Act: means Section 32-1-101, et se ., of the Colorado Revised Statutes, as amended from time to time. State: means the State of Colorado. TABOR: means Article 10 Section 20 of the Colorado Constitution. Taxin~District: means District Nos. 2 and 3. Town: means the Town of Vail, Colorado. Town Code: means the Town Code of the Town of Vail, Colorado. Town Council: means the Town Council of the Town of Vail, Colorado. III. BOUNDARIES The combined area within the Initial District Boundaries is approximately 2.643 acres. Legal descriptions of the boundaries of District No. 1, District No. 2 and District No. 3 are attached hereto as Exhibit A. A map of the Initial District Boundaries is included within Exhibit A. A description and map of the Inclusion Area Boundaries is attached hereto as Exhibit B. It is anticipated that the Districts' boundaries may change from time to time as it undergoes inclusions and exclusions pursuant to Section 32-1-401, et se ., C.R.S., and Section 32-1-501, et se ., C.R.S., subject to the limitations set forth in Article V below. IV. PROPOSED LAND U5E/POPULATION PROJECTIONS/ASSESSED VALUATION The Service Area consists of approximately 2.643 acres of land. The current assessed valuation of the District Boundaries is assumed to be approximately $1.5 million for purposes of this Service Plan and, at build out, is expected to be sufficient to reasonably discharge the Debt 4 i- under the Financial Plan. The population of the Districts at build-out is estimated to be approximately 175 people. Approval of this Service Plan by the Town does not imply approval of the development of a specific area within the Districts, nor does it imply approval of the number of residential units or the total site/floor area of commercial or industrial buildings identified in this Service Plan or any of the exhibits attached thereto, unless the same is contained within an Approved Development Plan. V. DESCRIPTION OF PROPOSED POWERS IMPROVEMENTS AND SERVICES A. Powers of the Districts and Service Plan Amendment. The Districts shall have the power and authority to provide the Public Improvements and related operation and maintenance services within and without the boundaries of the Districts as such power and authority is described in the Special District Act, and other applicable statutes, common law and the Constitution, subject to the limitations set forth herein. 1. Operations and Maintenance Limitation. The purpose of the Districts is to plan for, design, acquire, construct, install, relocate, redevelop and finance the Public Improvements. The Districts shall dedicate the Public Improvements to the Town or other appropriate jurisdiction in a manner consistent with the Approved Development Plan and other rules and regulations of the Town and applicable provisions of the Town Code. Notwithstanding the foregoing, the Districts shall have the right to operate and maintain Public Improvements (including, but not limited to the "Public Plaza," as that term is defined in the Development Agreement) in a manner consistent with the Development Agreement or any Approved Development Plan. 2. Construction Standards Limitation. The Districts will ensure that the Public Improvements are designed and constructed in accordance with the standards and specifications of the Town and of other governmental entities having proper jurisdiction and of those special districts that qualify as "interested parties" under Section 32-1-204(1}, C.R.S., as applicable. The Districts will obtain the Town's approval of civil engineering plans for any offsite Public Improvements and applicable permits for construction and installation of all Public Improvements prior to performing such work. 3. Privately Placed Debt Limitation. Prior to the issuance of any privately placed Debt, the District shall obtain the certification of an External Financial Advisor substantially as follows:We are [I am] an External Financial Advisor within the meaning of the District's Service Plan. We [I] certify that (1} the net effective interest rate (calculated as defined in Section 32-1-103(12), C.R.S.) to be borne by [insert the designation of the Debt] does not exceed a reasonable current [tax- exempt] [taxable] interest rate, using criteria deemed appropriate by us [me] and based upon our [my] analysis of comparable high yield securities; and (2) the structure of [insert designation of the Debt], including maturities and early redemption provisions, is reasonable considering the financial circumstances of the District. 4. Inclusion Limitation. The Districts shall not include within any of their boundaries any property outside the Service Area without the prior written consent of the Town Council. 5. Debt Limitation. The Districts shall not be authorized to incur any indebtedness until such time as the Districts have approved and executed the form of Intergovernmental Agreement attached as Exhibit C. 6. Total Debt Issuance Limitation. The Districts shall not issue Debt in excess of $20 Million. 7. Monies from Other Governmental Sources. The Districts shall not apply for or accept Conservation Trust Funds, Great Outdoors Colorado Funds, or other funds available from or through governmental or non-profit entities that the Town is eligible to apply for, except pursuant to an intergovernmental agreement with the Town. This Section shall not apply to specific ownership taxes which shall be distributed to and a revenue source for the Districts without any limitation. 8. Bankruptcy Limitation. All of the limitations contained in this Service Plan, including, but not limited to, those pertaining to the Maximum Debt Mill Levy and the Maximum Debt Mill Levy Imposition Term have been established under the authority of the Town to approve a Service Plan with conditions pursuant to Section 32-1-204.5, C.R.S. It is expressly intended that such limitations: a. Shall not be subject to set-aside for any reason or by any court of competent jurisdiction, absent a Service Plan Amendment; and b. Are, together with all other requirements of Colorado law, included in the "political or governmental powers" reserved to the State under the U.S. Bankruptcy Code {1l U.S.C.) Section 903, and are also included in the "regulatory or electoral approval necessary under applicable nonbankruptcy law" as required for confirmation of a Chapter 9 Bankruptcy Plan under Bankruptcy Code Section 943(b)(6). 9. Service Plan Amendment Requirement. This Service Plan has been designed with sufficient flexibility to enable the Districts to provide required services and facilities under evolving circumstances without the need for numerous amendments. Actions of the Districts which violate the limitations set forth in Sections V.A.1-6 above or in Section VI.B- F shall be deemed to be material modifications to this Service Plan and the Town shall be entitled to all remedies available under State and local law to enjoin such actions of the Districts. Any Debt, issued with a pledge or which results in a pledge, that exceeds the Maximum Debt Mill Levy and the Maximum Debt Mill Levy Imposition Term, shall be deemed a material modification of this Service Plan pursuant to Section 32-1-207, C.R.S. and shall not be an authorized issuance of Debt unless and until such material modification has been approved by the Town as part of a Service Plan Amendment. 6 B. Preliminary Engineering Survey. The Districts shall have authority to provide for the planning, design, acquisition, construction, installation, relocation, redevelopment, maintenance and fmancing of the Public Improvements within and without the boundaries of the Districts, to be more specifically defined in the Approved Development Plan. An estimate of the costs of a portion of the Public Improvements which may be planned for, designed, acquired, constructed, installed, relocated, redeveloped, maintained or financed was prepared based upon a preliminary engineering survey and estimates derived from the zoning on the property in the Service Area and is approximately $15 Million. All of the Public Improvements will be designed in such a way as to assure that the Public Improvements standards will be compatible with those of the Town and shall be in accordance with the requirements of the Approved Development Plan. All construction cost estimates are based on the assumption that construction conforms to applicable local, State or Federal requirements. C. Multiple District Structure. It is anticipated that the Districts, collectively, will undertake the financing and construction of the Public Improvements. The nature of the functions and services to be provided by each District shall be clarified in an intergovernmental agreement between and among the Districts. All such agreements will be designed to help assure the orderly development of the Public Improvements and essential services in accordance with the requirements of this Service Plan. Implementation of such intergovernmental agreement is essential to the orderly implementation of this Service Plan. Accordingly, any determination of any Board to set aside said intergovernmental agreement without the consent of all of the Districts shall be a material modification of the Service Plan. Said intergovernmental agreement may be amended by mutual agreement of the Districts without the need to amend this Service Plan. VI. FINANCIAL PLAN A. General. The Districts shall be authorized to provide for the planning, design, acquisition, construction, installation, relocation and/or redevelopment of the Public Improvements from their revenues and by and through the proceeds of Debt to be issued by the Districts. The Financial Plan for the Districts shall be to issue such Debt as the Districts can reasonably pay within the Maximum Debt Mill Levy Imposition Term from revenues derived from the Maximum Debt Mill Levy and other legally available revenues. The total Debt that the Districts shall be permitted to issue shall not exceed Twenty Million Dollars {$20,000,000.00) and shall be permitted to be issued on a schedule and in such year or years as the Districts determine shall meet the needs of the Financial Plan referenced above and shall be phased to serve development as it occurs. All bonds and other Debt issued by the Districts may be payable from any and all legally available revenues of the Districts, including general ad valorem taxes to be imposed upon all taxable property within the Districts. The Districts will also rely upon various other 7 revenue sources authorized by law. These will include the power to assess fees, rates, tolls, penalties, or charges as provided in Section 32-1-1001(1), C.R.S., as amended from time to time. B. Maximum Voted Interest Rate and Maximum Underwriting Discount. The interest rate on any Debt is expected to be the market rate at the time the Debt is issued. In the event of a default, the proposed maximum interest rate on any Debt is not expected to exceed 18%. The proposed maximum underwriting discount will be 5%. Debt, when issued, will comply with all relevant requirements of this Service Plan, State law and Federal law as then applicable to the issuance of public securities. C. Maximum Debt Mill Lew. The "Maximum Debt Mill Levy" shall be the maximum mill levy a District is permitted to impose upon the taxable property within such District for payment of Debt, and shall be determined as follows: 1. For the portion of any aggregate Debt which exceeds 50% of the District's assessed valuation, the Maximum Debt Mill Levy for such portion of Debt shall be fifty (50) mills. 2. There are changes in the method of calculating assessed valuation or any constitutionally mandated tax credit, cut or abatement; the mill levy limitation applicable to such Debt may be increased or decreased to reflect such changes, such increases or decreases to be determined by the Board in good faith (such determination to be binding and. final) so that to the extent possible, the actual tax revenues generated by the mill levy, as adjusted for changes occurring after January 1, 2007, are neither diminished nor enhanced as a result of such changes. For purposes of the foregoing, a change in the ratio of actual valuation shall be deemed to be a change in the method of calculating assessed valuation. 3. For the portion of any aggregate Debt which is equal to or less than 50% of the District's assessed valuation, either on the date of issuance or at any time thereafter, the mill levy to be imposed to repay such portion of Debt shall not be subject to the Maximum Debt Mill Levy and, as a result, the mill levy may be such amount as is necessary to pay the Debt service on such Debt, without limitation of rate. 4. For purposes of the foregoing, once Debt has been determined to be within Section VII.C.2 above, so that the District is entitled to pledge to its payment an unlimited ad valorem mill levy, such District may provide that such Debt shall remain secured by such unlimited mill levy, notwithstanding any subsequent change in such District's Debt to assessed ratio. All Debt issued by the Districts must be issued in compliance with the requirements of Section 32-1-1101, C.R.S. and all other requirements of State law. To the extent that the Districts are composed of or subsequently organized into one or more subdistricts as permitted under Section 32-1-1101, C.R.S., the term "District" as used in this shall be deemed to refer to the District and to each such subdistrict separately, so that each of the subdistricts shall be treated as a separate, independent district for purposes of the application of this definition. D. Maximum Debt Mill Levy Imposition Term. The Districts shall not impose a levy for repayment of any and all Debt (or use the proceeds of any mill levy for repayment of Debt) on any single property developed for residential uses which exceeds forty (40) years after the year of the initial imposition of such mill levy unless a majority of the Board of Directors of the District imposing the mill levy are residents of such District and have voted in favor of a refunding of a part or all of the Debt and such refunding will result in a net present value savings as set forth in Section 11-56-101, C.R.S.; et se . E. Debt R~ayment Sources. Each of the Districts may impose a mill levy on taxable property within its boundaries as a primary source of revenue for repayment of debt service and for operations and maintenance. The Districts may also rely upon various other revenue sources authorized by law. At the Districts' discretion, these may include the power to assess fees, rates, tolls, penalties, or charges as provided in Section 32-1-1001(1), C.R.S., as amended from time to time. In no event shall the debt service mill levy in any District exceed the Maximum Debt Mill Levy or, for residential property within a District, the Maximum Debt Mill Levy Imposition Term, except pursuant to an intergovernmental agreement between the Operating District and the Town for Regional Improvements. F. Security for Debt. The Districts shall not pledge any revenue or property of the Town as security for the indebtedness set forth in this Service Plan. Approval of this Service Plan shall not be construed as a guarantee by the Town of payment of any of the Districts' obligations; nor shall anything in the Service Plan be construed so as to create any responsibility or liability on the part of the Town in the event of default by the Districts in the payment of any such obligation. G. TABOR Compliance. The Districts will comply with the provisions of TABOR. In the discretion of the Board, the Districts may set up other qualifying entities to manage, fund, construct and operate facilities, services, and programs. To the extent allowed by law, any entity created by the Districts will remain under the control of the Districts' Boards. H. Districts' Operating C, osts. The estimated cost of acquiring land, engineering services, legal services and administrative services, together with the estimated costs of the districts' organization and initial operations, are anticipated to be $250,000, which will be eligible for reimbursement from Debt proceeds. In addition to the capital costs of the Public Improvements, the Districts will require operating funds for administration and to plan and cause the Public Improvements to be constructed and maintained. The first year's operating budget is estimated to be $250,000.00 which is anticipated to be derived from property taxes and other revenues. The first year's 9 operating budget is an estimate only, and variations from this estimate shall not be considered a material modification of this Service Plan. The Maximum Debt Mill Levy for the repayment of Debt shall not apply to the District's ability to increase their mill levy as necessary for provision of operation and maintenance services to their taxpayers and service users. VII. ANNUAL REPORT A. General. Each of the Districts shall be responsible for submitting an annual report to the Town Manager no later than August 1St of each year following the year in which the Order and Decree creating the District has been issued. B. Reportin~yof Significant Events. The annual report shall include information as to any of the following: 1. Boundary changes made to the District's boundary as of December 31 of the prior year. 2. Intergovernmental agreements with other governmental entities entered into as of December 31 of the prior year. 3. A list of all facilities and improvements constructed by the Districts that have been dedicated to and accepted by the Town as of December 31 of the prior year. 4. The assessed valuation of the Districts for the current year. 5. Current year budget including a description of the Public Improvements to be constructed in such year. 6. Audit of the Districts fmancial statements, for the year ending December 31 of the previous year, prepared in accordance with generally accepted accounting principles or audit exemption, if applicable. 7. Notice of any uncured events of default by the District, which continue beyond a ninety (90) day period, under any Debt instrument. VIII. DISSOLUTION Upon an independent determination of the Town Council that the purposes for which the Districts were created have been accomplished, the Districts agree to file petitions in the appropriate District Court for dissolution, pursuant to the applicable State statutes. In no event shall a dissolution occur until the Districts have provided for the payment or discharge of all of their outstanding indebtedness and other financial obligations as required pursuant to State statutes. 10 IX. DISCLOSURE TO PURCHASERS The Districts will use reasonable efforts to assure that all developers of the property located within the Districts provide written notice to all purchasers of property in the Districts regarding the Maximum Debt Mill Levy, as well as a general description of the Districts' authority to impose and collect rates, fees, tolls and charges. The form of notice shall be filed with the Town prior to the initial issuance of the Debt of the District imposing the mill levy which is the subject of the Maximum Debt Mill Levy. X. INTERGOVERNMENTAL AGREEMENTS The form of the intergovernmental agreement relating to the limitations imposed on the Districts' activities is attached hereto as Exhibit C. The Districts shall approve the intergovernmental agreement in substantially the form attached as Exhibit C at their first Board meeting after their organizational elections. Failure of the Districts to execute the intergovernmental agreement as required herein shall constitute a material modification and shall require a Service Plan Amendment. The Town Council shall approve the intergovernmental agreement in substantially the form attached as Exhibit C prior to execution by the Districts. XI. CONCLUSION It is submitted that this Service Plan for the Districts, as required by Section 32-1-203(2), C.R.S. establishes that: 1. There is sufficient existing and projected need for organized service in the area to be serviced by the Districts; 2. The existing service in the area to be served by the Districts is inadequate for present and projected needs; 3. The Districts are capable of providing economical and sufficient service to the area within its proposed boundaries; and 4. The area to be included in the Districts does have, and will have, the fmancial ability to discharge the proposed indebtedness on a reasonable basis. Respectfully submitted this day of , 2006. By: Attorneys for the Proponents of the Districts VSMDISPLANIVJM0920D91306 0801.0003e 11 EXHIBIT A Initial District Boundaries and Map A PORTION OF LOT P, BLOCK SD AND TRACT C, VAIL VILLAGE, FIRST FILING, A SUBDIVISION IN THE TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT P, WHICH IS ALSO THE NORTHWEST CORNER OF SAID TRACT C AND A POINT ON THE SOUTHERLY LINE OF INTERSTATE HIGHWAY N0.70 RIGHT OF WAY; THENCE SOUTH 79 DEGREES 46 MINUTES 00 SECONDS EAST 73.30 FEET ALONG SAID SOUTHERLY LINE WHICH IS ALSO THE NORTHERLY LINE OF SAID TRACT C; THENCE SOUTH 9 DEGREES 53 MINUTES 55 SECONDS WEST 111.54 FEET TO A POINT OF CURVE; THENCE 27.37 FEET ALONG THE ARC OF A 40.00 FOOT RADIUS CURVE TO THE RIGHT WHOSE CENTRAL ANGLE IS 39 DEGREES 12 MINUTES OS SECONDS AND WHOSE LONG CHORD BEARS SOUTH 29 DEGREES 29 MINUTES 58 SECONDS WEST 26.84 FEET TO A POINT OF TANGENT; THENCE SOUTH 49 DEGREES 06 MINUTES 00 SECONDS WEST 50.99 FEET TO THE SOUTHEAST CORNER OF SAID LOT P, WHICH IS A POINT ON THE NORTHERLY LINE OF EAST MEADOW DRIVE; THENCE CONTINUING SOUTH 49 DEGREES 06 MINUTES 00 SECONDS WEST 5.36 FEET ALONG SAID NORTHERLY LINE TO A POINT OF CURVE; THENCE CONTINUING ALONG SAID NORTHERLY LINE 154.17 FEET ALONG THE ARC OF 336.71 FOOT RADIUS CURVE TO THE RIGHT WHOSE CENTRAL ANGLE IS 26 DEGREES 14 MINUTES 05 SECONDS AND WHOSE LONG CHORD BEARS SOUTH 62 DEGREES 13 MINUTES 03 SECONDS WEST 152.83; THENCE NORTH 10 DEGREES 09 MINUTES 34 SECONDS EAST 274.87 FEET TO A POINT ON SAID SOUTHERLY LINE OF INTERSTATE HIGHWAY N0.70 RIGHT OF WAY, WHICH IS THE NORTHERLY LINE OF SAID LOT P; THENCE SOUTH 79 DEGREES 46 MINUTES 00 SECONDS EAST 91.03 FEET ALONG SAID NORTHERLY LINE TO THE TRUE POINT OF BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO. EXHIBIT B Inclusion Area Boundaries and Map THAT CERTAIN COMMERCIAL CRV IN THE CROSSROADS OF VAIL, A CONDOMINIUM, IN ACCORDANCE WITH THE CONDOMINIUM DECLARATION RECORDED DECEMBER 2, 1968 IN BOOK 214 AT PAGE 261 AND THE FIRST AMENDMENT THERETO RECORDED FEBRUARY 7, 1977 IN BOOK 252 AT PAGE 353 AS SHOWN ON THAT CERTINA CONDOMINIUM MAP OF CROSSROADS OF VAIL RECORDED DECEMBER 2, 1968 IN BOOK 214, AT PAGE 262, AND THE CORRECTED CONDOMINIUM MAP OF CROSSROADS OF VAIL RECORDED ON FEBRUARY 25, 1969 IN BOOK 214, AT PAGE 686, TOGETHER WITH THE UNDIVIDED INTERESTS THEREIN, WHICH SUCH COMMERCIAL CRV IS LOCATED ON THAT CERTAIN PARCEL OF PROPERTY MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF LOT P, BLOCK SD VAIL VILLAGE, FIRST FILING, A SUBDIVISION IN THE TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO DESCRIBED AS FOLLOWS: COMMENCING ON THE NORTHWEST CORNER OF SAID LOT P; THENCE SOUTH 79 DEGREES 46 MINUTES 00 SECONDS EAST AND ALONG THE NORTHERLY LINE OF SAID LOT P A DISTANCE OF 44.90 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE AFORESAID COURSE A DISTANCE OF 259.07 FEET; THENCE SOUTH 10 DEGREES 09 MINUTES 34 SECONDS WEST A DISTANCE OF 274.87 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF SAID LOT P; THENCE ON AN ANGLE TO THE RIGHT OF 65 DEGREES 10 MINUTES 31 SECONDS AND ALONG THE SOUTHERLY LINE OF SAID LOT P AND ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 336.71 FEET, A CENTRAL ANGLE OF 22 DEGREES 04 MINUTES 55 SECONDS, AN ARC DISTANCE OF 129.77 FEET TO A POINT OF TANGENT; THENCE NORTH 82 DEGREES 35 MINUTES 00 SECONDS WEST AND ALONG THE SOUTHERLY LINE OF SAID LOT P A DISTANCE OF 120.83 FEET TO THE SOUTHWEST CORNER OF SAID LOT P; THENCE NORTH 00 DEGREES 23 MINUTES 00 SECONDS WEST AND ALONG THE WESTERLY LINE OF SAID LOT P A DISTANCE OF 216.28 FEET; THENCE NORTH 50 DEGREES 11 MINUTES 32 SECONDS EAST A DISTANCE OF 44.41 FEET; THENCE NORTH 08 DEGREES 17 MINUTES 43 SECONDS EAST A DISTANCE OF 65.12 FEET TO THE TRUE POINT OF BEGINNING. AND CONDOMINIUM UNITS A-1, A-2, A-3, A-4, A-5, A-6, B-1, B-2, C-1, C-2, C-3, C-4, D-i, D-2, D-3, D-4, E-1, E-2, E-3, E-4, E-5, AND E-6, CROSSROADS OF VAIL, ACCORDING TO THE CONDOMINIUM MAP THEREOF RECORDED DECEMBER 2, 1968 IN BOOK 214 AT PAGE 262 AND THE CORRECTED CONDOMINIUM MAP THEREOF RECORDED FEBRAURY 25, 1969 IN BOOK 214 AT PAGE 686 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION RECORDED DECEMBER 2, 1968 IN BOOK 214 AT PAGE 261, AND FIRST AMENDMENT THERETO RECORDED FEBRUARY 7, 1977 IN BOOK 252 AT PAGE 353, COUNTY OF EAGLE, STATE OF COLORADO. EXHIBIT C INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL, COLORADO, SOLARI5 METROPOLITAN DISTRICT NO. 1, SOLARIS METROPOLITAN DISTRICT N0.2, AND SOLARIS METROPOLITAN DISTRICT N0.3 THIS AGREEMENT is made and entered into as of this ~ day of , by and between the TOWN OF VAIL, a municipal corporation of the State of Colorado ("Town"), and SOLARIS METROPOLITAN DISTRICT NO. 1, SOLARIS METROPOLITAN DISTRICT NO. 2, and SOLARIS METROPOLITAN DISTRICT NO. 3, quasi-municipal corporations and political subdivisions of the State of Colorado (the "Districts"). The Town and the Districts are collectively referred to as the Parties. RECITALS WHEREAS, the Districts were organized to provide those services and to exercise powers as are more specifically set forth in the Districts' Service Plan, approved by the Town on 2006 ("Service Plan"); and WHEREAS, the Service Plan makes reference to the execution of an intergovernmental agreement between the Town and the Districts; and WHEREAS, the Town and the Districts have determined it to be in the best interests of their respective taxpayers, residents and property owners to enter into this Intergovernmental Agreement ("Agreement"). NOW, THEREFORE, in consideration of the covenants and mutual agreements herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: COVENANTS AND AGREEMENTS 1. Operations and Maintenance. The Districts shall operate and maintain the Public Improvements (as defined in the Service Plan) in a manner consistent with the Development Agreement or other Approved Development Plan, and otherwise subject to the rules and regulations of the Town and applicable provisions of the Town Code. (i) Construction Standards. The Districts will ensure that the Public Improvements are designed and constructed in accordance with the standards and specifications of the Town and of other governmental entities having proper jurisdiction, as applicable. The Districts will obtain the Town's approval of civil engineering plans and will obtain applicable permits for construction and installation of Public Improvements prior to performing such work. 2 (ii) Issuance of Privately Placed Debt. Prior to the issuance of any privately placed Debt, the Districts shall obtain the certification of an External Financial Advisor substantially as follows: We are [I am] an External Financial Advisor within the meaning of the District's Service Plan. We [I] certify that (1) the net effective interest rate (calculated as defined in Section 32-1-103(12), C.R.S.) to be borne by [insert the designation of the Debt] does not exceed a reasonable current [tax- exempt] [taxable] interest rate, using criteria deemed appropriate by us [me] and based upon our [my] analysis of comparable high yield securities; and (2) the structure of [insert designation of the Debt], including maturities and early redemption provisions, is reasonable considering the financial circumstances of the District. (iii) Inclusion. The Districts shall not include within any of their boundaries any property outside the Service Area (as defined in the Service Plan) without the prior written consent of the Town Council. (iv) Total Debt Issuance. The Districts shall not issue Debt in excess of $20 million. (v) Debt Issuance Limitation. The Districts shall not be authorized to incur any indebtedness until such time as the Districts have approved and executed this Agreement. (vi) Monies from Other Governmental Sources. The Districts shall not apply for or accept Conservation Trust Funds, Great Outdoors Colorado Funds, or other funds available from or through governmental or non-profit entities that the Town is eligible to apply for, except pursuant to an intergovernmental agreement with the Town. This Section shall not apply to specific ownership taxes which shall be distributed to and a revenue source for the Districts without any limitation. (vii} Bankrugtcy. All of the limitations contained in the Service Plan, including, but not limited to, those pertaining to the Maximum Debt Mill Levy and the Maximum Debt Mill Levy Imposition Term have been established under the authority of the Town to approve a Service Plan with conditions pursuant to Section 32-1-204.5, C.R.S. It is expressly intended that such limitations: (a) Shall not be subject to set-aside for any reason or by any court of competent jurisdiction, absent a Service Plan Amendment; and (b) Are, together with all other requirements of Colorado law, included in the "political or governmental powers" reserved to the State under the U.S. Bankruptcy Code (11 U.S.C.) Section 903, and are also included in the "regulatory or electoral approval necessary under applicable nonbankruptcy law" as required for confirmation of a Chapter 9 Bankruptcy Plan under Bankruptcy Code Section 943(b)(6). 9. Debt Issuance Limitations. Any Debt, issued with a pledge or which results in a pledge, that exceeds the Maximum Debt Mill Levy and the Maximum Debt Mill Levy Imposition Term, shall be deemed a material modification of the Service Plan pursuant to Section 32-1-207, C.R.S. and shall not be an authorized issuance of Debt unless and until such material modification has been approved by the Town as part of a Service Plan Amendment. 10. Dissolution. Upon an independent determination of the Town Council that the purposes for which the Districts were created have been accomplished, the Districts agree to file petitions in the appropriate District Court for dissolution, pursuant to the applicable State statutes. In no event shall dissolution occur until the Districts have provided for the payment or discharge of all their outstanding indebtedness and other financial obligations as required pursuant to State statutes. 11. Disclosure to Purchasers. The Districts will use reasonable efforts to assure that all developers of the property located within the Districts provide written notice to all purchasers of property in the Districts regarding the Maximum Debt Mill Levy, as well as a general description of the Districts' authority to impose and collect rates, fees, tolls and charges. The form of notice shall be filed with the Town prior to the initial issuance of the Debt of the Districts imposing the mill levy which is the subject of the Maximum Debt Mill Levy. 12. Service Plan Amendment Requirement. Actions of the Districts which violate the limitations set forth in V.A.1-6 or in Section VI.B-G of the Service Plans shall be deemed to be material modifications to the Service Plan and the Town shall be entitled to all remedies available under State and local law to enjoin such actions of the Districts. 13. Annual Report. The Districts shall be responsible for submitting an annual report to the Town Manager's Office no later than August 1st of each year following the year in which the Order and Decree creating the Districts has been issued, containing the information set forth in Section VII of the Service Plan. 14. Maximum Debt Mill Lew. The "Maximum Debt Mill Levy" shall be the maximum mill levy the Districts are permitted to impose upon the taxable property within the District for payment of Debt, and shall be determined as follows: (a) For the portion of any aggregate District's Debt which exceeds 50% of the District's assessed valuation, the Maximum Debt Mill Levy for such portion of Debt shall be fifty (50) mills less the number of mills necessary to pay unlimited mill levy Debt described in Section VI.C.2 of the Service Plan; provided that if, on or after January 1, 2007, there are changes in the method of calculating assessed valuation or any constitutionally mandated tax credit, cut or abatement; the mill levy limitation applicable to such Debt may be increased or decreased to reflect such changes, such increases or decreases to be determined by the Board in good faith (such determination to be binding and final) so that to the extent possible, the actual tax revenues generated by the mill levy, as adjusted for changes occurring after January 1, 2007, are neither diminished nor enhanced as a result of such changes. For purposes of the foregoing, a change in the ratio of actual valuation shall be deemed to be a change in the method of calculating assessed valuation. 4 b) For the portion of any aggregate District's Debt which is equal to or less than 50% of the District's assessed valuation, either on the date of issuance or at any time thereafter, the mill levy to be imposed to repay such portion of Debt shall not be subject to the Maximum Debt Mill Levy and, as a result, the mill levy may be such amount as is necessary to pay the Debt service on such Debt, without limitation of rate. c) For purposes of the foregoing, once Debt has been determined to be within Section VII.C.2 of the Service Plan, so that the District is entitled to pledge to its payment an unlimited ad valorem mill levy, the District may provide that such Debt shall remain secured by such unlimited mill levy, notwithstanding any subsequent change in the District's Debt to assessed ratio. All Debt issued by the District must be issued in compliance with the requirements of Section 32-1-1101, C.R.S. and all other requirements of State law. To the extent that the District is composed of or subsequently organized into one or more subdistricts as permitted under Section 32-1-1101, C.R.S., the term "District" as used herein shall be deemed to refer to the District and to each such subdistrict separately, so that each of the subdistricts shall be treated as a separate, independent district for purposes of the application of this definition. 15. Maximum Debt Mill Lew Imposition Term. The Districts shall not impose a levy for repayment of any and all Debt (or use the proceeds of any mill levy for repayment of Debt) on any single property developed for residential uses which exceeds forty (40) years after the year of the initial imposition of such mill levy unless a majority of the Board of Directors of the District are residents of the District and have voted in favor of a refunding of apart or all of the Debt and such refunding will result in a net present value savings as set forth in Section 11-56-101, C.R.S.; et seq. 16. Notices. Ail notices, demands, requests or other communications to be sent by one party to the other hereunder or required by law shall be in writing and shall be deemed to have been validly given or served by delivery of same in person to the address or by courier delivery, via United Parcel Service or other nationally recognized overnight air courier service, or by depositing same in the United States mail, postage prepaid, addressed as follows: To the Districts: Solaris Metropolitan District No. 1 Solaris Metropolitan District No. 2 Solaris Metropolitan District No. 3 1805 Shea Center Drive, Suite 100 Highlands Ranch, CO 80129 Attn: William P. Ankele, Esq. Phone: (303) 858-1800 Fax: (303) 858-1801 To the Town: Town of Vail 75 S. Frontage Road Vail, CO 81657 Attn: Matt Mire, Town Attorney Phone: (970) 479-2460 Fax: (970) 479-2157 5 All notices, demands, requests or other communications shall be effective upon such personal delivery or one (1) business day after being deposited with United Parcel Service or other nationally recognized overnight air courier service or three (3) business days after deposit in the United States mail. By giving the other party hereto at least ten (10) days written notice thereof in accordance with the provisions hereof, each of the Parties shall have the right from time to time to change its address. 16. Amendment. This Agreement may be amended, modified, changed, or terminated in whole or in part only by a written agreement duly authorized and executed by the Parties hereto and without amendment to the Service Plan. 17. Ass~nment. No Party hereto shall assign any of its rights nor delegate any of its duties hereunder to any person or entity without having first obtained the prior written consent of all other Parties, which consent will not be unreasonably withheld. Any purported assignment or delegation in violation of the provisions hereof shall be void and ineffectual. 18. Default/Remedies. In the event of a breach or default of this Agreement by any Party, the non-defaulting Parties shall be entitled to exercise all remedies available at law or in equity, specifically including suits for specific performance and/or monetary damages. In the event of any proceeding to enforce the terms, covenants or conditions hereof, the prevailing Party/Parties in such proceeding shall be entitled to obtain as part of its judgment or award its reasonable attorneys' fees. 19. Governing Law and Venue. This Agreement shall be governed and construed under the laws of the State of Colorado.. 1. Inurement. Each of the terms, covenants and conditions hereof shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. 2. Irate a~r~ tion. This Agreement constitutes the entire agreement between the Parties with respect to the matters addressed herein. All prior discussions and negotiations regarding the subject matter hereof are merged herein. 3. Parties Interested Herein. Nothing expressed or implied in this Agreement is intended or shall be construed to confer upon, or to give to, any person other than the Districts and the Town any right, remedy, or claim under or by reason of this Agreement or any covenants, terms, conditions, or provisions thereof, and all the covenants, terms, conditions, and provisions in this Agreement by and on behalf of the Districts and the Town shall be for the sole and exclusive benefit of the Districts and the Town. 4. Severability. If any covenant, term, condition, or provision under this Agreement shall, for any reason, be held to be invalid or unenforceable, the invalidity or unenforceability of such covenant, term, condition, or provision shall not affect any other provision contained herein, the intention being that such provisions are severable. 6 5. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall constitute an original and ail of which shall constitute one and the same document. 6. Paragraph Headings. Paragraph headings are inserted for convenience of reference only. 7. Defined Terms. Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them in the Service Plan. SOLARIS METROPOLITAN DISTRICT NO. 1 By: President SOLARIS METROPOLITAN DISTRICT NO.2 By: President SOLARIS METROPOLITAN DISTRICT N0.3 By: President TOWN OF VAIL, COLORADO By:_ Mayor APPROVED AS TO FORM: Town Attorney Attest: By: Secretary Attest: By: Secretary Attest: By: Secretary Attest: By: Its: 7 7DWNOFYNL September 7, 2006 JULY 2006 VAIL BUSINESS REVIEW Overall July sales tax. increased 4.6% with Retail decreasing 3.4%, Lodging increased 17.0%, Food and Beverage increased 9.5% and Utilities/Other (which is mainly utilities but also includes taxable. services and rentals) decreased 3.9%. Town of Vail sales tax forms, the Vail Business Review and the sales tax worksheet are available on the Internet at www.vailgov.com. You can subscribe to have the Vail Business Review and the sales tax worksheet e-mailed to you automatically from www.vail og v.com. 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 or Judy Camp at (970) 479- 2119. Sincerely, n n `~~ c.~.JC.~ Sally Lorton Sales Tax Administrator July 2006 SALES TAX VAIL VILLAGE Retail ' Lodging Food & Beverage Other July 2005 Collections 214,369 108,943 221,834 7,783 Total ~ 552,929 204,302 119,815 July Change -4.7% ~ 10.0% 1.2% 6.5% 0.7% 224,561 8,287 556,965 LIONSHEAD Retail Lodging Food & Beverage Other Total July 2005 Collections 35,420 78,717 July 2006 Collections July 2006 Collections 38,616 95,140 44, 914 5,522 164,573 July Chanc,~e 9.0% 20.9% , 52,158 16.1 4,514 --- -- -18.3%° 1 190,428 15.7% July July July 2005 2006 Collections Collections Chan e Retail 147,745 150,203 1.7% Lodging 65,497 81,903 25.0% Food & Beverage 59,307 81,677 37.7% ~ Other 5,749 5,939 3.3% Total 278,298 319,722 14.9% July 2006 SALES TAX CASCADE VILLAGE/EAST VAIUSANDSTONE/WEST VAIL OUT OF TOWN July 2005 Collections Retail Lodging Food & Beverage Utilities & Other Total 43,262 1,698 2,151 129,197 176,308 July July 2006 Collections Change 32,799 -24.2% 1,300 -23.4% i 919 -57.3% ~ 123,782 -- -4.2% - ~, 158,800 -9.9% s July 2006 SALES TAX TOTAL July July July 2005 2006 Collections Collections - - _ __ Change __ Retail 440,796 425,920 -3.4% Lodging 254,855 298,158 17.0% I Food & Beverage 328,206 359,315 9.5% Utilities & 148,251 142,522 -3.9% Other Total ' 1,172,108 " 1,225,915 4.6% c RETAIL SUMMARY July 2005 Collections July 2006 Collections July % Change FOOD 126,780 116,603 -8.0% LIQUOR 24,049 25,975 8.0% APPAREL 69,619 70,158 .8% SPORT 90,882 95,817 5.4% JEWELRY 28,447 25,335 -10.9% GIFT 14,233 12,592 -11.5% GALLERY 6,475 10,540 62.8% OTHER 79,416 68,543 -13.7% HOME 895 357 -60.1% OCCUPATION TOTAL 440,796 425,920 -3.4% 7f11WNOFVNL September 7, 2006 JULY 2006 VAIL B US INES S REVIEW Overall July sales tax increased 4.6% with Retail decreasing 3.4%, Lodging increased 17.0%, Food and Beverage increased 9.5% and Utilities/Other (which is mainly utilities but also includes taxable services and rentals) decreased 3.9%. Town of Vail sales tax forms, the Vail Business Review and the sales tax worksheet are available on the Internet at www.vailgov.com. You can subscribe to have the Vail Business Review and the sales tax worksheet e-mailed to you automatically from www.vailgov.com. 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 or Judy Camp at (970) 479- 2119. Sincerely, ~.~.~C.~ Sally Lorton Sales Tax Administrator July 2006 SALES TAX VAIL VILLAGE July July 2005 2006 Collections Collections Retail ~~ 214,369. 204,.302 Lodging 108,943 119,815 Food & Beverage 221,834 224,561 Other I 7,783 8,287 Total 552,929 556:,965 July 2006 Collections 38,616 95,140 LIONSHEAD Retail Lodging Food & Beverage Other ~I Total ~ July 2005 Collections 35,420 78,717 44, 914 5,522 164,573 July Change of -4.7 /° 10.0% 1.2%' 6.5% ~' i 0.7% July Change _ 9.0°~0 ~~~ 20.9% ~~I 52,158 16.1 4,514 -18.3% 190,428 15.7% July 2006 SALES TAX CASCADE VILLAGE/EAST VAIUSANDSTONE/WEST VAIL July July July 2005 ~ 2006 Collections Collections Change Retail Lodging ~ Food & Beverage Other 147,745 150,203 1.7% 65,497 81,903 25.0% 59,307 81,677 37.7% 5,749 5,939 3.3% Total 278,298 319,722 14.9% OUT OF TOWN July 2005 Collections Retail I 43,262 Lodging 1,698 Food & Beverage Utilities & Other i - Total ~I July July 2006 Collections Chan~c e -- - --- ~ 32,799 -24.2% ~' 1,300 -23.4% 2,151 129,197 176,308 919 -57.3% 123,782 -4.2% 158,800 -9.9% July 2006 SALES TAX TOTAL July July July 2005 2006 Collections Collections Chanc Retail 440,796 Lodging 254,855 Food & Beverage 328,206 Utilities & 148,251 Other Total 1,172,108 425,920 -3.4% 298,158 17.0% 359,315 9.5% 142,522 -3.9% 1,225,915 4.6% RETAIL SUMMARY July 2005 Collections July 2006 Collections July % Change FOOD 126,780 116,603 -8.0% LIQUOR 24,049 25,975 8.0% APPAREL 69,619 70,158 .8% SPORT 90,882 95,817 5.4% JEWELRY 28,447 25,335 -10.9% GIFT 14,233 12,592 -11.5% GALLERY 6,475 10,540 62.8% OTHER 79,416 68,543 -13.7% HOME 895 357 -60.1% OCCUPATION TOTAL 440,796 425,920 -3.4%