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HomeMy WebLinkAbout2006-12-19 Support Documentation Town Council Evening SessionTOWN COUNCIL EVENING SESSION AGENDA 6:00 P.M. TUESDAY, DECEMBER 19, 2006 VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1 • ITEM/TOPIC: Citizen Participation, (10 min.) 2. Lorelei Donaldson ITEM/TOPIC: Appointments to the Commission on Special Events (CSE) and Vail Local Marketing District Advisory Council (VLMDAC) boards. (10 min.) ACTION REQUESTED OF COUNCIL: 1) Please interview the Commission on Special Events (CSE) applicants at the work session and appoint three applicants to the CSE (terms expire December 31, 2008) at the evening meeting; and 2) Please interview the Vail Local Marketing Board Advisory Council (VLMDAC) applicants at the work session and appoint four applicants to the VLMDAC (terms expire December 31, 2008) at the evening meeting. BACKGROUND RATIONALE: CSE: Members of the CSE shall serve at the will of the Town Council. The CSE shall support the Town Council's goals and objectives and makes decisions in alignment with the Town Council's marketing direction. The mission of the CSE is to support street entertainment and special events for vitality, year- round fun, sense of community and increased quality of experience for guests and residents. The functions and/or duties of CSE shall include, but are not limited to: hiring and overseeing a director and/or staff, as well as event producers and/or promoters; creating, funding and seeking special events for the Town of Vail; evaluating event applications and event success; submitting an annual budget for operations and events; coordinating the community calendar for special events; seeking out additional funding for special events through sponsorships and donations; evaluating and executing contracts for special events; and all other functions as directed by the Town Council. 3. There are currently three vacancies on the CSE. The Town received five (5) applications for the vacancies. Three applicants are incumbent members of the CSE (noted by asterisks below). The Council shall interview each applicant at the work session and then appoint three applicants to the CSE at the evening meeting. The applicants are as follows: Mark Cervantes Dave Chapin* Meggen Kirkham Richard tenBraak* Heather Trub* I have enclosed an attendance summary for the CSE for your review. VLMDAC: The mission of the VLMDAC is to strengthen the area economy by attracting visitors to Vail in the May to October time frame. Per C.R.S. 29-5-111 General powers of district. (1)(g) All applicants must be "owners of property within the boundaries of the district," which includes by definition corporations or entities which own property "within the boundaries of the district." Should an entity be appointed to this advisory council, it would then be up to that entity to appoint its designee. Additionally, owners of "taxable personal property" will be considered for appointment. There are currently four vacancies on the VLMDAC. The Town received four (4) applications for the vacancies. Three applicants are incumbent members of the VLMDAC (noted by asterisks below). The Council needs to interview each applicant at the work session and then appoint four applicants to the Vail Local .Marketing District Advisory Council at the evening meeting. The applicants are as follows: Ian Authur* Stephen Connolly Bob Llewellyn* Beth Slifer* Pam Stenmark* I have also enclosed an attendance summary for the VLMDAC for your review. RECOMMENDATION: Appoint three persons to the CSE and four persons to the VLMDAC. ITEMlTOPIC: Consent Agenda. (5 min.) A. Current copy of the Ford Park Paid Parking dates for the 2007 Summer Calendar. ACTION REQUESTED OF COUNCIL: Approve, approve with amendments the summer calendar for Ford Park paid parking dates for 2007. BACKGROUND RATIONALE: The 2007 Managed Parking Calendar Schedule for Ford Park is attached. This calendar has been compiled by the Ford Park User Committee. We are requesting your review and approval of the calendar for paid parking dates at Ford Park for the summer 2007 schedule. There are currently 37 days of paid parking requested as well as one managed parking date. This calendar is subject to change as more events are added to the various schedules of the user groups at Ford Park. RECOMMENDATION: Approve or approve with amendments, the summer calendar for Ford Park paid parking dates for 2007. B. Annual appointment of newspaper of record for Town of Vail publications and notices for 2007. ACTION REQUESTED OF COUNCIL: Appoint The Vail Daily as the newspaper of record for 2007 for the Town of Vail publications and notices. BACKGROUND RATIONALE: The town annually establishes a newspaper of record for all public notices. This year, we requested a bid from Eagle Summit Publishers, owner of all the newspapers in Eagle County, and requested a bid for The Uail Daily publications. The bid has been opened and the attached bid is the result of the bid proposal. The newspaper of record will be appointed at the evening meeting of December 19, 2006, at 6:00 p.m., or as soon thereafter as the matter can be heard. RECOMMENDATION: Appoint The Vail Daily as the newspaper of record for 2007. 4• ITEMlTOPIC: Town Manager's Report. (10 min.) ~,, • Timber Ridge. • Conference Center Fund. Attached is a memorandum from April 2006 detailing the groundwork that has been undertaken regarding reallocation of the Conference Center Fund, which now totals $8.2 million plus accrued interest. This work was suspended during the summer to enable the 20/20 strategic planning process to unfold. If Council is interested in pursuing an election in the fall of 2007, staff recommends the following: 1. Develop a time table for a November 2007 election. 2. Reaffirm and/or modify Council's previous criteria (outlined in the attached memo) for use of the funds. 3. Review proposed next steps from April 2006 memo and determine interest in authorizing a feasibility study for the potential "re-purposing" of Dobson Arena. 4. Provide research or analysis direction for other potential concepts. 5. Determine a structure for the evaluation process. Is there interest in forming a committee or review panel? 5. Judy Camp ITEM/TOPIC: SECOND READING OF ORDINANCE NO. 29, Series of 2006, AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HEAVY EQUIPMENT FUND, HEALTH INSURANCE FUND AND DISPATCH SERVICES FUND OF THE 2006 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE EXPENDITURES OF SAID APPROPRIATIONS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. (10 min.) ACTION REQUESTED OF COUNCIL: Approve or approve with amendments the second reading of Ordinance No. 29, Series of 2006. BACKGROUND RATIONALE: To be provided in a separate memo. STAFF RECOMMENDATION: Staff recommends that the Town Council approves or approves with amendments Ordinance No. 29, Series of 2006, upon second reading. 6. Matt Mire ITEM/TOPIC: Second reading of Ordinance No. 31, Series of 2006, An Ordinance Amending Section 2-6-9 of the Vail Town Code, Concerning use of the Real Estate Transfer Tax Fund, and Setting Forth Details in Regard Thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve second reading of Ordinance No. 31, Series of 2006. BACKGROUND RATIONALE: In an effort to be the premier mountain resort community, the Town has committed to provide its citizens and guests with "a superior level of environmentally sensitive services" in addition to "vision, leadership and stewardship in an environmentally responsible manner." To achieve the goals stated above and for the environmental sustainability of the Town of Vail and the Vail Valley, the Council has determined that certain text amendments are necessary to the Vail Town Code as they relate to the use of the Town of Vail Real Estate Transfer Tax Fund to include expenditures related to environmentally sustainable practices. STAFF RECOMMENDATION: Approve second reading of Ordinance No. 31, Series of 2006 until December 19, 2006. 7. George Ruther ITEMROPIC: Second Reading of Ordinance No. 33, Series of 2006, an ordinance amending Title 12, Zoning Regulations, Chapter 6, Residential Districts, Article E, Residential Cluster (RC) District, Vail Town Code, to add "professional office" and "business office" as conditional uses to the District, and amending Title 12, Zoning Regulations, Chapter 16, Conditional Use Permit, Vail Town Code to add use specific criteria and standards for business offices and professional offices, and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 33, Series of 2006 on second reading. BACKGROUND RATIONALE: On November 13, 2006, the Town of Vail Planning and Environmental Commission voted 5-0-0 to forward a recommendation of approval of the proposed text amendment to the Zoning Regulations to add "business office" and "professional office" as conditional uses to the Residential Cluster (RC) District. On December 5, 2006, the Vail Town Council approved Ordinance No. 33, Series of 2006, on first reading with no changes. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 33, Series of 2006, on second reading. 8. Malcolm Murray ITEM/TOPIC: Resolution No. 24, Series of 2006: Crossroads Reinvestment Plan. (10 min.) BACKGROUND: The Vail Reinvestment Authority is requesting that the Vail Town Council approve the Crossroads Reinvestment Plan (Attachment A in the PEC memo dated December 11, 2006) with the finding that it is consistent with findings outlined in the staff memo. The purpose of this plan is to facilitate the redevelopment of the Crossroads project by removing or curinq~ covenants that may impede redevelopment. On December 11 t the Town of Vail Planning and Environmental Commission voted 7-0 to recommend that the Crossroads Reinvestment Plan is consistent with the Vail Comprehensive Plan. ACTION REQUESTED OF COUNCIL: Staff recommends that the Vait Town Council approve the Crossroads Reinvestment Plan 9. Matt Mire ITEMlTOPIC: Discussion of Resolution Number 26, Series 2006. A resolution adopting by reference C.R.S. § 24-18-104, as applicable to public officers and employees, including independent contractors within the Town of Vail. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with amendments, or deny first reading of Resolution No. 26, Series of 2006. BACKGROUND: On November 7, 2006, the voters approved Amendment 41 on the statewide general election ballot for in the Charter. Amendment 41 adopts a new Article XXIX of the Colorado Constitution entitled "Ethics in Government," which article deals in detail with receipt of gifts and things of value by, and lobbying and ethical principles applicable to public officials. By its terms,, Amendment 41 applies to local government officials and employees, including those of the Town. Section 7 of Amendment 41 provides that home rule municipalities may act by charter, ordinance or resolution to adopt regulations on the subjects covered by Amendment 41, which regulations may be more or less stringent than those contained in Amendment 41. The Charter at Section 3.7 and the Town's Municipal Code at Section 1-5-7 presently address only conflicts of interest. Accordingly, this resolution, as permitted by Amendment 41, adopts regulations addressing the matters covered by Amendment 41. The proposed resolution adopts C.R.S. § 24-18-104, as such statute presently exists, as appropriate restrictions on the matters covered by Amendment 41. STAFF RECOMMENDATION: Approve, approve with amendments, or deny first reading of Resolution No. 26, Series of 2006. 10. ITEM/TOPIC: Adjournment. (7:25 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. TUESDAY, JANUARY 2, 2007, IN 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. MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: December 19, 2006 SUBJECT: A request for a work session to receive policy direction related to the Lionshead Redevelopment Master Plan's sections on employee housing in West Lionshead PURPOSE Vail Resorts is requesting a work session with the Town Council to present the proposed text amendments to the Lionshead Redevelopment Master Plan to include the areas described as "West Lionshead". The purpose of the meeting is to review the development concepts and future goals and objectives for the land area. On December 11, 2006, the Planning and Environmental Commission forwarded a recommendation of approval of the proposed amendments by a vote of 4-1-0 (Dewitt opposed). The initial concepts include, the addition of a skier gondola in the location of the old gas station site, the development of mixed use areas, including housing, retail, and office spaces, to create a new portal to the mountain with all the typical skier services, and the possible relocation of the South Frontage Road. Staff has attached the memorandum to the Planning and Environmental Commission dated December 11, 2006, which includes the proposed language for the amendment to the Lionshead Redevelopment Master Plan in Section II of the memorandum. The .proposed amendments are indicated in bold (additions) and °+~"'^ *"~^~ ~^" (deletions). ACTION REQUESTED OF COUNCIL Staff is seeking feedback from the Vail Town Council regarding whether the proposed amendments to the Lionshead Redevelopment Master Plan are consistent with the Council's and Town's expectations for this area, prior to drafting an amending resolution. Staff will provide a brief presentation of what has been accomplished in the joint meetings between Vail Resorts, Town Staff, select Council and Planning and Environmental Commission members, and the public thus far. III. NEXT STEPS It is anticipated that the following steps would be taken when it has been determined that the proposed amendments are believed to be consistent with Council's and Town's expectations for the West Lionshead area. • A Resolution to adopt the proposed text amendments to the Lionshead Redevelopment Master Plan will be prepared and submitted for adoption by the Town Council. This will include not only the text, but revisions to Maps A-W of the Lionshead Redevelopment Master Plan. Subsequent to adoption of a Resolution it is anticipated that a conditional use permit would be submitted by Vail Resorts to develop a ski lift on the former gas station site. It would be expected that in conjunction with the request for a conditional use permit aretail/commercial and office study would be provided which would analyze the ideal quantity and suitability of these land uses in West Lionshead in conjunction with a new lift and residential development. It is also expected that a preliminary design and location for the parking structure necessary to accompany the proposed ski lift would be provided and approved, with greater levels of detail on the parking structure to be a conditional of approval of the conditional use. At some point in the future a request for a rezoning of the Cascade Crossing and Vail Professional Building sites .would be submitted requesting a rezoning to Lionshead Mixed-Use 1 or 2 District. IV. STAFF RECOMMENDATION No formal recommendation is required at this time. V. ATTACHMENTS A. Memorandum to the Planning and Environmental Commission dated December 11, 2006. 2 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: December 11, 2006 SUBJECT: A request for a final recommendation of a proposed amendment to the Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to amend the Lionshead Study Area Boundaries, and Chapter 5, Detailed Plan Recommendations, to include the study "West Lionshead" area, generally located at 646, 862, 890, 923, 934, 953, 1000, and 1031 South Frontage Road West/Lot 54 and Tract K of Glen Lyon Subdivision, Tracts C and D, Vail Village Filing 2, and several unplatted parcels (a more complete legal description is available at the Community Development Department), and setting forth details in regard thereto. (PEC06-0008} Applicant: Vail Resorts Development Company, Town of Vail, and Glen Lyon Office Building General Partnership Planner: Warren Campbell I. SUMMARY The applicants, Vail Resorts Development Company and the Town of Vail are requesting a final recommendation of a proposed amendment to the Lionshead Redevelopment Master Plan, pursuant fo Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to amend the Lionshead Study Area Boundaries, and Chapter 5, Detailed Plan Recommendations, to include the study "West Lionshead" area, generally located at 646, 862, 890, 923, 934, 953, and 1031 South Frontage Road West/Tract K of Glen Lyon Subdivision, Tracts C and D, Vail Village Filing 2, and several unplatted parcels (a more complete legal description is available at the Community Development Department); and to amend the text of several chapters of the Master Plan, Chapter 4, Master Plan Recommendations, and Chapter 5, Detailed Plan Recommendations, of the Plan to include detailed recommendations for the subject parcels. Since the November 27, 2006, hearing the Glen Lyon Office Building ,General Partnership has withdrawn from the application. An additional purpose of the amendment is to adopt detailed plan recommendations for the properties. The purpose of the amendment is NOT to amend or otherwise alter the overall goals, objectives and policies stated in the Master Plan. This amendment is being proposed and shall be considered in accordance with Section 2.8 Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan. Vail Town Council Attachment: A Based upon Staff's review of the criteria outlined in Section Vli of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Commission forward a recommendation of approval, with conditions, to the Town Council regarding the proposed amendments to the Lionshead Redevelopment Master Plan. 11. DESCRIPTION OF THE REQUEST The applicants, Vail Resorts Development Company and the Town of Vail, are requesting a final recommendation of proposed amendments to the Lionshead Redevelopment Master Plan to the Town Council. The proposed amendments involve changing the boundaries of the study area of the Plan to include the multiple parcels to the west of the existing study area commonly known as "West Lionshead", generally located at 646, 862, 890, 923, 934, 953, and 1031 South Frontage Road West/Tract K of Glen Lyon Subdivision, Tracts C and D, Vail Village Filing 2, and one unplatted parcels. A map of the area to be added to the Lionshead Redevelopment Master Plan study boundary, "West Lionshead" (Attachment A) has been attached for reference. In addition to amending the study area boundary to include West Lionshead there are proposed amendments to the Plan within Chapter 4, Master Plan Recommendations, and Chapter 5, Detailed Plan Recommendations, which include more detailed recommendations for the subject parcels. The proposed amendments to the text are included at the end of this section of the memorandum. The proposed amendments have been prompted by recent changes to the existing conditions within the West Lionshead area. Vail Resorts has purchased three parcels of land which together have created opportunities for redevelopment that were not possible during the preparation of the Lionshead Redevelopment Master Plan. .The primary opportunity is the creation of a new portal to Vail Mountain from West Lionshead via a new gondola. Finally, the Town has identified three- additional parcels of land which should be incorporated into the Plan in the process, as the current text of the Lionshead Redevelopment Master Plan discuss potential future uses that impact the parcels, however, they are not included in the study area boundaries. Several of the parcels included in the West Lionshead area are currently within the existing study area boundary. Those properties include Vail Resort's Maintenance site, the Holy Cross site, the Eagle River Water and Sanitation District site, and the former BP/Amoco gas station site. The properties not currently included in the existing study area are. the Vail Professional Building site, the Cascade Crossing site, a portion of the Town-owned stream tract and one Town-owned unplatted parcels located to the south of Gore Creek and Tract K of the Glen Lyon Subdivision. The purpose of the proposed amendments is to include the referenced West Lionshead area into the study area prescribed by the Lionshead Redevelopment Master Plan and to adopt detail plan recommendations for the properties. The 2 purpose of the amendment is NOT to amend or otherwise alter the overall goals, objectives and policies stated in the Master Plan. The proposed amendments are indicated in bold (additions) and s#fil~;-t#~eeg# (deletions) as follows: Chapter 4, Master Plan Recommendations -Overall Study Area This section of the master plan addresses issues that affect Lionshead as a whole. These issues -and recommendations to address them -should be considered in all planning and policy decisions as Lionshead redevelops. 4.1 Underlying Physical Framework of Lionshead The Lionshead resort area (that portion of the study area north of Gore Creek) is a mixed-use urban environment with several discernible land- use sub-areas, or "hubs" (see Map N). Although the hubs overlap somewhat, there is no consistent and comprehensive pedestrian connection between them. The primary goal of the master plan is to create a visually interesting and functionally efficient pedestrian environment that connects the hubs to create a cohesive and memorable resort environment. 4.1.5 West Lionshead -Residential/Mixed-Use Hub The western end of Lionshead, currently undeveloped, is home to parking lots, the Vail Associates service yard, the Vail sanitation plant, the old town shops, a former gas station, the Vail Professional Building, Cascade Crossing, Tract K of the Glen Lyon Subdivision, a portion of stream tract, and two unplatted parcels adjacent to Tract K to the south of Gore Creek. This area of Lionshead is generally under utilized and from an aesthetic standpoint is not in keeping with what the Town would like fo see Lionshead become as it redevelops in the coming years. The Town of Vail does place a high value on maintaining the office and retail areas in West Lionshead and any redevelopment should not diminish the square footage of existing office and retail square footage in West Lionshead. With their recent acquisition of additional properties in this area, Vail Resorts has the opportunity to bring lift service to this part of Lionshead. Lift service brings with it great potential for the re-development of this area and in doing so expand all of Lionshead to the west with improved pedestrian connections, new retail and ofifice activity and other improvements. While lift access will certainly energize this area during the winter months, attention should be given to creating ayear--round attraction within this area of Lionshead (see detailed plan recommendations in Chapter 5) blses 3 The master plan recommends that this hub become aresidential/ mixed use area with an emphasis on meeting the needs of both the local community and our guests. Appropriate uses could include high density readestate residential development, lodging, community and visitor based office and retail space,. employee housing and parking, bus or transit functions and a ski lift connection to Vail Mountain. The catalyst for this mixed use hub is ski lift access to Vail Mountain. area- Consideration should be given to integrating employee housing into the redevelopment of West Lionshead in accordance with the Town's employee housing policies and regulations. To the extent possible development patterns in this area should reflect north-south orientation of buildings, visual penetrations to the mountain, and a pedestrian oriented environment. The degree of north-south building orientation may be difficult given the relatively narrow east-west orientation of this area. In addition, the introduction of ski lift access in this location creates a #~here--is--tlis epi#y catalyst for an ~et~d structured public parking facility. All service and delivery demands created by development in this area shall be accommodated on-site. The site will continue to accommodate the existing and potentially expanded functions of the Vail sanitation plant. The mountain service yard will could be reduced in size, as some functions can be moved to less central locations. It may also be possib/e to relocate the entire mountain service yard to a new location in the West Lionshead area which would allow for greater flexibility in the redevelopment of this site. However as the area develops it is critical that new uses be connected to the primary pedestrian corridors and that they be served by the Town of Vail in-town transit system. 4.5 Public Transportation An efficient transit system is critical to the character and environmental quality of any pedestrian-oriented resort. Goals identified by the master plan regarding transit include: 4.5.1 Connection to West Lionshead West Lionshead consists of the West Day Lot, fhe Vail Associates service center, the sanitation plant, aad the Holy Cross lot, the former gas station site, the Vail Professional Building, Cascade Crossing, Tract K of the Glen Lyon Subdivision, the Town owned Gore Creek stream tract, and two Town owned unplatted parcels to the south of Gore Creek. Because it is an area of potentially significant growth, it is important that it be fully 4 integrated into the Town of Vail ~r-tewp transit system. The West Lionshead properties are at the outside edge of the acceptable walking distance to the ski yard (1200 feet). ' , #~-t#is-,arm With a mixed use development in the area which integrates a ski portal, retail space, office space and residential development, transit service to this area and interconnections to other portals will be critical to develop in the future. In addition, the update of the Vail Transportation Master Plan shall provide direction on the ultimate location of a Lionshead Transit Facility along with needed interconnections between ski portals, regional transit stops, and other transportation modes. The addition of a ski lift in this area would make this area more viable to redevelopment as it would be within the acceptable walking distance of a lift (7, 200 feet). 4.5.2 Maximum Efficiency and Utilization The following recommendations are made to enhance the efficiency and functionality of the Lionshead transit connections in anticipation of future redevelopment in the area: 4.5.2.1 Relocate the Regional Transit Stop It is recommended that the Lionshead regional transit stop, currently located at the Lionshead Place cul-de-sac, be relocated to the proposed north day lot transportation center. This will provide a Lionshead connection between the regional transit system and the Town of Vail transit system. In addition, visitors and employees coming to Lionshead by regional bus will arrive at a defined portal instead of the current "back door" on Lionshead Place. Finally, this will remove the large regional buses from West Lionshead Circle and Lionshead Place. It may be possible to locate elements of a regional transit stop in the West Lionshead area in conjunction with a new ski lift and parking facility. However, given its location on the periphery of Lionshead, this area may not be the most viable location for a regional transit stop. Notwithstanding the above, facilities for skier drop-ofif, private shuttle vans and Town of Vail in-town buses should be included in the design of the ski lift and parking facility. In 2006, the Town of Vail initiated an update of the Vail Transportation Master Plan. In addition, the Town initiated a development competition for the Lionshead Parking Structure redevelopment, which would include a transit facility. It is anticipated that the Transportation Master Plan update along with the conclusion of the Lionshead Parking Structure redevelopment process will provide direction on the ultimate location for a Lionshead Transit 5 Facility and/or the type of transit facilities that may be necessary in West Lionshead. 4.6 Vehicular and Pedestrian Circulation 4.6.1 Interstate Highway 70 I-70 is the primary vehicular circulation corridor for the Vail Valley and is critically important to the economic health of the Vail community. It does, however, create both a visual and physical division between the south and north sides of Vail, as well as consuming a significant amount of land. As Vail continues to grow over time it is strongly recommended that the ideas of potentially burying or bridging I-70 through the Town of Vail be studied and the potential benefits and impacts considered. Specifically, consideration should be given to securing the air-rights over I-70 so that future development and circulation scenarios are not precluded. 4.6.2 South Frontage Road Recommendations outlined below address potential re-alignment of portions of the frontage .road, ingress and egress improvements, bicycle/ pedestrian improvements, and visual improvements. For a detailed discussion of capacity and the impacts of future development on the frontage road, see the .traffic impact study contained in appendix A. Figure 4-9 depicts potential redevelopment without the realignment of the Frontage Road while Figure 4-9a depicts redevelopment with a partial realignment of the Frontage Road. 4.6.2.1 Potential Realignment The concept of realigning the South Frontage Road at the western end of the study area grew out of public discussions about land development and traffic flow in West Lionshead. Relative to traffic flow, realignment will remove the conflict that now exists between through- traffic and mountain service vehic%s (snow-cats and snowmobiles) entering and exiting the Vail Associates service yard. Realignment will position the road to the north of most new development, thus reducing the potential for conflicting turning movements. Regarding future land use, the realignment of South Frontage Road will allow the west day lot and the service yard to be combined into a contiguous development parcel. This is an important consideration for the development conceptually depicted in figure 4-ga, and it would be necessary if the service yard property is used for a secondary ~ewp--of-waif-public parking &~e facility or other uses. Any existing parking on the West 6 Day Lot must be replaced within the Lionshead study area. Through the Transportation Master Plan update it is anticipated that a signifrcant tratrfic control device will need to be installed in the West Lionshead area. Such a device may include a round about Specific considerations regarding realignment are. a. Proposed Alignment The proposed realignment of the South Frontage Road is depicted in figure 4-9a. Critical design issues include the width of the road and the radius of the curves. Both of these factors will be important in reducing the speed of vehicles entering the Lionshead area and the amount of land consumed by the two curved road sections. Cooperation between property owners, developers, the Town of Vail, and the Colorado Departmetn of Transportation will be necessary to implement the realignment of the Frontage Road. NOTE: Staff has attached the proposed figures for review at the end of the memorandum (Attachments B and C). b. West Lionshead Circle Connection It is proposed that West Lionshead Circle connect back to the frontage road at the west side of the Vail Spa. The alignment depicted in figure 4-9a terminates perpendicular to the frontage road and does not require the acquisition of private property. Anew parcel of developable land, suitable for offices or non- resort retail, would be created on the southeast corner of this intersection. c. Forest Road Connection Forest Road could be realigned to cross through the newly created development parcel, providing access to that site and connecting at right angles to the frontage road. Another alternative that should be considered is to connect Forest Road to West Lionshead Circle via the existing Frontage Road right-of-way. d. Transit and Emergency Vehicle Corridor A transit and emergency vehicle corridor should remain in the existing alignment of the frontage road. This connection is necessary to provide a through- 7 transit route to the west end of Lionshead and also keeps in place the existing utility corridor. e. Feasibility of Realignment The ability to realign the frontage road will be heavily influenced by costs, CDOT (Colorado Department of Transportation), and the Federal highway administration. Future west Lionshead developments will require significant upgrades and widening of South Frontage Road, potentially including the widening or reconstruction of the bridge over Red Sandstone Creek. The cost of realigning the frontage road is in addition to the mandatory costs of improving the road. main . f. Future Frontage Road Re-alignment The opportunity may exist to re-locate the Frontage Road the full length of the West Lionshead planning area. The benefit of this alternative would be to eliminate the "Frontage Road barrier" between the Holy Cross site and the Vail Professional .Building. While this alternative would require coordination with other surrounding land owners, it could warranf further study and evaluation in the future. 4.6.7 Simba Run Underpass Currently the Town of Vail has only two north/south access points between the North Frontage Road and South Frontage Road between Main Vail and West Vail. It has been contemplated that an additional north/south connection . be established west of Cascade Crossing. The potential need for this underpass may be accelerated as a result of the Town's redevelopment plans for Timber Ridge, West Vai/ and West Lionshead. The redevelopment of the West Lionshead area should be done in a manner that encourages this new connection to be established in the future. It is recommended that the proposed amendments to the Vail Transportation Master Plan provide direction on when public improvements on the Frontage Road need to occur and how they are paid for between public and private funds. The current boundaries of the Lionshead Urban Renewal Authority should be amended to include the location of the Simba Run underpass. 4.8 Parking 4.8.3 Public Parking 4.8.3.3 Potential New Parking -Sites To respond to the projected parking demand increase discussed in the traffic study, it is strongly recommended that al/ town-wide parking opportunities be examined or re-examined prior to any final planning or parking construction. Specific public parking opportunities in Lionshead include: a. Lionshead Parking Structure The existing Lionshead parking structure is a logical location for expanded public parking because it is already owned by the Town of Vail. Also, the structure is conveniently located between the proposed civic center on the east and the main portal to the Lionshead pedestrian mall on the west. No other location offers visitors such ease of access. A self-ventilating split deck structure, the garage has six half decks, each holding approximately 200 vehicles (1, 200 spaces in total). The addition of one complete level would increase the structure by 400 spaces, two complete new levels by 800 spaces. Snow removal is an issue in the addition of new decks. The top deck of the structure is cleared manually with front-end loaders. Additional decks will make it impossible to continue this method, as the internal dimensions of the structure will not accommodate front- end loaders. In addition, the construction of a new delivery staging area on the west end of the structure will remove the snow storage area presently used. Alternatives include heating the upper deck, providing for 9 an alternate snow removal access road to the upper deck, and construction of a roof over the entire structure. Public input during the master plan process has indicated the importance of the eastward view, across the top of the parking structure, toward the Vail Village as motorists travel east along the South Frontage Road and I-70. Future expansion plans of the Lionshead parking structure should consider the potential impacts expansion could have on this view plane. Also an issue is the necessary structural reinforcement of the existing facility to support the weight of additional decks. b. West Lionshead The construction of a sesepe~ new public parking s#~stt~re facility at the west end of Lionshead has been a planning consideration since the comp/etion of the Vail Transportation Master plan in 1991. This site is currently undeveloped (except for the Vail Associates maintenance yard) and is large enough to meet projected parking demand. It is well located in relation to the potential new eastbound I-70 access ramps. The viability of a new public parking facility in this location would be enhanced by bringing lift service to this area. The construction of a new public parking facilify would address the existing deficiency of off-street parking on peak days and the shifting demand of parking created by the introduction of a new ski lift in West Lionshead. It is anticipated That the new public parking structure would contain a approximately 400 public parking spaces, which would be in excess of any parking requirements generated by proposed development. The update of the Vail Transportation Plan should provide final direction on the location and quantity of additional public parking spaces in the Town of Vail. The location of additional public parking should consider where parking is most optimal for both guests and employees, year round utilization, mountain operations, and overall traffic circulation. Rete~ial 10 en-#lae Site. Sipe: ~venier~ee. Given the his location for a this mayex parking ~~e facility, it .had been assumed that a~rst-klave regular transit or shuttle service would be necessary because of its distance from the retail core area and the ski yard (greater than a 9200-foot walking radius). However, the location of the parking structure would be proximate to the new lift and as such 11 the need for regular shuffle service would be minimized. However, some provisions for bus stops and/or a transit facility should be considered for the parking structure. 4.9 Housing 4.9.4 Potential Housing Sites Following are specific sites that have been identified as suitable for locals and employee housing (see Map VIA. 4.9.4.3 Vail Associates Service Yard and-fie Holy Cross Site, Vail Professional Building, Cascade Crossing and the former gas station site Any redevelopment of West Lionshead will need to conform to the Town's housing policies and requirements. In order to create activity and vibrancy in West Lionshead it may be appropriate to include some dispersed employee housing opportunities for permanent local- residents in proposed developments in the area consistent with these policies. The North Day lot is considered to be the preferred location for a significant housing project in Lionshead to replace the Sunbird afiordab/e housing project and provide housing for new employee generation. be-cer~sider~e~: 12 Density The site offers a unique opportunity to achieve significant density. While it is important that buildings here be visually consistent with the overall character of Lionshead, the desire to maximize the housing potential may make appropriate the following deviations from standard development .parameters. First, it may be appropriate to allow for a greater overall building height than is otherwise allowed under the Lionshead Architectural Design Guidelines. Any increase in building height will need to be reviewed on a case by case basis by the Town of Vail, and any eventual building height will still need to be visually appropriate for this location. Second, it is recommended that the standards for density (units per acre) be increased at this location to allow for a greater number of employee housing units. Third, it may be appropriate to reduce the parking requirements for employee housing at this location. 4.9.4.4 Red Sandstone Parking Area The parking lot and Town of Vail transit stop at the base of the Red Sandstone Elementary school were identified as a potential site for employee or locals housing because of its proximity to the elementary school, the 1-70 pedestrian overpass and the- transit stop. However, the access (vehicular and pedestrian), safety and functional programming needs of the elementary school must take priority in any potential housing development scenario. 4.9.4.5 Old Town Shops The Old Town Shops, located just west of the Vail sanitation plant, were identified as potential employee housing. locatipns during the master planning process. There are, however, other significant demands on this site, including potential expansion of the sanitation plant and the need for a new snowcat mountain access route from the Vail Associates service yard. In addition, the presence of the sanitation plant on one side and the existing gas station on the other reduces the desirability of this location for employee or locals housing. Chapter 5, Detailed Plan Recommendations This section of the Lionshead Master plan examines individual parcels and groups of parcels within the Lionshead study area, excluding the residential properties on the 13 south side of Gore Creek. The intent of this chapter -and the Master plan as a whole - is to identify important functional relationships and visual objectives within the district and to propose a framework for the long-term redeve/opmenf of Lionshead. The document does not intend to limit or eliminate ideas relating to specific parcels; any proposals consistent with this framework should be considered even if they are not anticipated in this document. The parcels addressed here are organized generally from east to west, starting with the civic hub on the eastern end of the parking structure.. 5.9 North Day Lot The north day lot should be developed as a community transportation center to consolidate skier drop-off, local and regional transit, local and regional private shuttles, and charter bus drop-off and pick-up (see figure 5-13): A below-grade service and delivery facility could be constructed underneath the transit facility. By relocating these functions from their existing locations to one easily accessible location, this would improve the quality of vehicular and pedestrian circulation in Lionshead and create a significant new pedestrian portal into the center of the Lionshead retail mall. Based upon the results of the traffic study (see appendix A), the conceptual program for this facility is as follows: a. Skier drop-off.• Nine spaces are recommended at a minimum, but more should be built if possible to accommodate other program elements. b. Town of Vail transit: Two bus spaces are recommended to accommodate the West Vail transit loop and the possibility for an eastbound in-town shuttle stop. c. Regional transit: One bus space is recommended d. Charter buses: Three to four bus spaces are recommended. e. Local and regional shuttles: Four shuttle van spaces are recommended at a minimum. A critical consideration in the planning and design of this facility will be its impact on the adjacent Landmark Tower and Townhomes and the Westwind. Depicted in figure 5-13a, a linear building is recommended at the southern edge of the site to screen the lower levels of the Landmark Tower from the transit center. This facility could house a bus shelter and waiting area, an information center, public restrooms, a small food and beverage operation, and an elevator core to the pedestrian mall /eve/ for ADA access needs. To the east, earthwork, landscaping, and/ or other screening measures should be considered to buffer the Westwind. A more comprehensive solution is to cover the facility with another level or two of development -perhaps for offices or employee housing - or with a roof. (Memorable European antecedents exist for grand, covered transportation centers.) Specifically, the design of the transportation center should address all impacts: visual, security, sound, and smell that may affect adjacent properties. Both the. Westwind and the Landmark should be closely involved in the transit center planning and design process. 14 Since the adoption of the Lionshead Master Redevelopment Plan, plans were developed to locate a Transit Center at the North Day Lot. Integrating the number of uses mentioned above and addressing the neighborhood concerns regarding a transit center prompted the Town of Vail to evaluate alternative locations for a transit center. Alternative locations include: West Lionshead Lionshead Parking Structure North Day Lot In 2006, the Town of Vail initiated an update of the Vail Transportation Master Plan. In addition, the Town initiated a development competition for the Lionshead Parking Structure which would include a transit facility. It is recommended that the update Transportation Master Plan update along with the conclusion of the Lionshead Parking Structure RFP process provide direction on the ultimate location for a Lionshead Transit Facility. 5.17 West Day Lot/ Vail Associates Service Yard/ Holy Cross Site/Gas Station Site /Nail Professional Building/ Cascade Crossing Planning for the western end of Lionshead must consider two different scenarios: the realignment of South Frontage Road and its retention in the existing alignment. While the introduction of lift service is viable in either of these Frontage Road alternatives, .site design will vary depending upon what happens to the Frontage Road alignment.. See Figures 4-9a, and 4-9b for the Frontage Road realignment alternatives. Notwithstanding these different Frontage Road scenarios there should be "no net loss" of existing retail or office square footage as a result of the redevelopment of these parcels. Higher densities and building heights maybe appropriate in this area, particularly to encourage the development of employee housing. However, any development must meet the overall character and visual intent of the master plan and be compatible with the adjacent existing development of the Marriott and the Vail Spa. As compared to a separate, free-standing portal, West Lionshead is considered a part of the greater Lionshead area. In order for this area to be successfu/, it is important to have a strong pedestrian connection .with the rest of Lionshead. A strong connection along the Gore Creek corridor already exists. Streetscape improvements along West. Lionshead Circle befween Concert Hall Plaza (currently the western end of Lionshead retail influence) and the Ritz-Carlton Residences will strengthen existing. conditions, and in doing so, improve the viability of mixed uses in West Lionshead. Improvements to street lighting, walking surfaces, seating areas and public art are just some examples of what could strengthen this 15 corridor and in doing so further integrate this area with the rest of Lionshead. The development of a strong pedestrian connection between the Lionshead Core area and the western side of Lionshead will encourage pedestrian activity in this area and in doing so will energize all of West Lionshead. During the winter months the ski lift and associated parking will generate significant pedestrian traffic and activity. However, consideration should be given to how West Lionshead can be an active and vibrant place year-round. This could be accomplished in any number of ways. For example, quality architecture and the creation of appealing outdoor spaces in and of itself will encourage people to visit this area. This could be reinforced by awell-crafted program of specialty retailers, offices, and restaurants. An active program of public art, residential units that are used for "artists in residence'; a culinary school, improved access to and utilization of Gore Creek or Red Sandstone Creek for fishing or other purposes or specific recreation features such as a climbing wall are just some examples of design elements or land uses that could create a catalyst for activity In conjunction with any application to development a new ski lift, aretail/commercial market study which analyzes the area for the appropriate amount of square footage of retaiUcommercial that should be included in the redevelopment of West Lionshead shall be provided. It is assumed that the development standards of Lionshead Mixed Use 7 or 2 will guide the design of redevelopment in this area. Notwithstanding the height allowances of these zone districts, building height and massing shall be responsive to the Gore Creek corridor, the Interstate, and how building massing transitions at the western end of Lionshead. Buildings at the westernmost end. of Wesf Lionshead shall gradually "step down" from the maximum allowable height limits of the Lionshead Mixed Use zone districts. Figure 5-25 provides a general depiction of how building height shall gradually lower at the western end of this study area. The intent of these height standards is that building height reduces by entire floor levels in the locations as generally depicted on Figure 5-25. Notwithstanding fhe height allowances depicted on Figure 5-25, buildings fronfing directly along Gore Creek and the western end of Lionshead shall express no more than three to four levels before "sfepping back" to faller building mass. On the Interstate side of this area building design shall be articulated to avoid large expanses of shear/unbroken wall planes. a. Retention of Existing Frontage Road Alignment if the Frontage Road remains in its current location the Maintenance Yard/Holy Cross parcels, fhe Vail Professional Building and /Cascade Crossing all remain viable development sites. The most viable site for a public parking facility would be the Maintenance Yard/Holy Cross parcels. While other lift locations are feasible, the old gas station site 16 is a viable location for a base terminal. This location would require a grade separated pedestrian crossing over the Frontage Road to the Maintenance Yard/Ho/y Cross parcels. A strong east-west oriented pedestrian corridor with ground floor retail uses would be necessary to create a strong connection between this area and the rest of Lionshead. Under this Frontage Road scenario the Vail Professional Building and Cascade Crossing could be developed as a contiguous parcel. It is assumed that these parcels would be re-zoned to Lionshead Mixed Use 1. The Holy Cross site and the Vail Professional Building both abut Red Sandstone Creek. Any redevelopment of these parcels should consider how the Creek can be enhanced and made an asset or amenity of this redevelopment area. b. Frontage Road Realignment behind the Maintenance Yard and Holv Cross site The greatest benefit of this realignment alternative is that it results in one very large and contiguous development parcel and in doing so integrates the Maintenance Yard/Holy Cross site with the West Day Lot by removal of the barrier created by the existing Frontage Road alignment. /f also creates the best pedestrian environment in creating an extension of the Lionshead Retail area in that it provides the potential to establish a convenient and desirable pedestrian connection to the rest of Lionshead. With this alternative the most viable site for a public parking facility would still be the Maintenance Yard/Holy Cross parcels. With the re-location of the Frontage Road lift access out of the old gas station .site would not require a grade separated pedestrian crossing to the Maintenance Yard/Holy Cross parcels. However, a grade separated crossing over the re-located Frontage Road would be needed to link the Holy Cross site with the Vail Professional Building. This alternative would also present the .opportunity for relocating and/or enhancing Red Sandstone Creek fo make it more accessible fo the community and an aesthetically pleasing water feature. One possibility may be to pond .the creek just south of the 1-70 corridor and diverting all or a portion of the flow underneath the new Frontage Road in order to bring "live water" through the western end of the Holy Cross site. Any modification or enhancement to the creek corridor would be subject to U.S. Army Corp of Engineers approval. A strong east-west oriented pedestrian corridor with ground floor retail uses would be necessary to create a strong connection between this area and the rest of Lionshead. 17 sl~i-trail: tA~ 5.18 Old Town Shops The old town shops site has had been targeted for a variety of uses throughout the master planning process, including employee housing, expansion of the Vail sanitation plant, and Vail Associates mountain services. These uses n~,~e were thought to be appropriate for the site, but it was recognized they were all axe not compatible. lxfxem . In 2003 the Eagle River Water and Sanitation District purchased the old town shops site.. The site was redeveloped with a surface parking lot. Additionally, in 2004 Vail Resorts constructed a bridge across the Gore Creek from this site to provide possible future mountain operations access to Vail Mountain. 5.20 Eagle River Water and Sanitation District While this parcel would certainly be a viable development site, the costs to relocate uses at this site, particularly the treatment facilities, are very significant. For this reason it is assumed that the treatment facilities will remain in their existing location. A viable alternative to relocating the entire building would be to relocate the District's offices and construct "air-rights" development above and around the Treatment facility. 18 5.21 Tract K, Glen Lyon Subdivision and Town Owned Stream Tract, and one Unplatted Parcel south of Gore Creek These town-owned parcels are located along and south of Gore Creek. While they are included in the Lionshead study area, no buildings ar "vertical" development is contemplated for these parcels. Potential mountain operations through these parcels during winter months should be considered to link West Lionshead with Vail Mountain. III. BACKGROUND On June 4, 1996, the Vail Town Council approved a request from Vail Associates to enter into a joint study and evaluation of the feasibility of a public/private partnership for the redevelopment of Lionshead, and thus initiated the creation of the Lionshead Redevelopment Master Plan. One of the first steps in the creation of the Master Plan was to evaluate and identify the boundaries of the area to be included in the Plan. The boundaries of the Plan were identified as Middle Creek on the east, the north side of the South Frontage Road right-of--way on the north, Red Sandstone Creek on the west, and the northerly edge of Forest Road on the south (with the exception of the residential development on Beaver Dam Circle and West Forest Road). On December 15, 1998, the Vail Town Council adopted the Lionshead Redevelopment Master Plan. A primary goal of the Master Plan was to establish two new zone districts, Lionshead Mixed Use 1 and 2, which further the goals, policies and objectives outlined in the Master Plan. During the month of July, 2005, Vail Resorts Development Company (VRDC) submitted an application to redevelop the West Day Lot with the Ritz Carlton Residences. In conjunction with that application was a proposal to locate a ski lift adjacent to the new structure. The Town recognized the potential impact of a new ski lift on the Town as a whole, the surrounding neighborhood, and the Lionshead Redevelopment Master Plan, and entered into discussions with the VRDC to remove the proposed ski lift from the Ritz Carlton Residences proposal. It was agreed that the appropriate method to review a potential new ski lift in the area was to pursue an amendment to the Lionshead Redevelopment Master Plan. It was also agreed that potential existed to incorporate several new parcels recently purchase by Vail Resorts into the Master Plan study area at the time of this amendment to the Plan. On November 10, 2005, the Lionshead Redevelopment Master Plan amendment committee assembled to provide input on a possible amendment to the Lionshead Redevelopment Master Plan held the first of many meetings to examine an amendment to the Lionshead Redevelopment Master Plan to incorporate the area to be known as "West Lionshead". Members of the committee include(d) representatives of Vail Resorts, Eagle River Water and Sanitation District, the Glen Lyon Office Building, The Town of Vail, and several community members. 19 On January 16, 2006, Vail Resorts Development Company, the Town of Vail, and the Glen Lyon Office Building General Partnership submitted an application to the Town of Vail Community Development Department proposing an amendment to the boundaries of the Lionshead Redevelopment Master Plan Study Area to include the "West Lionshead" area. On January 26, .2006, the applicants held an open house at the Vail Mountain Marriott for the community as a whole to discuss the proposal. Approximately fifty individuals discussed the potential problems and merits of the initial concept for the "West Lionshead" area. In general, the individuals in attendance were supportive of the inclusion of the "West Lionshead" area into the study boundaries. Concerns were primarily focused on the possible negative impact of creating a new portal to the mountain and the impact of new retail and office spaces on the existing Vail Village and Lionshead commercial cores. On February 13, 2006, the Planning and Environmental Commission held a work session regarding the proposed scenarios that would necessitate an amendment to the Lionshead Redevelopment Master Plan. At .that meeting a presentation was given regarding the changed conditions in the area and some proposed scenarios for relocating the South Frontage Road West and redeveloping the parcels included for inclusion in the Lionshead Redevelopment Master Plan were presented. No text amendments were proposed at this hearing. On March 2, 2006, the applicants met with the Lionshead Redevelopment Master Plan amendment committee and discussed the proposed text amendments with the group. The comments received at this meeting have been incorporated into the text found in Section V of this memorandum. On March 13, 2006, the Commission held a public hearing to discuss the proposed amendments to the Lionshead Redevelopment Master Plan: The comments were as follows: • Concern was expressed that the term "employee housing" had been stricken from several locations within the Master Plan recommendations for this area. It was suggested that there may be a way to intersperse employee housing through out the project. Employee housing could be free market deed restricted units, rental units, etc. Some members believed that including a large number of employee housing units in a ski- in ski-out project would be difficult and suggested that a pay in-lieu program would possibly satisfy the need for employee housing. • It was discussed whether or not the Timber Ridge redevelopment should be mentioned in the Master Plan. • The need for the Simba Run vehicular underpass was discussed. • A need for clarity on the number of parking spaces associated with the proposed new West Lionshead parking structure was discussed. • Discussed the need for an express bus between the major portals. • Discussed the need for viable skier drop-off within the proposal. • Concern about the correct retail mix to insure year-round viability. • Discussed taller building heights along the South Frontage Road and scale/step down to the Gore Creek. 20 Discussed the opportunity to separate elements of the ski schools to alleviate traffic congestion at Golden Peak. On October 9, 2006, the Commission held a public hearing to discuss the proposed amendments to the Lionshead Redevelopment Master Plan. The comments were as follows: • Questions were raised regarding employee housing on the Vail Resorts service yard and Holy Cross Lot. It was expressed that the language may be requiring the site to be the location of a greater number of employee/locals housing than would be required by any -Code requirement the Council may pass. • Stated that more of the employee housing language should remain within the text. Several Commission members believed a greater number of employee/locals housing should be incorporated into any redevelopment of the West Lionshead area. This would add to the viability of the new area. • Believed the east bound exit off I-70 was still a good idea and should remain within the Master Plan. • Concern over the continued expansion of the Master Plan and .the associated zoning further west. There was some concern expressed over the inclusion of the Glen Lyon Office Building and the Cascade development. • Concern was expressed that the expansion of retail/commercial in this area had not been proven to be successful • Concern about not having seen the traffic report/study the Public Works Department had been working on-from the main Vail exit to west Vail exit. On November 7, 2006, Staff went to the Town Council to address a concern expressed by the Commission regarding employee housing on the Holy Cross and Service Yard sites. The Commission has questioned the meaning of the existing language of Section 4.9.4.3 and Section 5.17, regarding housing on the Holy Cross and Service Yard sites. Several members of the Commission had indicated that it was their interpretation that the existing language identifying the sites as a "promising" location for "high density" housing eluded to the need for the property owner to not only to provide any employee housing required by Code but possibly more than was required. The Town Council was informed of this concern of the Commission and it was clarified by the Council and Town Attorney that in no circumstance could an owner/developer of private property be required to construct mare employee housing than required by Code for their development. On November 13, 2006, the Planning and Environmental Commission held a public hearing to discuss the proposed amendments to the Lionshead Redevelopment Master Plan. The comments were as follows: • The proposed language for the Simba Run underpass should "encourage" the construction of the connection of the Frontage Roads. • The proposed language should include greater description on how structures should "step-down" to the Gore Creek and western end of West Lionshead. 21 Several members expressed concern over the expansion of the Master Plan boundaries and zoning west of Red Sandstone Creek. On November 27, 2006, the Planning and Environmental Commission held a public hearing to discuss the proposed amendments to the Lionshead Redevelopment Master Plan. The Comments were as follows: • There was concern about the inclusion of the Glen Lyon Oftce Building, Cascade Crossing, and Vail Professional Office building sites within the boundaries of the Master Plan Study Area. • There was concern expressed about rezoning the properties west of Red Sandstone Creek to Lionshead Mixed-Use 1 or 2 and the heights that would be permitted. • There was a great deal of discussion regarding the phased realignment of the Frontage Road and understanding how that would occur in conjunction with redevelopment. IV. ROLES OF THE REVIEWING BOARDS Lionshead Redevelopment Master Plan Amendments Planning and Environmental Commission: Action: The Planning and Environmental Commission. is advisory to the Town Council. The Planning and Environmental Commission shall review the proposal and make a recommendation to the Town Council on the consistency of the proposed amendment with applicable review criteria and the policies, goals and objectives outlined in the Lionshead Redevelopment Master Plan and other applicable master plan documents. Design Review Board: Action: The Design Review Board has no review authority on Lionshead Redevelopment Master Plan amendments. Staff.• The staff is responsible for ensuring that all submittal requirements are provided. The staff advises the applicant as to consistency of the proposed amendment with applicable review criteria and the policies, goals and objectives outlined in the Lionshead Redevelopment Master Plan and other applicable master plan documents. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council.• Action: The Town Council is responsible for final approval/denial of a Lionshead Redevelopment Master Plan amendment. The Town Council shall review and approve the proposal based on the consistency of the proposed amendment with applicable review criteria and the policies, goals and objectives outlined in the Lionshead Redevelopment Master 22 Plan and other applicable master plan documents. V. APPLICABLE PLANNING DOCUMENTS This section of the memorandum contains portion of the Lionshead Redevelopment Master which are pertinent to the application and proposed to be amended. Lionshead Redevelopment Master Plan (in part) Chapter 2, Introduction 2.1 Purpose of the Master Plan "This master plan .was initiated by the Town of Vail to encourage redevelopment and new development initiatives in the Lionshead study area. Both public and private interests have recognized that Lionshead today lacks the economic vitality of Vail and fails to offer a world class .resort experience. Lionshead's economic potential has been inhibited by a number of recurrent themes: • Lack of growth in accommodation units ("hot beds'; • Poor retail quality; • Deterioration of existing buildings; • Uninteresting and disconnected pedestrian environment; • Mediocre architectural character; and the • Absence of incentives for redevelopment. This master is a comprehensive guide for property owners proposing to undertake development or redevelopment of their properties and the municipal officials responsible for planning public improvements. The plan outlines the Town's objectives and goals for the enhancement of Lionshead and proposes recommendation, incentives, and requirements for redevelopment and new development " 2.2 Definition of a Master Plan In the development of the Lionshead Master Plan, the following definition has been used as the basis for this work: A master plan is a guide, a flexible framework for future action. It articulates a community's fundamental land use policies, principles, and goals in a broad and general way. It plans for the future physical development or redevelopment of an area of the community, including its functional and circulation systems and its public facilities. The land use policies in a master plan are generally implemented through zoning ordinances. Existing zoning and land use codes 23 maybe modified and new provisions enacted in order to conform to the master plan and carry out the plan's objectives. A master plan does not convey approval for particular development proposals,or concepts, nor can it be implemented in a short time frame. After adoption of the Lionshead Master Plan, every development proposal will have to go through the applicable development review and approval process, with its attendant public notices and public hearings. A proposal's adherence to the policies contained in the adopted master plan will be one of the factors analyzed by staff, the Planning' and Environmental Commission (PEC), the Design Review Board (DRB), and the Town Council (as applicable) in determining whether to approve or disapprove the specific proposal. 2.3 Policy Objectives The Town Council adopted six policy objectives on November 4, 1996 to outline the important issues to be addressed in the master plan and to provide a policy framework for the master planning process. 2.3.9 Renewal and Redevelopment Lionshead can and should be renewed and redeveloped to become a warmer, more vibrant environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. 2.3.2 Vitality and Amenities We must seize the opportunity to enhance guest experience and community interaction through expanded and additional activities and amenities such as performing arts venues, conference facilities, ice rinks, streetscape, parks and other recreational improvements. 2.3.3 Stronger Economic Base Through Increased Live Beds In order to enhance the vitality and viability of Vail, renewal and redevelopment in Lionshead must promote improved occupancy rates and the creation of additional bed base ("live beds" or "warm beds') through new lodging products. 2.3.4 Improved Access and Circulation The flow of pedestrian, vehicular, bicycle and mass transit traffic must be improved within and through Lionshead. 24 2.3.5 Improved Infrastructure The infrastructure of Lionshead (streets, walkways, transportation systems, parking, utilities, loading and delivery systems, snow removal and storage capacity) and its public and private services must be upgraded to support redevelopment and revitalization efforts and to meet the service expectations of our guests and residents. 2.3.6 Creative Financing for Enhanced Private Profits and Public Revenues Financially creative and fiscally realistic strategies must be identified so that adequate capital maybe raised from all possible sources to fund desired private and public improvements. VI. LAND USE ANALYSIS Zoning and Land Use Designation Analysis Parcel Existing Potential New Existing Potential New Master Zoning Zoning Land Use Land Use Plan Study Designation Designation Area Status Vail Resorts Lionshead Community Lionshead Maintenance Mixed Use-2 LMU-1 or 2 Office Redevelopment Included Facility (LMU-2) Master Plan Holy Cross Site LMU-2 LMU-1 or 2 .Community Office Lionshead Redevelopment Included Master Plan Gas Station Site LMU-2 LMU-1 or 2 Community Lionshead Redevelopment Included Office Master Ptan Eagle River Water and Sanitation General Use General Use Community Lionshead Redevelopment Included District or LMU-1 or 2 Office Master Plan Vail Professional Arterial Community Lionshead Building Business LMU-1 or 2 Office Redevelopment Proposed Master Plan Cascade Crossing Arterial gusiness LMU-1 or 2 Community Office Lionshead Redevelopment Proposed Master Plan Tract K, Glen Lionshead Lyon Subdivision SDD No. 4 No Change Open Space Redevelopment Proposed Master Plan 25 Outdoor Recreation Town Owned (OR) and Lionshead Unplatted Parcels Natural Area No Change Open Space Redevelopment Proposed Preservation Master Ptan NAPD Lionshead Stream Tract NAPD No Change Open Space Redevelopment Proposed Master Plan Development Statistics Existing Existing Existing Potential Potential Potential Parcel/Size Zoning height Maximum New height Maximum limits Density Zoning limits Density Vail Resorts Maintenance LMU-2 Max 82.5' .124 DUs, 386 595 sf No No No Facility/3.55 Avg. 71' , GRFA Change Change Change acres Holy Cross LMU-2 Max 82.5' 35 DUs, 108 900 sf No No No Site/1.24 acres Avg. 71' , GRFA Change Change Change Gas Station LMU-2 Max 82.5' 32 DUs, 54 450 sf No No No Site/0.94 acres Avg. 71' , GRFA Change Change Change Eagle River Water and Sanitation General Use Prescribed Prescribed by LMU-1 or Max 82 5 65 DUs, 163 350 sf District/1.88 by the PEC the PEC LMU-2 . Avg. 71' , GRFA acres Vail Professional Arterial Max 40' Type III EHUs Conditional LMU-1 or Max 31 DUs, Building/0.89 Business 70% at 32' Use 23 261 sf LMU-2 82.5' 96,921 sf acres or less , , GRFA Avg. 71' GRFA Cascade Crossing/1 02 Arterial Max 40' 70% at 32' Type III EHUs Conditional LMU-1 or Max 35 DUs, . acres Business or less Use, 23,261 sf LMU-2 82.5 Avg. 71' 98,010 sf GRFA GRFA Tract K, Glen SDD No. 4 Per the Approved No DUs, No SDD No. No No Lyon Subdivision Plan GRFA 4 Change Change Outdoor Outdoor Town Owned Recreation Max 24' in Not applicable Recreatio nand Unplatted Parcels (OR) and OR, Not in either Natural No No (~O) Natural Area Applicable zoning Change Change Preservation in NAPD districts (NAPD) Preservat ion 26 Natural Stream Tract NAPD Not Not Applicable Area No No Applicable Preservat Change Change ion VII. CRITERIA FOR REVIEW OF PROPOSED MASTER PLAN AMENDMENTS The applicants are proposing to amend both the Lionshead Redevelopment Master Plan maps (Maps A-W), Chapter 4, Recommendations Overall Study Area, and Chapter 5, Detailed Plan Recommendations of the Plan, to include detailed recommendations for development within the "West Lionshead" area. Amendments to the Lionshead Redevelopment Master Plan require a public hearing review process as outlined in Section 12-3-6 of the Town Code. If approved, amendments are adopted by resolution by the Vail Town Council. According to the Lionshead Redevelopment Master Plan, amendments. to the Master Plan must address the following review criteria: How have conditions changed since the plan was adopted? The Lionshead Redevelopment Master Plan was adopted in December of 1998. The study area, as currently defined in the Master Plan is generally defined by the following features: • On the north by I-70 • On the east by Middle Creek (west of the Vail Valley Medical Center) • On the south by the Town of Vail boundary (south of Forest Road, not including single-family lots) • On the west by Red Sandstone Creek (east of the Glen Lyon Office Building.) The conditions of properties currently within the Lionshead study boundaries and those proposed for inclusion have changed quite substantially since the adoption of the Lionshead Redevelopment Master Plan. Changes in ownership have occurred as a result of Vail Resorts Development Company's purchase of the gas station site, the Vail Professional Building, and the Cascade Crossing. This change of property ownership has increased the opportunities for coordinated redevelopment of the area. The possibility of a ski lift, the construction of a bridge substantial enough to support the weight of snow cats adjacent to the Eagle River Sanitation Plant, and the possibility for a greater realignment of the South Frontage Road behind the Vail Professional Building and Cascade Crossing are a few of the examples of changes that have occurred in the area since the original draft of the plan occurred. How is the plan in error? The Lionshead Redevelopment Master Plan may be in error in this situation. The error results from omission of the Vail Professional Building, Cascade Crossing, Tract K, and the Town owned unplatted parcels from the initial study boundary. The parcels proposed for inclusion into the study boundary adjoin the west side 27 of the western boundary of the Lionshead Redevelopment Master Plan study area, and are a logical continuation of the Master Plan to the extent that no further development occurs before Cascade Village. The existing boundary is the physical boundary of Red Sandstone Creek. In addition, the Master Plan identifies as a goal the removal of snow-cats from West Forrest Road and the gaining of access across Tract K of the Glen Lyon Subdivision, however, Tract K and the stream tract were not included within the boundaries of the Master Plan. The logic of comprehensive Master Planning dictates that the study area to the west should include the remaining parcels. How would an addition, deletion, or change to the plan be in concert with the plan in general? The Vail Land Use Plan designates the Vail Professional Building and Cascade Crossing as "Community Office" which is consistent with the designation for the gas station site, Holy Cross site, and Vail Maintenance site prior to inclusion in the Lionshead Redevelopment Master Plan. The Vail Land Use Plan defines "Community Office" as: "This area is designed to meet consumer demands from community residents. Primary uses would include supermarkets, dry cleaning establishments, hardware stores, service stations, financial institutions, and medical offices. The design of these facilities would be oriented to vehicular access and parking." As this designation is consistent with the Vail Land Use Plan designations for the western portion of Lionshead, staff believes that the addition of the new parcels previously identified site within the Lionshead Redevelopment Plan is compatible with the Vail Land Use Plan. The Lionshead Redevelopment Master Plan has identified the following policy objectives which staff believes are applicable to this application: 2.3.1 Renewal and Redevelopment Lionshead can and should be renewed and redeveloped to become a warmer, more vibrant environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. 2.3.2 Vitality and Amenities We must seize the opportunity to enhance guest experience and community interaction through expanded and additional activities and amenities such as performing arts venues, conference facilities, ice rinks, streetscape, parks and other recreational improvements. 2.3.3 Stronger Economic Base Through Increased Live Beds 28 In order to enhance the vitality and viability of Vail, renewal and redevelopment in Lionshead must promote improved occupancy rates and the creation of additional bed base ("live beds" or "warm beds') through new lodging products. 2.3.4 Improved Access and Circulation The flow of pedestrian, vehicular, bicycle and mass transit traffic must be improved within and through Lionshead. 2.3.5 Improved Infrastructure The infrastructure of Lionshead (streets, walkways, transportation systems, parking, utilities, loading and delivery systems, snow removal and storage capacity) and its public and private services must be upgraded to support redevelopment and revitalization efforts and to meet the service expectations of our guests and residents. 2.3.5 Creative Financing for Enhanced Private ProFts and Public Revenues Financially creative and fiscally realistic strategies must be identified so that adequate capital maybe raised from all possible sources to fund desired private and public improvements. Staff believes that amending the boundaries of the Lionshead Redevelopment Master Plan study area to include .the Vail Professional Building, Cascade Crossing, Tract K, and the Town owned unplatted parcels into the Lionshead Redevelopment Master Plan is in concert with the policy objectives of the Plan. VIII. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval, with conditions, to the Vail Town Council of a proposed amendment to the Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to amend the Lionshead Study Area Boundaries, and Chapter 5, Detailed .Plan Recommendations, to include the study "West Lionshead" area, generally located at 646, 862, 890, 923, 934, 953, and 1031 South Frontage Road West/Tract K of Glen Lyon Subdivision, Tracts C and D, Vail Village Filing 2, and several unplatted parcels (a more complete legal description is available at the Community Development Department. Staff's recommendation is based upon a review of the criteria and findings as outlined in this memorandum and from the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval, with conditions, of the applicants' request, staff recommends that the following conditions be made as part of the motion: 29 1. The applicant shall. have. revised copies of the Lionshead Redevelopment Master Plan supplemental Maps A through W addressing all changes created by the text amendment prior to being scheduled for reading of a Resolution to adopt the changes to the Master Plan. Should the Planning and Environmental Commission choose to forward a recommendation of approval, with conditions of the applicants' request, staff recommends that the following finding be made as part of the motion: "The Commission finds that the proposed text and map amendments to the Lionshead Redevelopment Master Plan comply with the review criteria outlined in Section Vll of the memorandum to the .Planning and Environmental Commission, dated December 11, 2006, and that the amendments, as proposed, further the goals, objectives and policies, as stated in Chapter 2 of the Lionshead Redevelopment Master Plan. " IX. ATTACHMNENTS A. Map of area proposed for inclusion in the Lionshead Redevelopment Master Plan with this amendment B. Proposed Figure 4-9 C. Proposed Figure 4-9a D. Proposed Figure 5-25 30 W ~` V 6S W C.m 6 CS G& m B¢6 4J ~ V x ;~ ~~ 3' ~D s • ~ • _ ''~~t} 1 ,,,-. ,~ ~~~ ~ ~ _ ,. - TP / _ N ~ „ P" / / ~~ " 1, ; / a `r l . . ~ ~.) )' ; _ 1 e PARCELS CURRENCY WITHIN EXISTING LIONSHEAD STUDYAREA ri x 9 ; t Feat o no wo ~ ~ ~~~ a r<t °' d ` •~ ~ ~F ~ ' /- _I ~, ~i. This map was created by the Town of Vail GIS Department. Use of this map shoWd be for gereral purposes Doty. The Town of Vail does not wartant the accuracy of the information contained herein. (parcel hoe work is appmzi mate) '\~17 ~ _ 1:rftYf~ POTENTIAL BUS~TRANSIT STOP PROPOSED MIXED USE BUILDING AREA __ _„_ .__. GROUND FLOOR RETAIL ~ MIXED USE ABOVE SKI AREA SUPPORT W~ SUB-GRADE MAINTENANCE GONDOLA PARKING STRUCTURE r ~ ~ r ~~`~ ~' i i r ~ , ~ ~ /. ~P STRIA i -- T;AL 1' ~~ .___ /~c s 1"r~ ;:;.., i ., 1 y ~ /'" ~ f ~ ;1T~ i ' / - ....- i . ~: ~ ~ -~" : ~' ^1.'~ ~, ~ ~ ~ \ • ~.. ~ ~, ~ j~- ~ } is ; ,i ~ ~ , _.~.-. ~/ ,,., 25, ~ ~ ~ ~., V _; ;~ - . ~' ~-~''~-~ ..-P'EDESTRlANi EA ~ 'y,~ ... r :- :: ~. , o -_ ,...--~,,.~ ~,- ,.. __,...~ - i i ''~ ~ - y .\ .. -- ~, •~ I ~..i r.. ..~ ~. ~•• .%' ,~ ..-~.. ~ ~ ~•• I '' 1 ,.. ,~- _.. ~ f . .--~ =' ~ • .._• .; ._.._ r ~.. , i j r 1 i . / .-- ,: ; .. r..J j FIGURE ~-9 -EXISTING FRONTAGE ROAD ALIGNMENT ~ WEST LIONSHEAD DEVELOPMENT CONCEPT ' ~~ ~~ '` K a.. ,~ ,4~ ~:;, - _ _ . 4 - ~ '~'~ ti s `"i ' ' F' ~~r, y~- tld,i'S f 17~F ~'~ ~ +.+~ ~~~~~' c ~ £s '~t'~ ~-~ 3h .rK' . l~!'^1' i, - - -r.~. ~ ~ ~- 7 r, ~_, ~,.= n ~, ~ ~ ~ i~:~1y, ,~ ~~°,y'~ q~' i..ae.a.'~~ ~ ~s ~k t e r- x -~'.-t ur' ,,z~ R r ~~ _ ~.1^'.. na ~ y-a ~w ,~w~c Jt.: _ . J n-~..xy ,~+ _,.~--. ~getr.-~~ , r .±~~-r, Y ut'.. y,. < . r , 3 tsi•:. i L +!(re#y~~ ~Y~~v~~" Shy" n_=-5 ~ A .,. ~~..- e f < -. _ d J ~ •f ~,:.~~ i+:. .~, ~•~.- '..~. '.. a tts ..-.-. .iw '~~;sc. ^A. $.., (, _t.u L si ~.+,rf'as~-S _,~r ~~''~ ...- ? a. - ,~} .:~`,~;:~ ,. !-.f ~ ~rF• tti;' i POTENTIAL BUS~TRANSIT $TOP PROPOSED MIXED USE BUILDING AREA _ _ _ GROUND FLOOR RETAIL ~ MIXED USE ABOVE SKI AREA SUPPORT W~ SUB-GRADE MAINTENANCE GONDOLA PARKING STRUCTURE a rt ,v n i i/ jt ,,, .'~ ~; / I ..~ :<~~ ~, V '`wJ/ ,~ r .:~ ~, t= ~p ~~,'`' EDE ~1 = ~ r p a ; ~ ~ ~ 1hER ~~A55 - ...,_, _ ..,J ,,~ . ~.. ~ ~ ~, ,. „~~• r"'~ - ~; ~~ _ ~ ~, -- .' .' ,;,,._ i /`,. ,~. ~• r i ~~ ~' F ,' _ ;. i ~~ i i EDE~TRI ,f~ O R~'A L ~~-_ _- ~~ y~, ~ ~~ ~~ ~~ - ''- ~` ` fi # ~. y %4 j' '\ .: , ., EAST ~; ~ ~ " ~ ~~ U _ _ ,T,. „T i i ~ ~ ~; i i i i i ~ ~ ~ ~ e i f ~ ~ ~ i i 7 i i i FIGURE 4-9A - RE-ALIGNED FRONTAGE ROAD ~ WEST LIONSHEAD DEVELOPMENT CONCEPT ~~ ~J a 3 FIGURE S-2S -WEST LroNSHEAD BUILDING MASS ~ HEIGHT LIMITATIONS ~ I.r~1~ o ~ ~ ~~ MEMORANDUM TO: Vail Town Council FROM: Department of Community Development DATE: December 19, 2006 SUBJECT: Worksession on Ordinance 27, Series of 2006 (Wildfire Roofing Ordinance) PURPOSE The applicant, the Town of Vail, is proposing text amendments to require Class A roofing materials or Class A roof assemblies for all structures within the Town of Vail. The amendments will also ban wood shake and wood shingles for all structures, as well as amend the Design Guidelines to promote fire safe materials. The intent of the proposed text amendments is to increase life safety and reduce property destruction by requiring roofing materials that will decrease the risk of spreading wildfires. The purpose of this worksession is to: 1. Review and discuss proposed text amendments; 2. Discuss situations where there may be issues in achieving the purpose of the proposed regulations, such as residential additions, partial re-roofing projects, repairs, and other similar circumstances; and, 3. Gain feedback from Council on the proposed text amendments, prior to preparing an amending ordinance. On December 11, 2006, the Planning and Environmental Commission forwarded a recommendation of approval, with modifications, to the Town Council for proposed text amendments as follows: 1. The proposed text amendment will apply to new construction. 2. The proposed text amendments will apply to re-roofing of over 50% of the total roof area of the structure of the structure. As there is no definition of roof area in the Town Code, Staff has- added a definition, included in the attached proposed text amendments (See Attachment A). ACTION REQUESTED OF COUNCIL Review proposed text amendments and make recommendations to Town Staff for dealing with various circumstances, as outlined below. There is a large portion of structures within the Town that will become legally nonconforming once the proposed text amendments are effective. The Town Code has the following sections on nonconformities and the design guidelines:- 12-11-3: Design Approval C.Nonconforming Sites And Structures; Effect Of Design Guidelines: 1 1. Buildings and sites which are not in conformance with the design guidelines, due to annexations or changes in code provisions (i. e., legal nonconformifies), shall be required to conform with the design guidelines when allowable gross residential floor area (GRFA) (the GRFA that is permitted by the density control section of various zone districts), commercial floor area, or garage area credit is added to any existing structure or site. 2. From the effective date of July 21, 1998, there shall be permitted cone-time exclusion from this provision for an expansion to single-family, two-family, and primary/secondary residential dwelling units. This one-time exclusion shall be allowed for a single expansion of five hundred (500) square feet or less of allowable GRFA or garage area credit per dwelling unit. In which case, structures maybe expanded without requiring upgrades to entire strucfures and sites to conform to fhe design guidelines. The addition itself, however, shall conform to the design guidelines. An expansion which is greater than five hundred (500) square feet, or any subsequent expansion to a structure, regardless of size, shall require full compliance of the dwelling unit with the design guidelines. 3. General maintenance and upkeep of a property shall continue to be required regardless of the amount of floor area added to a structure. The one-time exclusion noted above shall not preclude the design review board, pursuant to the design guidelines, from requiring landscaping and other improvements necessary to buffer or mitigate development impacts associated with the expansion/remodel. 4. Expansions made pursuant to section 12-15-5 of this title shall require full compliance of the entire dwelling unit with the design guidelines. Interior conversion additions pursuant to section 12-15-4 of fhis title shall not trigger the requiremenf for upgrading sites and structures to fully comply with the design guidelines, unless it can be classified as a "demo/rebuild'; pursuant to section 12-2-2 of this title. The above section allows for cone-time 500 square foot GRFA expansion without requiring an applicant to come into compliance with the design guidelines. Section 4 references 12-15-5, Additional Gross Residential Floor Area, which allows for cone-time 250 square foot GRFA bonus. However, the Town Code requires that a 250 conversion come into compliance with the design guidelines as follows: ' 12-15-5. Conformity With Guidelines: All proposals under this section shall be required to conform to the design review guidelines set forth in chapter 11_of this fitle. Asingle-family ortwo-family dwelling unit for which an addition is proposed shall be required to meet the minimum town landscaping standards as set forth in chapter 11 of this title. Before any additional GRFA maybe permitted in accordance with this section, the staff shall review the maintenance and upkeep of the existing single-family ortwo-family dwelling and site, including landscaping, to determine whether they comply with the design review guidelines. No temporary certificate of occupancy shall be issued for any expansion of GRFA pursuant to this section until all required improvements to fhe site and structure have been completed as required. 2 Chapter 12-8 addresses maintenance and repair of nonconforming sites, uses, structures and site improvements as follows: 12-18-6: Maintenance and Repairs: Nonconforming uses, structures, and site improvements maybe maintained and repaired as necessary for convenient, safe, or efficient operation or use; provided, that no such maintenance or repair shall increase the discrepancy between the use, structure, or site improvement and the development standards prescribed by this title. Title 14 briefly reviews nonconformity and addresses demo/rebuild and new construction: 14-1-4: NONCONFORMITIES: Nonconforming sites and site improvements lawfully established prior to the effective date hereof may continue, subject to the limitations prescribed by title 12, chapfer 18 of this code. To encourage redevelopment, .there. shall be some flexibility granted to existing nonconforming sites and structures. However, wherever possible, compliance with the development standards shall be achieved. The paving of existing legal nonconforming, i.e., unpaved, driveways shall be allowed without strict compliance with the development standards. However, a reasonable attempt shall be made to adhere as closely as possible to the development standards when paving existing driveways. A structure, which is substantially demolished or reconstructed, as defined by "demo/rebuild" in the zoning regulations, shall be required to adhere to the development standards. The following are potential scenarios that could occur, along with staff recommendations related to how these situations should be dealt with: Scenario #1: New Construction Recommendation: New construction is the easiest situation in which to enforce the new regulations. Staff recommends the proposed text amendments, where applicants choose a Class A roof assembly or Class A roof covering material. Wood shake and shingles are not permitted. Scenario #2: Re-roofing more than 50% of the total roof area Recommendation: The Planning and Environmental Commission recommends that all re-roofing of more than 50% of the total roof area of the structure will be required to come into compliance with the proposed regulations. Staff agrees with the recommendation that these re-roofing situations shall be required to utilize Class A roof assembly or Class A roof covering materials and will not be allowed to utilize wood shake or wood shingles. Scenario #3: Small repairs Recommendation: As stated in 12-18-6: Maintenance and Repairs, structures that are nonconforming may make repairs and conduct maintenance to the structure without having to come into compliance. Scenario #4: Additions to the home Recommendations: As stated in Subsection 12-11-13C, Nonconforming Sifes And 3 Structures; Effect Of Design Guidelines, properties are allowed cone-time 500 square foot expansion before they are required to come into compliance with the design guidelines. Staff recommends that this be applied to the proposed regulations, with applications for additions under 500 square feet of GRFA be allowed cone-time grant of expemption from the design guidelines. Any additions more than 500 square feet or any subsequent addition will be required to come into compliance with the proposed regulations. Scenario #5: 250 Ordinance usage Recommendations: Currently, utilizing the 250 Ordinance that allows fora 250 square foot GRFA bonus after the maximum GRFA is utilized on a site will require that the applicant comply with the design guidelines. Staff recommends that this provision stays the same and requires applicants to have roofs in compliance with the proposed regulations when they utilize a 250 sq ft GRFA bonus. III. STAFF RECOMMENDATION There is no formal staff recommendation at this time. IV. ATTACHMENTS A. Proposed text amendments 4 Attachment A Town Council December 19, 2006 The proposed amendments are indicated in bold (additions) and (deletions) as follows: TITLE 14: DEVELOPMENT STANDARDS HANDBOOK Chapter 2: Definitions (in part): DEFENSIBLE SPACE: An area around structures where non-FireWise plant material capable of causing a fire to spread have been modified, cleared, or reduced to act as a barrier between an advancing fire and resources or lives at risk. FIREWISE PLANT MATERIALS: As outlined in the latest version of Colorado Stafe Foresf Service publication #6.305, "FireWise Plant Materials." ROOF AREA, TOTAL: A measure in square feet of the structural covering of the building or structure including projections beyond the walls or supports of the building or structure. ROOF ASSEMBLY: A system designed to provide weather protection and resistance to design loads. The system consists of a roof covering and roof deck or a single component serving as both the roof covering and roof deck. A roof assembly includes the roof deck, vapor retarder, substrate or thermal barrier, insulation, vapor retarder and roof covering. ROOF COVERING: The covering applied to the roof deck for weather resistance, fire classification, or appearance. Chapter 70: Design Review Standards and Guidelines (in parf): 3. Site Planning: C. Removal of trees, shrubs, and other native vegefation shall be limited to removal of those essential for development of the site,-er those identified as diseased or those essential for creating defensible space. Mitigation may be required for free removal. 5. Building Materials and Design: A. The use of noncombustible building materials and designs intended to prevent fhe spread of fire are highly encouraged. Predominantly natural building materials shall be used within the Town of Vail. The exterior use of wood, wood siding, mingles, native stone, brick, concrete, stucco, and EIFS may be permitted. Concrete surfaces, when permifted, shall be treated with texture and color; however, exposed aggregate is more acceptable than raw concrete. The exterior use of the following siding materials shall be prohibited: stucco or EIFS with gross fextures or surface features that appear to imitate other materials, simulated stone, simulated brick, plastic and vinyl.Qt-be-jr~°r ~-ThE n ° rNcTTr-nTCC° A-1 Attachment A Town Council December 19, 2006 The exterior use of any building material, including those not specifically identified by this Section, shall only be permitted, unless otherwise prohibited by this Code, where the Design Review Board finds: a. that the proposed material is satisfactory in general appearance, quality over time, architectural style, design, color, and texture; and, b. that the use of the proposed material complies with the intent of the provisions of this Code; and, c. that the use of the proposed material is compatible with the structure, site, surrounding structures, and overall character of the Town of Vail.-; and, d. that the material is noncombustible or aids in the prevention of fires. D. The majority of roof forms- within Vail are gable roofs with a pitch of at least four feet (4) in twelve feet (12). However, other roof forms are allowed. Consideration of environmental and climatic determinants such as snow shedding, drainage, fire safety and solar exposure should be integral to the roof design. F. All structures shall have Class A roof assemblies or shall have Class A roof covering materials, as defined by the adopted building code. The use of aveed~haiFe, concrete tile, slate, metal, asphalt shingle, fiberglass shingle, and built-up tar and gravel roofing maybe permitted. Metal roofing, when permitted, shall not reflect direct sunlight onto an adjacent property and shall be surfaced with a low-gloss finish or be capable of weathering to a dull finish. Metal roofing, when permitted, shall be of a heavy gauge and designed to provide visual relief to the roof surface (including but not limited to a standing seam). Asphalt and fiberglass shingles, when permitted, shall-weigh no less than three hundred (300) pounds per roofing square. The use of wood shake, wood shingles and rolled roofing shall not be permitted. The use of any roofing material, including those not specifically identified by Phis Section, shall only be permitted, unless otherwise prohibited by this Code, where the Design Review Board finds: a. that the proposed material is satisfactory in general appearance, quality over time, architectural style, design, color, and texture; and, b. that the use of the proposed material complies with the intent of the provisions of this Code; and, c. that the use of the proposed material is compatible with the structure, site, surrounding structures, and overall character of the Town of Vail.-; and, d. that the material is noncombustible or aids in the prevention of fires. 8. Landscaping, Drainage, and Erosion Control: A. Various natural vegetation zones exist within the Gore Valley as a result of the form and aspects of the land itself. The north facing slopes within the valley are typically heavily wooded with spruce, pine and aspen and generally receive less direct sunlight than the drier south facing slopes which typically consist of sage, aspen and other vegetation tolerant of drier conditions. The valley floor which is adjacent to Gore Creek consists of a wide variety of trees and shrubs adapted to the relatively fertile soil and natural availability of water. The goal of any landscape plan should be to preserve and enhance the natural A-2 Attachment A Town Council December 19, 2006 landscape character of the area in which it is to be located and serve as an aid in fire prevention and protection. The landscape scale and overall landscape design shall be developed so that new vegetation is integral with the natural landscape and the inherent form line, color and texture of the local plant communities. Since the major objective of the landscaping is to help reduce the scale of new structures and to assist in the screening of structures, the planting of large sized plant materials is encouraged. FireWise plant materials are encouraged due to their ability to resist fire. Trees should be maintained through limbing and pruning in order to prevent limbs from being too close to structures and other plant materials. Special care should be taken in selecting the types of plants to use when designing a landscape plan. Final selection should be based upon the soils and climate, ease of establishment, suitability for the specific use desired, ability to deter the spread of fires and the :level of maintenance that can be provided. New planting shall use plants that are indigenous to the Rocky Mountain alpine and sub-alpine zones or as capable of being introduced into these zones. A recommended list of plant materials, some indigenous to the Vail area, is on file with the Department of Community Development. Also indicated on the list are FireWise plant materials er-name+~tals-which are suitable for planting within the Vail area. A-3 T~OWNOF YAi~ Town Clerk MEMORANDUM TC-: Town Council FROM: Lorelei Donaldson, Town Clerk RF?: 2007 Ford Park Managed Parking Calendar DATE: December 13, 2006 The 2007 Managed Parking Calendar Schedule for Ford Park is attached. This calendar has been compiled by the Ford Park User Committee from our meeting on December 7, 2006. We are requesting your review and approval of the calendar for paid parking dates at Ford Park for the Summer, 2007 schedule. There are currently 37 days of paid parking requested as well as one m~inaged parking date. This calendar is subject to change as more events are added to the various schedules of the user groups at Ford Park. 7.5 South Frontage Road • Vail, Colorado 81657.970-479-2136/ FAX 970-479-2320 • www. vailgov. com RECYCLED P.lPER 2007 Paid Parking Dates at Ford Park June 2 Saturday Managed Parking Only, VMS & PD 10:00 a.m. to 2:00 p.m. June 19 Tuesday 4:00 p.m.-8:00 p.m. Paid Parking, VMS & PD June 26 Tuesday 4:00 p.m.-8:00 p.m. Paid Parking, VMS & PD June 27 Wednesday 7:00 a.m.-7:00 p.m. Paid Parking, VMD & PD June 29 Friday 7:00 a.m.-7:00 p.m. Paid Parking, VMD & PD June 30 Saturday 7:00 p.m.-7:00 p.m. Paid Parking, VMD & PD July O 1 Sunday 7:00 a.m.-7:00 p.m. Paid Parking, VMS & PD July 02 Monday 7:00 a.m.-7:00 p.m. Paid Parking, VMS & PD July 03 Tuesday 4:00 p.m.-8:00 p.m. Paid Parking, VMS & PD July 04 Wednesday 7:00 a.m.-7:00 p.m. Paid Parking, VMS & PD July 06 Friday 4:00 p.m.-8:00 p.m. Paid Parking, VMS & PD July 07 Saturday 4:00 p.m.-8:00 pm Paid Parking, VMS & PD July 08 Sunday 4:00 p.m.-8:00 p.m. Paid Parking, VMS & PD July 09 Monday 4:00 p.m.-8:00 p.m. Paid Parking, VMS & PD July 10 Tuesday 4:00 p.m.-8:00 p.m. Paid Parking, VMS & PD July 12 Thursday 4:00 p.m.-8:00 p.m. Paid Parking, VMS & PD July 13 Friday 4:00 p.m.-8:00 p.m. Paid Parking, VMS & PD July 14 Saturday 4:00 p.m.-8:00 p.m. Paid Parking, VMS & PD July 17 Tuesday 4:00 p.m.-8:00 p.m. Paid Parking, VMS & PD July 18 Wednesday 4:00 p.m.-8:00 p.m. Paid Parking, VMS & PD July 20 Friday 4:00 p.m.-8:00 p.m. Paid Parking, VMS & PD July 21 Saturday 7:00 a.m.-7:00 p.m. Paid Parking, VMS & PD July 22 Sunday 7:00 a.m.-7:00 p.m. Paid Parking, VMS & PD July 24 Tuesday 4:00 p.m.-8:00 p.m. Paid Parking, VMS & PD July 25 Wednesday 4:00 p.m.-8:00 p.m. Paid Parking, VMS & PD July 26 Thursday 4:00 p.m.-8:00 p.m. Paid Parking, VMS & PD July 27 Friday 4:00 p.m.-8:00 p.m. Paid Parking, VMS & PD July 29 Sunday 4:00 p.m.-8:00 p.m. Paid Parking, VMS & PD July 31 Tuesday 4:00 p.m.-8:00 p.m. Paid Parking, VMS & PD August 03 Friday 7:00 a.m.-7:00 p.m. Paid Parking, VMS & PD August 04 Saturday 7:00 a.m.-7:00 p.m. Paid Parking, VMS & PD August OS Sunday 7:00 a.m.-7:00 p.m. Paid Parking, VMS & PD August 07 Tuesday 4:00 p.m.-8:00 p.m. Paid Parking, VMS & PD August 10 Friday 4:00 p.m.-8:00 p.m. Paid Parking, VMS & PD August 11 Saturday 4:00 p.m.-8:00 p.m. Paid Parking, VMS & PD August 14 Tuesday 4:00 p.m.-8:00 p.m. Paid Parking, VMS & PD August 17 Friday 4:00 p.m.-8:00 p.m. Paid Parking, VMS & PD August 21 Tuesday 4:00 p.m.-8:00 p.m. Paid Parking, VMS & PD Revised December 13, 2006 at 5:00 a.m. 2007 FORD PARK SCHEDULE MAY SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY TOV: Town of Vait VAIL NATURE CENTER: VAIL NATURE CENTER: BFAGF- Guided Tours VRD: Vail Recreation District 5122-1012 BEAVER POND TOUR through the Gardens every FP: Ford Park WILDFLOWER WALK Mon & Wed, 615 to 9128 Monday, Thursday & . AF: Athletic Field daily from 1-2pm STARLIGHT ADVENTURE Saturday @ 10:30 am LBFP: Lower Bench of Ford Park MORNING BIRD WALK Wed, from 7:30 - 9 pm, throughout the summer VMS: Variable Message Sign Fri,Sat & Sun, from 9-10 am, 6/1 to 9128 VOLUNTEER days on BFAGF: Betty Ford Alpine Garden Foundation 5122 to 1012 Monday and Thursdays at BRAVA gam-12pm GRFA: Gerald R. Ford Amphitheater HORTICULTURE Therapy WF: Vail Valley Foundation classes -10am Tuesdays PD: Police Dept CHILDREN'S program 10:30. am on Wednesdays 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 LBFPIBFAGF -Butterfly LBFPIBFAGF -Butterfly LBFPIBFAGF -Butterfly Launch ~ Launch Launch 20 21 22 23 24 25 26 27 28 29 30 31 2006 FORD PARK SCHEDULE Revised December 13, 2006 at 8:00 a.m. JUNE SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 1 2 GRFA-BMHS GRFA -TEVA Mtn, Games Graduation -HOLD PD managed parking only GRFA -BMHS Graduation -VMS Rehearsal -10am-12pm LBFP -Tentative wedding; GRFA -Everest Awards - MaynardlTaylor - 75-100 Teva Mtn. Games from 6:30 PP, 2p_5p pm-9pm HOLD GRFA -Teva Mtn Games Concert - 7pm to 11 pm - HOLD -Paid Parking???? 3 GRFA -TEVA Mtn. 4 VRD - FP -Adult SB 5 VRD: AF Rugby 6-8p 6 VRD: AF Pepi's Soccer 7 VRD: AF Rugby 6-8p 8 GRFA -Colo. Childrens 9 GRFA -GTI Group 8-5 Games -FORD PARK - 5,30 - 8:30 p VRD - FP -Adult SB Club 6-8p VRD - FP -Adult SB Chorale rehearsals - 8-5 VRD - AF Rugby Match;1- East parking lot -TEVA VRD - AF Volleyball courts- 5:30 - 8:30 p VRD - FP -Adult SB 5:30 - 8:30 p 4p Mtn. Games VW Test Drive Volleyball League 5p-Sp GRFA -Colo. Childrens 5,30 - 8;30 p GRFA -Colo. Childrens GRFA -Colo. Childrens area from Sam to 5pm ???? GRFA -Colo, Childrens Chorale rehearsals - 8-5 GRFA -Colo. Childrens Chorale rehearsals - 8-5 Chorale rehearsals - 8-5 Chorale rehearsals - 8-5 Chrra-e rehearsals - 8-5 10 VRD: AF Pepi's Soccer 11 VRD - FP -Adult SB 12 VRD: AF Rugby 6-8p 13 VRD: AF Pepi's Soccer 14 VRD: AF Rugby 6-Sp 15 VRD: FP & AF Pepi`s 16 VRD - FP & AF King of Club 12-4p 5:30 - 8:30 p VRD - FP -Adult SB Club 6-8p VRD - FP -Adult SB Soccer Club 6-8p Mtn Volleyball 7a-8p GRFA -Colo. Childrens VRD: AF Pepi's Soccer 5,30 - 8:30 p . VRD - FP -Adult SB 5:30 - 8:30 p VRD - AF King of Mtn VRD - FP - Jr Girls Chorale concert -FREE Club 6-8p 5:30 - 8:30 p VRD - AF - King of Mtn Volleyball la-8p Lacrosse; 8a-5p VRD - AF Volleyball courts- Volleyball - set up only GRFA - OK Corral Camp-- GRFA - OK Corral Camp-- Volleyball League 5p-8p HOLD HOLD 17 VRD -AF & FP King of 18 19 VRD 20 VRD -AF ~ FP: Youth 21 VRD -AF & FP. Youth 22 VRD: AF Pepi's Soccer 23 VRD: AF Rugby 1-5p Mtn Volleyball la-8p VRD - FP -Adult SB VRD -AF & FP: Youth Lacrosse 7a-5p Lacrosse 7a-5p Club 6-Sp GRFA -BRAVO -HOLD VRD - FP - Jr. Girls 5:30 - 8:30 p Lacrosse 7a-5p VRD - FP -Adult SB VRD - FP -Adult SB VRD -AF & FP: Youth Lacrosse; 8a-5p VRD - AF Volleyball courts- VRD - FP -Adult SB 5:30 - 8:30 p 5:30 - 8:30 pm Lacrosse la-5p GRFA - OK Corral Camp-- Volleyball League 5p-8p 5:30 - 8:30 p VRD - AF -Lacrosse 7a-5p HOLD VRD: AF Pepi's Soccer VRD - AF -Lacrosse 7a-5p Glub 6-8p GRFA: Hot Summer Nights 6:30p PD !VMS Paid Parking 4p- 8p Revised December 13.2006 at 8~(Kl a.m SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 24 25 26 27 GRFA: RPO at 6pm - 28 VRD - FP -Adult SB 29 GRFA: RPO at 6pm - 30 GRFA: RPO at 6pm - URD: AF Pepi's Soccer Club VRD: FP Adult SB 5:30p- VRD - FP -Adult SB Classical -Opening Night 5:30 - 8:30 p Pops concert Classical 12-4p 8:30p 5:30 - 8:30 p VRD - FP -Adult SB VRD -VRD - AF & FP - VRD - AF & FP -Master & VRD - AF & FP -Master & BFAGF - LessanilWillits VRD - AF Volleyball courts- GRFA: Hot Summer Nights 5:30 - 8:30 p Master & LaCrosse Under LaCrosse Under 19; la-5p LaCrosse Under 19; la-5p wedding; 12-3pm;100 pp Volleyball League 5p-8p 6:30p VRD - AF & FP -Master & 19; 7a-5p LBFP -Heller wedding; 3- GRFA-Bravo Concert- VRD: AF Pepi's Soccer LaCrosse Under 19; 7a-5p 6pm; ceremony,5pm - HOLD Club 6-8p possible open tent (40' x 40'); 200 pp tentative pD I VMS PD t VMS PD 1 VMS PD 1 VMS Paid Parkin 4 -8 Paid Parkin 7a-7 Paid Parkin la-7 paid Parking 7a-7p 2006 FORD PARK SCHEDULE Revised December 13, 2008 at 8:00 a.m. JULY SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 1 VRD - AF & FP -Elite 2 VRD -VRD - AF i~ FP - 3 4 VRD - AF & FP -Elite 5 VRD; AF Rugby 6-8p 6 GRFA: - HOLD WF 7 GRFA: TPO at 6pm - LaCrosse 7a - 5p Elite LaCrosse 7a - 5p VRD FP & AF: Elite LaCrosse la - 5p VRD - FP -Adult SB Classical concert (The Master & LaCrosse Under AF & FP -Master & _ Lacrosse la-5p GRFA;RPO Patriotic 5:30 - 8:30 p VRD: AF Pepi's Soccer Club 6- Philadelphia Orchestra) 19; 7a-5p LaCrosse Under 19; la-5p GRFA: Hot Summer Nights Concert Gates open @ 8p VRD - AF Rugby Match VRD - AF Volleyball courts- 6:30 pm noon; Concert at 2pm 1 p-4p GRFA -Bravo RPO Volleyball League 5p-8p LBFP - 4th July games, Classical Event 6pm VRD: AF Pepi's Soccer events;l0am to Laurie Club 6-8p Asmussen (Tixs for patriotic concert on GRFA -Bravo RPO Eileen LBFP Picnic Pav: Vail Jazz sale beginning today) Ivers -Pops concert 6pm Foundation picnic; 100 pp; 11am-3pm; 479-6146; Christine Carlson PDIVMS PDIVMS PDIVMS PDIVMS PDIVMS PDIVMS Paid Parkin 7a-7 Paid Parkin 7a-7 Paid Parkin 4 -8 Paid Parkin Ta-7 Paid Parkin 4-8 Paid Parkin 4.8 8 GRFA - TPO concert at 9 GRFA - TPO concert at 10 VRD: AF Rugby 6-8p 11 12 VRD: AF Rugby 6-8p 13 GRFA: TPO 6p -Classical 14 GRFA: TPO Festive 6pm -Classical 6pm -Festive Classics VRD - FP -Adult SB VRD: AF Pepi's Soccer VRD - FP -Adult SB VRD: AF Pepi's Soccer Ciub 6- Classics 6pm VRD: AF Pepi's Soccer VRD - FP -Adult SB 5,30 - 8:30 p Club 6-Sp 5:30 - 8,30 p 8p VRD - AF Rugby Match Club 12-4p 5:30 - 8:30 p GRFA: Hot Summer Nights VRD - FP -Adult SB GRFA: TPO Classical 1p-4p VRD - AF Volleyball courts- 6:30p 5:30 - 8,30 p Concert 6pm Volleyball League 5p-8p VRD: AF Pepi's Soccer Club 6-8p PDIVMS PDIVMS PDIVMS PDIVMS PDIVMS PDIVMS Paid Parking 4.8p Paid Parking 4-8p Paid Parking 4-8p Paid Parking 48p Paid Parking 4-8p Paid Parking 4-8p 15 16 VRD - FP -Adult SB 17 VRD: AF Rugby 6-8p 18 19 20 GRFA- NYPO opening 21 GRFA- NYPO 6p- .GRFA -Children's Theatre 5:30 - 8:30 p VRD - FP -Adult SB GRFA -Bravo -Judy VRD: AF Rugby 6-8p night concert 6p -Classical Classical rehearsal; Load in and VRD - AF Volleyball courts- 5:30 - 8:30 p Collins -Pops concert 6pm VRD: AF Pepi's Soccer (large group) VRD - AF Rugby Match Rehearsal all day Volleyball League 5p-8p GRFA: Hot Summer Nights VRD: AF Pepi's Soccer Club 6-8p VRD: AF Pepi's Soccer Club 6- 1 p-4p 8a-5p VRD: AF Pepi's Soccer 6:30p Club 6-8p VRD - FP -Adult SB 8p Club 6-8p VRD - FP -Adult SB 5:30 - 8:30 p LBFP -picnic pavilion - 60 pp; VRD: FP Rocky Mtn. Co- GRFA -Children's Theatre 5;30 - 8:30 p GRFA - NRO (National Wormer picnic Ed Softball 8a-4p rehearsal; Load in and Repertory Orchestra) Family Rehearsal all day Concert at 11 am 8a-5p Childrens Theatre 2p-11 pm - Performance at 7pm Performance 7pm NYPO load inlmidnight PDIVMS PDIVMS PDIVMS PDIVMS Paid Parking 4.8p Paid Parking 4.8p Paid Parking 48p Paid Parking 7a-7p Re~isad flaramhar 13 911(IR ~t A•M ~ m SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY - -.. SATURDAY 22 GRFA - NYPO - 6p - 23 VRD - FP -Adult SB 24 VRD; AF Rugby 6-8p 25 GRFA - NYPO - 6p - 26 FA - NYPO - 6p- 27 GRFA - NYPO 6p - 28 GRFA -VIDF load Classical 5:30 - 8:30 p VRD - FP -Adult SB Festive Classics Festive Classics Classical -Closing Night in and Rehearsal VRD: AF Pepi's Soccer VRD - AF Volleyball courts- 5:30 - 8:30 p VRO: AF Pepi's Soccer VRD: AF Rugby 6-8p GRFA -NYPO closing night and VRD: AFIFP -Vail Club 12-4p Volleyball League 5p-8p GRFA; Hot Summer Nights Club 6-8p VRD - FP -Adult SB load out after performance Invitational Soccer 8a-3p VRD: FP Rocky Mtn. Co-Ed VRD: AF Pepi's Soccer 6:30p VRD - FP -Adult SB 5:30 - 8:30 p (not on East GRFA -VIDF load in after LBFP -VIDF -GALA - Softball 8a-4p Club 6-8p 5:30 - 8:30 p (not on East Field of FP) concert Tentative -with tent - GRFA -VIDF Load in aft Field of FP) VRD: AF Pepi's Soccer Club 6- BFAGF -Gala - day 8p Tentative VRD - AF -Vail invitational Soccer Tourney; 5p-8p PDIVMS PDIVMS PDIVMS PDIVMS Paid Parking 4-Sp PDIVMS Paid Parkin 7a-7 Paid Parkin 48 Paid Parkin 4.8 paid Parkin 4 -8 29 30 31 VRD: AF Rugby 6-8p GRFA -VIDF Different VRD - FP -Adult SB VRD - FP -Adult SB Dimensions - 7:30 pm 5:30 - 8:30 p 5:30 - 8:00 p VRD: VRO - AF Volleyball courts- GRFA: Hot Summer Nights; AFIFP -Vail Invitational Volleyball League 5p-8p 6:30 pm with dance Soccer 8a-3p VRD: AF Pepi's Soccer BFAGF - Berntsen/Cooper Club 6-8p wedding;12 noon to 3pm; LBFP - BFAGFIWF (Arte) 200 guests; ceremony 1 pm gala tear down 8a-12 noon LBFP - VIDF -GALA - Tentative -with tent - PDNMS PDIVMS Paid Parkin 4 -8 Paid Parking 48p 2006 FORD PARK SCHEDULE Revised December 13, 2006 at 8:00 a.m. AUGUST SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 1 GRFA - VIDF rehearsal 2 GRFA - VIDF rehearsal 3 GRFA -VIDF - 4 VIDF -International VRD: AF Pepi's Soccer VRD: AF Rugby 6-8p International Evenings 7:30p Evenings 7:30 pm Club 6-8p VRD - FP -Adult SB LBFP -Gala -12p-12am VRD - FP -Kick It 3v3 VRD - FP -Adult SB 5:30 - 8:30 p .VRD - FP -Kick It 3v3 soccer la-6p 5,30 - 8:30 p LBFP -Gala tent setup Sa- soccer 7a-6p VRD -Colorado Clay Court 5p VRD -Colorado Clay Court Tennis Championships; 8a- LBFP - VIDF -GALA - Tennis Championships; 8a- lp Tentative -with tent -setup 7p LBFP - VIDF -GALA - LBFP - VIDF -GALA - Tentative -with tent - Tentative -with tent - BFAGF - Wright/English wedding; 3-6p; 55 pp PDIVMS Paid Parking la-7p PD I VMS Paid Parkin la-7 5 GRFA -VIDF rehearsal 6 VRD - FP -Adult SB 7 VRD: AF Rugby 6-8p 8 VRD: AF Pepi's Soccer 9 VRD: AF Rugby 6-8p 10 11 VRD - FP -Kick It 3v3 5:30 - 8:30 p VRD - FP -Adult SB Club 6-8p VRD - FP -Adult SB VRD: AF Pepi's Soccer GRFA -VIDF soccer la-6p VRD - AF Volleyball courts- 5:30 - 8:30 p VRD - FP -Adult SB 5:30 - 8:3 0 pm Club 6-8p VRD - AF Rugby Match; VRD -Colorado Clay Court Volleyball League 5p-8p GRFA -VIDF -Different 5:30 - 8.30 p GRFA -VIDF rehearsal GRFA -VIDF -International 1 p-4p Tennis Championships; 8a- VRD: AF Pepi's Soccer Dimensions 7:30p GRFA -VIDF rehearsal Evenings LBFP -Morgan wedding - 7p Club 6-8p tentative BFAGF -Gala Event/l'ribute GRFA -VIDF rehearsal wltent?????? LBFP - BFAGFIWF (Ante} gala tear down Sa-12 noon PD 1 VMS PD 1 VMS PDIVMS PD 1 VMS Paid Parking 4-8p Paid Parking 4-8p Paid Parkin 7a-7 Paid Parkin 4.8 12 13 VRD - FP -Adult SB 14 VRD: AF Rugby 6-8p 15 VRD: AF Pepi's Soccer 16 VRD: AF Rugby 6-8p 17 18 GRFA -Johnson GRFA -VIDF -Family 5:30 - 8:30 p GRFA: Hot Summer Nights; Club 6-8p VRD - FP & AF Valley VRD: AF Pepi's Soccer Wedding Matinee 3pm -FREE VRD: AF Pepi's Soccer 6:30 pm VRD - FP -Adult SB sports Assoc Youth Soccer; Club 6-8p VRD - AF -Rugby Match; Club 6-8p VRD - FP -Adult SB 5:30 - 8:30 p 4-7p GRFA -Nick Huzzula 1 p-4p VRD - AF Volleyball courts- 5;30 - 8:30 p VRD - FP -Adult SB Concert -tentative Volleyball League 5p-8p 5:30 - 8:30 p GRFA -VIDF -load out all PD 1 VMS PD I VMS da Paid Parkin 4.8 Paid Parkin 48 19 20 VRD - FP & AF Valley 21 VRD: AF Rugby 6-8p 22 VRD: AF Pepi's Soccer 23 VRD: AF Rugby 6-Sp 24 VRD: AF Pepi's Soccer 25 LBFP -RodgerslColomb sports Assoc Youth Soccer; VRD -Valley sports Assoc Club 6-8p VRD - FP & AF Valley Club 6-8p Wedding; 12-4pm;100 pp 47p Youth Soccer; 4-7:OOp VRD - FP & AF Valley sports Assoc Youth Soccer; GRFA -HOLD -Pam VRD - AF Volleyball courts- VRD - FP -Adult SB sports Assoc Youth Soccer; 4-7p Brandmeyer -Urban VRD - AF -Rugby Match; Volleyball League 5p-8p 5:30 - 8:30 p 47p VRD - FP -Adult SB Convergence Festival 1 p-4p URD - FP -Adult SB GRFA: Hot Summer Nights; VRD - FP -Adult SB 5:30 - 8:30 p GRFA -HOLD -Pam 5:30 - 8:30 p 6:30 pm 5:30 - 8:30 p GRFA -HOLD -Pam Brandmeyer - Urban URD: AF Pepi's Soccer PD 1 VMS Brandmeyer -Urban Convergence Festival Club 6-8p Paid Parking 4-8p Convergence Festival Revised December 13.2006 at 6'(10 a m SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 26 27 VRD - FP & AF Valley 28 VRD -Fall Softball 5:30- 29 VRD -Fall Softball 5:30- 30 31 VRD -Convergence sports Assoc Youth Soccer; 8:30p 8:30p VRD: AF Rugby 6-8p Festival lam to 7pm concert 4-7p VRD - FP -Adult SB VRD - FP -Adult SB VRD - FP -Adult SB VRD - FP -Adult SB 5:30 - 8:30 p 5,30 - 8:30 p 5,30 - 8:30 p Paid Parking??? 5:30 - 8:30 p VRD: AF Rugby 6-8p VRD: AF Pepi's Soccer VRD - FP & AF Valley VRD - FP & AF Valley VRD - FP & AF Valley Club 6-8p sports Assoc Youth Soccer; sports Assoc Youth Soccer; sports Assoc Youth Soccer; VRD - FP & AF Valley 4-7P ' 4-7p 47p sports Assoc Youth Soccer; VRD - AF Volleyball courts- 47p Volleyball League 5p-8p VRD: AF Pepi's Soccer Club 6-8p 2006 FORD PARK SCHEDULE Revised December 13, 2006 at 8:00 a.m. SEPTEMBER SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY .FRIDAY SATURDAY VRD: AF Pepi's Soccer 1 Club 6-Sp VRD - AF -Rugby Match; VRD -Upper softball fields 1 p-4p -Chimera Circus VRD -Upper softball fields 8a -10p (1:30, 4:30 and -Chimera Circus 7:30 shows) -HOLD 8a -10p (1:30, 4:30 and 7:30 shows) -HOLD 2 3 VRD - FP & AF Valley 4 VRD - FP & AF Valley 5 VRD - FP & AF Valley 6 VRD - FP & AF Valley 7 8 VRD - AF -Rugby VRD -Upper softball fields sports Assoc Youth Soccer; sports Assoc Youth Soccer; sports Assoc Youth Soccer; sports Assoc Youth Soccer; VRD: AF Pepi's Soccer Match;1 p-4p -Chimera Circus 4-lp 4-7p 4-7p 4-7p Club 6-8p 8a -10 1:30, 4:30 and P ( VRD -Fall Softball 5,30- VRD -Fall Softball 5:30- VRD: AF Rugby 6-8p VRD - U er softball fields PP GRFA- Repeat 7:30 shows -HOLD 8:30p 8:30p VRD -Fall Softball 5:30- VRD - FP -Adult SB -Chimera Circus Perfornance -HOLD VRD -Upper softball fields VRD: AF Rugby 6-8p 8:30p 5:30 - 8:30 p 8a -10p (7:30 pm show) -Chimera Circus VRD; AFPepi's Soccer VRD -Fall Softball 5:30- GRFA- Repeat 8a -10p (1:30, 4:30 and Club 6-8p 8:30p Perfornance -HOLD 7:30 shows) -HOLD 9 10 VRD - FP & AF Valley 11 VRD - FP & AF Valley 12 VRD - FP & AF Valley 13 VRD - FP & AF Valley 14 15 GRFA -Repeat URD -Upper softball fields sports Assoc Youth Soccer; sports Assoc Youth Soccer; sports Assoc Youth Soccer; sports Assoc Youth Soccer; VRD: AF Pepi's Soccer Perfornance -HOLD -Chimera Circus 4-lp 4-7p 4-lp 4-7P Club 6-8p 8a -10p (1:30, 4:30 and VRD -Fall Softball 5:30- VRD - FP -Adult SB GRFA -Repeat 7:30 shows) VRD -Fall Softball 5:30- 8:30p VRD -Fall Softball 5:30- 5:30 - 8:30 p Perfornance -HOLD 8:30p 8:30p VRD -Fall Softball 5:30- VRD: AF Pepi's Soccer 8:30p Club 6-8 16 VRD - AF -Flag 17 VRD - FP & AF Valley 18 VRD - FP & AF Valley 19 VRD - FP & AF Valley 20 VRD - FP & AF Valley 21 VRD: AF Pepi's Soccer 22 Football 9a-3p sports Assoc Youth Soccer; sports Assoc Youth Soccer; sports Assoc Youth Soccer; sports Assoc Youth Soccer; Club 6-8p 4=7p 4-7p 4-lp 4-7p VRD - FP -Adult SB VRD -Fall Softball 5:30- VRD -Fall Softball 5:30- VRD -Fall Softball 5:30- 5:30 - 8:30 p 8:30p 8:30p 8:30p VRD -Fall Softball 5:30- VRD: AF Pepi's Soccer 8:30p Club 6-8p 23 VRD - AF -Flag 24 VRD - FP & AF Valley 25 VRD - FP & AF Valley 26 VRD - FP & AF Valley 27 VRD - FP ~ AF Valley 28 RD: AF Pepi's Soccer 29 Football 9a-3p sports Assoc Youth Soccer; sports Assoc Youth Soccer; sports Assoc Youth Soccer; sports Assoc Youth Soccer; Club 6-8p 4-lp 4-7p 4-lp 4-lp VRD - FP -Adult SB VRD -Fall Softball 5:30- VRD -Fall Softball 5:30- VRD -Fall Softball 5:30- 5:30 - 8:30 p 8:30p 8:30p 8:30p VRD -Fall Softball 5:30- VRD: AF Pepi's Soccer 8:30p Club 6-8p 30 uecember 13, 2006 at 6:00 a.m. 2006 FORD PARK SCHEDULE Revised December 13, 2006 at 8:00 a.m. OCTOBER SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 1 2 VRD -Fall Softball 5:30- 3 VRD -Fall Softball 5,30- 4 VRD -Fall Softball 5:30- 5 6 VRD AF & FP -Vail 8:30p 8:30p 8:30p Valley Soccer Club VRD - FP ~ AF Valley VRD - FP & AF Valley VRD - FP ~ AF Valley Challenge Cup 9:OOa-6p sports Assoc Yauth Soccer; sports Assoc Youth Soccer; sports Assoc Youth Soccer; 4-lp 4-7p 4-7p 7 VRD AF & FP -Vail 8 VRD - FP & AF Valley 9 VRD - FP & AF Valley 10 VRD - FP & AF Valley 11 VRD - FP & AF Valley 12 13 Valley Soccer Club sports Assoc Youth Soccer; sports Assoc Youth Soccer; sports Assoc Youth Soccer; sports Assoc Youth Soccer; Challenge Cup 9:30a-6p 4-lp 4-7P 4-7p 4-lp VRD -Fall Softball 5:30- VRD - AF - Fiag Football VRD -Fall Softball 5:30- 8:30p VRD -Fall Softball 5:30- VRD -Fall Softball 5;30- 9a-3p 8:30p 8:30p 8:30p 14 VRD - AF -Flag 15 VRD - FP & AF Valley 16 VRD - FP & AF Valley 17 VRD - FP & AF Valley 18 VRD - FP lli AF Valley 19 20 Football 9a-3p sports Assoc Youth Soccer; sports Assoc Youth Soccer; sports Assoc Youth Soccer; sports Assoc Youth Soccer; 4-7p 4-lp 4-7p 4-lp VRD -Fall Softball 5:30- VRD -Fall Softball 5:30- VRD - Fall Soffball 5:30- VRD -Fall Softball 5:30- 8:30p 8:30p 8:30p 8:30p 21 VRD - AF -Flag 22 23 24 25 26 27 Football 9a-3p VRD -Fall Softball 5:30- VRD -Fall Softball 5:30- VRD -Fall Softball 5:30- VRD -Fall Softball 5:30- . 8:30p 8:30p 8:30p 8:30p 28 VRD - AF -Flag 29 30 31 29 Football 9a-3p VRD -Fall Softball 5:30- VRD -Fall Softball 5:30- VRD -Fall Softball 5:30- 8:30p 8:30p 8:30p ~~ ~owxoFV~ Town Clerk MEMORANDUM TO: TOWN COUNCIL FROM: Stan Zemler, Town Manager RE: Legal Newspaper of Record for the Town of Vail DATE: December 13, 2006 The town annually establishes a newspaper of record for all public notices. This year, we requested a bid from Eagle Summit Publishers, owner of all the newspapers in Eagle County, and requested a bid for. the jai/Dai/y publications. The bid has been opened and the attached bid is the result of the bid proposal. The newspaper of record will be appointed at the evening meeting of December 19, 2006 at 6:00 p.m., or as soon thereafter as the matter can be heard. 75 South Frontage Road .Vail, Colorado 81657.970-479-2136/~.9,Y,970-479-2320 . www.vailgov.com :~ RECYCZEDPAPER Newspaper Bid Proposals for the Town of Vail for 2007 Newspaper Classified Ads/Legal Publications Display Ads Vail Dail y $0'18 Per column inch 5 /o increase from last year $3.67 Sunday-Thursday $3 89 F id 2007 Includes Internet e-edition . r ay-Saturday Includes Internet e-edition Vail Daily 2006 $3.99 Per column inch $3.50 Sun-Thurs $3.71 Fri -Sat (*5 co umn format) . (*6 column format) 5% increase from last ear Vail Daily $3.80 per column inch $3.35 per column inch 2005 (*5 column format) Sunday -Thursday (*5 column format) $3.52 per column inch (Friday-Saturday) (*6 column format) Vail Daily 2004 $3.60 per column inch $3.20 per column inch (Legals are based on a 5-column format (Display advertising, column which is 1.867" wide and 1" in depth) inch rate is based on a 6 column format which is approx. 1.53" wide by 1" in depth) MEMORANDUM TO: Town Council FROM: Stan Zemler, Town Manager Pam Brandmeyer, Assistant Town Manager Judy Camp, Finance Director DATE: April 18, 2006 SUBJECT: Update on Process to Gather Community Concepts for Disbursement of Conference Center Tax Collections BACKGROUND: In November 2005, Vail's electorate defeated an increase in the lodging tax to supplement taxes approved in 2002 to build and operate a conference center. The ballot question also contained a provision to rescind the 2002 taxes if the issue failed, which it did. As a result, on December 20, 2005, the Vail Town Council approved second reading of Ordinance No. 27, Series of 2005, which rescinded the 2002 taxes, a half-cent sales tax and 1.5 percent lodging tax, effective January 1, 2006. To bring closure to the matter, the Council was presented with the option to either determine a refund methodology for disbursement of the remaining conference center funds or prepare a ballot question to determine how such revenues shall be used. On February 7, 2006, after reviewing Conference Center Fund disbursement options, Council provided staff with the following direction: • Refund mechanism will not be pursued as a viable option due to the complications involved and loss of an overall community benefit. • Reallocation must be used to reflect the original intent of the conference center taxes to "increase occupancy and increase overall economic activity." • A community outreach process is required to build community consensus regarding a preferred reallocation concept to be considered by Vail's electorate in November 2006; ballot language must be finalized bymid-August. CONFERENCE CENTER FUND: As of December 31, 2005, the Conference Center Fund had an estimated balance of $8.2 million available for disbursement. During the three years the conference center taxes were in effect, an estimated $5.5 million was generated by the sales tax and $5.1 million collected from the lodging tax. Approximately $2.2 million was spent on research, planning, design, engineering and financing of the proposed conference center and $239,000 on management fees net of earnings on investments. Overall, the lodging tax represented 48% of the total conference center taxes collected. Another 16% of the total was generated from the half-cent sales tax levied on overnight accommodations and approximately 3% from restaurants in the town's four largest hotels. Thus, approximately 67% of the total tax was generated from guests at hotels and lodges. COMMUNITY IDEA-GATHERING PHASE: Using CounciPs direction as a framework, a series of community meetings took place during March and April to solicit ideas from the community to identify a new use for the revenue that would increase occupancy and increase overall economic activity. The meetings involved representatives from community sectors facilitated by town staff and attended by several Council members: Lodging Group March 8 16 participants Community Partners March 14 15 participants General Public Workshop March 15 6 participants Neighborhood Group March 22 7 participants Retail/Restaurant Group April 4 6 participants In addition, town staff solicited ideas from the Vail Local Marketing District, Vail Chamber & Business Association, Vail Valley Chamber & Tourism Bureau, Commission on Special Events, Planning and Environmental Commission, Design Review Board, Construction Mitigation Group and the Vail Recreation District Board. Lastly, the town solicited ideas and concepts from individuals who were unable to attend the community sector meetings. The town's web site collected 22 responses while feedback from a half dozen others were forwarded via email or telephone. Summary of Ideas & Themes• Attachment A is a summary documenting all concepts submitted during the idea- gathering phase. The ideas have been divided into two overall groupings. Section 1 outlines ideas generated during the community sector meetings in which facilitators sought consensus from the participants, while Section 2 documents ideas generated by individuals who offered their ideas independently without the benefit of a group discussion. In each section, the concepts have been sorted to reflect "capital" ideas, or those requiring construction, as well as "non-capital" ideas. Additionally, staff has provided a preliminary ranking of high, medium and low for concepts generated by the consensus-driven community sector groups. A high ranking, for example, means the idea would bring destination visitors for multiple-day stays with spending across all economic sectors while having the potential for a favorable cost-benefit ratio. Please see Attachment A for description of the remaining rankings. While this prioritization is cursory, at best, the exercise was used to identify the following themes, all of which have been identified in the "high" category: • A year-round indoor event venue was named by four of the five community sector groups as a top priority. • Specifically, re-purposing Dobson Arena to house ayear-round indoor event venue was mentioned by four of the five community sector groups. • Building upon the theme to use or renovate resources already in place, two of the five sector groups identified the Golf Course Clubhouse as a facility that should be re-purposed to meet additional community needs. • Four of the five community sector groups expressed support for additional emphasis on roue sales and marketing and/or special events funding as a top priority, with the remairnng sector identifying the activity as an important consideration. 2 RECOMMENDED NEXT STEPS: As a next step, staff recommends further analysis of one or more of the themes identified from the community meetings. Some of the analysis could be performed by staff; however, outside resources will be necessary depending upon which options are of interest. Staff could return to Council on May 2 with a recommended process, timeline and estimated cost for the analysis of options chosen by Council. Possible research scenarios include: • Re- ur osin Dobson Arena to house a ear-round indoor event venue. Research would include potential programming and spatial requirements, estimated cost of building modification, parking requirements, operational impacts, private partnership opportunities, etc. • Construction of a stand-alone ear-round indoor event venue. Two possible locations were mentioned during discussions: charter bus lot and Vail Golf Course Clubhouse area. Research would include potential programming and spatial requirements, estimated cost to build, parking requirements, operational impacts, private partnership opportunities and other sources of funding, etc. • Increase the amount of fundin available for rou marketin . Research would draw on analyses already done by VLMDAC, WCTB, HVS International and others to develop a spending proposal and estimate the potential impact on occupancy and spending in town. It should be possible to pursue both group marketing and special events with the funds available. The analysis would be done separately to provide the option to do one or both. • Increase the amount of fundin available fors ecial events. Research would draw on analyses already done by CSE, event producers and others to develop a spending proposal and estimate the potential impact on occupancy and spending in town. It should be possible to pursue both group marketing and special events with the funds available. The analysis would be done separately to provide the option to do one or both. A second possible option is as follows: • Do nothino for now and allow time for the Vail Community Plan and the Vail Recreation Master Plan to take sha e. Then use the plans to identify the community need and take to voters at that time, even if it means aone-or two- year delay. While not a theme voiced consistently during the meetings, staff is intrigued by this approach which surfaced during the Neighborhood Group meeting. ACTION REQUESTED OF COUNCIL: Staff is seeking direction from Council on next steps. Those options include: • Identify concepts that are likely to meet the criteria of increased occupancy and increased overall economic activity for additional analysis. To be considered by Vail's electorate in November 2006,. ballot must be finalized by mid-August. --and/or-- • Adjust timetable for election; November 2007 at earliest. Renew the process upon the conclusion of the Vail Community Plan and the Vail Recreation Master Plan for integrated community consensus building. ATTACHMENTS: • Summary Document of Reallocation Ideas • Notes from Community Sector Discussions 3 MEMORANDUM TO: Town Council FROM: Stan Zemler, Judy Camp, Kathleen Halloran DATE: December 14, 2006 SUBJECT• Real Estate Transfer Tax Fund Spending The following information is provided in response to Kent Logan's question regarding prior use of RETT dollars. Over the past four years (2002 - 2005), a total of $17,753,998 was spent from the RETT Fund. During the same period, $19,532,294 was collected into the fund. Spending by the categories listed in the current ordinance is as follows: 1. Acquiring, improving, maintaining and repairing real property for parks, recreation, open space and similar purposes. Examples of projects included in this category are: streetscape, Donovan Park, Seibert Circle, Black Gore Creek sand mitigation, and Pirate Ship Park. This category represents about 69% of the four-year spending. $12,331,905 2. The construction, maintenance, and repair of buildings which are incidental to park, recreation, and open space land. There were no projects that fell specifically into this classification form 2002 to 2005; however, some costs such as the Donovan Park restrooms are included in item 1. above. Also of note, projects that were not paid for by RETT are the Vail Gymnastics facility and the Ice Bubble. 3. Landscaping parks and open space. This category includes annual park maintenance, including the Betty Ford Alpine Gardens. It represents about 19% of total RETT spending over the past four years. $ 3,338,623 4. The construction, maintenance, repair, and landscaping of recreation paths set forth in the Town of Vail Recreation Trails plan as it may be amended by the Town Council from time to time. Examples include North Frontage Road bike path, Vail Valley bike path, and Cascade bike path as well as path maintenance and trailhead development. This category represents about 12% of the four-year total $ 2,083,470 For 2007, the RETT expenditures budget is $6,991,180, of which $250,000 or 3.6% is appropriated for environmental sustainability. Revenue in 2007 is projected at $8,654,970, of which $8,179,952 is from the transfer tax. Fund balance at the end of 2007 is expected to be $6,127,756. MEMORANDUM TO: Town Council FROM: Stan Zemler, Judy Camp, Kathleen Halloran DATE: December 14, 2006 SUBJECT: 2006 Third Supplemental Appropriation On Tuesday evening, you will be asked to approve the third supplemental of 2006 upon second reading. The following information is included in your packet: - Third Supplemental Appropriation Request of 2006 - Statements of Revenue, Expenditure, and Changes in Fund Balance - Ordinance No. 29 Making Supplemental Appropriations to the 2006 Budget The following changes are included for second reading: Capital Projects Fund Streetscape construction expense was increased by $995,429, offset by the same amount of revenue to be collected from project reimbursements. Per discussion on December 5, $9,000 has been added to the LionsHead Parking Structure Request for Proposal (RFP) process for a second appraisal. Real Estate Transfer Tax Fund (RETT~ Private contributions of $32,000 for Seibert Circle are included in revenue. This amount is the total cash received to date. The amount appropriated for Siebert Circle is increased by $125,000, which is the amount expected to be raised by March 31, 2007. General Fund Two unexpected flooding incidents in our employee housing units require supplementing $5,000 toward Building Repair & Maintenance. Health Insurance Fund As discussed in the first reading, we are experiencing a higher than average rate of health insurance claims in 2006. Two additional serious medical situations were identified after submission of the third supplemental. Given the uncertainty of this situation and several others previously identified, we have increased the appropriation for insurance claims by an additional $110,700 bringing the total amount appropriated to $2.36 million. This results in a potential $430,700 net reduction in the fund balance which is accumulated for such unusual claims. The remaining fund balance of $475,154 is approximately 21 % of the fund's annual revenue and is still sufficient to cover the maximum liability projected by our insurance consultants for 2007. We will monitor the claims closely and reevaluate the reserve balance at year-end. F:\FINANCE\BUDGETBUDGET 07\Town Council Memos & Analysis\061219 3rd supp.doc Proposed Supplemental Appropriations and Budget Adjustments #3 of 2006 Revenue Expenditure Increase Increase Description (Decrease) (Decrease) Reason Sales Tax Revenue 423,900 Based on current collections Traffic Impact 85,000 Manor Vail Miscellaneous 219,525 Sale of "Bubble" Proj. Reimb /Shared Costs (27,000) Vail Resorts agreement not renewed Capital Outlay/ Buildings 295,508 Purchase of Vail Das Shone unit Professional Fees 20,000 Timber Ridge re-development consulting and appraisal Way-Finding signs 13,363 Construction mitigation way-finding signs (transferred from Gen'1 Fund) Proj. Reimb i Shared Costs 995.429 Streetscape 2006 project reimbursement Construction Services 995,429 Expenses related to streetscape 2006 project reimbursement Professional Fees 9 000 l~ppraisal J co^sulting fees Yot LH Parking structure RFP Subtotal Capital Projects Fund 1,696,854 1,333,300 Seibert Circle -Contributions 32,OOp Current cash collected Seibert Circle -Expense 125,000 Supplementing now for 2007 roll-over ITT T~ (675,u00) Reduction in RETT Tax collection estimate RETT Collection Expense Subtotal RETT projects Fund 6 (33,750) Less fees will be paid to Gen'1 Fund due to decrease in RETT Tax collection estimate ( 43,000) 91,250 RETT Collection Fees Pazking Revenue -Vail Village Pazking Revenue - Lionshead Pazking Revenue -Pazking Passes Signs & Sign Materials Proj. Reimb / Shazed Costs Misc. Special Events Construction Permits Street Cut Fees / PW Permits Plan Check Fees Comm Dev - Reimburseables County Road & Bridge Tax Other Federal Grants Community Policing Support Overtime Benefits Other Federal Grants Charter Bus Service Transit Overtime Parking Fines Other Fines Fire Stn 2 Housing Seasonal Salary Expense Fire -Salaries Fire - OT 3rd Party /Insurance Payments Proj. Reimb / Shazed Costs Manhole Cover Revenue Manhole Jewelry Revenue Shipping Chazges Overnight Express (33,750) Less fees will be collected due to decrease in RETT Tax collection estimate 240,000 Projected estimate for year-end 225,000 Projected estimate for yeaz-end 80,000 Projected estimate for yeaz-end (13,363) Construction mitigation way-finding signs -transfer to Capital 6,000 Eagle County contribution for fireworks display (not originally budgeted) 6,000 Pass thru County contribution to event producer for fireworks display 700,000 Based on current overage 30,000 current overage 275,000 current overage 350,000 current overage of $136K plus projected payouts related to Ft. Door, Manor Vail, Four Seasons, Solazis 35,000 current overage 19,874 CDOT Underage Drinking grant (not budgeted) 16,205 CDOT Underage Drinking grant (not budgeted) 4,005 CDOT Underage Drinking grant (not budgeted) 619 CDOT Underage Drinking grant (not budgeted) 12,578 Drug Enforcement Grant 25,000 curent overage plus Birds of Prey (had already supplemented $75K in June) 19,500 Related to Charter revenue 17,000 current overage vs full yeaz budget 36,000 current overage vs full year budget 13,175 current overage plus projected 17,000 relates to revenue above & change in Fire Student program 24,000 3 Supervisors were out on disability during the year so paying disability wages plus to replace them 16,000 3 Supervisors were out on disability during the year so paying disability wages plus to replace them 56,000 Worker's Comp dividend payout from Pinnacol (192,000) Vail Resorts agreement not renewed 12,044 Manhole cover sales 10,810 Manhole cover jewelry sales 854 Charges for shippping 854 Cost to ship Supp 3 of 2006 - t - ~~nnnnna .n.~n ... Proposed Supplemental Appropriations and Budget Adjustments #3 of 2006 Revenue Expenditure Increase Increase Description (Decrease) (Decrease) Reason Drainage Materials 7,057 Cost of manhole covers and special finishes MH Jewelry 7,505 Cost of jewelry Police -Miscellaneous 10,051 40th Anniversary Police -Expense Police -Miscellaneous 9,969 40th Anniversary Police -Revenue Special Donations 1,225 Freedom pazk bricks for 8 Chiefs Special Donations 800 Freedom pazk bricks for 8 Chiefs Special Donations 1,234 Rescue Dog Special Donations 775 Rescue Dog Library Grants -Deferred Revenue 5,823 Library Materials Library Grants 10,013 Library Grants -Deferred Revenue 5,167 Book Sale proceeds Library Grants 579 Library Grants -Deferred Revenue 766 Cortland Grant Library Grants 360 Miscellaneous Contributions (10,000) Off cycle contributions adjustment Contract Services 3,300 Wireless RFP consulting fees General Liability 23,479 Changes to assets covered; marking backup to original budget amount Volvo Contract (20,000) 2006 Annual amount paid $40K; adjust budgetof $60K Housing -Building Repairs & Maint 5,000 2 unexpected flooding incidents eazlier in the year Subtotal General Fund 1,572,769 499,739 Recruiting /Advertising 5,000 Director and dispatcher positions advertising Subtotal Dispatch Fund 0 5,000 Captial Outlay /Vehicles Subtotal Heavy Equipment Fund Earnings on Investments Subtotal Conference Center Fund Insurer Proceeds Claims Paid Subtotal Health lns Fund Net increase / (decrease) 0 31,323 184,000 Projected earnings 184,000 - 65,000 49S 700 Ap additional $110.7K ryas included for recent claim activity, 65,000 495,700 2,875,623 2,456,312 419,311 31,323 Price increase for snow plow trucks purchased (relates to new'07 emissions regulations) Supp 3 of 2006 -2- 19i~a~nna +n•sn ewe TOWN OF VAIL 2007 BUDGET PROPOSAL SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE GENERAL FUND 2006 2006 Proposed 2007 Fav (Unfav) 2005 Original Amended Proposed vs 2006 Actual Budget Budget Budget Amended Revenue Local Taxes: Sales Tax Split bJt Gen'I Fund & Capital Fund Sales Tax Property and Ownership Ski Lift Tax Franchise Fees, Penalties, and Other Taxes Licenses & Permits Intergovernmental Revenue Parking Charges for Services Fines & Forfeitures Earnings on Investments Rental Revenue Miscellaneous and Project Reimbursements Total Revenue Expenditures Salaries Benefits Subtotal Compensation and Benefits 52/48 60/40 63/37 $ 8,796,600 $ 9,345,660 $ 9,345,660 $ 10,741,500 1,395,840 2,627,877 2,914,000 $ 2,929,068 3,007,998 78,930 2,777,698 2,620,000 $ 2,800,000 2,890,000 90,000 864,543 819,000 $ 819,000 807,000 (12,000) 2,552,470 1,936,575 $ 3,541,575 1,883,550 (1,658,025) 1,401,068 1,268,684 $ 1,402,512 1,283,200 (119,312) 3,651,538 3,248,000 $ 3,918,000 3,600,380 (317,620) 936,865 903,832 $ 740,832 837,856 97,024 215,105 195,000 $ 248,000 201,500 (46,500) 428,851 150,000 $ 150,000 425,000 275,000 780,214 765,913 $ 784,096 754,908 (29,188) 538,808 261,550 $ 231,267 70,000 (161,267) 25,571,637 24,428,214 26,910,010 26,502,892 (407,118) 10,733,956 11,250,569 $ 11,403,124 12,099,741 (696,617) 3,664,993 3,928,957 $ 3,937,526 4,240,927 (303,401) 14,398,949 15,179,526 15,340,650 16,340,668 (1,000,018) Contributions and Special Events 746,306 954,650 $ 1,028,460 1,176,664 (148,204) All Other Operating Expenses 4,969,365 5,650,663 $ 6,600,152. 5,974,016 626,136 Heavy Equipment Operating Charges 1,604,875 1,803,299 $ 1,835,477 1,946,418 (110,941) Heavy Equipment Replacement Charges 575,527 578,738 $ 578,738 631,723 (52,985) Dispatch Services 559,034 525,994 $ 525,994 512,427 13,567 Total Expenditures 22,854,056 24,692,870 25,909,471 26,581,916 (672,445) Revenue Over (Under) Expenditures 2,717,581 (264,656) 1,000,539 (79,024) (1,079,563) Transfer to Capital Projects Fund (68,990). $ (2,000,000) Transfer from Capital Projects Fund 29,300 Transfer to RETT (38,197) $ (9,378) Transfer to Dispatch Services Fund (19,500) Beginning Fund Balance 11,053,614 11,533,797 13,673,808 12,664,969 Ending Fund Balance $ 13,673,808 $ 11,269,141 $ 12,664,969 $ 12,585,945 47.5% -3- TOWN OF VAIL 2006 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND Revenue Sales Tax Federal Grant Revenue Lease Revenue Transfer from General Fund Transfer from Dispatch Project Reimbursement Eagle County Grant Revenue Earnings on Investments and Other Total Revenue Expenditures Land Purchases Vail Das Shone Unit Wendy's Property Capital Maintenance Expenditures Bus Shelters Parking Structures Facilities Capital Street Maintenance Dobson Ice Arena Creekside Housing Improvements Street Light (mprovements Fire infrastructure improvements Fire Truck Rebuild /Refurbish Patrol Car Video Cameras Jail Video System Upgrade Police Radio AMP in parking structures Comm Dev Plotter Document Imaging Software Licensing Computer Software/Hardware Comm Dev Interactive Permit software Fire Suppression in Computer Rooms Website and e-commerce 2006 2006 Proposed 2007 2005 Original Amended Proposed Actual Budget Budget Budget Project Information 7,994,557 $ 6,230,440 7,854,340 $ 6,308,500 2006 increase; 2007: 37% of total sales tax projections 19,500 811,800 2,191,832 Bus replacements 188,160 150,000 190,000 187,800 Lease revenue from City Market & employee housing 68,990 - To fund Multi-Purpose Recreation Facility 17,020 _ 2,099,960 27,000 1,325,429 27,000 CDOT Reimbursement for Street R&M; $995K Streetscape reimbursement - 250,000 500,000 - West Vail Fire Station 412,765 19,000 324,000 16 000 2006: $220K from sale of "Bubble"; $85K from Traffic Impact Fees 10,800,952 7,488,240 12,385,601 6,539,300 295,508 Purchase of employee housing unit 2,026,000 Cost of land and associated surveys, soil tests, attorney fees, etc. 15,494 10,000 10,000 30,000 472,865 627,000 662,875 455,000 Various Pking Structure Improv,'O6 heat entry ramp,'07 elevator replacmnt 286,612 365,000 409,888 446,000 Various Facility Capital Improv., '07 re-roof MV Fire Station 1,290,398 1,006,940 1,600,874 830,000 Street R&M related to Intemgovemmental Agreement with CDOT 2,100 7,900 33,123 50,000 66,877 75,000 Add new street lights and refurbish residential lighting program Masterplan Costs/DesignNV. Vail Fire Station contingent on the ability to fund 403 500,000 770,264 2,000,000 operations. Remodel of Main Vail Station 240,000 588,000 50% Replace pumper'06, 50% pumper and refurbish Aerial Pumper'07 26,495 45,000 15,755 161,521 47,914 VehiGe Expansion 7,371 Donovan Park Pavilion 12,366 Gymnastics Facility 57,992 Flammable. storage / Mag Chloride secondary contaimt Fiber Optics in Buildings 72,823 - 12,000 50,000 Would allow for radio coverage in lower levels of parking structures 9,000 9,000 40,000 40,000 97,000 OCE maintenance, software upgrades, contract position 67,000 67,000 77,000 80,417 72,000 - 65,000 Allows customers to order inspections and review results online - 35,500 12,000 12,000 20,000 Internet security & application interfaces 06 Gator for parking structure enforcement; '07 CEO vehicle & truck for Public 45,429 44,800 Works 29,634 12,000 Red Sandstone facility 24,000 24,000 Flammable storage cabinets,Mag Chloride secondary containment 15,000 15,000 15,000 Cabling /Network Infrastructure -4- TOWN OF VAIL 2006 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND 2006 2006 Proposed 2007 2005 Original Amended Proposed Actual Budget Budget ~ Budget Project Information Way Finding Improvements 63,347 Construction mitigation signage Buy-down Program 10,000 100,000 283,500 100,000 Repower Buses 126,000 - Building Remodels - 50,000 Networking upgrades /new UPS for computer room - 45,000 CAD/RMS 234,633 Maintenance Paid for b Ca it l F d 50,000 52,260 92 500 County wide Computer Aided Dispatch/Records Mgmt System y p a un 2,747,865 3,078,940 4,547,265 5,122,800 Capital Replacement Expenditures West & East Meadow Drive 192,268 900,000 1,100,000 Construct streetscape, drainage, lighting, public art, landscaping; adds maintenance East Meadow Drive-Streetscape Heat 965,000 907,092 965,000 1,180,000 from Library to Fire Station Per Council's request 9/21/04 Village Streetscape Crossroads Streetscape 2,953,677 1,535,300 3,992,226 Increased for project reimbursement expenditures (see revenue above) Neighborhood Road Reconstruction - Removed a $1.3M item; developer responsible for streetscape in that area Neighborhood Bridge Reconstruction - Overhaul residential streets Fire Breathing Apparatus 24,470 30,000 - 30,000 - Overhaul residential bridges Replacement of cylinders/compressor Parking Equipment Replacement _ _ 800 Radio Equipment Heavy Duty Tire Changer (22 yrs old) - Replacement of existing radios for PW, Fire, PD GPS for Buses 31,169 375,000 - 362,500 17,500 Police Copier 10,489 New copier for Comm Dev - 17,000 Replace Buses 31,758 2,398,942 - Replacement Paid for by Capital Fund 3,243,831 3,805,300 8,655,760 2,314,500 Other Improvements I-70 Noise 115,491 250,000 592,209 250,000 TOV Strategic Planning LH Parking Structure RFP Process 57,527 50,000 168,282 150,000 Including Village, LionsHead, West Vail, StrategiGCommunity Planning Professional Fees 51,500 $9K for appraisal per Council meeting 12/5106 Timber Ridge Legal/Zoning 20,000 Timber Ridge -redevelopment consulting and appraisal Timber Ridge Loan 700,000 25,000 _ Continue implementation of drainage master plan,'06 w/Cap Streets Timber Ridge Debt Service Guarantee 925,000 925,000 Lionshead Improvements 115,367 Design costs to implement Town improvements: Construction costs for LH Drainage Improvements 11,128 200,695 _ Redevelopment will be funded from developer contributions, TIF & other sources Intermodal Site Total Other Improvements 9 Pushed to 2012; Federal funding inGuded in revenue 99,513 1,225,000 1,982,686 400,000 Discretionary Projects Bio-Mass Study 50,000 Frontage Road -Ford Park -5- TOWN OF VAIL 2006 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN -FUND BALANCE CAPITAL PROJECTS FUND Municipal Bldg - HVAC Renovation Creekside Housing Improvements LH Information Center Renovation Total Discretionary Projects Total Expenditures W. Vail Station Bonds Main Vail Renovations Bonds W. Vail Station Debt Service Main Vail Renovations Debt Service Transfer for Debt Service Transfer From General Fund Transfer to General Fund Total Financing Revenue Over (Under) Expenditures Beginning Fund Balance Ending Fund Balance 2006 2006 Proposed 2007 2005 Original Amended Proposed Actual Budget Budget Budget Project Information - - - 50,000 6,991,209 8,109,240 17,507,219 7,887,300 2,000,000 Certificates of Participation (GOP's) 25 year term (GOP's) 15 year term (57,213) (2,422,154) (2,236,200) (2,236,200) (2,322,497) To fund debt service on ail Town bonds 2,000,000 _ (29,300) (2,451,454) (2,236,200) (236,200) (379 710) 1,358,289 (2,857,200) (5,357,818) (1,727,710) 7,150,902 4,847,985 9,209,191. 3,851,373 $ 8,509,191 $ .1,990,785 $ 3,851,373 $ 2,123,663 -6- TOWN OF VAIL 2007 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX FUND REVENUE Real Estate Transfer Tax Federal Grant Golf Course Lease Lottery Revenue Project Reimbursements 2006 2006 Proposed 2007 2005 Original Amended Proposed Actual Budget Budget Budget Project Information $ 6,206,058 $ 6,175,000 5,500,000 $ 8,179,952 2006 reduction based on current projections 28,000 Grant award for TimberRidge-Buffehr Crk road seperation 109,462 119, 435 119,435 123,018 21,987 20,000 20,000 20,000 199 769 234,034 150,000 Earnings on Investments and Other 255,235 56,000 56,500 57,000 Transfer from GF 38,197 9,378 Recreation Amenity Fees 370,157 125,000 125,000 125 000 Total Revenue 7,228,865 6,495,435 6,064,347 8,654,970 EXPENDITURES VRD ADA compliance & Greenplay, Cascade Village, Holy Cross; $32K Seibert contributions For Manhole cover sales profits in 2005 RETT Collection Costs Park Path 8, Landscape Mainten 304,393 9 308,750 275,000 408,998 Collection fee remitted to the General Fund; reduction related to revenue adj. , ance Rec. Path Capital Maint 20,195 1,213,768 1,213,768 1,260,802 Ongoing path, park and open space maintenance, project mgr Tree Maintenance 63,628 140,000 112,000 216,300 Capital maintenance of the town's rec. path system Forest Health Management 47,349 33,000 72,651 87,000 Tree health within the town; spraying, removing, new trees VRD Agreements !Recreation Master Planning 50,000 250,000 342,188 250,000 Pine beetle mitigation in conjunction w/ forest service Street Furniture Replacement 6 539 25 000 60,000 55 491 50,000 2 Recreation master planning with VRD contract with Greenplay ADA Compliance w/ VRD , 69,626 , 50,000 , 120,000 0,000 50,000 Additions and replacement of street furniture Shared costs with VRD -recreational facilities Katsos Ranch Bike Path Cascade Skier Bridge 500,000 500,000 750,000 Resurface rec path from Sunburst to E. Vail Cascade Bike Path 3,793 331 016 60,000 - Adjustment to skier bridge reconstruction per June 6th Council Meeting Widening of W.Haven Dr. Ped Bridge , 313,984 - Widen recreation path from W. Haven to tennis courts Timber Ridge-Buffehr Creek Rd separation 94,620 - - 675,000 .From TimberRidge to Roost Lionshead to Meadow Bridge _ _ Streamwalk DA 8 Safety improvements _ Trailhead Development Village Streetscape Design & Implement 32,163 2,525,000 20,000 1,250,000 24,392 1,250,000 21,000 Improvetrailheads Meadow Drive 7,973 1,025,000 1,042,027 920,000 Frontage Road Bike Lanes/Trails 66 716 _ Construct widened 6' shoulders along all frontage roads; first priority is Blue Cow Dobson Roof Replacement , _ - Chute to East Vail Raw Water project Stream Tract Incursion Survey 540 27,557 Convert parks from treated water to raw water 119 34,881 Pirate Ship Park 47,900 - Big Hom Park -Per Safety plan Red Sandstone Park -Per Safety plan 6,003 218,997 Fund Path from Red Sandstone Pedestiran Brdg to Roundabout Stephens Park Safety Improvements - _ 58,000 Ellefson Park Safey Improvements _ Retrofit Park Restrooms - 3 seasons 200,000 200,000 _7_ TOWN OF VAIL 2007 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX FUND 2006 2006 Proposed 2007 2005 Original Amended Proposed Actual Budget Budget Budget Project Information Park /Playground Capital Maintenance 112,831 95,000 100,000 To maintain playgrounds, restrooms etc. Public Art 19,474 95,000 261,578 75,000 , re-adjusted to reflect Council's wish to fund at historical level Art in Public Places 55,127 58,732 58,732 66,000 AIPP salary and operating expenses related to RETT Bear Proof Containers 19,500 180,000 In TOV parks & trailheads; '07 bring our cans into compliance Alpine Garden Support 122,000 80,000 80,000 54,080 06 Interpretive stations/payers Black Gore Creek Sand Mitigation 100,000 100,000 100,000 100,000 Seibert Circle 548,294 75,000 745,706 $125K supplementing for 2007 roll-over (revenue offset from contributions) Donovan Park 639 .49,050 White Water Park Gore Creek Promenade Bridge 118,317 118,317 Funds 3rd hole at Whitewater Park 125,000 295,000 Skate Park Vail Memorial Park 300,000 400,000 Per councils request 10/19/04 Booth Creek Playground 50,000 50,000 Part of council's contributions - 422,000 Ford Park Master Plan -Improvements _ Resulting from Recreation Master plan (parking, recreation buildings); Left entry Lionshead park 100,000 lane; Re-master Ford Park b/c of parking potential Landscape Medians - - 139,000 570,000 Crossroads construction a factor; may be in 07/08 Public Restrooms _ W. Meadow Drive & Vail Road (linked to Main Vail Fire Stn) Environmental Sustainability - 250,000 Wind power; Green programs; Recycling etc PENDING APPROVAL Turf Topdresser 12,000 , Open Space Land Acquisition 6,553 300,000 793,447 Capital Paid for by RETT Funds: 5,447,871 6,317,567 9,083,886 6,835,180 Discretionary Projects Greenhouse Tennis Center Improvements 100,000 New and expanded greenhouse Golf Course & Clubhouse Improvements 56,000 - Per council 12/5/06 delete'07 projection until a better estimate is availabl Nature Center , e Total Discretionary Projects - - - 156,000 Total Expenditures 5,447,871 6,317,567 9,083,886 6,991,180 Revenue Over (Under) Expenditures 1,780,994 177,868 (3,019,539) 1,663,790 Beginning Fund Balance 5,682,551 4,689,040 7,483,505 4,463,966 Ending Fund Balance $ 7,463,545 $ 4,866,908 4,463,966 $ 6,127,756 -8- TOWN OF VAIL 2007 BUDGET PROPOSAL SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE VAIL MARKETING FUND 2006 2006 Proposed 2007 2005 Original Amended Proposed Actual Budget Budget Budget Revenue Business Licenses $ 302,854 $ 304,000 $ 304,000 $ 304,000 Earnings on Investments 2,410 - - Total Revenue 305,264 304,000 304,000 304,000 Expenditures Commission on Special Events 279,500 280,000 $ 280,000 280,000 Collection Fee -General Fund 15,143 15,200 $ 15,200 15,200 Total Expenditures 294,643 295,200 295,200 295,200 Revenue Over (Under) Expenditures 10,621 8,800 8,800 8,800 Beginning Fund Balance 25,590 32,030 36,211 45,011 Ending Fund Balance $ 36,211 $ 40,830 $ 45,011 $ 53,811 DEBT SERVICE FUND 2006 2006 Proposed 2007 2005 Original Amended Proposed Actual Budget Budget Budget Revenue Transfer from Capital Projects Fund $ 2,422,154 $ 2,236,200 $ 2,236,200 $ 2,322,497 Earnings on Investments and Other 17,527 - - Total Revenue 2,439,681 2,236,200 2,236,200 2,322,497 Expenditures Principal 1,695,000 1,755,000 $ 1,755,000 1,810,000 Interest Expense 620,299 562,324 $ 562,324 512,099 Fiscal Agent Fees 1,098 2,500 $ 2,500 2,500 Total Expenditures 2,316,397 2,319,824 2,319,824 2,324,599 Revenue Over (Under) Expenditures 123,284 (83,624) (83,624) (2,102) Beginning Fund Balance 182,238 286,593 305,522 221,898 Ending Fund Balance $ 305,522 $ 202,969 $ 221,898 $ 219,796 -9- TOWN OF VAIL 2007 BUDGET PROPOSAL SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE HEAVY EQUIPMENT FUND 2006 2006 Proposed 2007 2005 Original Amended .Proposed Actual Budget Budget Budget Revenue. Town of Vail Interagency Charge 2,240,908 2,452,651 2,484,829 2,578,141 Insurance Reimbursements & Other 63,834 37,900 37,900 37,900 Earnings on Investments 21,286 8,000 8,000 8,000 Equipment Sales and Trade-ins 93,612 49,330 49,330 49,330 Total Revenue 2,419,640 2,547,881 2,580,059 2,673,371 Expenditures Salaries & Benefits 765,702 878,289 878,289 926,331 Operating, Maintenance & Contracts 917,740 937,100 994,868 987,873 Capital Outlay 557,593 384,171 415,494 671,300 Total Expenditures 2,241,035 2,199,560 2,288,651 2,585,504 Revenue Over (Under) Expenditures 178,605 348,321 291,408 87,867 Beginning Fund Balance 663,856 802,191 842,461 1,133,869 Ending Fund Balance $ 842,461 $ 1,150,512 $ 1,133;869 $ 1,221,736 HEALTH INSURANCE FUND 2006 2006 Proposed 2007 2005 Original Amended Proposed Actual Budget Budget Budget Revenue Town of Vail Interagency Charge -Premiums 1,859,046 1,970,800 1,970,800 2,242,900 Employee Contributions 243,675 248,600 236,100 241,600 Insurer Proceeds 16,108 - 65,000 5,000 Earnings on Investments 25,745 13,500 26,000 27,200 Total Revenue 2,144,574 2,232,900 2,297,900 2,516,700 Expenditures Health Inuurance Premiums 255,276 279,000 295,100 299,400 Claims Paid 1,806,867 1,864,300 2,360,000 2,143,800 Short-term Disability Pay 57,144 56,000 56,000 56,000 Professional Fees 26,750 33,600 17,500 17,500 Total Expenditures 2,146,037 2,232,900 2,728,600 2,516,700 Revenue Over (Under) Expenditures (1,463) - {430,700) - Beginning Fund Balance 907,317 907,317 905,854 475,154 Ending Fund Balance 905,854 907,317 475,154 475,154 -10- TOWN OF VAIL 2006 BUDGET PROPOSAL SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE DISPATCH SERVICES FUND 2006 2006 Proposed 2007 2005 Original Amended Proposed Actual Budget Budget Budget Revenue E911 Board Revenue 345,660 473,074 488,465 563,654 Interagency Charges 819,504 864,376 864,376 901,858 Town of Vail Interagency Charge 559,034 525,994 525,994 512,427 Earnings on Investments 8,582 - - - E911 BOARD Capital Grant - - - - Project Reimbursement 21,870 - 24,750 - Other 23,040 9,186 Transfer from General Fund 19,500 - - - Total Revenue 1,797,190 1,863,444 1,912,771 1,977,939 Expenditures Salaries & Benefits 1,349,772 1,418,874 1,428,060 1,470,322 Operating, Maintenance & Contracts 389,908 367,398 397,148 475,119 Capital Outlay - 12,250 27,641 50,000 Total Expenditures 1,739,680 1,798,522 1,852,849 1,995,441 Revenue Over (Under) Expenditures 57,510 64,922 59,922 (17,502) Transfer to Capital Projects Fund (17,020) - - - Beginning Fund Balance 207,114 233,175 247,604 307,526 Ending Fund Balance 247,604 298,097 307,526 290,024 -11- TOWN OF VAIL 2007 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE CONFERENCE CENTER FUND 2006 2006 Proposed 2007 2005 Original Amended Proposed Actual Budget Budget Budget Revenue Taxes Sales Tax 1,975,124 - - - Public Accomodations Tax 1,833,626 - - - Penalties and Interest on Delinquent Taxes 14,471 Subtotal Taxes 3,823,221 - - - Other Earnings on Investments Total Revenue Expenditures -General Government Management Fee General Supplies and meetings Capital Outlay Total Expenditures Revenue Over (Under) Expenditures Beginning Fund Balance 207,920 91,000 275,000 300,000 4,031,141 91,000 275,000 300,000 191,161 - - - 1,293,437 - - - 1,484,598 - - - 2,546,543 5,691, 334 91,000 275,000 300,000 7,684,944 8,237,877 8,512,877 Ending Fund Balance 8,237,877 7,775,944 8,512,877 8,812,877 -12- ORDINANCE N0.29 SERIES OF 2006 AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HEALTH INSURANCE FUND, HEAVY EQUIPMENT FUND, AND DISPATCH SERVICES FUND OF THE 2006 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE EXPENDITURES OF SAID APPROPRIATIONS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2006 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 22, Series of 2005, adopting the 2006 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain supplemental appropriations and budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following supplemental appropriations and budget adjustments for the 2006 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the expenditure or (reduction) of said appropriations as follows: General Fund $ 499,739 Capital Projects Fund 1,333,300 Real Estate Transfer Tax Fund 91,250 Heavy Equipment Fund 31,323 Health Insurance Fund 495,700 Dispatch Services Fund 5,000 Total $ 2,456,312 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any -1- reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town. of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 5th day of December, 2006, and a public hearing shall be held on this Ordinance on the 19th day of December, 2006, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. ATTEST: Rod Slifer, Mayor Lorelei Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 5th day of September, 2006 ATTEST: Rod Slifer, Mayor Lorelei Donaldson, Town Clerk -2- ORDINANCE N0.31 Series of 2006 AN ORDINANCE AMENDING SECTION 2-6-9 OF THE VAIL TOWN CODE, CONCERNING USE OF THE REAL ESTATE TRANSFER TAX FUND, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado, is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council (the "Council") of the Town of Vail have been duly elected and qualified; and WHEREAS, in an effort to be the premier mountain resort community, the Town has committed to provide its. citizens and guests with "a superior level of environmentally sensitive services" in addition to "vision, leadership and stewardship in an environmentally responsible manner;" and WHEREAS, to achieve the goals stated above and for the environmental sustainability of the Town, the Council has determined that certain text amendments are necessary to the Vail Town Code as they relate to the use of the Town of Vail Real Estate Transfer Tax Fund; and WHEREAS, The Council finds that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. Section 2-6-9 of the Vail Town Code is hereby amended to read as follows: (additions are shown in bold and underline; deletions are shown in ): 2-6-9: REAL ESTATE TRANSFER TAX FUND: A. Creation; Purpose: All funds received by the Town pursuant to this Chapter shall be deposited in the Real Estate Transfer Tax Fund, which Fund is hereby created. The Fund shall be subject to appropriation for only the following purposes within the Town or within one mile of the boundaries of the Town. However, it is the express intention of the Town of Vail that in any annual budget cycle the Town Council shall ensure that the fund can adequately Ordinance No. 31, Series of 2006 1 satisfy the purposes set forth in subsections one through four (1-4) below, and that the purposes described in subsections one through four (1-41 are in fact satisfied, prior to the Town Council's aapropriation of any amount from the fund to be used for the purposes listed in subsection five (5). 1. Acquiring, improving, maintaining, and repairing real property for parks, recreation, open space and similar purposes. 2. The construction, maintenance, and repair of buildings which are incidental to park, recreation, and open space land. 3. Landscaping parks and open space. 4. The construction, maintenance, repair, and landscaping of recreation paths set forth in the Town of Vail Recreation Trails plan as it may be amended by the Town Council from time to time. 5. Supporting sustainable environmental practices as approved by the Town Council, which may include but shall not be limited to expenditures related to: recycling, forest and ecosystem health, water ~auality, air quality, noise, wildlife protection, natural resource protection, alternative energy technologies, energy efficiency or any similar purpose as determined necessary for the environmental health and welfare of the Town of Vail, its inhabitants and its environs in the discretion of the Town Council. ~6. Paying incidental costs and principal of and interest on any funds borrowed for the purposes set forth in this subsection. B. Building Defined: For the purposes of this Chapter, building shall mean any structure having a roof supported by columns or walls, or any other enclosed structure for the housing of persons, animals, or property. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance Ordinance No. 31, Series of 2006 2 shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances,. or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21St day of November, 2006 and a public hearing for second reading of this Ordinance set for the 5th day of December, 2006, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 19th day of December, 2006. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 31, Series of 2006 3 ORDINANCE NO. 33 Series of 2006 AN ORDINANCE AMENDING SECTION 12-6E-3, CONDITIONAL USES, VAIL TOWN CODE, TO ADD "BUSINESS OFFICE" AND "PROFESSIONAL OFFICE" AS CONDITIONAL USES IN THE RESIDENTIAL CLUSTER (RC) DISTRICT AND SECTION 12-16-7, USES SPECIFIC CRITERIA AND STANDARDS, VAIL TOWN CODE, TO ADD USE SPECIFIC CRITERIA AND STANDARDS FOR BUSINESS OFFICES AND PROFESSIONAL OFFICES, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed amendments in accordance with the provisions of the Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments further the development objectives of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of this text amendment by a vote of 5-0-0 at its November 13, 2006, meeting, and has submitted its recommendation to the .Town Council; and WHEREAS, the Vail Town Council finds that the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and WHEREAS, the Vail Town Council finds that the amendments further the general and specific purposes of the Zoning Regulations; and WHEREAS, the Vail Town Council finds that the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Ordinance No. 33, Series of 2006 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-6E-3 (Conditional Uses; Residential Cluster District) of the Vail Town Code shall hereby be amended as follows: The following conditional uses shall be permitted in the RC district, subject to issuance of a conditional. use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfast as further regulated by section 12-14-18 of this title. Business office, as further regulated by section 12-16-7(A)(13) Dog kennel. Funiculars, and other similar conveyances. Home child daycare facility as further regulated by section 12-14-12 of this title. Professional office, as further regulated by section 12-16-7(A)(13) Private clubs. Public buildings, grounds and facilities. Public or private schools. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Type III employee housing units (EHU) as provided in chapter 13 of this title. Section 2. Section 12-16-7 (Use Specific Criteria and Standards) of the Vail Town Code shall hereby be amended as follows: (Text which is to be added is indicated as bold italics.) The following criteria and standards shall be applicable to the uses listed below in consideration of a conditional use permit. These criteria and standards shall be in addition to the Ordinance No. 33, Series of 2006 2 criteria and findings required by section 12-16-6 of this chapter.. A. Uses And Criteria: 13. Business Offices and Professional Offices in the Residential Clusterzone district: i. Offices for physicians, dentists and similar medical practices shall be excluded in fhe Residential Cluster zone district. ii. Business and professional offices shall be secondary to the residential use of the District. The net floor area of the office use shall be no greater than 15% of the allowable gross residential floor area of the development site. iii. The sale of merchandise shall be prohibited. iv. Off-street parking shall be provided in accordance wifh the provisions of Chapter 12-10 of this title and shall be clearly separate from the area designated for residential parking. v. No overnight parking or storage of commercial vehicles associated with the professional or business office use shall be permitted. vi. Signage shall be permitted in accordance with Section 11-6-3-A: Business Signs within Sign District 1 (Title 11: Sign Regulations, Vail Town Code) and shall be subject to review by the Design Review Board. vii. The number of employees allowed in a business office or professional office within the Residential Cluster zone district shall not exceed one employee for each 200 square feet of net floor area. viii. Homeowner Association approval shall be required of all Conditional Use Permit applications for a Professional Office or a Business Office within the Residential Cluster District, pursuant to Section 12-11-4:B:D, Application Form, Vail Town Code. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the-fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines and declares that this Ordinance No. 33, Series of 2006 3 ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 5. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. Ordinance No. 33, Series of 2006 4 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 5th day of December, 2006, and a public hearing at 6:00 p.m. for second reading of this Ordinance set for the 19th day of December, 2006, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rod Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 19th day of December, 2006. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 33, Series of 2006 5 MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: ~ December 19, 2006 SUBJECT: A request to approve Resolution No. 24 ,Series of 2006 to adopt the Crossroads Reinvestment Plan. The urban renewal area within the Crossroads Reinvestment Plan located at 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1 Applicant: Vail Reinvestment Authority Planner: Malcolm Murray & Russell Forrest I. ACTION REQUESTED OF COUNCIL The Vail Reinvestment Authority is requesting that the Vail Town Council approve the Crossroads Reinvestment Plan (Attachment A in the PEC memo Dated December 11, 2006)." The purpose of this plan is to facilitate the redevelopment of the Crossroads project by removing or curing covenants that may impede redevelopment. Staff is recommending approval of the Crossroads Reinvestment Plan. II. BACKGROUND On December 11, the Town of Vail Planning and Environmental Commission voted 7-0 to recommend to the Vail Town Council that the Crossroads Reinvestment Plan is consistent with the Vail Comprehensive Plan. The details of this request along with the Crossroads Reinvestment Plan and the Vail Crossroads Reinvestment Study (blight study) are included in the Planning and Environmental Commission dated December 11~h which is attached. II1. FINDINGS If the Town Council chooses to adopt Resolution No. 24, Series of 2006, the Town Council is requested to make the following findings based on C.R.S. §31- 25-107: • Blight, as defined by C.R.S. §31-25103(2), is present in the Crossroad Reinvestment Plan area as documented by the Val Crossroad Reinvestment Study prepared by Matrix Design Inc. and based on evidence presented at the public hearing and as referenced in the Crossroads Reinvestment Plan. • The Crossroads Urban Renewal Area is a blighted area and is appropriate for an urban renewal project pursuant to Part 1 of Article 25 of Title 31, C.R.S. • The boundaries of the Crossroads Urban Renewal Area as identified in Figure 1 of the Crossroads Reinvestment Plan have been drawn as narrowly as feasible to accomplish the planning and development objectives for the Crossroads Urban Renewal Area. • The Crossroads Reinvestment Plan conforms to the Vail Comprehensive Plan, which is the general plan for the development of the Town of Vail. • There exist feasible methods for the relocation of individuals and families and business concerns in accommodations or areas suitable for their relocation and meeting the required standards under C.R.S. §31-25-107 (4)(a) and (b) . • Crossroads Reinvestment Plan will afford maximum opportunity, consistent with the sound needs of the Town of Vail as a whole, for the rehabilitation or redevelopment of the Crossroads Urban Renewal Area consistent with the Vail Comprehensive Plan. • The acquisition, clearance, rehabilitation, conservation, development or redevelopment of a combination thereof of the Crossroads Urban Renewal Area pursuant to the Crossroads Reinvestment Plan is necessary in the best interests of the public health, safety, morals, and welfare of the citizens of the Town of Vail • The Town of Vail has published the notice of the time, place, and purpose of the public hearing to consider the adoption of the Crossroads Reinvestment Plan in the Vail Daily in conformance with C.R.S. §31-25-107(3). • Town of Vail has provided written notice of the public hearing to consider the adoption of the Crossroads Reinvestment Plan to property owners, residents, and business owners within the proposed Crossroads Urban Renewal Area at their last known addresses in conformance with C.R.S. §31-25-107(4)(c). III. ATTACHMENTS A. Resolution 24 B. PEC Memo RESOLUTION NO. N0.24 Series of 2006 A RESOLUTION FOR APPROVING THE CROSSROADS REINVESTMENT PLAN AND FINDING THAT THE CROSSROADS URBAN RENEWAL AREA IS A BLIGHTED AREA, DESIGNATING SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT PURSUANT TO THE URBAN RENEWAL PLAN, AND FINDING THAT THE ACQUISITION, CLEARANCE, REHABILITATION, CONSERVATION, DEVELOPMENT, REDEVELOPMENT OR A COMBINATION THEREOF OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY, MORALS, AND WELFARE OF THE CITIZENS OF THE TOWN OF VA1L. WHEREAS, an urban renewal plan for the Crossroads Area has been submitted to the Town Council of the Town of Vail for appropriate action pursuant to Part 1 of Article 25 of Title 31, C.R.S.; and WHEREAS, the Crossroads Area which is subject to the Crossroads Reinvestment Plan is described in Figure 1 of the Crossroads Reinvestment Plan; and WHEREAS, the Town Council of the Town of Vail adopted the Vail Village Master Plan which is a component of the Vail Comprehensive Plan, and WHEREAS, the Crossroads Reinvestment Plan has previously been submitted to the Town of Vai) Planning and Environmental Commission for its review and recommendations as to conformity with the Vail Comprehensive Plan pursuant to C.R.S. §31-25-107(2); and WHEREAS, the Town of Vail Planning and Environmental Commission has determined that the Crossroads Reinvestment Plan does conform to the Vail Comprehensive Plan; and WHEREAS, no property in the Crossroads Urban Renewal Area has been included in an urban renewal plan previously submitted to the Town Council of the Town of Vail; and WHEREAS, the Town Clerk of the Town of Vail has published the notice of the time, place, and purpose of the public hearing to consider the adoption of the Crossroads Reinvestment Plan in the Vail Daily in conformance with C.R.S. §31-25-107(3); and WHEREAS, the Town Council of the Town of Vail has provided written notice of the public hearing to consider the adoption of the Crossroads Reinvestment Plan to property owners, residents, and business owners within the proposed Crossroads Urban Renewal Area at their last known addresses in conformance with C.R.S. §31-25-107(4)(c); and WHEREAS, the Eagle County Commissioners have received notification of and copies of the Crossroads Reinvestment Plan as well as such additional information as is required by C.R.S. §31-25-107(3.5); and WHEREAS, no more than one hundred twenty days have passed since the commencement of the first public hearing of the urban renewal plan. WHEREAS, the Town Council of the Town of Vail has considered the Crossroads Reinvestment Study prepared by Matrix Design Group; and WHEREAS the Vail Town Council believes that any condemnation by the Vail Reinvestment Authority should be undertaken with the concurrence of the owner of any fee interest to be condemned; and WHEREAS, Town Council of the Town of Vail has conducted a public hearing and considered the public testimony received. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL THAT: 1. Blight, as defined by C.R.S. §31-25-103(2), is present in the Crossroads Urban Renewal Area as documented by the Crossroads Reinvestment Study prepared by Matrix Design Group and based on evidence presented at the public hearing and as reflected in the Crossroads Reinvestment Plan. The following blight factors are present in the Crossroads Urban Renewal Area: slum or deteriorated structures, unsanitary and unsafe conditions, unusual topography or inadequate public improvements or utilities, defective or unusual conditions of title rendering the title unmarketable, and buildings that are unsafe or unhealthy for peop{e to work or live in. 2. Pursuant to C.R.S. § 31-25-1-3(2)(I), the owners of all property within the Crossroads Reinvestment Area have advised the Town Council that they do not object to the designation of blight for the Plan Area based the presence of one blight condition. 3. The Crossroads Urban Renewal Area as shown in Figure 1 of the Crossroads Reinvestment Plan is a blighted area and is appropriate for an urban renewal project pursuant to Part 1 of Article 25 of Title 31, C.R.S. 4. The boundaries of the Crossroads Urban Renewal Area have been drawn as narrowly as feasible to accomplish the planning and development objectives for the Crossroads Urban Renewa{ Area. 5. The Crossroads Reinvestment Plan conforms to the Vail Comprehensive Plan, which is the general plan for the development of the Town of Vail. 6. There exist feasible methods for the relocation of individuals and families and business concerns in accommodations or areas suitable for their relocation and meeting the required standards under C.R.S., § 31-25-107 (4)(a) and (b). 7. The Crossroads Reinvestment Plan will afford maximum opportunity, consistent with the sound needs of the Town of Vail as a whole, for the rehabilitation or redevelopment of the Crossroads Reinvestment Plan consistent with the Comprehensive Plan by private enterprise. 8. The acquisition, clearance, rehabilitation, conservation, development or redevelopment or a combination thereof of the Crossroads Urban Renewal Area pursuant to the Crossroads Reinvestment Plan is necessary in the best interests of the public health, safety, morals, and welfare of the citizens of the Town of Vail MUR\58179\435461.1 2 9. The Crossroads Reinvestment Plan is hereby approved. INTRODUCED, READ, APPROVED AND ADOPTED this 19th day of December, 2006. Rodney Slifer, Mayor, Town of Vail ATTEST: Lorelei Donaldson, Town Clerk, Town of Vail MUR\58179\435461.01 MEMORANDUM TO:Planning and Environmental Commission FROM: Community Development Department DATE: December 11, 2006 SUBJECT: A request for a recommendation to the Vail Town Council that the Crossroads Reinvestment Plan is consistent with the Vail Comprehensive Plan. The urban renewal area within the Crossroads Reinvestment Plan located at 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1 Applicant: Vail Reinvestment Authority Planner: Russell Forrest I. SUMMARY The Vail Reinvestment Authority is requesting that the Planning and Environmental Commission find that the Crossroads Reinvestment Plan (Attachment A) is consistent with the Town of Vail Comprehensive Plan. The purpose of this plan is to facilitate the redevelopment of the Crossroads project by removing or curing covenants that may impede redevelopment. Staff is recommending that the Planning and Environmental Commission find that the Crossroads Reinvestment Plan is consistent with the Vail Comprehensive Plan. II. DESCRIPTION OF THE REQUEST The applicant, the Vail Reinvestment Authority, is requesting that the Planning and Environmental Commission make a recommendation to the Vail Town Council that the Crossroads Reinvestment Plan is consistent with the Town of Vail's Comprehensive Plan. This Crossroads Reinvestment Plan ("Plan") has been prepared by the Vail Reinvestment Authority ("VRA") for adoption by the Vail Town Council of the Town of Vail pursuant to the provisions of the Urban Renewal Law of the State of Colorado, Article 25 of Title 31, Colorado Revised Statutes. This Plan is prepared and adopted to satisfy the requirements of § 31-25-107, C.R.S., that an urban renewal plan be adopted by the governing body of the municipality before an urban renewal authority undertakes an urban renewal project. III. BACKGROUND The Crossroads Project includes the construction of 69 condominium units, a 338 space parking facility, and retail facilities. The Crossroads Project includes substantial public amenities including a public plaza and skating rink, a three screen movie theatre, a ten lane bowling alley, additional parking spaces beyond those needed for the Project, and substantial public art, along with other features of benefit to the Town. Certain obsolete restrictive covenants cloud the title to the Crossroads property and prevent financing of the redevelopment as proposed. It is necessary to remove these obsolete restrictive covenants in order for the redevelopment to proceed. This Crossroads Reinvestment Plan ("Plan") has been prepared by the Vail Reinvestment Authority ("VRA")for adoption by the Town Council of the Town of Vail pursuant to provisions of the Urban Renewal Law of the State of Colorado, Article 25 of Title 31, Colorado Revised Statutes. The approval of this plan would allow an Urban Renewal Authority District to be created and facilitate the removal of the obsolete restrictive covenants To create an Urban Renewal Authority district certain conditions of "blight" must be found in the area. The blight definition in the Urban Renewal Law defines conditions that can impair the sound growth and development of a municipality. A blight study was prepared in October of 2006 by Matrix Design group entitled "Vail Cross Roads Reinvestment Study (See Attachment B). There are 11 categories of blight as defined by State Law. Seven blight factors were found at Cross Roads including: • Slum, • deteriorated, or deteriorating structures • Unsanitary or unsafe conditions • Deterioration of site or other improvements • Unusual topography or inadequate public improvements or utilities • Defective or unusual conditions of title rendering the title non-marketable; • The existence of conditions that endanger life or property by fire or other causes • Buildings that are unsafe or unhealthy for persons to live or work in IV. ROLES OF THE REVIEWING BOARDS The Planning and Environmental Commission is required by state statute to make a recommendation to the Vail Town Council on whether the Crossroads Reinvestment Plan conforms to the Town of Vail Comprehensive Plan. The Town Council is the final decision making authority and will be asked to consider the approval of a resolution to adopt the plan. V. APPLICABLE PLANNING DOCUMENTS The following are applicable components of the of the Town of Vail Comprehensive Plan which relate to Cross Roads proposals and were used in the evaluation of the Cross Roads Special Development District. A. Vail Land Use Plan The goals contained in the Vail Land Use Plan are to be used as the Town's policy guidelines during the review process for the establishment of a special development district. Staff has reviewed the Vail Land Use Plan and believes the following policies are relevant to the review of this proposal: 1.0 General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent. resident. 2 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (iniill areas). 2.0 Skier/Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day skiers. 2.2 The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more efficiently. 2.3 The ski area owner, the business community and the Town leaders should work together to improve facilities for day skiers. 2.4 The community should improve summer recreational and cultural opportunities to encourage summer tourism. 3.0 Commercial 3.1 The hotel bed base should be preserved and used more efficiently. 3.2 The Village and Lionshead areas are the best location for hotels to serve the future needs of the destination skiers. 3.3 Hotels are important to the continued success of the Town of Vail, therefore conversion to condominiums should be discouraged. 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 4.0 Village Core /Lionshead 4.1 Future commercial development should continue to occur primarily in existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. 4.2 Increased density in the Core areas is acceptable so long as the existing character of each area is preserved thorough implementation of the Urban Design Guide Plan. 4.3 The ambiance of Vail Village is important to the identity of Vail and should be preserved. (scale, alpine character, small town feeling, 3 mountains, natural setting, intimate size, cosmopolitan feeling, environmental quality.) 5.0 Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail with appropriate restrictions. 5.4 Residential growth should keep pace with the marketplace demands for a full range of housing types. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. According to the Official Town of Vail Land Use Plan map, the applicant's proposed redevelopment site is located with the "Vail Village Master Plan" land use category. Pursuant to the Plan, the "Vail Village Master Plan" land use category description, Staff believes that the application complies with the goals and objectives identified above. B. Vail Village Master Plan Staff believes that the following stated goals of the Vail Village Master Plan are applicable to this application: Goal #2: To foster a strong. tourist industry and promote year-around economic health and viability for the Village and for the community as a whole. Objective 2.4: Encourage the development of a variety of new commercial activity where compatible with existing land uses. Policy 2.4.1: Commercial infill development consistent with established horizontal zoning regulations shall be encouraged to provide activity generators, accessible greenspaces, public plazas, and streetscape improvements to the pedestrian network throughout the Village. Policy 2.4.2: Activity that provides night life and evening entertainment for both the guest and the community shall be encouraged. 4 Objective 2.5: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. Policy 2.5.1: Recreation amenities, common areas, meeting facilities and other amenities shall be preserved and enhanced as a part of any redevelopment of lodging properties. Policy 2.5.2: The Town will use the maximum flexibility possible in the interpretation of building and fire codes in order to facilitate building renovations without compromising life, health, and safety considerations. Objective 2.6: Encourage the development of affordable housing units through the efforts of the private sector. Policy 2.6.1: Employee housing units may be required as part of any new or redeveloped project requesting density over that allowed by existing zoning. Policy 2.6.2: Employee housing .shall be developed with appropriate restrictions so as to insure their availability and affordability to the local work force. Policy 2.6.3: The Town of Vail may facilitate in the development of affordable housing by providing limited assistance. Goal #3: To recognize as a top priority the enhancement of the walking experience throughout the Village. Objective 3.1: Physically improve the existing pedestrian ways by landscaping and other improvements. Policy 3.1.1: Private development projects shall incorporate streetscape improvements (such as paver treatments, landscaping, lighting and seating areas), along adjacent pedestrian ways. Policy 3.1.2: Public art shall be encouraged at appropriate locations throughout Town. Policy 3.1.3: Flowers, trees, .water features, and other landscaping shall be encouraged throughout the Town in locations adjacent to, or visible from, public areas. Goal #4: To preserve existing open space areas and expand greenspace opportunities. Objective 4.1: Improve existing open space areas and create new plazas with greenspaces and pocket parks. Recognize the different roles of each type pf open space in forming the overall fabric of the Village. Policy 4.1.1: Active recreation facilities shall be preserved (or relocated to accessible locations elsewhere in the Village) in any development or redevelopment of property in Vail Village. Policy 4.1.2: The development of new public plazas, and improvement to existing plazas (public art, streetscape features, seating areas, etc.), shall be strongly encouraged to reinforce their roles as attractive people places. Policy 4.1..3: With the exception of ski base-related facilities, existing natural open space areas at the base of Vail Mountain and throughout Vail Village shall be preserved as open space. Policy 4.1.4: Open space improvements including the addition of accessible greenspace as described or graphically shown in the Vail Village Master Plan and/or Urban Design Guide Plan, will be required in conjunction with private infill or redevelopment projects. Goal #5: Increase and improve the capacity, efficiency, and aesthetics of the transportation and circulation system throughout the Village. Objective 5.1: Meet parking demands with public and private parking facilities. Policy 5.1.1: For new development that is located outside the Commercial Core I Zone District, on-site parking shall be provided (rather than paying into the parking fund) to meet any additional parking demand as required by the zoning code. Policy 5.1.2: The expansion of the Vail Village parking structure shall maximize the number of additional parking spaces available for public parking. Policy 5.1.3: Seek locations for additional structured public and private parking. Policy 5.1.4: Continue to promote the lease parking program as a means for maximizing the utilization of private parking spaces. Policy 5.1.5: Redevelopment projects shall be strongly encouraged to provide underground or visually concealed parking. Objective 5.3: Concentrate the majority of interconnecting transit activity at the periphery of the Village to minimize vehicular traffic in pedestrianized areas. Policy 5.3.1: The Vail Transportation Center shall be the primary pick up and drop off point for public transit and private shuttle vans and taxis. Objective 5.4: Improve the streetscape of circulation corridors throughout the Village. Policy 5.4.1: The Town shall work with the Colorado Division of Highways toward the implementation of a landscaped boulevard and parkway along the South Frontage Road. Policy 5.4.2: Medians and right-of-ways shall be landscaped. Goal #6: To ensure the continued improvement of the vital operational elements of the Village. Objective 6.1: Provide service and delivery facilities for existing and new development. Objective 6.2: Provide for the safe and efficient functions of ire, police and public utilities within the context of an aesthetically pleasing resort setting. Policy 6.2.1: Development projects and other improvements in Vail Village shall be reviewed by respective Town Departments to identify both the impacts of the proposal and potential mitigating measures. Policy 6.2.2: Minor improvements (landscaping, decorative paving, open dining decks, etc.), may be permitted on Town of Vail land or right-of-way (with review and approval by the Town Council and Planning and Environmental Commission when applicable) provided .that Town operations such as snow removal, street maintenance and fire department access and operation are able to be maintained at current levels. Special design (i. e. heated pavement), maintenance fees, or other considerations may be required to offset impacts on Town services. The Town Council on March 21, 2006 approved Ordinance 5, Series of 2006 with a finding that the proposed project was consistent with the above mentioned plans which are components of the Vail Comprehensive Plan. VI. FINDING/CRITERIA FOR REVIEWING THE PLAN Based on § 31-25-107, C.R:S the Planning and Environmental Commission shall determine whether the Cross Roads Reinvestment Plan is in conformity to the Town of Vail's Comprehensive Plan. The Vail Land Use Plan and the Vail Village Master Plans are components of the Town of Vail Comprehensive Plan. As mentioned above, the proposal was found to be consistent with both the Vail Land Use Plan and the Vail Village Master Plan and is therefore consistent with the Vail Comprehensive Plan. The adoption of the Cross Roads Reinvestment Plan will, if approved, remove impediments in the form of restrictive covenants to the development of the Cross Roads project. VII. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission find that the Crossroads Reinvestment Plan is consistent with the Town of Vail's Comprehensive Plan. Staffs recommendation is based upon the review of the proposal as outlined in Section V and VI of this memorandum and the testimony and evidence presented. Should the Planning and Environmental Commission choose to make this finding, staff 'recommends that the following findings be made: "That upon review of the proposed, the Planning and Environmental Commission finds that the Cross Roads Reinvestment Plan, as proposed, is in conformity with the Town of Vail's comprehensive plan as stated in section V of this memorandum. The Commission's determination of findings is based upon review of the criteria and the testimony and evidence presented on this application. " Attachments: A. Cross Roads Reinvestment Plan B. Vail Cross Roads Reinvestment Study (Reference Only) Attachment A: CROSSROADS REINVESTMENT PLAN VAIL REINVESTMENT AUTHORITY December 2006 TABLE OF CONTENTS I. INTRODUCTION ...................................................................................................................1 1.1 Preface .............................................................................................................................1 1.2 Background .....................................................................................................................1 1.3 Definitions .......................................................................................................................1 2. LEGISLATIVE FINDINGS ....................................................................................................2 2.1 Qualifying Conditions ..................................................................................................... 2 2.2 Projects ........................................................................................................................:...2 2.3 Planning Approval .......................................................................................................... 2 2.4 Consultation .................................................................................................................... 2 2.5 Public Hearing ................................................................................................................ 2 2.6 Boundaries of the Plan Area ........................................................................................... 3 2.7 Other Findings ................................................................................................................ 3 3. DESCRIPTION OF PLAN OBJECTIVES .............................................................................3 4. PLAN IMPLEMENTATION ..................................................................................................4 4.1 Property Acquisition ....................................................................................................... 4 4.2 Relocation Assistance and Payments .............................................................................. 4 4.3 Redevelopment Agreements ........................................................................................... 4 4.4 Interagency Cooperation ................................................................................................. 5 5. MODIFICATIONS TO THIS PLAN ......................................................................................5 6. TERMINATION ......................................................................................................................5 i CROSSROADS REINVESTMENT PLAN December 2006 I. INTRODUCTION Preface This Crossroads Reinvestment Plan ("Plan") has been prepared by the Vail Reinvestment Authority ("VRA") for adoption by the Town Council of the Town of Vail pursuant to provisions of the Urban Renewal Law of the State of Colorado, Article 25 of Title 31, Colorado Revised Statutes. This Plan is prepared and adopted to satisfy the requirements of C.R.S. § 31-25-107, that an urban renewal plan be adopted by the governing body of the municipality before an urban renewal authority undertakes an urban renewal project. The administration of this project and the enforcement and execution of this Plan shall be performed by VRA. Background The Crossroads property is located in the center of Vail Village, at 141 and 143 Meadow Drive/Lot P, Block SD, Vail Village Filing 1. The property is owned by Crossroads East One, LLC, a Colorado limited liability company ("Crossroads East One"), and is located in Special Development District No. 39 and was approved for redevelopment ("Crossroads Project") through the adoption of Town of Vail Ordinance No. 5, 2006. The Crossroads Project includes the construction of 69 condominium units, a 338 space parking facility, and retail facilities. The Crossroads Project includes substantial public amenities including a public plaza and skating rink, a three screen movie theatre, a ten lane bowling alley, additional parking spaces beyond those needed for the Project, and substantial public art, along with other features of benefit to the Town. Certain obsolete restrictive covenants cloud the title to the Crossroads property and prevent financing of the redevelopment as proposed. It is necessary to remove these obsolete restrictive covenants in order for the redevelopment to proceed. II. Definitions Cooperation Agreement: Any agreement between VRA and the Town of Vail or any other public body regarding action taken pursuant to any of the powers set forth in the Urban Renewal Law, or in any other provision of Colorado law, for the purpose of facilitating public undertakings deemed necessary or appropriate by VRA under this Plan. Plan: This Crossroads Reinvestment Plan as it may be modified from time to time. Plan Area: The area described in Section 2.6 of this Plan, and depicted on Figure 1, which has been found to be blighted and for which the undertaking of an urban renewal project is declared to be necessary. Redevelopment Agreement: An agreement between VRA and a developer or developers respecting the redevelopment or rehabilitation of property within the Plan Area. LEGISLATIVE FINDINGS Qualifying Conditions Based on the Crossroads Reinvestment Study prepared by Matrix Design Group, dated September 2006, and evidence presented at the public hearing, the Town Council finds that there exists blight, as defined by C.R.S. § 31-25-103(2), in the Plan Area. The Crossroads Reinvestment Study found that the following blight condition exists in the area:. Defective or unusual conditions of title rendering the title unmarketable. Restrictive covenants controlling uses on the certain properties and other conditions of title impair the redevelopment of the Plan Area. In many instances, covenant provisions conflict or have been ignored by prior development. Pursuant to C.R.S. § 31-25-1-3(2)(1), the owner of the Crossroads Property, Crossroads East One, has advised the Town Council that it does not object to the designation of blight for the Plan Area based the presence of one blight condition. The Town Council finds that the presence of this factor substantially impairs or arrests the sound growth of the Town of Vail, retards the provision of housing accommodations, constitutes an economic and social liability and is a menace to the public health, safety, morals and welfare of the Town of Vail. Projects The Plan Area is appropriate for one or more urban renewal projects and other undertakings of the VRA as authorized by the Urban Renewal Law. Planning Approval The Town Council has adopted a general plan for the Town of Vail, known as the Vail Comprehensive Plan. The Planning and Environmental Commission met on December 11, 2006, and has submitted its written recommendations regarding the conformity of this Plan to the Vail Comprehensive Plan to the Town Council. Consultation This Plan has been submitted to the Board of County Commissioners of Eagle County as required by the Urban Renewal Law. The Eagle County School District has been advised of this Plan and has been given an opportunity to provide comments. Public Hearing The Town- Council of the Town of Vail has held a public hearing to consider this Plan after public notice thereof in compliance with the Urban Renewal Law in the mail Daily, describing the time, date, and purpose of the public hearing, identifying the Plan Area and outlining the general scope of the projects being considered for implementation pursuant to this Plan. Notice of the public hearing was provided to owners, residents, and business owners in the Plan Area at their last know address at least 30 days before the date of the public hearing. Boundaries of the Ptan Area The boundaries of the Plan Area shall be as set forth in Figure 1 attached hereto. The Town Council finds that the boundaries of the Plan Area have been drawn as narrowly as feasible to accomplish the planning and development objectives of this Plan. Other Findings The property in the Plan Area is subject to restrictive covenant provisions from previous subdivisions of property in the Town of Vail In many cases the covenant provisions conflict with one another and in some cases have been ignored by existing development. These restrictive covenants create an impediment to the redevelopment of the property within the Plan Area, particularly the financing of improvements which are key to the redevelopment of the Plan Area. VRA is authorized to use the power of eminent domain, with the consultation and concurrence of the owner of the fee interest to be condemned, to eliminate restrictive covenant provisions and other conditions of title which prevent redevelopment of properties within the Plan Area. If it becomes necessary for individuals families or businesses to relocate as a result of the implementation of this Plan a feasible method exists for the relocation of individuals, families and business concerns that may be displaced, insuring that decent safe and sanitary dwelling accommodations and business locations can be made available The powers conferred by the Urban Renewal Law are for public uses and purposes for which public money may be expended and the police powers exercised, and this Plan is in the public interest and necessity such finding being a matter of legislative determination by the Town Council. This Plan will afford maximum opportunity consistent with the sound needs of the Town as a whole, for the rehabilitation or redevelopment of the Plan Area by private enterprise. DESCRIPTION OF PLAN OBJECTIVES This Plan is an important tool to address the problems confronting the Vail Village area. The Plan helps to further the goals for the area previously outlined in the Vail Comprehensive Plan. The objectives for the Plan include the following: • Create a sense of place and an improved aesthetic character for Vail Village for both residents and guests. • Enhance the aesthetic appearance of the area to make it more appealing. • Provide a public plaza as a public gathering place and for events important to the vitality of the Town and to the resort experience. • Provide a skating rink that will be an activity center in Vail Village during the winter season. • Provide important recreational opportunities for residents and visitors through the provision of a theatre and bowling alley that would not otherwise be provided. Eliminate impediments to the redevelopment of key facilities within the Plan Area. • Upgrade and restore public infrastructure including transportation facilities, parking, sidewalks and streetscapes. PLAN IMPLEMENTATION In order to accomplish the objectives of this Plan and to fully implement this Plan, VRA shall be authorized to undertake the following activities: Property Acquisition The principal purpose of this Plan is the removal of legal impediments to the creation of public open space and to new private investment occurring on private property. Restrictive covenants and other conditions of title interfere with new private investment. The power of eminent domain as authorized by the Urban Renewal Law may be utilized as VRA determines necessary to eliminate and remove restrictive covenants and other conditions of title which interfere with new private investment, with the consent of the owner of any fee interest to be condemned. IV. Relocation Assistance and Payments In the event it is necessary to relocate or displace any business or other commercial establishments as a result of any property acquisition, VRA may adopt relocation policies for payment of relocation expenses. Such expenses may include moving expenses, actual direct losses of property for business concerns, and goodwill and lost profits that are reasonably related to relocation of the business, resulting from its displacement for which reimbursement or compensation is not otherwise made. Redevelopment Agreements VRA is authorized to enter into one or more Redevelopment Agreements with developer(s) and such other entities as are determined by VRA to be necessary or desirable by VRA to carry out the purposes of this Plan. Such Redevelopment Agreements may contain such terms and provisions as shall be deemed necessary or appropriate by VRA for the purpose of undertaking the activities contemplated by this 4 Plan or the Urban Renewal Law, and may further provide for such undertakings by VRA, as may be necessary for the achievement of the objectives of this Plan or as may otherwise be authorized by the Urban Renewal Law. Interagency Cooperation VRA may enter into one or more Cooperation Agreements with the Town. of Vail or other public bodies pursuant to the Urban Renewal Law. Cooperation Agreements may provide, without limitation, for financing, for construction of public improvements, for administration, for technical assistance and for other purposes. MODIFICATIONS TO THIS PLAN This Plan maybe amended or modified pursuant to provision of the Urban Renewal Law as provided in § 31-25-107, C.R.S. Modifications to this Plan will require appropriate notification in accordance with the Urban Renewal Law, including submission to the Board of County Commissioners of Eagle County and written notice provided to all property owners, residents, and owners of businesses in the Plan Area not less than 30 days prior to the consideration of a substantial modification. TERMINATION This Plan shall terminate and the designation of blight made herein shall terminate upon the elimination of those protective covenants and other conditions of title which impair the redevelopment in the Plan Area. FIGURE I MAP OF PLAN AREA ~, .:,; , Crossroads ~'~~ ~ ~ ~„~. ~ ~ T:. `~ ~ {~ ~~. Lot P, Block 5D, Vail Village Filing 1 ``~°''~"~.;;,`'"~.`', , ,~, ~e u w `~ ~y ". 1 ~~~ _ Subject Site '`« -an .r ~` { r Y 1~ y. tit ti~~~ ,~, a ~ .4 ] r. ,. < ~f '-i. ~~, ~~ r-'~-, .. ~ 3 '~'~ ~: ~ ~ I. Y <, y ~~ ;r L ~ rf .ir! ~ ~. ~ kp. ~ ~, ~ it Y.,f1.~^, .. ~. ,~m~~ Attachment 2: Crossroads Reinvestment Study Reference Only 6 Attachment B VAIL CROSSROADS. REINVESTMENT STUDY Prepared For: Vail Reinvestment Authority Town of Vail, Colorado October 2006 4p ~,, ` My ~,:~,ia,YMi -yA~k~.... '~w~ „`yF ~. ~alr ~ J^ xb, "n ~ "~,. 6, ; . ~_ .. ' ~~~ " '"~~~.,..,~.,~ '.ate ~ " ,.yam ~~. h _. W .~f .,~ ~,. ~ i.ya .rw 7 ~~ i ti M j~ ~ 9 ~~'' JiM~Y'LM.~1~\ u~. .: ~r B i ~ntrtia;u~•d t)a,~~n tiuh+thrns 1 i ?- ~ ~ Vail Crossroads Reinvestment Study October 2006 Table of Contents Section 1: Study Overview ........................................................................ 1 Section 2: Colorado Urban Renewal Statutes and Blighted Areas ......................... . 2 Section 3: Conditions Indicative of the Presence of Blight ................................. . 5 Section 4: Study Area Location, Definition, and Description ............................... . 9 Section 5: Study Findings ........................................................................ 12 Section 6: Study Summary and Recommendation ............................................ 20 Appendix . ................................................. . ......................................... 21 * ~ Ivlinixl~~~Cacx}~~. i Vail Crossroads Reinvestment Study October 2006 Section 1: Study Overview The Vail Crossroads Reinvestment Study ("Study") is an examination and analysis of various conditions found within a defined area in Vail, Colorado to determine if the area qualifies as "blighted" within the meaning of Colorado Urban Renewal law. The Study is a necessary step if urban renewal, as defined and authorized by Colorado statutes, is to be used as a tool by the Town of Vail ("Town") to facilitate public and/or private investments within the area. The findings and conclusions presented in this report are intended to assist the Town in making a final determination as to whether the property qualifies as blighted and, consequently, the feasibility and appropriateness of using urban renewal as a reinvestment tool. To conduct the Study and prepare the Vail Crossroads Reinvestment Study report, the Town of Vail retailed the services of Matrix Design Group, aDenver-based consulting firm that provides planning, environmental, engineering, and design services to municipalities throughout Colorado. The general methodology for the Study was as follows: First, the specific geographic territory ("Study Area") to be evaluated was determined by the Town. Next, general information about the Study Area was gathered, such as right-of-way and parcel boundaries, aerial photos, etc. The Study Area was then evaluated for evidence of blight through two means: a thorough field reconnaissance of the Study Area to document observed physical conditions of blight; and a data collection effort to gather information about those blight factors that are not visually observable. The Study results were then categorized and analyzed as to their applicability to the blight factors outlined in the Colorado Urban Renewal statutes. Finally, the findings and conclusions regarding blight found within the Study Area were prepared and presented as a report. s + ~'I:1fiPC ~ ~.~~' 1 Vtl~}l a. ~ r Vail Crossroads Reinvestment Study October 2006 Section 2: Colorado Urban Renewal Statutes and Blighted Areas In the Colorado Urban Renewal Law, Coto. Rev. Stat. § 31-25-101 et seq. (the "Urban Renewal Law"), the legislature has declared that an area of blight "constitutes a serious and growing menace, injurious to the public health, safety, morals, and welfare of the residents of the state in general and municipalities thereof; that the existence of such areas contributes substantially to the spread of disease and crime, constitutes an economic and social liability, substantially impairs or arrests the sound growth of municipalities, retards the provision of housing accommodations, aggravates traffic problems and impairs or arrests the elimination of traffic hazards and the improvement of traffic facilities; and that the prevention and elimination of slums and blight is a matter of public policy and statewide concern...." Under the Urban Renewal Law, the term "blighted area" describes an area with an array of urban problems, including health and social deficiencies, and physical deterioration. See Colo. Rev. Stat. g 31-25-103(2). Before remedial action can be taken by a public agency, however, the Urban Renewal Law requires a finding by the appropriate governing body that an area such as the Study Area constitutes a blighted area. Id. g 107(1). The blight finding is a legislative determination by the municipality's governing body that as a result of the presence of factors enumerated in the definition of "blighted area," the area is a detriment to the health and vitality of the community requiring the use of the municipality's urban renewal powers to correct those conditions or prevent their spread. !n some cases, the factors enumerated in the definition are symptoms of decay, .and in some instances, these factors are the cause of the problems. The definition requires the governing body to examine the factors and determine whether these factors indicate a deterioration that threatens the community as a whole. For purposes of the Study, the definition of a blighted area is premised upon the definition articulated in the Urban Renewal Law, as follows: "`Blighted area' means an area that, in its present condition and use and, by reason of the presence of at least our of the following factors, substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare: > ~ }' Vail Crossroads Reinvestment Study October 2006 a. Slum, deteriorated, or deteriorating structures; b. Predominance of defective or inadequate street layout; c. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; d. Unsanitary or unsafe conditions; e. Deterioration of site or other improvements; f. Unusual topography or inadequate public improvements or utilities; g. Defective or unusual conditions of title rendering the title non-marketable; h. The existence of conditions that endanger life or property by fire or other causes; i. Buildings that are unsafe or unhealthy for persons to live or work in because of building code violations, dilapidation, deterioration, defective design, physical construction, or faulty or inadequate facilities; j. Environmental contamination of buildings or property; or k. The existence of health, safety, or welfare factors requiring high levels of municipal services or substantial physical underutilization or vacancy of sites, buildings, or other improvements" In addition, paragraph (l.) states, "if there is no objection by the property owner or owners and the tenant or tenants of such owner or owners, if any, to the inclusion of such property in an urban renewal area, `blighted area' also means an area that, in its present condition and use and, by reason of the presence of any one of the factors specified in paragraphs (a) to (k) of this subsection.... " The statute also states a separate requirement for the number of blight factors that must be present if private property is to be acquired by eminent domain. At ~ 31-25-105.5(5), paragraph (a.) states, "`Blighted area' shall have the same meaning as set forth in section 31-25-103 (2); except that, for purposes of this section only, `blighted area' means an area that, in its present condition and use and, by reason of the presence of at (east ive of the factors specified in section 31-25-103 (2)(a) to (2)(1)...." Thus, the state statutes require, depending on the circumstances, that a minimum of either one, four, or five blight factors be present for an area to be considered a "blighted area." At the time of the Study, knowledge of future objections by property owners or tenants to being included in an urban renewal area, and knowledge of future use of eminent domain to acquire private property will most likely not be available. Consequently, the conservative approach of requiring the presence of at least five of the eleven blight factors in the Study Area will be used as the basis for the recommendations in this report. ~,. ~ ~ yLmilcla.~~Citx{~r. 3 Vail Crossroads Reinvestment Study October 2006 Several principles have been developed by Colorado courts to guide the determination of whether an area constitutes a blighted area under the Urban Renewal Law. First, the absence of widespread violation of building and health codes does not, by itself,' preclude a finding of blight. "The definition of `blighted area' contained in [the Urban Renewal Law] is broad and encompasses not only those areas containing properties so dilapidated as to justify condemnation as nuisances, but also envisions the prevention of deterioration." Second, the presence of one well-maintained building does not defeat a determination that an area constitutes a blighted area. Normally, a determination of blight is based upon an area "taken as a whole," and not on abuilding-by-building, parcel-by-parcel, or block-by- block basis. However, since this study does not focus on a large study area comprised of many properties and is instead quite small, each individual building bears great weight on the study area as a whole. Third, a town's "determination as to whether an area is blighted... is a legislative question and the scope of review by the judiciary is restricted." A court's role in reviewing such a blight determination is simply to verify independently if the conclusion is based upon factual evidence and consistent with the statutory definition. Based upon the conditions identified in the Study Area, this report makes a recommendation as to whether the Study Area qualifies as a blighted area. The actual determination itself remains the responsibility of Vail's Town Council.. ~` ~ ~'lilODCI~'~' i(..AOl~l6a. Vail Crossroads Reinvestment Study October 2006 Section 3: Conditions Indicative of the Presence of Blight As discussed in Section 2, the Colorado Urban Renewal statutes provide a list of 11 factors that, through their presence, may allow an area to be declared as blighted. This section elaborates on those 11 factors by describing some of the conditions that might be found within the Study Area that would indicate the presence of those factors. Slum, Deteriorated, or Deteriorating Structures: During the field reconnaissance of the Study Area, the general condition and level of deterioration of a building is evaluated. This examination is limited to a visual inspection of the building's exterior condition and is not a detailed engineering or architectural analysis, nor does it include the building's interior. The intent is to document obvious indications of disrepair and deterioration to the exterior of a structure found within the Study Area. Some of the exterior elements observed for signs of deterioration include: ^ Primary Elements (exterior walls, visible foundation, roof) ^ Secondary Elements (fascia/soffits, gutters/downspouts, windows/doors, fa4ade finishes, loading docks, etc.) ^ Ancillary Structures (detached garages, storage buildings, etc.) Predominance of Defective or Inadequate Street Layout: The presence of this factor is determined through a combination of both field observation as well as an analysis of the existing transportation network and vehicular and pedestrian circulation patterns in the Study Area by persons with expertise in transportation planning and/or traffic engineering. These conditions include: ^ Streets/Alleys with Poor or Unimproved Surface Conditions ^ Inadequate Street/Alley Width ^ Poor Provisions or Unsafe Conditions for the Flow of Vehicular/Pedestrian Traffic ^ Insufficient Roadway Capacity Leading to Unusual Congestion of Traffic ^ Inadequate Emergency Vehicle Access ^ Poor Vehicular/Pedestrian Access to Buildings or Sites ^ Poor Internal VehicularlPedestrian Circulation These conditions can affect the adequacy or performance of the transportation system within the Study Area, creating a street layout that is defective or inadequate. ~i. ~ ._. . _.__,,. Vail Crossroads Reinvestment Study October 2006 Faulty Lot Layout in Relation to Size, Adequacy, Accessibility, or Usefulness: This factor requires an analysis of the parcels within the Study Area as to their potential and usefulness as developable sites. Conditions indicative of the presence of this factor include: ^ Lots that are Long, Narrow, or Irregularly Shaped ^ Lots that are Inadequate in Size ^ Lots with Layouts or Configurations that are Obsolete or Impractical ^ Lots with Layouts or Configurations that Result in Stagnant, Misused, or Unused Land This analysis considers the shape, orientation, and size of undeveloped parcels within the Study Area and if these attributes would negatively impact the potential for development of the parcel. This evaluation is performed both through observation in the field and through an analysis of parcel boundary maps of the Study Area. Unsanitary or Unsafe Conditions: Conditions observed within the Study Area that qualify under this blight factor include: ^ Floodplains or Flood Prone Areas ^ Inadequate Storm Drainage Systems/Evidence of Standing Water ^ Poor Fire Protection Facilities ^ Above Average Incidences of Public Safety Responses ^ Inadequate Sanitation or Water Systems ^ Existence of Contaminants or Hazardous Conditions or Materials ^ High or Unusual Crime Statistics. ^ Open Trash Dumpsters ^ Severely Cracked or Uneven Surfaces for Pedestrians ^ Illegal Dumping ^ Vagrants/Vandalism/Graffiti/Gang Activity ^ Open Ditches, Holes, or Trenches These represent situations in which the safety of individuals, especially pedestrians and children, may be compromised due to environmental and physical issues considered to be unsanitary or unsafe. Vail Crossroads Reinvestment Study October 2006 Deterioration of Site or Other Improvements: The conditions that apply to this blight factor reflect the deterioration of various improvements made at a site other than building structures. These conditions may represent a lack of general maintenance at a site, the physical degradation of specific improvements, or an improvement that was poorly planned or constructed. Overall, the presence of these conditions can reduce a site's usefulness and desirability and negatively affect nearby properties. ^ Incompatible Mix of Activities Leading to Improper or Unproductive Uses of Land ^ Lack of Code Enforcement Resources ^ Neglected, Vacant, or Abandoned Properties ^ Evidence of General Site Maintenance Problems (e.g. Deterioration of signage or lighting, poorly maintained landscaping or overgrown vegetation) ^ Deterioration of On-Site Parking Surfaces, Curb s:t Gutter, or Sidewalks ^ Poor Parking Lot Layout Unusual Topography or Inadequate Public Improvements or Utilities: The focus of this factor is on the presence of unusual topographical conditions that could make development prohibitive, such as steep slopes or poor load-bearing soils, as well as deficiencies in the public infrastructure system within the Study Area that could include: ^ Deterioration of or Lack of Public Infrastructure (e.g. Street/alley pavement/curb/gutter, sidewalks, street lighting, storm drainage systems) ^ Presence of Overhead Utilities ^ Inadequate Fire Protection Facilities/Hydrants ^ Inadequate Sanitation or Water Systems Defective or Unusual Conditions of Title Rendering the Title Non-Marketable: Certain properties can be difficult to market or redevelop if they have overly restrictive or prohibitive clauses in their deeds or titles, or if they involve an unusually complex or highly divided ownership arrangement. Examples include: Properties with Disputed or Defective Title Multiplicity of Ownership Making Assemblages of Land Difficult or Impossible 3 ~ ; r~ittirta~(acx~E.. 7 ;,~ Vail Crossroads Reinvestment Study October 2006 The Existence of Conditions that Endanger Life or Property by Fire and Other Causes: A finding of blight within this factor can result from the presence of the following conditions, which include both the deterioration of physical improvements that can lead to dangerous situations as well as the inability for emergency personnel or equipment to provide services to a site: ^ Buildings or Sites Inaccessible to Fire and Emergency Vehicles ^ Blocked or Poorly Maintained Fire and Emergency Access Routes or Frontages ^ Insufficient Fire and Emergency Vehicle Turning Radii ^ Buildings or Properties not in Compliance with Fire Codes, Building Codes, or Environmental Regulations Buildings that are Unsafe or Unhealthy for Persons to Live or Work In: Some of the conditions that can contribute to this blight factor include: ^ Buildings or Properties not in Compliance with Fire Codes, Building Codes, or Environmental Regulations ^ Buildings with Deteriorated Elements that Create to Unsafe or Unhealthy Conditions ^ Buildings with Inadequate or Improperly Installed Electrical, Natural Gas, or Other Utility Components Environmental Contamination of Buildings or Property: This factor represents the presence of contamination in the soils, structures, water sources, or other locations within the Study Area. ^ Presence of Hazardous Substances, Liquids, or Gasses Found at a Site Existence of Factors Requiring High Levels of Municipal Services or Substantial Physical Underutilization or Vacancy of Sites, Buildings, or Other Improvements: The physical conditions that would contribute to this blight factor include: ^ Sites with a High Incidence of Fire, Police, or Emergency Responses ^ Sites Adjacent to Streets/Alleys with a High Incidence of Traffic Accidents ^ Sites with a High Incidence of Code Enforcement Responses ^ An Undeveloped Parcel in a Generally Urbanized Area ^ A Parcel with a Disproportionally Small Percentage of its Total Land Area Developed ^ Vacant Structures ^ Vacant Units in Multi-Unit Structures ~t ~ ~ h4~t~t~~(acx}~6> 8 ~~ Vail Crossroads Reinvestment Study October 2006 Section 4: Study Area Location, Definition, and Description The Vail Crossroads Reinvestment Study Area consists of two parcels located in the Town of Vail in Eagle County, Colorado. The Study Area is bounded on the north by the I-70 frontage road, on the east by Village Center Road, on the south by East Meadow Drive, and on the west by private property. In all, just over two acres are enclosed within these boundaries. The Study Area is dominated by two adjacent buildings with retail and residential uses. These buildings stand to the north of Vail Village, off the I-70 frontage road. Not far to the west of the Study Area is the Vail Road roundabout, which is the primary entrance and exit point to Interstate 70, and to the east ties the Colorado Ski Museum and a large public parking structure. The central surface parking lot for the two buildings opens up to East Meadow Drive, and is the primary retail entrance point for the both buildings, although the east building also has a retail entrance directly on Village Center Road. To supplement this written description of the Study Area, the following aerial maps of the Study Area are provided: Exhibit 1: Vail Context Map shows the Study Area on a macro scale. relative to I-70 and Vail Village. Exhibit 2: Study Area Detail Map provides aclose-in view of the Study Area itself and the immediate surrounding roads. tiii~cIa.~C~x}~E. .i Vait Crossroads Reinvestment Study October 2006 Exhibit 1: Vail Context Map ._~~ .: •h i~ "~YV ~, _. ~. ~\ x-. ~ w °µ,~" ,;+ ""° ~ ~ ~.,.~~ "" a ~ t ,~ ~ , f A' i`~ .. _._ ~ ~. F~•~'~.. 1 ~ ~ '~ r ~!Zr••Tfc rf.P?,~I. •'S `~r`~-f +_ ~~•t at. ~ _ ~' fi ~~ ] , f °'~ ', t t~~'~: i. ,tyv .r. F ~'L s.A ~k,'an... ~:'~rt,:~. ~, ~ ~ t_ _ . ~ 6r., 3 .:; ~! ~1 ~7<~~ C~~t(ntx~ ~, 10 Vail Crossroads Reinvestment Study October 2006 Exhibit 2: Study Area Detail Map -... _ ~ ~,; R - -., _ 1}TA~-p~~,` ji'~+. ~ tr~'y6~''ty~~~`y^~a ~'~C~ "fit '"' '.: ~~ ~<} - - i~a. . µ-c'~t ~^ - ~~.. .• ~~-~ ~- `,~ ~ ~ ~~. ~_ ^`r ~~ e ~~ ~~ ~ ~ r~ ~~ ~ ~I ~` +r ~ - -.__.....-._ ~. ~ { ~~+~ ~,~ ~~ • iy~ '~1~~fj~~~~{x~ ~ ~ ~;. ~ .~r~. ~ ~ lursrtY~ir.,ucifi~Vrn~~~iS Ntruy r~~~;~ `~~illil' ~~1~Ai11~'t 4, ,~ ,~ t; ~~ Vail Crossroads Reinvestment Study October 2006 Section 5: Study Findings The overall findings of the Vail Crossroads Reinvestment Study are presented in this section. These findings are based on the analysis of data collected and field surveys conducted in September 2006. Slum, Deteriorated or Deteriorating Structures: Although the two buildings present in the Study Area were found to be in generally fair condition, the east building in particular exhibited a few trouble spots, as detailed below. ^ On the eastern side of the east building, the tower portion of the wooden facade has sustained water damage and splitting ^ Exterior walls in select areas are crumbling or in a state of disrepair. l r . ~ ,< ~ ~< ~ ~ 4_ L. ~~^ i ~~ /, ~a ~ _ r ,.r 1 ~ .~_ _ , _, ~`°s~- . he eastern side of the east building (View 1 of 2) F ,A :.: ' ..; ' s< ~ .. The eastern side of the east building (View 2 of 2) A deteriorated column base at the garage entrance A crumbling wall on the western side of the east building ,l Vail Crossroads Reinvestment Study October 2006 Predominance of Defective or Inadequate Street Layout: No evidence of Defective or Inadequate Street Layout was observed in the Study Area. Faulty Lot Layout in Relation to Size, Adequacy, Accessibility, or Usefulness: No evidence of Faulty Lot Layout was observed in the Study Area. Unsanitary or Unsafe Conditions: Evidence of Unsanitary or Unsafe Conditions in the Study Area was primarily found in the form of pedestrian hazards. These consisted of crumbling walkways in critical areas such as stairwells, and improvised, unimproved pedestrian walkways suggesting a tack of proper pedestrian access around the site. Specific examples of this include: ^ An cracked and highly uneven pedestrian walkway near stairs ^ An improvised walkway (trail) north of the east building ^ An improvised walkway (trait) above the garbage dumpster ~ vY' 7[ t ~ L " Lx uneven pedestrian watkwaV on southwest portion of west building ~.: ~ ~„~~ ~•f~.. ~ ~ ,~, k ~~ .; } a.,y `q,l ~. _y`s9!' -h' z~ ~ ",i 3 ~} ., f~ - 777 r y f fj// 4r ~(' Ij , 1 Uneven pedestrian trail leading to dumpster north of the east building (View 1 of 3) ';;~ ~ ~L>triY0.~~C;rcx~k~ 13 Vail Crossroads Reinvestment Study October 2006 ,.~~ ~~~ r~a~ ~ ~ ~r~s w ~'_r 1 lr -l air r _~-., .,; Y. , - .. ~ ~ ~ : ~, Uneven pedestrian trail leading to dumpster (View 2 of 3) Although evidence of Unsafe and Unsanitary Conditions was limited to select walkways and portions of the site, most notably north of the east building, it stilt presents a problem since the site contains a number of retail establishments and is open to pedestrians and the public. The walkway leading north around the east building is uneven and unimproved, save for a few wooden boards. The wooden boards suggest that the walkway is generally recognized as a legitimate pedestrian right-of-way, despite its highly improvised nature. Other than the cracked stairway entrance on the southwest corner of the west building, numerous other minor cracked and uneven walkways were observed which are noted in further detail in the next section of this report. Deterioration of Site or Other Improvements: A variety of conditions were identified that meet the Deterioration of Site or Other Improvements factor. These situations were dominated by cracked pavement and walkways, but also included crumbling retention barriers around parking lots and unsightly improvised storage areas. A few examples: ^ Splitting, damaged wooden barriers around the east parking lot on the eastern fringes of the Study Area ^ Cracked pedestrian walkways with uneven surfaces aggravated by numerous different types of surface materials ^ Poor driveway conditions at the southwest delivery entrance ^ Unsightly exposed storage of obsolete appliances and furniture on the north side of the west building ^ An unimproved dirt entrance to the northeast parking area ML•rii+c[~.~Cda}~6Y 14 Vait Crossroads Reinvestment Study October 2006 ,. ~~ ,~""~'~~ ~`~ _ ~ ~• ~ .; '> ! ` 'f ~;. ,,~' ~~ Uneven pedestrian surface off of central parking lot `~ ,' ~ __ i~ t= ~ :, F ~ ~ ~ .;h ~~~ t ~~~, ` ~ 4 ~~ i ~`~ ~ ° ~ ~~ '.r. ~ '" ~. .~_ ~'~ ` !, { ~ ,e t z ` , ,, -. q . ~~ a~ Deteriorated driveway on southwest portion of Study Area (View 2 of 2) s ," ~" ",~ _ ~il tba .r ; . ~ ' ; ~ ~ ~ i iA ~~ c-a a ~ >"< ~ p r ,ti ~' _ ,..~ west to northeast parking tot h : yLmrc[a.~Cittx~S. 15 Deteriorated driveway on southwest portion of Study Area (View 1 of 2) Vail Crossroads Reinvestment Study October 2006 Unlike other potential problem areas detailed earlier in this report, evidence of site maintenance deficiencies wasn't concentrated in a particular part of the site. Instead, such problems were fairly evenly distributed around the Study Area. The dirt entrance to the north parking lot was blocked off by a chain during the field survey, suggesting that it is not a heavily used point of access to the site. Nevertheless, this dirt driveway does create problems such as standing water through poor drainage on the perimeter of the parking lot, as well as plenty of tracked dirt into the paved parking area. Unusual Topography or Inadequate Public Improvements or Utilities: No examples of unusual topography were noted in the Study Area; however, there were instances of poor or inadequate storm drainage observed, as well as a lack of curb and gutter around a significant portion of the site. Furthermore, sidewalks do not exist along the surrounding roads on the northern and eastern. perimeters of the Survey Area. Following is photographic documentation of the lack of sidewalks, curb, and gutter and poor storm drainage: ,, s`ri ~ ;~ .r ,, ~, ,. ,~; ~ : ~.~ .> . s ~, ~ ~ ~~ e .; The northeast perimeter of the Survey Area lacks curb and gutter as well as sidewalks for pedestrians (View 1 of 2) . u, 3 ° y ny ,.,~ _ ~ S.. _ ,.r ` ~~ _ .~ ~ M ~~ ' ~ } ~~g<f sP '~ ' TT~~ ~ '" .'~.,'w ~; 4°m° ~ may, ~'~ ~'~w v. ~1 +eA. _ ~ ~ yt~L~.. Northeast perimeter (View 2 of 2) ~ ~ P !~~Ltti~U:~~(~rot{~c~ 16 Vail Crossroads Reinvestment Study October 2006 Most of the east perimeter lacks sidewalks lumpy pavement surrounding a storm drain ~t ~~~~ ~ ~r~ ~~~ .~ t - r r: ' A.=< .fit w.. ~'k~ ~,:~. +~ `l` ~t~° J ,'.#~.. ~, ~ ,~ ' ' .. "; . 'b }' Looking north along the eastern perimeter. No side or roadside drainage from this point northward. _ ~' t.,~. nc ~i ;S Ate! ^ MM ~~' ~~ 4 gutter downspout emptying onta a clogged or nonexistent drainage system `; ~ ~ ;4L•mixlktiit~Cicx~~~ 17 Vail Crossroads Reinvestment Study October 2006 Defective or Unusual Conditions of Title Rendering the Title Non-marketable: Evidence has been obtained that demonstrates that Defective or Unusual Conditions of Title do exist within the Study Area. The Crossroads parcels have titles which contain several restrictive covenants that dictate the nature and intensity of the uses allowed on the property. Consequently, these covenants adversely affect the ability of the current owners of the Crossroads parcels to market and/or redevelop the site in a manner consistent with the goals and policies of the Town of Vail and its efforts to revitalize the Vail Village area. See the Appendix for documentation of these issues affecting the marketability of the title to the Crossroads parcels. The Existence of Conditions that Endanger Life or Property by Fire and Other Causes: The conditions that apply to this blight factor primarily involve buildings or sites that are not in compliance with fire codes, building codes, or environmental regulations. According to documents provided by the Town of Vail and Vail Fire and Emergency Services, the Crossroads ,-~ ~ tvl>oixl(iaapd~ 18 ,~ __ Vail Crossroads Reinvestment Study October 2006 project is and has been in noncompliance with several of the Town's fire safety regulations. These include the lack of internal fire sprinklers and poor fire truck access. See the documents included in the Appendix section for evidence of these conditions. Buildings that are Unsafe or Unhealthy for Persons to Live or Work In: Much tike the situation explained above for the "Conditions that Endanger Life or Property by Fire and Other Causes" blight factor, the lack of fire sprinklers and poor fire truck access contribute to a finding under this blight factor. Environmental Contamination of Buildings or Property: No evidence of environmental contamination was observed within the Study Area. Existence of Factors Requiring High Levels of Municipal Services or Substantial Physical Underutilization or Vacancy of Sites, Buildings, or Other Improvements: No evidence of this blight factor was observed in the Study Area. k n tiLrmt~~~t(ic~~. 19 Vail Crossroads Reinvestment Study October 2006 Section 6: Study Summary and Recommendation Within the entire Study Area, seven of the 11 blight factors were found. These seven are: • Slum, deteriorated, or deteriorating structures • Unsanitary or unsafe conditions • Deterioration of site or other improvements • Unusual topography or inadequate public improvements or utilities • Defective or unusual conditions of title rendering the title non-marketable; • The existence of conditions that endanger life or property by fire or other causes • Buildings that are unsafe or unhealthy for persons to live or work in Therefore, it is the recommendation of this reinvestment study report to the Vail Reinvestment Authority and to the Town of Vail, that the Study Area in its present condition may be declared a "blighted area" as defined in Colo. Rev. Stat. § 31-25-103(2) by reason of the documented evidence of the existing conditions found in the Study Area, the applicability of those conditions to the 11 blight factors defined in Colorado law, and the existence of five or more of those factors within the Study Area. ;~~L•o~c lam, t.icx}~ ~. 20 Vail Crossroads Reinvestment Study October 2006 Appendix The following materials were provided by the Town of Vail and are included in this Appendix as documentation of several of the blight factors discussed in this report. IVL•mvcla~~i(;ttx~~. 21 s Vail Crossroads Reinvestment Study October 2006 Documents demonstrating "Defective or Unusual Conditions of Title" ~;~ ~ ~~,utt~~, zz ~~i A8!l62V orl~lcs 601 Bat Hyman Avenue Aspen, Colorado B 1611 Telepbone (9?0) 923-1436 Fapimile (970) 923-3008 GLtNVl+00D StltINGB OFFICE The Denver Centre 420 SeventA Street, Snite 100 (3leaaood Spring, Colorado 81601 Telephone (970) 947.1936 Faalmik (970) 947-193? GARFIELD & HECHT, P.C. ATTORNEYS AT LAW Since 1975 wwnvgtSeldttectttcom July 17, 2006 j. iNatthew Mire, Esq. Town Attorney Town of Vail 7'S S. Frontage Road, Vail, CO 81657 Re: Cmasmads/Solaris Covenants Dear Matt: AVON OFFICE Avon Towt- Square, Unit 104 0070 Benchmark Road Yost Otrioe Box 3450 Aron, Colorado 81620 Telephone (970) 949-0707 Facsimile (970) 949-1810 BASAL? OFFICE 1 l0 Midland Avenue, Suite 20l Basalt, Colorado 81621 Telap6one (970) 927-1936 Fspimile (970) 927-1783 Aa we discussed last week, the Protective Cavenants of Vail Village, Pirst Filing, Eagle County, Colorado (the "First Filing Covenants") may Prohibit certain uses approved in connection with the Crosaroada/Solaris DIA. SpedScally, the First Filing Covenants state that Crossroads may only be used for °apartments, rehil shops, service shops, r+estatarartts and tea-mums, hotels, Lodges, professional offices, medical cliniol< rand] aatomobile service eta8on sites.^ Aooordingiy, they would likely prohibit many of the "public amenit#es" set forth in the DIA (including, without lianitatian, the bowling alley, movie theater, ice-skating rink and public parking facilities). The First Filing Covenant were adopted drtia 1962, and Illce most planning documents of that vintage, they have bectime rather antiquated. When Vail Associates, Inc. faced similar problems In connection with the Arrabelle at Vall Square and Founders Pazking Garage, the Town of Vail assisted them in condemning the subject property and the eliminating the restrictive covenants. We respectfully request that you provide us with similar assistance in addressing the restrictive covenants burdening Crossroads. We would like to begin this process as soon as possl`ble, eo please contact me at your earliest convenience to discuss this matter further. Very truly pours, Reed F. Welly, Esq. Avon Office rweily®garfieldhechtrnm Printed on rocycJed paper ,t~" -a Ir+•.'t~'~,_~~t'~ i.t;x •:~.•• •Y'K'„~1 r~. '?•~: L'~•s ^. ,. r. • '` .t. •', v li 'yl .~~~ ¢~•~Y~. tlr,, t ~,~n+c .s } . y` ~ r~~ i v!y : y: ~! f+ . s AIL :a~i' l.: Ff ~.i.'r rt:'~ . / V .t„v+i' 3 :,•.•.!,' • • •' ~ jt ..•:r. , ~ :. ~.' :1=.31 sl .i•s•~~:Zs•!~. i} •.r:r:{it..~;:ft~Z" ~S~sje!,:/'-:..:. ~? vT r•..:\ '•~; ~,•.+ti' 'k~•. i^'~".r 1j`. •: M fj \.~"~+. •`.S •t h ~• •!'~ G'•i~i. •J~!`~.~-:J \'.• •••!~ ~i!I• :f{ ..h• ~y 5.}'i. %Si'•!i ,i~17•.: r.~ t "~'• `+ ~'•' i.: i.j; j11 ..,. •.~~ ,y' -r• •'r,• I '~' 3:• ..yi ~. =Y~qi• Ia..' ••t )''.' ~ ': ~:L 'Ls i' ~•~ 'i .:_' .. .. •. .\:~•Y' Y''. '• ~.r'~• '' t3.'} f. :~.3; i' .' y:,.. ! r: ~• ,t f '. 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'~~`..''~'~~~?.~`'`~'caveaan~s.;•;:~a~1-:~conQition$, •all.'ot=which sha11'bi~•;dae~aaed'to•~ut~ '; `•c.,~;jig`f,.'<.w=~i~it.Yt~~t~laidr•uid'to*inu~i ~to .the Benefit .crf And;2ie' binding, ~y ~ ' " r .fk ~',• :'•.~."~ryit; t~iis ~ Owiler0 • •t~iesx• lea ctive ess j'su ~ .• , ;. .+w ~4..:1r .: ;°• iip~' : ;. ~ • pe~ grs~ant ~, ec~atsox' and. ~ r . ~~;J~`3+','"•.~~:'^lJt~-`~iis{?'s•'a~s'r, . .l}, %" r~*•~~•~~~ ~/7•~~~p/t//~~•~~ ~j,~~~.~~....~w /~~~••~~.~ ( = 1 •• ' .~•• :. ~L,~ t+.r •;'• }! -i1 ~•:: •., ijr" •pIIZ~O ~A'Z+T1S. l~AC3iZTEfifPtJR~IL• C~l~~• y~A~}i.i4~ .. •~ • ), ~j~ . ,••''• / «~``•' 'u•~•' .~;:~~:• ~omn~ttee. ~Ths~•plan~ning' anc~~Xrc~titecti:i~al '~ :r:~;; :,~' y.;;.Cci~ts•41•:CcaoaYttea; ,hereinaftie=:•r8ferrad to {~s,:The C'c~aittse, •• •• •' , ,~:: ~;"~•~;Y:~ifiarh'•k'a'rs~et ~of= ys~•lse~mbsrs•who•shsll•~be`~eaignated by Oarsi~rs., ~~ •"~.~'};t • ..>~,~.~a4•. 9x~P~~iclns'; ~•tv review, etudx,,. and .approve or . ~ '~ •~ ' ~ ~t ~~:~'~•;~F*,Crrij:aa~.'•:p • ' e$.;im~rovea-~nt:s•:.wi'~hin"the~•area desaribed:•in the. • %~_ ~;r, .i;ylit~,~1~. •N~.~pr:'Of :Va:~.l illager'.•P'rst'lf'iliflil,. of which •the~as••..restir'ictiye ~~ ;.;;~:^~~,~:•• ~,~4=~averii~ritis. e#'a'joa,~~•: apart: •. : ~ . ~. . • ~ ;: ~r~~~~ a~~~ ~•' '~"- • • , :. l• : ': , . RuYse : •~ ;the,; Cceanittes' shah nefke'••such ~ r~}1es' acid . . •YY~'~~ '~•.;°•.:bX flews d. -adapt : sugh proceduzes ae.:it may 'ddean ~ppropr3,a e• •• • a~r'~:~.`;: ~;•i` `~ •to : go~erii ~ t,tia• pxoaeed~C-gs :.' • • - • : .' :, : ~• : ~ , • • •' ~ +' :~ : •=~~`:..'S'~~::•. + ~... •_ •...3. • ' a•~ 1••of aian.{' ,IQO 2iuilding .out build#ng,•:. `• „.. .L. ~'~:'^;~~r`~::~K~~fea~e•,~ wall •or'dther.ig~iro+~ena~t'shall Iie•const~uctad; ere~t~! - • , "'' •••~ ~_ •:os••:~aa~.ntaiiied bn:•.an Tract . Sock •or Lbt•' nor .sha'3.t an •adtlition '~%~;i~~+~r•'.~#f;'i.t,~srstc~; •ox alteratiou• tliurein Zie •madq,. ,au~til. •plans• an2t speci.fi-• • ' ' .1•~i;q.• K^~J•~PirA ~.••~~'•~iti,~ti• •AhdW~n •• ,I ~,.~.• . r . ,,. ~ ~ g th~•• color;'rlccatiox~,' materi'ais,' landscaping, -.. •,;:~;;;~+•:;:.a`.,:,"~arsc~:+anc2i.. imrt•tiex•• ir}~oXma'~:dn~ relatinq•,to ,such•' rov~e~t 'as: Ths '; ~• , `~~;;,s:"~>• Coo~til.tte~'~may.~ac~aiso}~ably;~asAuire el~li~ have ibesn~.~aubmitted ~to ~ • << F•',,;~~ :•~rc; =':v-.. ifrd ~ap~icbv~ad by 7.'l~-e•~Caitiq~,tEee in !writing.. :• . , ~', _ . , ' ,: '' :• = ~~ `;w~'~ • :.. • `-. '•' ~••• . '~1::4. ~_Crl.taria•. . In;•passing upoq••such .plans ~'atnd.' apeci-• _ 'y. ;~%~_? •~ ~'";.~ :f~e~'~ti.cais', the • Coamittea s2iaLl consider c'- '. 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'raw-»honses'. , • ~ .. .;•; ° , _ ~~I: r~: ;~ ~ ~;`~ .. `;~' ~~-, Z,,3.: : ~ia'.'let~ksr~•iJ,ldts inn • H~.ocks 3 - :. ~ • • 5 s~ < 58~,: ~ • • . ~ . :;i ;; d •: ,.~... ~ ~ . ~ •fo~' apsrt~Nniits;"rsta}:~ ., .~ ~ .... • ~ ~•restauiraiit~f~ a"~3:,t~s~f-i-obais,": hcstald,. ~1 le.:' •,` . #:. ~~,_ :~ : f: : asrb~as .'iMt~op~i%' • lirii~s « • ~~ Lots ft and3~~t i~!` . , ••~ ';•~ ~~°pjcogess3~iu~l.oflice~i 'ant'! dual.-•.c :~ .: • ~ • •~ ` '..: ~ ~ u6ed' axis' autG~obi~¢, seivics "statlcdi."!~.tes•:: ,. . :'~ ~ ~' : Hlo~k-5~17- pisy~,pi! . ~ •~ • ., • ~:i'w,r~wyivj-~"j•'~'K'ti_K; ,~ ° ;...,~,.... ~., •.~, •,...:.' `, • -.t~~'.' '{, 1•. ~.~a +~';"'"'t; %~:l'ii.!'~'•:i r n _•.,......•r,,.,~. ,,fy~t~" ~~a•I~'S7~i~iL'11~ICwV ~ri~; ~ '- - ••wiW~J..•I•:f~•s!•M!• •.J f: .~•~ y: :.`: i .- • ~ ! -'lei • ~' ~~;~°;: •'` ~•~x 4f.~.:~~fihi~ I,dts,.'Li Bioc7t~.~~: a~il;~.•~bs .•tta •• 'for; pFipato ~: "';~,• `,r~ 'iee~;disicei~;.•sol°ti=~aat~y. ~~Fliaigs,..:ai~1~.•an~abi~ship>'chl'i•;~toveea•:'~,-~'',,;:.,~ ,•:: ' ~ y• ~:'• 4~~r: f r~-~~+::ltc~~s~ ~•t0' ,sell; • ~~C~uO~~ •'+ •'!"•' ;. i 1• ~ ~ r y ~ .* .: , ~=';~~ i ".~c• i ~.~:C fix. ~y'.~4~'i+rf• '•~ '•Z'~~~~;'•. ..~Y~iW ~.;:.~•a~ ~ ar~~~•~~iV~1ii'•;~~•<~~i~j::l yr'•:r• .i'll •r f; . ; ,~~=~: ad~•.p=3~:sfiali''~#~e••de$trato{[~tid•'i~u~~'nse~'aa-<tlxi'1 •¢~ . ~'~.~'~ ~;`L~.::.:aii~•~i~s:, inacessar~i:•and:aasiq~sx_'ahal2~rdesi.gnati,'`'bixt".fug.` :. . , : •_.,*;,~.~:~t;.,•no•viii:~'still:.snc'~-dea'igi~st~'4•:~i~1i;:be••~irio'!?~•i~rtef~ti~trit]i.t~ii~is:"~~• yR~s~` ~~~:' :•=•~'r %: ~ ~• .3 ~: ~ ".r:'=•E~18~31R14T6''.1~ID :~~®'1'8'-0~ ~1Y: '•~ .. ' .. '. ~ ~ ` ' .,~•f;~t;F.~s.y4i;: 4': ~•~~S•:::~~=l~isemei~tA atidri~ighta~o~~ay`for. rosdii;.-li~tiric~•,. ' •+• •••r'~''f• '`°•~~~~:;,..,»,: ,•. +i-2~r'ztr~t,ci'ty:.•'gaer,'• t~lephcuie~~.`.~;r~itpr, ~ aeyezaq~•~ .•bric39.s i•, . y~•:~ :"~~„`a.~aths';-~a'iid.eta~itra• traffic;; :.aad• any`.o~ieY kSud'' o!`. public ' oi~ . ''' :.tai,°.•, .:'gitii~it` ~n~,TSc~ i~liy~-, service'?~s~d 'resesviedi air '~1tio~(iii~ ~•'.thd ~p],at •. ,.~;~ ~. ;*.'?;f<'•,: _~~~:•vii;~~iii~ei~e;..:.•r~s~-'ttli~aq:.;•• ~to•.iei~cs;=ja+aii;•>~dqa, •..barxie~- :•~• . .'~~'=~ f t~•~ =~~~'of~i~ `ii~rh!6-+ia~e~st~ i~ta~i•. be 'arected• :gr~. mai3iti~ • a~oaaq;r' dais: • •~ t : •F . •~,• `" :~ic~catr; ••~ii~'•:'aitAfii ;mid •azeas • reserved • for ' i~sgiei3~~.'•,~•s~id .icights-• .-~: S; ~ f~ ;:~..~ ~~. ~~:',~•'•• s' •,4.~. ~ ••~• ;~ 8IGSB:. • Mo•• sigtts,'!33i11boads; ~agtar• boas'ds• or' . ~ : , ~'~.::~' ~atdvb•issq-~ otfuctit;e .Qf as~-kirid shall :fie e~e~'ti~_ oar aiai~atsiaslt- ' ~ , ~:,-;t ~aa.~-~':~.ot~'o==~tt+ictiu5a•'~fo~n•ariY:~,us~sose:;~lhats~vir',.;.saice~t: sue:' :,:^:•t~:.. :•. s'' : • .~': , s#::~it!ra : b'~!nrsy~aroir'r'd,~'~ f. Thd CapariL'ke~ : as.;~~eisctr~bly-: ~• :, r' y . .. ~~~ •.'::f: • t~'i.y•••• ' I !~~nn ~;.;. 'iiecbssrary,,,'i'ti"r:+t~se ideiiti~~eation ~a~ res~dences'~.arid= piaces ~~• • ~•;':` •~y.,i ~ ~ • .biriiiiiees i• .. ... .~, . L • , a ~~• • .~`~ •: °'S:•-- •: =•:~Ol'1!P.~t;~LiD 'sEMlcG~:• •.Sacii Yta~n~tiuce~~~®siga~ ~f4r •• ~ ~•~ • . ~rl'rit••:,:r'•"• ..~:•siisi~'.~y''htaiah~'•bis#;rigs's2-ali~~'aoi~i~+sc~;:~if't2i•~t2ie••,wates••'.gr~; .•; .~'~~•~{..~•_~~~~a~d~~agb°.gncilitiias:•o~••t~i•~Vdll l-at~ir~;,grid::Sarii,tatibts'Distaricti~.~.- 4. ~•-sari ~•-•. ':,84;:.~rids_te•tiie~~: ~hhll'•'b~,.iu~;ed;'ais.s~=sOtzrre••,ei'` j~steta '!or`?iii~ri,ebarwnp-:. r t~.,, : tton• •ar ziigation• ~in ,•Vaii :Viilat~s, .~i~'st •tii~g`; -nor i2ialf 'say:. ' • . `~~~~'`"•~ .~~`~tac~lity~,•okhinc; thaii•thosi'.provided,by"'tlie•Vail•ilate~r.sad; eainita-~ .~ ~:;~:~`•T'r=~ •~•; ticb~:~ifi%itiei~~• ~?~ usad.fcia •tbs. disposal o~'• ~te+itsge;..•. - ~• ~~Iscfiin~sl• x:;,:~ ' "i~' .'' •'•gajr#iae~e -disposa•1:~ facllftie~s •'shallr b'e~ provided 3n.: eac2i -kitchen ~ ' . •• ~ ' .T ~' , :oar 1"bbct'::p~re,Pitrisig.'area•~ •. •. • :. •• • • ' ~...'• 6i .' •Ti~SS•RmD.;ctAR8AG8.' 14o•tra,~h;, aehea or.•other',•' . '; ~`~'r~.:;`.,•.? c ~•refuse• •mtiy• be• t2tircwis~ 4s: dv~ted on any la witttin• Vail •Vil]a1ge, . ..~ • • ~'~.'~-• = •~•B'rit.•si.liisg:.:~ ~i'he .ba~crsiiig 'di :refuse oist .doors 'Yh~ll 'rion bs • •~ `t~ •.~ . pfoicmitted • in• Va3;1, village, 1+irnt FiLinq. •'$to.. inci=ierator of , • • '; .. ! .'As' ~.~.• •. other. device ~ f~r•;;•the' burning ~;of refuse indoors ~s2usll• bo conatru~j •'. ~' •'• .ted, . 'insta.lled• ~~peraon gitee~t'•ad 'approved ~by, . 3'hi ~ • ~• • . • ~• 6r ua.~ .. •~ i~{.'~"~+~1••'r.w:ri a~ •..... ~ r ••S.•. •. • _. ~. • a1~• ••5 •' ••r' :' y (• 4~• _ ~~. : ,.' ~ 1 • .fiil~ ~~~'-ir "yi~ti~. r•f '.~ .'•6 :.t ~ ~ • t' ~ ' ~• •i' ~ • r •~.~ '~Lt~iC `sw~•',~j„l• •e7 `• ', 'a....:. r•:-.. .. •s• s, N •~. ,~•_' , ,~ y,, •`L'. Syr L=' •~s' j.f'• .9: ..' ' ~'+ ~~l~'' )~• +~,y. ' y.Re,.?}3, :•'. a•."_ r=; ,~• t~~ •2• '!' •;': _ r~~:T.•~es St'r~•'•' r• a .i,:• ,~(• _•s.i~. •sia= '•! L•'~•4 .• '•:+. •2•i •t•~ •• •f,••i '`• s• :fir ,/~. r::,~}-• ~;.~;~,tfii~"i'`,.~'y,~• ~.r~~. •.." ll• •a±u~~:~s~31 ovi~i~'~id~titt~Zi~,iice ~:.. • •-. rx:;f. . ';y;~~•~:~i~~.• l~~,si?~ion~•;o~`;tii °~1~'c]i`••r.~cip~o 'If~~ •~'.=w• ..:.~'t~^/`•,~.",-; •:S~,j~:;~r~`1~~~-~i~ef~fads.#~ :Pali'~C`'vs~r•:sad'~•pir6eictied•.;:trci~d~ii~d~r'b+~~':.;:.r~:~.::- : : ,~t-3. {^!•%i:'~"•jj~il.~{.us#rr~22•••L~A•; Ltif:••f.~;ti.{••.y J• •.r..' .•; ..i •• .. •. ..? .i... .t 'ew1:~• _' :~" '~,wi.. ;. y~,~.:y ~2ry.~ %a~.J,~R+'r Y•,j ':7 i• •"LT.VZi,S~R•.r';~•~ibi~~~r••liv~sitock,:• vra ..,M.'• ^~~',4,.," ~~r, c.'~w~,•~.,. , ~:~! t~+"' •.,:• Y~~~"~, kt~ai3 • e?c~p'C,:'dcq~;= 'dit~i.' •sAl1•'oeher• ;2~c~i~i p!ts'•• -; ; •" ~ • ; ~ .:~` ~~~rj~~~ . ,:'~>~~~rs-~ci~~e.;;~s~.ia w~ ~:~r+lr~;~~vss~~:vi1~;a~r :t:a~+e:~isisri~;;:~' i::•;,: ~~,• > . ;~•, ~'. .~u~~arsir::+~ieatg~stid ~sfir~•;ltil~~p~spaiid,i::~y.: ~'b •~a~iiaitEs:::' :';{ .'J• ;~tMi~-';~•,•{ .==.~1.1•ti4 ~ r'. •• .~.• ~.: .r;.i. ~. •~e ;Y Y„ .. ~.• •t. .i '4N:=..~Y•l "1 ~y :~:~'~:ti~A..•.'..`,:','.. .. ~y"~ ,} ~tl.: ~ .~ to ~•fi ~y,`~y :f.~• ••: .a~... '~~'}~'~%~~`'~~Y;fl..`~•!j`y::TL~,.'8•r•• ••~• •~T~~'., :~V•'~I~t'~~••s~.~~t:•~.:CntK•:•.tL',~.a~.~,:.01''.=~I~WW• ~•lr~f~•"~::• 'sjyiy: ~;'=`;:i~•'?r;.~~Y• ~;11'lrl;isgi,'•, ~iics~:~Zilitig; :ixcepti•:vi~tb-~si~DOc`1iYittin;•~~~'coval' r'~!'' t~`~+;".~~:r~'~-~: ':;;CiwRitt~iie.J•a~ •b'y.~p~rzlsotis:~d`u1 `~L 'riy~ Co~ifttdii• ~':':• :;'•' .. ~~y` ' i •• •Y~ ~ ~•'~• *;i 1. •,rt •` •A•x',+• ••i.•. r.~~•••• 1 ~••• ••~~ji ,• • ~f,. ~/•~~~'r s~~~' ~y~V••~~~~~~ .F.,~~ • .~~;;~.~? :~;~;i''aei~gp~aisd~'~~or•~.a~i •~lo.~atia~i:' pf ~ ~iipp=avel~t~ts .vitit: i~ilatl~on• •to' . ... ".~::.~ ;~?:~~ ~;~~'~.'., . "• ~;;lihes "•~it .t2ii• •lotat'ian'•o!: sach• i•~roverat: ~wati -b~ •t :' • ~•., :; •::,:~ •~•••'''' '•'sppi~ '_ ~;ii'sdvai~t ~by-•`~a•~cwaititji.'L iu. detsi~iRtii~q, tbi" psopes~ ~' ;,. '' ~~'~,~~i!`~''~ ~lo~t':'iioh•:i~pzbveiMrit;:'~~~Ccw~xtti+ie„sha13. ~coeistd~ic t~'a. ~ ~~ ~ _ . ;~"' ~_:. ,.~: OR! sd iQOAt z ~rt • i : • _ ' t.~•' • t,. , r` _ . "'~p~!#bp.~itt~ :iicitiaq ai~i3'`•futnice . i~gpavi~rents'2• ~ .'"p ~ Y ; .:~,: ~;'~!r~iiiii'• •','ot;ad~aceriti'p~apezt~'awnirs=.. 'axid:iuc~'~ otTisz~•.aonstary '~ .. ~•~:: ~~ ~'~ •:.oz: ~ais ih~~2'ce'~i~~dt~a f;bi~~ ai ~'1t . ~iay•, deer ~appzopsiat~i.:• ~ t, ' .:: ~ ,.,::..., ~; .r. ... :..: ..~,: ' ~ •.,.:,:. ~ .;, ~. ..gip" i•ti . t,~1~!'.J1~tDlo' x~ `Gi1~Z~ • ,1t11 atlrlsce arias • : ; • : ~'-~, .?' _• ..,. 1 .r •ti•~.~',`r=Ti•hr~fitd~•?~'f;-~t~OiisRt}ictiloe-'i~ll• bt,,ratus~iid prowptlY tto•t?uiic :;~':•' . n`r','••`~•'.~•~~4x'' • Cion ~iad ~tiphntijd.~ in: •aatil:'ve?~,raa~~; except . Mhere . • ~ ~ • ;~ . !~`%°:'~.. •~w.sbgbt,..siw~tsti'i xo •bi';.is~psarid' ..3iy 't~i:.caiia~uq on •'o!'•ga~edsnr,• • • ; ,,~;~~ :;;•~an~eis•;;;~~e's~;~~itiiiife.liv:ii~~•sz~aa";:.V~ileh`~r-i~x •pez~il.ttsd cn• y. ;: ..''' ;~'.~ ' ~Tl -• '' tjL_~~, : p~iiiis• tlyiselor atisli`~~ager•beiRii ~:a~iprowd ~ «y' .the: .. . ~`'~~,':?' • ••~;.. ~ `• ~~' ` . yam: il• ' A1ti~,.~~I•:P~'' •.:~o, aticvcture.'designrd' for : •'.. i' • •; `.~:?~- =L`~';~t`~iiiiA~vsi;;a~::'Liibits~'ion'al~ill:br cai~tiucte~d'.w~leRa 'tZii iggfegate••` ~ ,~ ~i,%~,`;~.~`~t~ogq~asia:•: eaccivuivi° o!.'open po~rch~i~E...~ba~e~i~ta'.. carpores and • •< ... ;~~ `:;•~~~,'~~~yrgs~tagi~';;:'iil~iall:•lie`.;in.xceii'•Ot;-90Q•:sgiiarr lset,.•:~ 7!'!te Cdwaitte~ ' :.,;,; y*; °:~~a~;yai3"c~ti~riiri::#x~ori' :that ••diiigsi •o!; :t2re . tigptavi~At wb_ ethss .a~n • .. :. '. ;~.,,j'•~"`'f•:fsr~'•;vlii'~~;f:i; partis'i'ijr bvl:ar:~draKle':iha'11: qua.lity• as ar~a~ •koLbe• '" ~, y: -•ii'~ 2,+idid''=rltt~ :fie ; wspiiwi : p±:•w~as iA ~ •a cea .. • . • . i . , • . ~ ^ :';' • ;lZ~.`: ~ ':_ ~?3tilla~ ~1t11,NSi:.., 110'.• ~wbtd :. nawie ..'• rXsAoi ,t • or • •caaDinatic~n ~ . i • .. •,:;~:'l..~icdE~s'liil3;:bi-,as~d 'Eo;id~ntify.'!oY•COS~xCial pur~ar~%=a ~rioure; r' • ±~: •' ''y'` ,';~~~'~ittuctari•••.;bniiMSr''Qt'•rest'vici'ii~~•Vail•.Village,=rir.t i~i~ng,.:'~' •~xr•,• ,i~si:=t~: iawe,'s~i1•:3tiive:• been •~ll~r~ti' appravsd •~iri •writinq;by The`• ~';: , .' • ~':~,~ .•j'•. •.. . r • 13. • •• ' ~ ~Ta1W~R7~1tY~:STRQtT~A]~8. ' lto te~poi~sjry atruct~xro,-'. : '• :.~ • ' • _''"~'^ ~<' ixcl~'yatib~i',.• h~aew,'snt.,• •trii•l,eir• or. ti~ent~, iihall "be pia~nitited. i.iz Vail ' . .' ~ • • . ti ^~'^ e''• •.r •, fir" •. ~~-.w• •"1~; :; r' 's• '~•,~~'~r'~' '~~• •r .. '~ .. =.i:•:. ;.,fit. .~~•.`'At~;•,•r~" =ry ' ,t~,i" .',~I.~~c'~>~-•~•~•~.'~~'t'%t~.~• 'I:...~~ ...ti,'i~r:rli t • b~•fl~rC~rii~,~t~11s• ~.COIi*:. ,r•'4 ,'~'y~~ ::1,t''~11Cti~rOlYs~':~•ri~Ok'~.'~r~''~'.•'1~~,'•~~,.tN:' •;,r •~•'~4'.c '''•Ir'`ti. ~: : ,~;:.,: •:1~ •,C~iMl3~f0~lX ;0~,'Cl~s'#04TYOR,: :,711,1 iC~_ '; ~ •~: "y7 ,~~°~.~,;. :c.iw'ia.'+3r:•. •Yv i ;.vs ~'s~x: si ••-i ~ ilF ''mot.:: ;•:: .;~'• •.,," t<'y,/3jyi~~~"1`p~~`e~l:~;• ~~j~.-.,fO,.~plotidi•'~1~,;~t1~"11•loi•~ c. ,~~~t~i~' .iio~a~.lr~-~ ~; • .,usx"•`~r •' ••~• ~; peg ir.#~th~:vieitl+~n • daaii~t:~ ot!';:3'ti+i. •k~'.:; =,,~• ... •;. ~~"~~~:;'' ~.,:•~;';~: >,;`.•i~:f• •':1~11~::, ~~q""~ioiSbdr =bareoltiipiiiw t~iv~tt• •~` _` :`.'t~;.;;~' ~rhiri~'-bo ea~r'ieiid'•aa•~.nor~+s~ia~'1 ia~ig•bii':'d' e~:•~isriitt.~d.•.•_•~. •.::r '~ "'• : ~ . ~~~•: °'~`• •;~liio~i;'r2ia11 ~~oditiitiuto, 'pvblei ;riaisl~r~c~.~~i~ Y~il 11-111aq~i;~ 'yl;itit::,. ;~•.:•. ,~'~,•. , :. i . ,r ''t • is " :y ' +% •.>. r ~r~ ~ r : •:~~-':`~..• `c~ ~`•~16: ~.• ::••t~!'ii':• '~d' trata~N•~wailU :oc•~otliss .Dissi~rr. ii7r~i31' .': , f ~c•`; , •pssiiittod•:'ioar" tt~i• ~ ~' a! •,rziclariifq~ bs :deesr~atiiaq prapii '' ` ~• ` : ~•:~bieidarili';'~"ii~-'~e~~i:'•1 f. F 6tnsti~.• ~.+ •, • < •. • . ,~ f~` ~r.: !'i+..•}L4 •. ~: f; .'~. •.~ /yam /~~ t f `. ~y~~t; ••T• /{J• 1 {•yt4.~.'J:~ ':t. •r. .•t• .'1~~: •,: 4KiiV~•'~••r1w~~Z\i~.. Yf. .. .~ .•~,•iiVfYr ~'• ^ '. ~~•.i" ~f .•7:•'v+~ :,r~tsiCti~~:xa.Li~Mti~~j .~9s~~ats ~~ni11t~•~CCfi~iltNSd~' 'ti• •I. r '; ~3:i:••~'' ;• ;I~~~~ ' Nil .~~ YOS', t~~ b~~tit= ~• ilfa'.~3t'iditl4 ~ ~:.,NQb• ts~Ct •' • •~ ~~ ~'~~:';='~ •ti~::'Yi~1: Vt1Lgi'.,•:'tl.~st~.lSliaq: and,:i~ch'•own~s, e~i.;pse~seY"tlNroi~,•"•'• •,~ . , ~:•~:;f •~:~'~ •tiii'•*aCc~ssosr,:~~"~icrpsys~nttti~s :ttixs' sii~iq~~•.~i:iid :s~1.1•.eoiRtiAwi. :• ~, ~a°,`;~.~;'; ~'•ti:,ip: rlti2l: f~cs:•~Ad'.'i~loct IiAt~;.Jaiiyasy';.,1~,;.19l~'; , ~1~'.aifii,~ • tlsi:: •' '. t' .:. • : . '~~•~:;~'":'~ t~aY`;>s~li~~•fii1'•~sut~i'tic~i~y•~enQb.~fcar • S iiuC~isiai t~rir of • ~ ~~~•~`:' :,;: . ~ •18'. • . ~:: ~°~e.'cadiCiais,:`'ir~st~lctiaii,' itipu-~ ~ • . : . ~`~~~;:?~ 'f~ ~~• 'vlit.~oh~-~r.: ~l~~t~ ' alfd' COY~}ta '~Oflta~kt%dj~N,~"lr~Tl:-.•~i~Iti1. A0~ '. ; ~• .~ .. 1 ~ ~a TF•` •• ~~'; {:~~'.1~~•!~'idj'• ~i~~~l~Q,'..t~l~lit~~ 'O! il1~d~M~%t!~wj'f..~~• Ml~.t `LSO : = ~ _.• : ~:'~~~ ~-s:~ .cb~f~41ti;,~.~.t,,bl~rr:-b!'':7~5'1itol~ tbi ,pgrivati~ly•~i~rr~ied .2aiad• i~~ .,' . , ~.;•~.':' • cli~d~d;~vitAin;tb~eid~=i4ir...o~. Vssi~-Villj~,•• #''iza~ tiling',; " ~~. .. ~ ~- '`'`';.r'.' '.~ ~" ~f,`.L;N':fii~'~~tY•~ ~. .?fir' rhb~ih~by•'tbf Utt• CR' i11!'.3.1f•'thi' otiiCS . ~;;• ~ `=%:;~ ~ot;~•:: Cli'sk~: sp4 •~iprcbdrdz.'of .axis :C•y:' ~COldrsdo: ~ .. V~"f•~r :.br^ •.r.r:` •'a•: '~".•171, '••`~~~_ `.. i!~'any..p+r~tab~~al~arl. Vi~/1~t~(Ol'•• ~ •. ~:.• ..•li:t 'io ~i~i~o~iiti~ r~y.:v,~ ~•: ~rw•ir~befi~ ot'=•tfi3.s''ir+r'tru~-at, • .... • it •~al~l' bi ~lsi-!i~• ;for;=~i»~. ~`~isiai ~ or. ~-iii~ivrii ' ar~hiir~4~ i~w 1 ' •`~'~• - ~ - ' i ` ~svpistY••.~a Ytiti •V,i•L•l~igi; ';ti•rr~ •-~;liiig; '•eti;~._irstieyto•. pii~li~r•:. • ~'; • •.at.•lsii ac':,lia.•'ia'~viity~.to'~~.'siiev ".h~•Psa-'ssiae~s`~ot':t2~is::ixir~ru-;•i~ :.;'~ ~` .' • ~'• ~~iat ' to: r.~itsaitt• ~: pesrcei vldstlrKf Or.: t#isi~tirii~ig~ to•' •• • ' • . ~ % . .,:; ~f~,•: •~igli~!•t~,: and, to °re~wos` da.~gra.• sctail. and•'pwniti,`vl:.•:foac:,~:. :•. ..'' •.r • i~ic]i'~.Vio~itiaaii:~ ... • . .. • ~ ~ .. ~~ •' :.: r ` ,> ,i..r+.y.... ..u. w • ..^K:4.:,t'.t.t.... .. y. s•.'r :+Y. ^.5,•~.•.~tr•~+.•.. t f:~ ~1~.,~_p~....^S••,t.. ;~r~;i. Vail Crossroads Reinvestment Study October 2006 Documents demonstrating "Existence of Conditions that Endanger Life or Property by Fire or Other Causes" and "Buildings that are Unsafe or Unhealthy for Persons to Live or Work In" q ~ ~>hst[k~(~cx~e. 23 ` ~ iVL . Oct-03-06 03:Odps Pro3-TQ~ti OF VAIL CGL1~4t#HlTY CEVELOF4ENT 9TU4T~2452 T-479 P.OOtl021 P-T46 ~~ d To wlv olf~ v 42 West Meadow Drive Yai1 Fire Department 1/ai~, Colorado 81657 970.¢79-2250 September I8, 1997 Maxine 11~iller Crossroads West Condominium Association I43 East Meadow .Drive Tlai~ Colorado 8T 657 Fax (970) 476-8293 Re: ,Retroactive Fire Sprinkler 1'ssue Dear:Ylaxine; As a result of rite meetings between you, Billl'Yerce, Chiefpuran, and myself, we thought it best to try and lay out the issues as clearly as we can. It is not out intent to scare anyone, but to simply explain fvliy we have expressed our opinions in suci: strong and unwaivittg termer Tlie Crossroads West building poses several challenges from a, jlre fid Ming tac~cal standpoint, Access, the type of canstructian, the building height, the combustible exlerlor finish, Ifrnited egress, limited fare hydrant locations, and interior modi, f~tcations, some of which may not have been made within the perimeters of applicable building and fire codes, contribute to the aggregate effect; Sections A, B, and C are currently accessible from the east and west sides, given some limitations of ladder truck access due to tandscaping on the east sides 2"he D aad ,~ towers are virtually inaccessible from the east cod south sides due to the setback distance from where we can position aerial apparatus, The proposed recott, figuration of the parking lot wiU only serve to reduce the access. ,Even under t1:~ current configuration, the D and E towers are too far front the parking lotto be able to e, fj'ectlvely set up and operate ~erlal appuratu~ _ The type of constructtort poses a sign scant threat to the survivabtlity of the struMure in the event of a tires white some sections of t1:e building may ha ve met the codes under whlelt it vas bult~ clearly the ltlghea7 7artions are riot acrd never (save been within the ~!imitatiorts of the codes as to the height and type of :onstruction for a residential building, At the tr.Ke Crossroads was built; there was not a building deportment akher within the Town of Yatl nor L°agle County. Inspections were conducted by the State of Colorado and 'ew inspections were conducted wlthlit Eagle County. The workload of the State inspectors !!mired their hvalvement to schools anti hospitals only. :rossroads West BuildingAssessrnent Page 2 Cct-03-OB 03:Odpa Frog-TOtIl1 CF VAIL CCt41lL't11TY GEVELOPi~NT 9T04T92d52 T-479 P.006/021 F-Td5 Codes throughout the country have for many years required a mintmurn of two exits from upper flovr~ Crossroads West does not have the req mired secondary means of egress from the residential portions. The concept that someone could seek refuge by standing on a balcony is not valid The glass an the slidiirg doors should not be expected to last more than X 0 minutes when exposed to a fry The rate and amount of toxic smoke prodstction normally produced by a residential fire would be deadly to anyone exposed to it jot such a ten mfnuteperioa: Theprobability of rescue within a ten minuteperiod is low, due to the fact It takes about 2p - 30 minutes for o,~jduty personnel to 6e paged, respond, and set ttp an aerial apparatus. Evert then, we can only position the ladder ro reach one balcony at a trine. ~ . The existing stairwells are open to the exterior with little or rro pltysica! security. The semi-enclosed chase from the second floors and up, only tend to turn the stairwell into a chimney in a fire. 'The enclosed areas of the stairways also provide same poten real degree of "cover"for anyone attempting to engage In criminal activity. The wood siding within the stairway has been agln47 and drying out since its original Installation. Any fue t1:at were to breakout-into the stuirryvay would literally climb up the interior surface of the stairway at a horrific and deadly speed • The number and locations offrre hydrants in the lmrrtediate area are of concern to the Fire Department as weld While the fire hydrants art under the "control" ofthe water distrlct,•we can and do make recommendations as to location. Tlie recornrnertded locations, additions, and changes are a futectiort of capital priorities asset ford: by the water distrtcx We have lost one hydrant across the street from Crossroads and it has not been replaced CfiiefDuran did look into the issue and according to the water district, tl:e "averaa~e"cost of installing a new~re hydrant rs estimated to be about x'3.500. An additl'ortal frre hydrant would be potentially helpful. The interior modifzcatiorts roe refer to iitslude tl:e addition vt'lofts, saunas, conversion of storage areas into sleeping quarters, and similar changes that have occurred over the years i<f'e have become aware of tftese canrlitions by virtue ojhaving been inside some of the units during alarm conditiots, an occasional, fire, artd rise occasional rnedica! ca1L • lf'e leave not taken action to require abatement of these conditions to date, prirrrarily due to what seems to be aperpetual train ofproposals and series o,J" "stated interns" to re»todel, reconfigure, or otherwise effect a change in the building and slt~ As we have ma.ay times expressed, any changes may and probably will, result in compulsory eotnpliance with certalrr code requirements Under the provisions of the Town of Y'att :i1'unicipal Code, no changes in the building (or access to it as it aJ)`ects frre, frgl:titsg operations), may be rnr~de that result in a detrimental effects without proper rrsisigation. Appendix 1, Chapter Y of the 199X edition of the Uniform Budding Code andAppendix I-A, Division 2, of Ilse Ilnifnrm Fire Code, both address certain issues applicable to existing buildings. Neither appendix speci,~cally requires rite retroactive installation of~re sprinkler system. However, the cods does oblige flee chief adminlstr~ator of the respective c,~des to enforce the provision. once tlsey are aware of violations f~urlations ident~ed at Crossroads Hest include many of the issues that limit rite Fire Department's ability to access the building andfight a fire. The lack of a second exit isperhaps she foremost violation. TI:e wood siding witlrin the stairtower Is a violation. The mere existence of rite forth and fifth floors in the . buildinb appears to constitute a violation. Crossroads West BuildingAssQ~smer,t ~ Page 3 Oct-03-06 03:04Ra Frog-TOktl OF VAII COL4t1,WITY DEVELOPMkNT 9704791452 T-479 P.009l021 F-745 Rernedles do exist for Borne of the vloGuions, but to require the physical removal of one or rivo entire floors does not seem practical ar reasonable, especially when a viable alternative already exlst~ The Flre Department has for manyyears, held aphilosophy that we are open to .solutions Charprovide an equivalent level ofsafety. The codes also allow for "engineered equivalenclex" Our experience has been that nothing short of the installation offire sprinkler syste,ns, even retroactively, can adequately meet the intent of ilia code provisions ar provide the proper level of fire s~:fety, meet the technical requirements of an "engineered equivalenry,"or provide for an effective and cost efficient solution. We are therefore, asking thatyou consider Ilia opportunity to voluntarily install a f ire sprinkler systen throughout the residential portion of Crossrokds West As we have noted, the building already has most of the infrastructure In place to facilitate such a,~ragram. The water mains, fire control valves, and related features, tl:at normally average 20i6 of the cost of a retro-insrtallatlon, are already them ?tvo condominiums have already been retrofitted and the lessons learned from those owners can be applied tv Ilia Association's advantages The Fire Department will commit to gfi~ingyou whatever assistance we can, within the limits of our ability, towards explaining these issues to the T7embershlp, advising you on wl:rrt processes other associations have followed, and give you the bane, ft of our axperience !n retrofit prograrnt The Association should also be aware, !t is our intent to enforce the pro»sions oft/re code tftat prvl:ibtt any changes to the complex that are d~~irlmental to the Ufe safety of the occupants. We cannot-allow a reconfiguration of the parking Iot that reduces fire access, cannot allow any expansion of sgrcare footage, or any other profec~s that may have a negative effect, tivttliout a commitment td install a fire sprinkler System. Several other buildings in Dail are currently in one of the various stages of frre sprinkler retrofit programme Xt appears to its tl:at the Issue will notgo mvay on its own. We anticipate a legally binding order to retrofit may be forthcaning and as such, is only a matter of'time; how long we don't know, but more and mote projects are retrvf fitting each year. .['lease do not[:esitate to contact trs ifyou fvlsli to discuss this issue mores We will make ourselves available upon request Thank you for your dnterest Strtcerely, ltlichael.ltlcGee Fire Marsha.[ cc: Chief Duran Asst, Chief John Gulick Insp. J'effAtencio Bill Bierce Oct-03-06 03:OTp~ Frca-TO~fl OF VAII CO4>t!t3NITY BE~lEl.OP1uENT li104T02452 T-4T9 P.018/021 F-T45 Towly of VAxz . ..~ 4Z FYest ~Yleadow Driu¢ Yail Fire Department Vail, Colorado &1657 970-479-2250 'Kay I8, 1998 Crossroads of Vail Condomittlttm Association Att: Charles H. Anderson ,Frances A. & Michael T3! Sheilds 6 S Lane, Cherry Hills Pillage Englewoor~ CO 8011 Re: Fire Sprinkler Retrofit Dear Crossroads of Vail Ran Condominium ~4s~ociatian; It has cume to our attention that certain elements and cot:ditiotts of the Crossroads of Vail Building !orated at X41 WestM'eadow give, Yail, ,Cagle County, Colorado, 81657, are not In compliance with the ntlnimtctn code requirements as set fortJi itr the Uniform Building Code attd Uniform'Fixe.Code, as adopted by tJie Town of Vail Pursuant to the provisions of the.T~wn of Vail sl?unicipal Code, Title 10, Sections 10-1 Z:,~ and IO-1- 3, Uniform Fire Cody, I99I edition, Part VII'!, ,t3ivision 1, Appendix 1 A, such conditions as exist, constitute a distinct hazard tv life and property and as such, must be abated, remedied, corrected, or txltlgated tlrrougl: the installation of apprnnriatc fare protection systems and devices. It is the Firs Deparh>:ent's opinion'that the retroactive lnst~llation ofa properly designed and installed fire sprinkler system and appurtenances, would be the.rnost effective means to ntltlgate many of the conditions considered dctri~nental to, the Itfe safety of the occupants. Addltto>:al measures may be required Any permit for remodel ter:ovation, or related activity will require the installation of a frre sprinkler .rystem within the permit area attd eotnpletion wi116e required before the issuance of a Ccttificate of Occupancy or Temporary Cert~cate of Occupatiey. The ?'o-vn of Vail Municipal Code requires plans be submitted within I8 months of notiftcatian, contained herein, and for comple[lon of the worJc within I S months iherec{Jter. We waulrt like to sae some progress and plan development started before this fall and work proceed wichout undue delay. Qr~r desire is to see rJ:e etrtire building retrofinad with an approved fire sprinkler system within the next X Z to I8 months . Gct-03-Ofi 03:08p~ Fra3-TOitTi OF VAIL C01!#~1~'{ITY DEVELOPIENT 9704792452 i-476 P.0191021 F-l4'~ Crossroads of Yall Page 2 Are are available to discuss questions, u~lternatlv~s, and procedural asyeds if you so drssire. Please cot:tad either Chief Dlck Duran, ,~'lre,ilarshal.~'tchaellY.lcGee or Chief Building p~cia! Gary Goodell if we may be of assistance. Sincerely, Michael McGee Fire Marshal (97D) 479-2135 cc: Chief,puran (97D) 479-zZ52 Charlie Davis, Building !ns pector Tom Moorhead, Town .4itorney Robert ,11'cLaurln, Tawn .A~anager Cary oodell Chic~fBuilding Official. (97D) 479-23ZI Oct-03-06 03:04pm Fray-TO°iVtl Of VAIL C411a't!!IITY GEVELOPI~NT 9T04t924E2 T-4T9 P.006/02! F-T46 ~, To wN C~' v lUail Pkre & ,Fmergency,$ervices 42 TYestlYl'eadowDrive Yale Colorado 81657 970-d79-2250 December 8, 2000 Crossroads of Vail Condominium Association C/o Steve Stc~`ford Slifer 11Xanagement Co»rpany Inc. X43 East Meadow Drive, Suite 360 Vail, Colorado 8165y Re: ..Fire Sprinkler Retrofit Plan Dear Crossroads of Vail Condominium Association: Vail Fire and Emergency Services wishes to remind the Association the time line for completion of the ft're sprinkler system in Crossroads jT'est is still binding. According.to our records, the Association was officially notified as of June,.1~998'. we have received bid plans from B.14:P.E, ., and have approved th~3 plans in terms of meeting the intent and scope of the requirements. Shop drawings are still requires' from a licensed contractor in order to obtain a valr'd permit front tt:e Town of iVail. . ?7ia Association has met the initud deadline within which ,plans were required to be~ submitted The next deadline is June, 2001, by which time the entire,fire sprinkler retrnft system should be completed. As we have experienced with the baekflow preventarproject, contractors tend to become busy as'the building cycles progress. Contractors are now biddiitgJ~rojects for the spring of 2001. We highly recommend the Association seriously consuier moving forward in soliciting bids and contract negotiation, Please contact us if we may be of assisicnce. Sincerely, 1lTichrtel McGee Deputy Chief /Fire Marshal {970) 479-2.135 cc: Chief John Gulick Gary Goodell, Chief Building O~clal Tom ~i1i'oorhead, Town Attorney- Oct-03-06 03:03a~ Fta~-TG~TI OF UAIL COIMINITY OEVElOP4~Nt 9704782462 T-479 P_003 F-745 i~ 710WN OF VAIL Yail Fire ~ Emergency Services 42 West 1V~'eadow Drive twill Colorado 81637 970-479-225© April 16, 2003 Crossroads of Vait-Condo Association c% Steve Stafford, Slifer 1Kattagement 143 E. Meadow Dn've Vail, Colorado 81657 - ~-• --• Re: Enforcement Actions Dear Sir: In response to your quesKon regarding possible enforcement actions as a result of failure #o comply with the fire sprinkler retrofit, it is essential to Hate any penalty would be determined by the Municipal Court upon a,~nding of guilty. - _ It is our expressed intent to try and avoid having to, file charges and subsequent prosecution. 'G~e have endem~ored to find equitable solutions, worked towards incremental improvements, established timelines, and honestly spent a considerable mzount of staff time and effort towards resolution. However; there is a limit. rn the event the Association at targe proceeds with the retrafzt program and we fznd certain portions of the property are excluded from the contract, t can only anticipate we wilt need to contait those owners to determine their intent. In the event we are unable to establish a clear and demonstrable intent to comply with the orders issued ta June, 1998, in as much as we have documented correspondence, held meetings with the Association, met with individuals both fit support and in opposition to the ret'rofftprogram, dating back to I?ecember, 1996, September of I99T and tune of 1998, and whereas the applicable section of the referenced code required compliance within tliree years of notification, and whereas the deadline has fvelt passed, I see no option other than to proceed with strict enforcement actions.. The Town of Vail Municipal Code adopF's the 1997 edition of the Uniform Fire Code with amendments, under section 10-1 Z: CODES ADOPTED BY REFERENCE: B. 1~~re Gode: The Uniform Fire Code, 1997 Edition, volumes I and 2, and all appendix chapters thereto, is hereby adopted by reference. The Uniform Fire Code, 1997 Edition, fs published by the 1'nternational Fire Code Xnstftute, 536D -Yorkman Mill Road, l~hittier, California 906012298. Within the Uniform fire code, there are two sfgttiftcant sections that deal with,faiture to comply. The general penalty section under Arlicte 1, Section 103, Subsection 103.4.4, states impart: Oct-03-06 03:03pa Frog-TO'~41 OF VAIL COWNk41TY DEVELOPI,fHT 9T04TQ2452 T-4T6 P.004 F-T4S ,crrr ~uue i tnuructput Lode Page 2 " 103.4.4 Citations Persons operating or maintaining an occupancy, premises, or vehicle subject to this code who allow a hazard to exist or fail to take immediate action to abate a hazard on such occupancy, premises, or vehicle when orde-'ed or notified to do so by the chief shall be guilty of a misdemeanor. A The second penalty section as it pertains to this situation is in the Un{(orm Fire Code, Part LY, Appendices, Division I, Existi-tg Buildings, Appendix I-A, Section .i, subsection 1.2, and reads in part: "Effective Date. Within 18 months c{ fifer the affective date of Appendix I-A, plans for compliance shall be submu'ted and approved and within 18 months thereafter the work shall be completed or the budding shall be vacated until mode to conform. " tither sections of the Uniform Fire Code allow the Chief to order the use of a portion of the building to be evacuated (Article 1, 1©3.4.1.3) and allow the Chief to order abatement (Article X, 103.4.5). In as much as the Uniform Fire Code has been adopted and is part of the Town of Vail Municipal Code, it should be noted the penalty section of the Municipal Code reads in part, as follows: "1-4-.t: GENERAL PENALTY 1 A. Violation And Punishment: 1. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Code. Unless otherwise specifically provided, any person eighteen (18) years of age or older violating any section of the Town Cade shall be punished by a fine of not more than nine hundred ninety nine dollars ($999.00), or by incarceration root to exceed one liundred eighty (180) days or by both sucl! fine~and incarceration. A It is not within the scope or authority far Vat! lyire & Emergency Services to dictate what penalty assessment the Court may impose upon a finding of guilty. It is within our scope and authority to enforce the code. The Town of Vail Municipal Code is available on-line at httn://www.vailgQv.com/, where the penalty section of the Municipal Code may be reviewed. Please contact me if you need ,further explanation or you may contact Chief Gulick at 479 2253 or Town Attorney Mau Mire at 479-2107. Sincerely, Michael McGee Deputy Chief J Dire ~Ylarsha! Cc: Matt Mire, Town Attorney .lahn Gulicl~ Fire Chief Oct-03-OB 03:05p~ Prop-TOi~i OF UAIL CO1l~l1lH{TY CEUEIOPGENT 4704741452 T-474 P.O10/021 F-745 • To~r~v o.~ v.4rz~ !Vail Fire ~ Emergency Services 4Z Ffrest lYScadow IJrlve Yail, Colorado SX 657 970-479-ZZSU A, pti1.~O, ZOQ4 Dean Taylor Y6ZS aruner Street' suite '407 Deny: r, CO 80202 Re: Retro,/!t Fire Sprnhler InstaUaliun at Crossroads Dear Mr. Taylor, Thank you far your le;:er and your pleone neessag~ 7 understated how scleerletles become crvzvded and apologizefor the delay ir: resr~reding. . Ye::xs is not tr'tt' only issue styli pending. As such, ,l must clarify a couple of issues regarding the Crassroaris Condamittieux Association's and the cotetrdct far the firs sprinkler system by delineating cerrr~in chronolog~:.al seed detailed evenly. As you know, several years ugo, the Tawrr aj 1~ail issued an order to comply with tl:e F7re and Srcilding Codes ~'"/re plaits artd spec~/icatiuns• far the Crossroads West retrofft as developed Gy Tun Ruckn,~r with Harter Architects and Perry Mathews, P.~ with 13.F.P. ~, a fire protection engineer, were, fairly conrprchensive, reviewed and approved /ry Yail f-ire ~ ,r~'mergency Services prior to going out to bid • The pro, jest toss reviewe>1 Le detarfl with a representative fi"orrl Evans Chaffee Uver the course of several tsteetings. X understand Evans ~.'Itaffee had several additional meetings With subcontractors. 1't appear.:d, • based vri tha discussions wish Evates Cleaffee, Chair scope of work reflected a!1 the items and elemetets necessary to meet flee compliance cyder as well. • During yours and my dirrtu. ~~ ton, I slid state it is the desire to have chQtige orders reduced to a minimum by virtue n:~'careful and camprelensive planrtireg. $ased on informQtiott given to us by property owners, eotetractars, designers, and architects, we believe a general statement can by madje that an additional ,iO % In plan development often results ~ ZDi6 - T 0,°6 savings in change orders . It le air been setggested a~ S% - 1©°/a allowance shoulr! be made for inevitable issues not readily 1denliJiable in a retrafle: We have been in tteeetlrgs wherein the properly owners, owner's represetetatives, and at/ters leave agreed that change orders resulllrrg from ur:forareen elemr•.rets would be charged back on a torte and material {T&M} basis. • X stn not aware whetleer ~ :~ossroads had such arr argreeneent with the contractor or root. r~tli res~~~t to Crossroads Manrr~enrertt's ttltdetslaltdin~ of spec cations as they relate [o fire , = •;rtrA arerl f% SprurJ~ler sy,~tems atr•l issues rr:laled !v u retrofit, I cannot cananent. Steve Stafford 1ttrlieatetJ.511fer ~Iar:rrt; • •rnent and the Associutiure rverr cnmfortuy5le tvlt/t t/tetr decisions Cct-03-06 03:05p~ Frog-TOitll OF VAIL CCI+L!UNITY CEVELOPIENT 9704T9Z452 T-4T9 P.011/021 F-T45 Page 2 , .~ was asked by Steve Stafford early in the process to review three bid packages in terms of comp; "• ~ne:ei with die intended scope of tlr. project: Each package was submtttedby a general contractor. All three proposalsfatlcd to include srr~cient detail to make a reasonable determination. Isr~ ;gersred each of the praposerls needed to be revised. I ,:ever dirt see nor dill need to see Uic contract with eith~;r Lc'vans Cha,~ce orR~R and Habitats West or any otl.~er civil fnstrument signed by theAssoclatton. A, f ~cr the ifrslallattort of Ines fire sprink~'er began, we had a discussion with representatives of Habitats 11'es: regarding the requirement to addreszs the flame spread in the stairwells. 1'l:e agreement acrd sped 3catrons required the wood si ,'ing in the A, ~C, 'arid C towers be either replaced with a material with a Claa.r A flame spread yr treated with an approved fire retardarir~ li'abitats West asserted that was oat in their cot;~.•act and Slifer management alleged treatment of the stair towers was not in the "first phase" of the wor1~ l~3'e :rod to make ii perfectly clear r: o Certificate of Occupancy or Fi'trerllnspeetLnn could be Issued unlcrs the staff;• towers were addressed Additianat crsues regarding the tocata'o,x of tltefLrg department eortnecilan and the feeder pq~e arose when the general eontrercror was told a change in the plans la relocate the supply pipe frarn the interior to the ezle.-ior Would require approval from the Design Reviery Board Again, .Habitats West contended ar y sofjlt ens: osure aroe:nd the fire department connection pipe was not in their arlgrnal contract or bid Late in the project; an Issue came up regardlrrg the required upgrade to the ezisting, fire sprinkler system in the earrrmercial areas and ~'ower ~ The applicant also indicated the requirerrrenls to address existing deficiencies Ln the theater and the grocery store were not included it their~bid 1 did frrnisfi Steve St~rfford a copy of the fast page of the :-pec fcauirrns written by Perry Mathews, P=.~, which Included those elements being debated between the praprrty o wners and the contractors I nerve not been asked to comment vn anv subsequent issue(s~_ While it is within the scope of my oijice to try e:nd answer questions of the properly owner ern.. j applicants, it is not within or~r scope to get Inve;~lved in the selectr'nn ofa contractor or l:aw ar:y eanr<vrninium associntlon dectde»s to assess tl:e members far r,~ork in ltrrttted or Limited co-nmon elements. It is our desire to aetuai~v avoid any Involvement in sric~h ~rters Likewise,l cannot execute agreements with contractors• regareF .r=g limitations on pricing, cliarige orders, cost averrurts or return offunelr. That is elenrly beyond our author' y and such actions could rare construed as unethical and illegal as It relates to restraint of u: rde. ! In fact, !:: ae no such agreement and never have I,ad such an agreement eu Ffre Marshal, with any cc..:. rre:tar. nth respect to the Association's election to change general contractors, again, Vail Fire ~ Emrrgc• • y Services had no role or input on th~xt decision. We were merely the rectpierrts of such Ir#jarrrsation. It was explained to me the reason for the change In general contractors was a significant d~jference Ln the contract price. It nrcry be prescrmptuous but It appears at least some of the d~erence irr price was due to a perceived d ffer4-uce in the scope. Evans Cltal,~`ee appeared tv have aJl the elements required by the Town of Yait in their proposal whereas Habitats West did nob I did ant Izave any meetings with tt=e • second cantrae:tar prior to lhe.9ssoe:iir:ion rermtnatirig their re:lationst:ip wire: Lc'vans Chaffee: and subsequently awarding llle contract to .li&R. , Oct-03-Ob 03:06am Froa-TOi~I OF VAII CC}A441JltITY OEUELOP>,'EHT 97047~24b2 T-479 P.011l021 F-745 ...J ._ ~'age• 3 There ;vas disc~rssion betty. yen Steve Stafforr~ Habitats West, a subcontractor to RdcR, and tlze,i~tie Departmetet regarding ilte scope of the work 7'hLs discussion did not occur untll the eyed of the fist p/rr:,;e, When 1 asked ITavePeters wide Habitats West about the additional work required tv etecet the complianr:c arch;, he lrrdicated u was noon the scope of his contract and he disavowed any ktrowlcdge of t/ie remaining elements needed tv comply with the Fire and ftuilding Code. Crossroads CandominiuneAssoclatlvn has not yet complied tvitle the orders issrrsri by the Tawn of Ygil nor t. uve they cvnepleted tlee work irle;.t(fled in Ure scope and sequenre of the plans rand spec~cattons as devet~:t~ed by Rucker and Mretkews and approv,~d by the FIre.Departtlten~ As far as 11Ir. Noble's er:vlronmeretat arsersment, I understar:d thin ~Es a normal procedure In real estrc.~ : ; rrrnsactions and xs required and paid for by parties other than Yar1,F'ire & Emergency Services ~'s we also discussed in our meetueg, ! dv believe reasonable people cae inuke rcresatrahle decwions giver: -...: ~q:rate information. I hope and trust tree issuer idendfeed In your letlPr of February 2d, 2004, rvlll be resolve • ~ettveen t/ieAssoe~ior:, tlrr membersT and the contractors In an ~guitabte and expedient nrdnner, ! tvlsh you a speedyrecovery and look janvard to your next visit Sincerr:iy, ~~~~r ~wlicltael McG~e Deputy Cliief/,Firs %Iarshal Cc: fire Cleief Jol:n Cuttck FlrePrevet:tiorr Ufficerl~Iika Ynu,~han Chief Brcildir:g Offlclat Charlie Davis Malt Mire,1'o wn tt ttorney e To: Town Council CC: Stan Zemler; Pam Brandmeyer From: Matt Mire, Town Attorney Date: 12/14/2006 Re: Amendment 41 L Introduction At the statewide general election held on Tuesday, November 7, 2006, Colorado voters approved Amendment 41, which adds a new Article XXIX, entitled "Ethics in Government," to our state constitution. Article XXIX addresses a variety of topics, from limitations on receipt of gifts by various public officials and employees to strict limitations on giving by "professional lobbyists," limitations on how soon former state legislators may become lobbyists, and creation of an independent "Ethics Commission," at the state level. 11. Prohibitory Provisions Affecting Municipal Officials and Employees A. Who's covered The Amendment 41 restrictions apply to various classes of persons. Among those covered include municipal officials and employees. B. What Prohibitions does Amendment 41 Impose on Receipt of Money or Gifts Sections 3(1) and (2) are the principal sections of the amendment potentially affecting municipal officials and employees. Note that these provisions limit what may be received. The donee, not the donor, is the object of these sections. 1. §3(1) A government employee/local government official shall not "accept" or "receive" any: a) money b) "forbearance" or c) forgiveness of indebtedness without receiving "lawful consideration of equal or greater value" in return. 2. §3(2) A government employee/local government official shall not, directly or indirectly (via gift to spouse or dependant child) solicit, accept, or receive: any "gift December 74, 2006 or thing of value," having a fair market value or "aggregate actual cost" greater than $50.00 "in any calendar year. Note: these limits apparently apply regardless of whether the gift or fiscal benefit is provided in relation to or for the purpose of influencing official action. The disability to receive these items is due solely to one's status as a "public official" or "employee" under Amendment 41. Note: the amendment declares that a "gift. or thing of value" includes, but is "not limited to, gifts, loans, rewards, promises or negotiations of future employment, favors or services, honoraria, travel, entertainment, or special discounts." Amendment 41 contains no formal definition of the terms "gift or thing of value," (which terms also appear in subsection 3(4), limiting what may be given by professional lobbyists). Note: Scholarships, etc A common question is whether sections 3(1) or 3(2) preclude award of scholarships to covered officials and employees, or their children. Whether treated as a "forbearance" or a "gift or thing. of value," scholarships or similar benefits are apparently prohibited to covered officials and employees, pursuant to Amendment 41. This was clearly not a result intended by proponents, and clarifying legislation in the 2007 session of the General Assembly is anticipated. III. The Independent Ethics Commission Section 5 of Amendment 41 concerns creation of an Independent Ethics Commission. The amendment does not specify what it is that the Commission is to be "independent" of, nor whether or where the Commission will be located in the state bureaucracy. The amendment provides, however, that the General Assembly "shall appropriate reasonable and necessary funds to cover staff and administrative expenses" of the Commission. • The Commission will be comprised of 5 non-paid members, one of whom will be a local government official or employee. • The purpose of the Commission is to: (a) hear complaints, (b) issue "findings," (c) "assess penalties," and (d) issue advisory opinions. • The Commission is authorized to do these things in connection with: (a) ethics issues arising under the provisions of Amendment 41, and (b) ethics issues arising under "any other standards of conduct and reporting requirements as provided by law." • Complaints to the Commission Subsection 5(3) describes the Commission's complaint process: Note: (a) "Any person" may file a complaint; (b) The complaint must be in writing; (c) The complaint must ask the Commission to determine whether a covered official or employee failed to comply with: (i) the requirements of Amendment 41, 2 December 74, 2006 or (ii) "any other standards of conduct or reporting requirements as provided by law;" within "the preceding twelve months." Note: Amendment 41 requires the Commission to: (ij "conduct an investigation," (ii) hold a public hearing, and (iii) "render findings," pursuant to written Commission rules. Note: The Penalty Section of Amendment 41 provides that: (a) any covered official or employee "who breaches the public trust for private gain," and (b) "any person or entity inducing such breach," shall be liable to the state or local jurisdiction for "double the financial equivalent of any benefits obtained by such actions." IV. Local Authority, and the Home Rule Provision The Amendment provides that the requirements of Article XXIX (Amendment 41) "shall not apply" to home rule counties or municipalities "that have adopted charters, ordinances, or resolutions that address the matters covered by [ XXIX]." V. Conclusion A code of ethics which may be applied to Town officials and employees is something the council should consider. It should, however, be considered and imposed at a local level after careful consideration of all relevant factors and consequences. It is the staff's opinion that this should not be legislated statewide, via constitutional amendment. This is especially true in the context of Amendment 41, as drafted, because of the confusing, ambiguous and overreaching nature of the current draft. 3 RESOLUTION NO. 26 Series of 2006 A RESOLUTION ADOPTING BY REFERENCE C.R.S. § 2418-104, AS APPLICABLE TO PUBLIC OFFICERS AND EMPLOYEES, INCLUDING INDEPENDENT CONTRACTORS WITHIN THE TOWN OF VAIL WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, on November 7, 2006, the voters approved Amendment 41 on the statewide general election ballot; and WHEREAS, Amendment 41 adopts a new Article XXIX of the Colorado Constitution entitled "Ethics in Government"; which article deals in detail with receipt of gifts and things of value by, and lobbying and ethical principles applicable to public officials; and WHEREAS, by its terms, Amendment 41 applies to local government officials and employees, including those of the Town; and WHEREAS, Section 7 of Amendment 41 provides that home rule municipalities may act by charter, ordinance or resolution to adopt regulations on the subjects covered by Amendment 41; and WHEREAS, the Charter at Section 3.7 and the Town's Municipal Code at Section 1-5-7 presently address only conflicts of interest; and WHEREAS, the Council wishes to act by resolution, as permitted by Amendment 41, to adopt regulations addressing the matters covered by Amendment 41; and WHEREAS, the Council is of the opinion that C.R.S. § 24-18-104, as such statute presently exists on the effective date of this Resolution, contains appropriate restrictions on the matters covered by Amendment 41; and WHEREAS, the Council finds that it is in the best interests of the public officers and employees of the Town that such requirements be confirmed as applicable within the Town rather than the requirements contained in Amendment 41, all as permitted by Amendment 41 itself. NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Vail, Colorado: Sec._tion 1. C._R.S. ~ 2418-104 Adopted by Reference.. Pursuant to the. Authority vested in it by Article XX1X, Section 7 of the Colorado Constitution, Article XX, Section 6 of the Colorado Constitution, the Council hereby adopts by reference C.R.S. § 24-18-104, as such statute presently exists as of the date of this Resolution, as a binding regulation applicable to all Resolution No. 26, Series 2006 elected and appointed officials, employees and independent contractors within the Town, as more fully described in said statute. A true and correct copy of C.R.S. § 24-18-104 as adopted hereby is attached hereto as Exhibit A and fully incorporated herein by this reference. Section 2. Complaints: Enforcement• Penalty. The Council shall .have exclusive authority for enforcement of this Resolution. All complaints hereunder shall be filed with the Council within one (1) year after the date of the alleged violation. The Council shall take such action and impose such penalty, if any, thereon as it deems appropriate. Final action by the Council shall be final action by the Town on the matter. Section 3. This Resolution shall be effective immediately upon adoption. INTRODUCED, READ, PASSED AND ADOPTED BY A VOTE OF THE COUNCIL OF THE TOWN OF VAIL AS A RESOLUTION AND ORDERED PUBLISHED THIS 19~' DAY OF DECEMBER, 2006 ATTEST: Lorelei Donaldson, Town Clerk Rodney E. Slifer, Mayor Resolution No. 26, Series 2006 EXHIBIT A C.R.S. § 2418-104 24-18-104. Rules of conduct for all public officers, members of the general assembly, local government officials, and employees. (1) Proof beyond a reasonable doubt of commission of any act enumerated in this section is proof that the actor has breached his fiduciary duty and the public trust. A public officer, a member of the general assembly, a local government official, or an employee shall not: (a) Disclose or use confidential information acquired in the course of his official duties in order to further substantially his personal financial interests; or (b) Accept a gift of substantial value or a substantial economic benefit tantamount to a gift of substantial value: (I) Which would tend improperly to influence a reasonable person in his position to depart from the faithful and impartial discharge of his public duties; or (II) Which he knows or which a reasonable person in his position should know under the circumstances is primarily for the purpose of rewarding him for official action he has taken. (2) An economic benefit tantamount to a gift of substantial value includes without limitation a loan at a rate of interest substantially lower than the commercial rate then currently prevalent for similar loans and compensation received for private services rendered at a rate substantially exceeding the fair market value of such services. (3) The following shall not be considered gifts of substantial value or gifts of substantial economic benefit tantamount to gifts of substantial value for purposes of this section: (a) Campaign contributions and contributions in kind reported as required by section 1-45-108, C.R.S.; (b) An occasional nonpecuniary gift, insignificant in value; (c) A nonpecuniary award publicly presented by a nonprofit organization in recognition of public service; (d) Payment of or reimbursement for actual and necessary expenditures for travel and subsistence for attendance at a convention or other meeting at which such public officer, member of the general assembly, local government official, or employee is scheduled to participate; Resolution No. 26, Series 2006 (e) Reimbursement for or acceptance of an opportunity to participate in a social function or meeting which is offered to such public officer, member of the general assembly, local government officia{, or employee which is not extraordinary when viewed in tight of the position held by such public officer, member of the general assembly, local government official, or employee; (f) Items of perishable or nonpermanent value, including, but not limited to, meals, lodging, travel expenses, or tickets to sporting, recreational, educational, or cultural events; (g) Payment for speeches, appearances, or publications reported pursuant to section 24-6-203; (h) Payment of salary from employment, including other government employment, in addition to that earned from being a member of the general assembly or by reason of service in other public office. (4) The provisions of this section are distinct from and in addition to the reporting requirements of section 1-45-108, C.R.S., and section 24-6-203, and do not relieve an incumbent in or elected candidate to public office from reporting an item described in subsection (3) of this section, if such reporting provisions apply. Resolution No. 26, Series 2006 Be it enacted by the People of the State of Colorado: The constitution of the state of Colorado is~amended BY THE ADDITION OF A NEW ARTICLE to read: ARTICLE XXIX Ettucs in Government Section 1. Purposes and findings. (1) THE PEOPLE OFTHE STATE OF COLORADO HEREBY FIND AND DECLARE THAT: (a) THE CONDUCT OF PUBLIC OFFICERS, MEMBERS OF THE GENERAL ASSEMBLY, LOCAL GOVERNMENT OFFICIALS, AND GOV'ERNMIENT EMPLOYEES MUST HOLD THE RESPECT AND CONFIDENCE OF THE PEOPLE; (b) THEY SHALL CARRY OUT THEIR DUTIES FOR THE BENEFT.C OF THE PEOPLE OF THE STATE; (c) THEY SHALL, THEREFORE, AVOID CONDUCT THAT IS IN VIOLATION OF THEIR PUBLIC TRUST OR THAT CREATES A JUSTIFIABLE IlviPRESSION AMONG MEMBERS OF THE PUBLIC THAT SUCH TRUST IS BEING VIOLATED; (d) ANY EFFORT TO RFAT.i7F. PERSONAL FINANCIAL GAIN THROUGH PUBLIC OFFICE OTHER THAN COMPENSATION PROVIDED BY LAW IS A VIOLATION OF THAT TRUST; Alv'D (e) TO ENSURE PROPRIETY AND TO PRESERVE PUBLIC CONFIDENCE, THEY MUST HAVE THE BENEFIT OF SPECIFIC STANDARDS TO GUIDE THEIR CONDUCT, AND OF A PENALTY MECHANISM TO ENFORCE THOSE STANDARDS. (2) THE PEOPLE OF THE STATE OF COLORADO ALSO FIND AND DECLARE THAT THERE ARE CERTAIN COSTS ASSOCIATED WITH HOLDING PUBLIC OFFICE AND THAT TO ENSURE THE INTEGRITY OF THE OFFICE, SUCH COSTS OF A REASONABLE AND NECESSARY NATURE SHOULD BE BORN BY THE STATE OR LOCAL GOVERNMENT. Section 2. De~iinitions. AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES: (1) "GOVERNMENT EMPLOYEE" MEANS ANY EMPLOYEE, INCLUDING INDEPENDENT CONTRACTORS, OF THE STATE EXECUTNE BRANCH, THE STATE LEGISLATNE BRANCH, A STATE AGENCY, A PUBLIC INSTITUTION OF HIGHER IDUCATION, OR ANY LOCAL GOVERNMEiv'T, E7~CEP t A MEMBER OF THE GENERAL ASSEMBLI' OR A PUBLIC OFFICER. (2) "LOCAL GOVERNMENT" MEANS COUNTY OR MUNICff'ALITY. (3) "LOCAL GOVERNMENT OFFICIAL" MEANS AN ELECTED OR APPOINTED OFFICIAL OF A LOCAL GOVERNMENT BUT DOES NOT INCLUDE AN EMPLOYEE OF A LOCAL GOVERNMENT. (4) "PERSON" MEANS ANY INDNIDUAL, CORPORATION, BUSINESS TRUST, ESTATE, TRUST, LIl~IITED LIABILITY COMPANY, FARTNERSHIP, LABOR ORGANIZATION, ASSOCIATION, POLITICAL PARTY, COMMITTEE, OR OTHER LEGAL ENTTTY. C \Documents and Settings\CEOFF+Local Setpngs\Tempotaty ]nterixt Fdes\OLK3btlucs mtt 118 clean doc 6t20C1006 10 15:32 AM (J) "PROFESSIONAL LOBBYIST" MEANS ANY INDNIDUAL WHO ENGAGES HIMSELF OR HERSELF OR IS ENGAGED BY ANY OTHER PERSON FOR PAY OR FOR ANY CONSIDERATION FOR LOBBYING. "PROFESSIONAL LOBBYIST" DOES NOT INCLUDE ANY VOLUNTEER LOBBYIST, ANY STATE OFFICIAL OR EMPLOYEE ACTING IN HIS OR HER OFFICIAL CAPACITY, EXCEPT THOSE DESIGNATED AS LOBBYISTS AS PROVIDED BY LAW, ANY ELECTED PUBLIC OFFICIAL ACTING IN HIS OR HER OFFICIAL CAPACITY, OR ANY INDNIDUAL WHO APPEARS AS COUNSEL OR ADVISOR IN AN ADJUDICATORY PROCEIDING. (6) "PUBLIC OFFICER" MEANS ANY ELECTED OFFICER, INCLUDING ALL STATEWIDE ELECTED OFFICEHOLDERS, THE HEAD OF ANY DEPARTMENT OF THE EXECUTIVE BRANCH, AND ELECTED AND APPOINTED MEMBERS OF STATE BOARDS AND COMMISSIONS. "PUBLIC OFFICER" DOES NOT INCLUDE A MEMBER OF THE GENERAL ASSEMBLY, A MEMBER OF THE JUDICIARY, ANY LOCAL GOVERNMENT OFFICIAL, OR ANY MEMBER OF A BOARD, COMMISSION, COUNCIL OR COIvfMTTTEE WHO RECENES NO COMPENSATION OTHER THAN A PER DIEM ALLOWANCE OR NECESSARY AND REASONABLE EXPENSES. Section 3. Gift ban. (1) NO PUBLIC OFFICER, MEMBER OFTHE GENERAL ASSEMBLY, LOCAL GOVERNMENT OFFICIAL, OR GOVERNMENT EMPLOYEE SHALL ACCEPT OR RECENE ANY MONEY, FORBEARANCE, OR FORGIVENESS OF INDEBTEDNESS FROM ANY PERSON, WITHOUT SUCH PERSON RECENING LAWFUL CONSIDERATION OF EQUAL OR GREATER VALUE IN RETURN FROM THE PUBLIC OFFICER, MEMBER OF THE GENERAL ASSEMBLY, LOCAL GOVERNMENT OFFICIAL, OR GOVERNMENT EMPLOYEE WHO ACCEPTED OR RECEIVED THE MONEY, FORBEARANCE OR FORGNENESS OF INDEBTEDNESS. (2) NO PUBLIC OFFICER, MEMBER OF THE GRNF.RA~ ASSEMBLY, LOCAL GOVERNMENT OFFICIAL, OR GOVERNMENT EMPLOYEE, EITHER DIRECTLY OR INDIRECTLY AS THE BENEFICIARY OF A GIFT OR THING OF VALUE GIVEN TO SUCH PERSON' S SPOUSE OR DEPENDENT CHII.D, SHALL SOLICIT, ACCEPT OR RECENE ANY GIFT OR OTHER THING OF VALUE HAVING EITHER A FAIR MARKET VALUE OR AGGREGATE ACTUAL COST GREATER THAN FIFTY DOLLARS ($SO) IN ANY CALENDAR YEAR, INCLUDING BUT NOT LIMITED TO, GIFTS, LOANS, REWARDS, PROMISES OR NEGOTIATIONS OF FUTURE EMPLOYMENT, FAVORS OR SERVICES, HONORARIA, TRAVEL, ENTERTAINMENT, OR SPECIAL DISCOUNTS, FROM A PERSON, WITHOUT THE PERSON RECENING LAWFUL CONSIDERATION OF EQUAL OR GREATER VALUE IN RETURN FROM THE PUBLIC OFFICER, MEMBER OF THE GEIv'ERAL ASSEMBLY, LOCAL GOVERNMENT OFFICIAL, OR GOVERI\~MENT EMPLOYEE WHO SOLICITED, ACCEPTED OR RECENED THE GIFT OR OTHER TIiIlVG OF VALUE. (~) THE PROHIBITIONS LET SUBSECTIONS (1) AND (?) OF THIS SECTION DO ?~'OT APPLY IF THE GIFT OR THING OF VALUE IS: (~} A CAMPAIGN CONTRIBUTION AS DEFINED BY LAW; (b} AN UNSOLICITED ITEM OF TRNIAL VALUE LESS THAN FIFTY DOLLARS ($SO), SUCH AS A PEN, CALENDAR, PLANT, BOOK, NOTE PAD OR OTHER SIMILAR ITEM; (C) AN UNSOLICITED TOKEN OR AWARD OF APPRECIATION IN THE FORM OF A PLAQUE, TROPHY, DESK ITEM, WALL MEMENTO, OR SIMII.AR ITEM; 2 C 1Documents and Setung~GEOFbILoea1 Set~ng\Temporary Internet Files\OLK3btlucs mrt 118 clean doc 6!201200610.15 32 ale (tl) UNSOLICITED IlVFORMATIONAL MATERIAL, PUBLICATIONS, OR SUBSCRIPTIONS RELATED TO THE RECII'IENT'S PERFORMANCE OF OFFICIAL DUTIES; (e) ADMISSION TO, AND THE COST OF FOOD OR BEVERAGES CONSUMED AT, A RECEPTION, MEAL OR MEETING BY AN ORGANIZATION BEFORE WHOM THE RECIPIENT APPEARS TO SPEAK OR TO ANSWER QUESTIONS AS PART OF A SCHEDULED PROGRAM; (~ REASONABLE EXPENSES PAID BY A NONPROFIT ORGANIZATION OR OTHER STATE OR LOCAL GOVERNMENT FOR ATTENDANCE AT A CONVENTION, FACT-FINDING MISSION OR TRIP, OR OTHER MEETING IF THE PERSON IS SCHEDULED TO DELIVER A SPEECH, MAKE A PRESENTATION, PARTICIPATE ON A PANEL, OR REPRESENT Tf~ STATE OR LOCAL GOVERNMENT, PROVIDED THAT THE NON-PROFIT ORGANIZATION RECEIVES LESS THAN FIVE PERCENT. (S%) OF TTS FUNDING FROM FOR-PROFIT ORGANIZATIONS OR ENTITIES; (g) GIVEN BY AN INDIVIDUAL WHO IS A RELATIVE OR PERSONAL FRIEND OF THE RECIPIENT ON A SPECIAL OCCASION. (h) A COMPONENT OF THE COMPENSATION PAID OR OTHER INCENTIVE GIVEN TO THE RECIIIENT IN THE NORMAL COURSE OF EMPLOYMENT. (4) NOTWITHSTANDING ANY PROVISIONS OF THIS SECTION TO THE CONTRARY, AND EXCEPTING CAMPAIGN CONTRIBUTIONS AS DEFINED BY LAW, NO PROFESSIONAL LOBBYIST, PERSONALLY OR ON BEHALF OF ANY OTHER PERSON OR ENTITY, SHALL KNOWINGLY OFFER, GIVE, OR ARRANGE TO GIVE, TO ANY PUBLIC OFFICER, MEMBER OF THE GENERAL ASSEMBLY, LOCAL GOVERNMENT OFFICIAL, OR GOVERNMENT EMPLOYEE, OR TO A MEMBER OF SUCH PERSON'S IMMEDIATE FAMILY, ANY GIFT OR THING OF VALUE, OF ANY KIND OR NATURE, NOR KNOWINGLY PAY FOR ANY MEAL, BEVERAGE, OR OTHER ITEM TO BE CONSUMED B Y SUCH PUBLIC OFFICER, MEMBER OF THE GENERAL ASSEMBLY, LOCAL GOVERNMENT OFFICIAL OR GOVERNMENT EMPLOYEE, WHETHER OR NOT SUCH GIFT OR MEAL, BEVERAGE OR OTHER ITEM TO BE CONSUMED IS OFFERED, GIVEN OR PAID FOR IN THE COURSE OF SUCH LOBBYIST' S BUSINESS OR IN CONNECTION WITH A PERSONAL OR SOCIAL EVENT; PROVIDED, HOWEVER, THAT A PROFESSIONAL LOBBYIST SHALL NOT BE PROHIBITED FROM OFFERING OR GIVING TO A PUBLIC OFFICER, MEMBER OF THE GENERAL ASSEMBLY, LOCAL GOVERNMENT OFFICIAL OR GOVERNMENT EMPLOYEE WHO IS A MEMBER OF HIS OR HER IMMEDIATE FAMILY ANY SUCH GIFT, THING OF VALUE, MEAL, BEVERAGE OR OTHER ITEM. (J) THE GENERAL ASSEMBLY SHALL MAKE ANY CONFORMING A11~TENDMENTS TO THE REPORTING AND DISCLOSURE REQUIl2EMENTS FOR PUBLIC OFFICERS, MEMBERS OF THE GENERAL ASSEMBLI' AND PROFESSIONAL LOBBYISTS, AS PROVIDED BY LAVt', TO COMPLY WITH THE REQUIREMENTS SET FORTH LT THIS SECTION'. (6) THE FIFTY-DOLLAR (~JO) LIMIT SET FORTH IN SUBSECTION (2} OF THIS SECTION SHALL BE ADJUSTED BY AN AMOUNT BASED UPON THE PERCENTAGE CHANGE OVER AFOUR-YEAR PERIOD IN THE UNITED STATES BUREAU OF LABOR STATISTICS CONSUMER PRICE L~tDEX FOR DENVER- BOULDER-GREELEY, ALL ITEMS, ALL CONSUMERS, OR TI'S SUCCESSOR IlVDEX, ROUNDED TO THE NEAREST LOWEST DOLLAR. THE FIRST ADJUSTMENT SHALL BE DONE IN THE FIlZST QUARTER OF 2011 AND THEN EVERY FOUR YEARS THEREAFTER. 3 C~tDocumenCc and Set6n6s1G£OFFU.aeal SetungaiTemporary Internet FilesiOLK3~etlnu inrt I18 clean doe G/20/1006 1 0 1 5 3 2 AM Section 4. Restrictions on representation after leaving office. NO STATEWIDE ELECTED OFFICEHOLDER OR MEMBER OF THE GENERAL ASSEMBLY SHALL PERSONALLY REPRESENT ANOTHER PERSON OR ENTITY FOR COMPENSATION BEFORE ANY OTHER STATEWIDE ELECTED OFFICEHOLDER OR MEMBER OF THE GENERAL ASSEMBLY, FOR A PERIOD OF TWO YEARS FOLLOWING VACATION OF OFFICE. FURTHER RESTRICTIONS ON PUBLIC OFFICERS OR MEMBERS OF THE GENERAL ASSEMBLY AND SMLAR RESTRICTIONS ON OTHER PUBLIC OFFICERS, LOCAL GOVERNMENT OFFICIALS OR GOVERNMENT EMPLOYEES MAY BE ESTABLISHED BY LAW. Section 5. Independent ethics commission. (1) THERE IS HEREBY CREATED AN INDEPENDENT ETHICS COMMISSION TO BE COMPOSED OF FIVE MEMBERS. THE PURPOSE OF THE INDEPENDENT ETHICS COMMISSION SHALL BE TO HEAR COMPLAINTS, ISSUE FINDINGS, AND ASSESS PENALTIES, AND ALSO TO ISSUE ADVISORY OPINIONS, ON ETHICS ISSUES ARISING UNDER THIS ARTICLE AND UNDER ANY OTHER STANDARDS OF CONDUCT AND REPORTING REQUIREMENTS AS PROVIDED BY LAW. THE INDEPENDENT ETHICS COMMISSION SHALL HAVE AUTHORTTY TO ADOPT SUCH REASONABLE RULES AS MAYBE NECESSARY FOR THE PURPOSE OF ADMINISTERING AND ENFORCING THE PROVISIONS OF THIS ARTICLE AND ANY OTHER STANDARDS OF CONDUCT AND REPORTING REQUIREMENTS AS PROVIDED BY LAW. THE GENERAL ASSEMBLY SHALL APPROPRIATE REASONABLE AND NECESSARY FUNDS TO COVER STAFF AND ADMINISTRATIVE EXPENSES TO ALLOW THE INDEPENDENT ETHICS COMMISSION TO CARRY OUT ITS DUTIES PURSUANT TO THIS ARTICLE. MEMBERS OF THE COMMISSION SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES ON THE COMMISSION. (2) (a) MEMBERS OF THE INDEPENDENT ETHICS COMMISSION SHALL BE APPOINTED IlV THE FOLLOWING MANNER AND ORDER: (I) ONE MEMBER SHALL BE APPOINTED BY THE COLORADO SENATE; (II) ONE MEMBER SHALL BE APPOINTED BY THE COLORADO HOUSE OF REPRESENTATNES; (III) ONE MEMBER SHALL BE APPOINTED BY THE GOVERNOR OF THE STATE OF COLORADO; (IV) ONE MEMBER SHALL BE APPOINTED BY THE CHIEF NSTICE OF THE COLORADO SUPREME COURT; AND (V) ONE MEMBER SHALL BE EITHER A LOCAL GOVERNMENT OFFICIAL OR A LOCAL GOVERNMENT EMPLOYEE APPOINTED BY THE AFFIRMATIVE VOTE OF AT LEAST THREE OF THE FOUR MEMBERS APPOINTED PURSUANT TO SUBPARAGRAPHS (I} TO (I~} OF THIS PARAGRAPH (a). (b) NO MORE THAN TWO MEMBERS SHALL BE AFFILIATED WITH THE SAME POLITICAL PARTY. (C) EACH OF THE FIVE MEMBERS SHALL BE REGISTERED COLORADO VOTERS AND SHALL HAVE BEEN CONTINUOUSLY REGISTERED WITH THE SAME POLITICAL PARTY, OR CONTINUOUSLY UNAFFILIATED WITH ANY POLITICAL PARTY, FOR AT LEAST TWO YEARS PRIOR TO APPOINTMENT TO THE COMMISSION. 4 C 1Documents and SewngslGEOFFtI.oca1 SettingslTemporuy Internet Fi1cs101.K31ethics imt 1 t8 Glenn doc W202006 10 15 32 AM . (d) MEMBERS OF THE INDEPENDENT ETHICS COMMISSION SHALL BE APPOINTED TO TERMS OF FOUR YEARS; EXCEPT THAT, THE FIRST MEMBER APPOINTID BY THE COLORADO SENATE AND THE FIRST MEMBER APPOINTED BY THE GOVERNOR OF THE STATE OF COLORADO SHALL INITIALLY SERVE TWO YEAR TERMS TO ACHIEVE STAGGERED ENDING DATES. (e) IF A MEMBER IS APPOINTED TO FII.L AN UNEXPIRED TERM, THAT MEMBER' S TERM SHALL END AT THE SAME TIlVIE AS THE TERM OF THE PERSON BEING REPLACED. . (f} EACH MEMBER SHALL CONTINUE TO SERVE UNTIL A SUCCESSOR HAS BEEN APPOINTED, EXCEPT THAT IF A MEMBER IS UNABLE OR UNWII,LING TO CONTINUE TO SERVE UNTIL A SUCCESSOR HAS BEEN APPOINTED, THE ORIGINAL APPOINTING AUTHORITY AS DESCRIBED IN THIS SUBSECTION SHALL FILL THE VACANCY PROMPTLY. (3) (a) ANY PERSON MAY FILE A WRITTEN COMPLAINT WITH THE INDEPENDENT ETHICS COMMISSION ASKIlVG WHETHER A PUBLIC OFFICER, MEMBER OF THE GENERAL ASSEMBLY, LOCAL GOVERNMENT OFFICIAL, OR GOVERNMENT EMPLOYEE HAS FAII ED TO COMPLY WITH THIS ARTICLE OR ANY OTHER STANDARDS OF CONDUCT OR REPORTING REQUIREMENTS AS PROVIDED BY LAW WITHIN THE PRECIDING TWELVE MONTHS. (b) THE COMMISSION MAY DISMISS FRIVOLOUS COMPLAINTS WITHOUT CONDUCTING A PUBLIC HEARING. COMPLAINTS DISMISSED AS FRIVOLOUS SHALL BE MAINTAINED CONFIDENTIAL BY THE COMMISSION. (C) THE COMMISSION SHALL CONDUCT AN INVESTIGATION, HOLD A PUBLIC HEARING, AND RENDER FINDINGS ON EACH NON-FRIVOLOUS COMPLAINT PURSUANT TO WRITTEN RULES ADOPTED BY THE COMMISSION. (d) THE COMMISSION MAY ASSESS PENALTIES FOR VIOLATIONS AS PRESCRIBED BY THIS ARTICLE AND PROVIDED BY LAW. (e) THERE IS HEREBY ESTABLISHED A PRESUMPTION THAT THE FINDINGS SHALL BE BASED ON A PREPONDERANCE OF EVIDENCE UNLESS THE COMMISSION DETERMINE THAT THE CIRCUMSTANCES WARRANT A HEIGHTENED STANDARD. (4} MEMBERS OF THE INDEPENDENT ETHICS COMMISSION SHALL HAVE THE POWER TO SUBPOENA DOCUMENTS AND TO SUBPOENA WITNESSES TO MAKE STATEMENTS AND PRODUCE DOCUMENTS. (5) ANY PUBLIC OFFICER, MEMBER OF THE GENERAL ASSEMBLY, LOCAL GOVERAt1v1ENT OFFICIAL, OR GOVERNMENT EMPLOYEE MAY SUBMIT A WRITTEN REQUEST TO THE INDEPENDENT ETHICS COMMISSIOI~T FOR AN ADVISORY OPINION ON WHETHER ANY CONDUCT BY THAT PERSON WOULD CONSTITUTE A VIOLATION OF THIS ARTICLE, OR ANY OTHER STANDARDS OF CONDUCT OR REPORTING REQUIItEMENTS AS PROVIDED BY LAW. THE COMMISSION' SHALL RENDER ANi ADVISORY OPLN~IO\ PURSUANT' TO WRITTEN RULES ADOPTED BY THE COMMISSION. Section 6. Penalt~T. ANY PUBLIC OFFICER, MEMBER OF THE GENERAL ASSEMBLY, LOCAL GOVERNMENT OFFICIAL OR GOVERNMENT EMPLOYEE WHO BREACHES THE PUBLIC TRUST FOR PRIVATE GAIN AND ANY PERSON OR ENTITY INDUCING SUCH BREACH SHALL BE LIABLE TO THE STATE OR LOCAL JURISDICTION FOR DOUBLE THE AMOUNT OF THE S C \Docaments and SetUngslGEOFF~Laa1 SettwgslTemporary lalernet Fiies{OLK3bthics mit i IS clean dac 6/20!2006 10 15 32 AM FINANCIAL EQUIVALENT OF ANY BENEFITS OBTAINED BY SUCH ACTIONS. TIC MANNER OF RECOVERY AND ADDITIONAL PENALTIES MAY BE PROVIDED BY LAW. Section 7. Counties and municipalities. ANY COUNTY OR MUNICIPALITY MAY ADOPT ORDINANCES OR CHARTER PROVISIONS WITH RESPECT TO ETHICS MATTERS THAT ARE MORE STRINGENT THAN ANY OF THE PROVISIONS CONTAINED IN THIS ARTICLE. TF~ REQUIREMENTS OF THIS ARTICLE SHALL NOT APPLY TO HOME RULE COUNTIES OR HOME RULE MUNICIPALITIES THAT HAVE ADAPTED CHARTERS, ORDINANCES, OR RESOLUTIONS THAT ADDRESS THE MATTERS COVERED BY THIS ARTICLE. Section 8. Conflicting provisions declared inapplicable. ANY PROVISIONS IN THE STATUTES OF THIS STATE IN CONFLICT OR INCONSISTENT WITH THIS ARTICLE ARE HEREBY DECLARED TO BE PREEMPTED BY THIS ARTICLE AND IlVAPPLICABLE TO THE MATTERS COVERED BY AND PROVIDED FOR IN THIS ARTICLE. Section 9. Legislation to facilitate article. LEGISLATION MAY BE ENACTED TO FACILITATE THE OPERATION OF THIS ARTICLE, BUT IN NO WAY SHALL SUCH LEGISLATION LIMIT OR RESTRICT THE PROVISIONS OF THIS ARTICLE OR THE POWERS HEREIN GRANTED. 6 C Documents and SetungalGEOFF1Local SetdngslTemporary Internet FikstALK3~cthiu imt 31 B cken doc 6/?A/200G 10:! 5.32 AM Y Art In Public Places Windmill Project Vail Golf Course March 16- Apri116, 2007 4 .« .: ~ .-jr ~ ~ ,~,: :::~ ~ _•^ ~ . .y, "1[ : ~ f ~ ~ ' ~ ~ ~ ~ ~. 1 ~ '~rb...M.~j ~~ ~Ilpt . . a~ . « A 3F t i' 'Wf.. ~ i L S . '~ ~ ,. '+S f, ~. > . 3 ~ :Y'~•L• ~ ~ i~t, ~. ~ r ~rr t1M ~ ~ s w f. ~ 4~ ~ ~ ~ r 1 ' x~ „'~'~ '~" ~ih k +'..i "•at' +'~~: A ' w ~.i'-`,~~~' ~ ~` r, z' ~ ~ Q(p. k-F~*,~ =~pt pr CAF ,~ ~~ "" _ ~ r , i~ a " ~ : b. ~~~ .s.. sue.. ~_ :. .! 3 M« ~-,. 1'•y _ x ~ 4 ' t ,,K... ~ ~7 ; . 'WE. ac ~ w:' "'< r~ ~tY.."t~ ., ' ._.~ .. *>b'~'~t ac.~""+..~'', __ ~ r:~ ~ ~ ~A 4 ~ u,1f +'a i ~, t- ,11~ L ~~ ~'. PATR I C K M A R O L D 3558 PECOS ST. DENVER CO 802 1 1 720.323.5062. PATRICKMAROLD@AOL.COM SELECT EXHIBITS ROCKY MOUNTAIN BIENNIAL. 2004 A N D H O N O R S MUSEUM OF CONTEMPORARY ART. FORT COLLINS, CO CiOLORADO COUNCIL ON THE ARTS FELLOWSHIP AWARD 2003 CCA GRANT. SCULPTURE FIRST LIGHT. SOLO EXHIBIT 2003 44T ART SPACE, DENVER ART SCAPES. LLC, DENVER 2003104 PRODUCTION ASSISTANT, WEST CRESCENT WET. GROUP EXHIBIT. 2003 44T ART SPACE, DENVER PHOTOGRAPHS FROM ICELAND. SOLO EXHIBIT 2003 KEITH PARKER GALLERY, DENVER ASHES TO ART. GROUP EXHIBIT 2003 FORT MASON CENTER, SAN FRANCISCO NATURAL RHYTHMS: DROGUE SERIES, 2002 ELIZABETH EDWARDS FINE ART, NANTUCKET & PALM DESERT, CA NANTUCKET ISLAND SCHOOL OF DESIGN ARTIST IN RESIDENCE 2001 /02 VISITING ARTIST/ LECTURER 2000 CULTURE AND AGRICULTURE. GROUP SHOW 2002 NEVd VISIONS, MARSHFIELD WI FULBRIGHT FELLOWSHIP AWARD 2000101 ICELAND: EXPLORATION 1N LIGHT HUM. SOLO COUR'Tl'ARD INSTALLATION 2001 REYKJAVIK M USEUM OF ART, ICELAND EVENING LULL. SOLO EXHIBIT 2001 NEMAHVAD GALLERIE, REYKJAVIK, ICELAND SILO INSTALLATION 2000 SEA VIEW FARM, NANTUCKET ISLAND ANDY GOLDSWORTHY, ARTIST PERSONAL ASSISTANT AND PROJECT COORDINATOR 2000,199g/98 NEW YORK, U.K, KOREA,FRANCE ASHES AND LAUNDRY, INSTALLATION 2000 SOLO EXHIBIT.. ILK GALLERY, DENVER DESIGN REVIEW BOARD AGENDA PUBLIG MEETING ° 2006 ~~~~~~~ ~~~~ , December 6, 2:00 P.M. PROJECT ORIENTATION/LUNCH -Town Council Chambers MEMBERS PRESENT Mike Dantas Lynn Fritzlen Sherry Dorward Margaret Rogers MEMBERS ABSENT Pete Dunning SITE VISITS 1. Hathaway Residence - 791 Potato Patch 2. Ryan Residence - 95 Forest Road Driver: Warren PUBLIC HEARING -TOWN COUNCIL CHAMBERS The Willows DRB06-0489 / 15 minutes Final review of new construction 74 Willow Road/Lot 8, Block 6, Vail Village Filing 1 12:OOpm 1:OOpm 2:OOpm George Applicant: The Willows Condominium Association, Inc., represented by Triumph Development, LLC ACTION: TABLED TO DECEMBER 20, 2006 MOTION: Fritzlen SECOND: Dantas VOTE: 3-0-1 (Dorward recused) 2. Ryan Residence DRB06-0526 / 15 minutes Bill Final review of new construction (secondary residence) 95 Forest Road/Lot 32, Block 7, Vail Village Filing 1 Applicant: Jack and Karen Ryan, represented by Michael Suman Architects ACTION: TABLED TO DECEMBER 20, 2006 MOTION: Dantas SECOND: Fritzlen VOTE: 3-0-1 (Dorward recused) 3. Hathaway Residence DRB06-0528 / 15 minutes Warren Final review of new construction (primary/secondary residence) 791 Potato Patch Drive/Lot 24, Block 1, Vail Potato Patch Applicant: John and Vera Hathaway, represented by Michael Suman Architects, LLC ACTION: TABLED TO DECEMBER 20, 2006 MOTION: Fritzlen SECOND: Dantas VOTE: 4-0-0 4. Landmark Condominiums DRB06-0487 / DRB06-0540 20 minutes Bill Conceptual review (major exterior alteration) 610 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3 Applicant: Landmark Condominium Association, Inc., represented by Geoff Wright ACTION: TABLED TO DECEMBER 20, 2006 MOTION: SECOND: VOTE: 3-0-1 (Fritzlen recused) Page 1 3:30pm 5. Solaris (Crossroads) Redevelopment DRB05-0640 / 120 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 DECEMBER 20, 2006 MOTION: SECOND: VOTE; 4-0-0 Staff Approvals Fischer Residence DRB06-0354 Elisabeth Final review of a residential addition (garage, new exterior) 2636 Davos Trail/Lot 2, Block C, Vail Ridge Subdivision Applicant: Randy Fischer Hubbard Residence DRB06-0495 Bill Final review of change to approved plans (driveway and building elevation) 2179 St. Moritz Way/Lot 7, Vail Heights Subdivision Applicant: Trent Hubbard, represented by John Martin, Architect, LLC . Hubbard Residence DRB06-0496 Bill Final review of change to approved plans (driveway and building elevation) 2179 St. Moritz Way/Lot 8, Vail Heights Subdivision Applicant: Trent Hubbard, represented by John Martin, Architect, LLC Beringause Residence DRB06-0512 Warren Final review of a residential addition (elevator, dining room and garage) 1190 Casolar Del Norte Drive/Lot 6, Casolar Vail Subdivision Applicant: Eric Beringause, represented by Fritzlen Pierce Architects Kendrick Residence DRB06-0513 Rachel Final review of a minor alteration (landscaping) 2975 Manns Ranch Road/Lot 6, Block 1, Vail Village Filing 13 Applicant: Clinton and Mary Kendrick, represented by Fitz & Gaylord Landscaping, Inc. Hughes Residence DRB06-0514 Bill Final review of a minor alteration (landscape) 303 Gore Creek Drive, Unit 71Lot 7, Block 5, Vial Village Filing 1 Applicant: Ron and Terry Hughes, represented by Beck Building Company Miller Residence DRB06-0519 Bill Final review of change to approved plans (dormer) 695 Forest Road/Lot 5, Block 2, Vail Village Filing 6 Applicant: Norm and Anne Miller, represented by Beth Levine, Architect, Inc. Rosenbach Residence DR606-0520 Bill Final review of change to approved plans (relocate structure) 107 Rockledge Road/Lot 7, Block 7, Vail Village Filing 1 Applicant: Gary and Susan Rosenbach, represented by K.H. Webb, Architects. Page 2 Vail Resorts DRB06-0521 Final review of change to approved plans (storage shed, lockers) 616 Lionshead Circle/Tract C and D, Lionshead Filing 1 and 2 Applicant: Vail Associates, Inc., represented by Jeffrey Babb Tap Room DRB06-0522 Final review of a sign 333 Bridge Street/Lot C, Block 2, Vail Village Filing 1 Applicant: The Tap Room, represented by Steven Kaufman Parish Residence DRB06-0523 Final review of a minor alteration (deck) 298 Rockledge Road/Lot 16, Vail Village Filing 1 Applicant: Preston and Barbara Parish, represented by James Lammers Plavec Residence DRB06-0524 Final review of change to approved plans (mechanical room) 2417 Garmisch Drive/Lot 14, Block H, Vail das Schone Filing 2 Applicant: George Plavec, represented by John G. Martin, Architect, LLC Vail Valley Mortgage DRB06-0525 Final review of a sign 288 Bridge Street/Lot D, Block 5A, Vail Village Filing 1 Applicant: Richard Rosenquist, represented by James Gould McKinnon Residence DRB06-0529 Final review of a minor alteration (landscaping) 695 Forest Road/Lot 5, Block 2, Vail Village Filing 6 Applicant: Shad Blakey George Elisabeth Elisabeth Bill Bill Rachel 9 Vail Road DRB06-0530 Elisabeth Final review of change to approved plans (exterior, hallway) 9 Vail Road/Lot B, Vail Village Filing 2 Applicant: 9 Vail Road Condominium Association, represented by Fritzlen Pierce Architects Hicks Residence DRB06-0532 Final review of a minor alteration (re-roof) 225 Forest Road/Lot 25, Block 7, Vail ViNage Filing 1 Applicant: Ed Hicks, represented by Elk Mountain Roofing & Repair Vail Resorts DRB06-0533 Final review of a sign (temporary site development signs and traffic control signs) 174 Gore Creek Drive/Lots A, B, C, Block 5B, Vail Village Filing 1 Applicant: Vail Resorts Development Company, represented by Tracy Gordon Heather of Vail Condominiums DRB06-0534 Final review (windows) 5197 Black Gore Drive/Heather of Vail Applicant: Heather of Vail Condominium Association, represented by TRD Architects Joe Elisabeth Warren Page 3 Dauphinais Residence DR606-0535 Warren Final review of a minor alteration (landscaping) 1813 East Lion's Ridge Loop/Lot 5, Block 3, Lion's Ridge Filing 3 Applicant: Patrick and Suzanne Dauphinais White Rock Properties LLC DRB06-0536 Bill Final review of change to approved plans (deck) 4057 Lupine Drive/Lot 4, Bighorn Subdivision Applicant: Alan Goncharoff, represented by Restock and Sullivan LLC Clarkson Residence DRB06-0537 George Final review of a minor alteration (handrails and balcony) 610 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3 Applicant: Ronald Clarkson, represented by Howard Olsen Aalta Sports DRB06-0539 Warren Final review of a sign 520 East Lionshead Circle/Lot 5, Block 1, Vail Lionshead Filing 1 Applicant: Aalta Sports, represented by Darwina McCutcheon Villa Cortina Condominiums DRB06-0543 George Final review of a minor alteration (landscaping) 22 West Meadow Drove/Lot 22, Vail Village Filing 2 Applicant: Villa Cortina Condominium Association, represented by Eugene Mercy, Jr. Lodge South Condominiums DRB06-0544 Bill Final review of change to approved plans (mechanical vents and flag pole) 200 Vail Road/Lots A,B,C, Block 5C, Vail Village Filing 1 Applicant:. Lodge South Condominium Association, represented by Stan Cope The Chalets at the Lodge at Vail DRB06-0547 George Final review of change to approved plans (roof) 151 Vail Lane/Lot A, Block 5C, Vail Village Filing 1 Applicant: The Chalets at the Lodge at Vail, LLC, represented by Jarvie Worcester The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479-2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479-2356, Telephone for the Hearing Impaired, for information. Page 4 PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING December 11, 2006 ~31~'O~YAl~'.` 1:OOpm TOWN COUNCIL CHAMBERS /PUBLIC WELCOME MEMBERS PRESENT Doug Cahill Dick Cleveland Bill Jewitt Rollie Kjesbo Bill Pierce MEMBERS ABSENT Chas Bernhardt Anne Gunion Site Visits: None Public Hearing -Town Council Chambers 20 minutes A request for a recommendation to the Vail Town Council of an amendment to the Town of Vail Streetscape Master plan, pursuant to Chapter 1, Master Pian Process, to relocate Checkpoint Charlie, and setting forth details in regard thereto. (PEC06-0078) Applicant: Town of Vail, represented by Greg Hall Planner: George Ruther . ACTION: Tabled to January 8, 2007 MOTION: Kjesbo SECOND: Cleveland VOTE: 5-0-0 40 minutes 2. A request for a final recommendation of a proposed amendment to the Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to amend the Lionshead Study Area Boundaries, and Chapter 5, Detailed Plan Recommendations, to include the study "West Lionshead" area, generally located at 646, 862, 890, 923, 934, 953, 1000, and 1031. South Frontage Road West/Lot 54 and Tract K of Glen Lyon Subdivision, Tracts C and D, Vail Village Filing 2, and several unplatted parcels (a more complete legal description is available at the Community Development Department), and setting forth details in regard thereto. (PEC06-0008) Applicant: Vail Resorts Development Company, Town of Vail, and Glen Lyon Office Building General Partnership Planner: Warren Campbell ACTION: Recommendation of Approval MOTION: Kjesbo SECOND: Cleveland VOTE: 4-1-0 Warren Campbell presented an overview of the application and the staff memorandum. Jay Peterson, representing Vail Resorts, made a presentation on behalf of the applicant. Mr. Peterson gave a brief presentation on the history of the application and the visions made to the proposed amendment in response to the input received to date. There was no public comment. Page 1 Dick Cleveland inquired about the appropriateness of the information illustrated on Figure 5-25 and the ability of the Commission to enforce the height differences shown on a proposed project. He believed that the height of any future buildings needed to be responsive to the site. Warren Campbell stated that he believed Figure 5-25 would be adequate for the Master Plan in allowing the Commission and architects flexibility in interpreting the stepping of a proposed building in height as it went west. Bill Jewitt expressed concerns about tall buildings on the west side of Red Sandstone Creek. He believes that the proposed amendment fails to meet the criteria in the Lionshead Redevelopment Master. Mr. Jewitt would rather see an SDD for this area of Town rather that a master planned approach to development. Bill Pierce expressed concerns that the lines on the figures crossed the South Frontage Road and thus affected the Glen Lyon Office Building site. The fines on the plans will be amended. Doug Cahill asked to see that the tapering down of the buildings taper down to four stories maximum on the west end of the master plan area. Warren Campbell referenced the proposed figures and maps and recommended that the illustrations be amended to reflect the concerns of the Commission with regard to building height. 30 minutes 3. A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for proposed amendments to Chapters 14-2, Definitions, and 14- 10, Design Review Standards and Guidelines, Vail Town Code, to create wildfire regulations and require Class A roof covering materials for all structures within the Town of Vail, and setting forth details in regard thereto. (PEC06-0029) Applicant: Town of Vail Planner: Rachel Friede ACTION: Recommendation of approval with amendments MOTION: Kjesbo SECOND: Cleveland VOTE: 5-0-0 Rachel Friede made a presentation per the staff memorandum. She clarified that on page 3, there was an error in the proposed text, which should read, "ALI structures shall have Class A roof assemblies or shall have Class A roof covering materials, as defined by the adopted building code." She added that per the Commission's request, a press release was issued last week regarding this item. The Commission asked about the effects of the regulations on various special circumstances. Several Commissioners asked questions regarding whether or not the regulation should apply to small additions, such as adding a dormer, or to small roof repairs. They also did not believe an entire duplex should be required to come into compliance if only one half needs to change their roof. They were concerned about neighbors who don't get along withholding joint ownership approval for re-roofing. The Commissioners felt that these circumstances need to be addressed. Jim Lamont, representing the Vail Village Homeowners Association, commented that wildfire is an important issue that needs to be addressed. He said that while a regulation like this is needed, perhaps such stringent regulations for materials should only apply to structures. that are in high wildfire hazard zones of the Town. Gwen Scalpello, 9 Vail Road, was concerned about how the regulation would affect buildings like 9 Vail Road and stressed that the regulations need to consider multiple ownership buildings. Page 2 The Commissioners voted 5-0-0 to recommend approval with modifications. They recommended that Class A roof assemblies or Class A roof covering materials be required on all new construction and re-roofing that replaces more than 50% of the total roof area. 10 minutes 4: A request for a final review of an Exemption Plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for the modification of existing building envelopes to eliminate encroachments into common area parcels, the combination of several common parcels into a single common parcel, and the exchange of equal sized parcels between Ridge at Vail and Cliffside Lot 1, located at 1460A-F Ridge Lane and 1452 Cliffside Drive/Lots A-L, Ridge at Vail Subdivision, and Lot 1, Cliffside Subdivision and setting forth details in regard thereto. (PEC06-0079) Applicant: Ridge at Vail Homeowners Association and Mike Young Planner: Warren Campbell ACTION: Approved MOTION: Kjesbo ~ SECOND: Jewitt VOTE: 5-0-0 Warren Campbell gave a presentation per the staff memorandum. The Commission expressed support of the proposed exemption plat. There was no public comment 30 minutes 5. A request for a recommendation to the Vail Town Council that the Crossroads Reinvestment Plan is consistent with the Vail Comprehensive Plan. The proposed urban renewal area included in the Crossroads Reinvestment Plan generally includes the Crossroads redevelopment approved by Town of Vail Ordinance No. 5, 2006, and is entirely within Special Development District No. 39, located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Vail Reinvestment Authority Planner: Russ Forrest ACTION: Approved MOTION: Kjesbo SECOND: Jewitt VOTE: 5-0-0 Malcolm Murray, legal counsel for the Vail Reinvestment Authority made a presentation per the staff memorandum. Dick Cleveland asked where the covenants are that are being removed. Murray said that certain covenants, may be reimposed in the future, but those removed will allow redevelopment of the property to occur. Jewitt expressed his support as the proposal was consistent with the Vail Comprehensive Plan. 25 minutes 6. A request for a final review of a variance, from Section 12-6D-6 Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for an addition above an existing garage within the front and side setbacks, located at 315 Mill Creek Circle/Lot 2, Block 1, Vail Village Filing 1, and setting forth details in regard thereto. (PEC06-0080) Applicant: Howard and Judy Berkowitz, represented by Mauriello Planning Group, LLC Planner: Bill Gibson Page 3 ACTION: Approved MOTION: Kjesbo SECOND: Jewitt VOTE: 3-2-0 (Cahill and Cleveland opposed) Bill Gibson presented an overview of the application and the staff memorandum. Allison Ochs, Mauriello Planning Group, made a presentation as a representative of the applicant. Ochs outlined the reasons a variance should be granted and reviewed the hardships of the property. There was no public comment. The applicant's representative submitted two letters from the neighbors expressing their support of the application. Bill Pierce said he is not opposed to this because there is little impact to adjacent properties. Dick Cleveland said there were other solutions available that did not require the approval of a setback variance and he will support the staff recommendation for denial. Bill Jewitt said that this is an unusual situation and he will support the variance. Rollie Kjesbo said that a hardship exists, as it was built before zoning and the creek reduces the buildable area. He will support the variance. Doug Cahill noted that the increase in GRFA was from the recent change to the Town Code, which was not intended to increase the bulk and mass of buildings. He did not support approval of the request. 20 minutes 7. A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, Exterior Alterations or Modifications, Vail Town Code, and a final review of a conditional use permit, pursuant to Section 12-7H-2, Permitted and Conditional Uses; Basement or Garden Level, and 12-7H-3, Permitted and Conditional Uses; First Floor on Street Level, Vail Town Code, to allow for the development of 45 fractional fee club units and one additional residential dwelling unit, located at 728 West Lionshead Circle/Lot 2, West Day Subdivision, and setting forth details in regard thereto. (Ritz-Carlton Residences) (PEC06-0081 and PEC06-0082). Applicant: Vail Resorts Development Company,. represented by Braun Associates, Inc. Planner: Warren Campbell MAJOR EXTERIOR ALTERATION ACTION: Approved with conditions MOTION: Kjesbo SECOND: Jewitt VOTE: 5-0-0 CONDITIONS: For Design Review 1) That the Developer submits a complete application to the Town of Vail Community Development Department for the final review and approval of the proposed development plan by the Town of Vail Design Review Board, prior to making an application for the issuance of a building permit for any of the Ritz-Carlton Residences improvements. Page 4 Prior to Submitting for Building Permits 2) That the Developer submits a Construction Staging Plan to the Town of Vail Community Development Department for the review and approval of the proposed staging plan by the Town of Vail Public Works Department, prior to the issuance of a building permit for the Ritz-Carlton Residences improvements. 3) That the Developer prepares aRitz-Carlton Residences Site Art in Public Places Plan, for input and comment by the Town of Vail Art in Public Places Board, prior to the issuance of a building permit for the Ritz-Carlton Residences site improvements. Subject to the above input and comment by the Art in Public places Board, Vail Associates will determine the type and location of the art to be provided. Said Plan shall include the funding for a minimum of $100,000.00 in public art improvements to be developed in conjunction with the Ritz-Carlton Residences site. The implementation of the Plan will be reasonably incorporated by Vail Associates into the Ritz-Carlton Residences construction schedule in accordance with generally prevailing construction practices. 4) That the Developer submits a complete set of civil engineered drawings of the Approved Development Plans including the required off site improvements, to the Town of Vail Community Development Department for review and approval of the drawings, prior to making application for the issuance of a building permit for the Ritz-Carlton Residences improvements. Prior to Requesting a Temporary Certificate of Occupancy 5) That the Developer provides deed-restricted employee housing that complies with the Town of Vail Employee Housing requirements (Chapter 12-13) 12 employees, and that said restrictions shall be made available for occupancy, prior to the issuance of a temporary certificate of occupancy for the Ritz-Carlton Residences improvements. In addition, the deed-restrictions shall be legally executed by the Developer and duly recorded with the Eagle County Clerk & Recorder's Office, prior to the issuance of a temporary certificate of occupancy for the Ritz-Carlton Residences improvements The Developer may provide required employee housing on an interim basis, not to exceed four (4) years (November 28, 2008) except that ultimately the Developer will be required to furnish permanent facilities for the Ritz-Carlton Residences employee housing requirements. The portion of this amended Ritz-Carlton Residences approved on December 11, 2006, shall be subject to Ordinance 26, Series 2006, and shall be subject to the pending employee housing regulations in whatever form they are finally adopted; provided, however, that if the Town fails to adopt the pending employee housing regulations by April 15, 2007, this Ordinance shall not apply to such development applications 6) That the Developer shall be assessed a transportation impact fee in the amount of $5,000 per increased vehicle trip in the peak hour generated (56 trips), or $280,000, and a fee of $6,500 for the increased peak hour vehicle trips (4 trips) or $26,000, created by the amendment to convert 41 dwelling units to 45 Fractional fee club units and add one (1) additional dwelling unit, as a result of the Ritz-Carlton Residences improvements. The total fee of $306,000 shall be paid in full by the Page 5 Developer prior to the issuance of a temporary certificate of occupancy or certificate of occupancy for the Ritz-Carlton Residences improvements. At the sole discretion of the Town of Vail Public Works Director, said fee may be waived in full, or part, based upon the completion of certain off-site improvements. If the improvements as shown on the plans entitled "The Ritz-Carlton Residences (based on CDOT requirements)", dated October 21, 2005, and as approved on November 28, 2005, by the PEC are constructed and completed by the Developer, said fee shall be waived in full by the Town. CONDITIONAL USE PERMIT ACTION: Approved MOTION: Kjesbo SECOND: Jewitt VOTE: 5-0-0 Warren Campbell presented an overview of the request and the staff memorandum. Jay Peterson and Bob Fitzgerald, representing the applicant, further described the application. Doug Cahill asked the applicants to clarify the changes in the employee generation numbers of the employee housing requirement due to the proposed changes in use. Jay Peterson and Warren Campbell clarified that the increase in the number of employee housing units was the result in the change in uses in the building. The increase in retail and the more intensive employee generating of fraction fee club units resulted in three additional employee housing beds being required. Bill Jewitt asked the staff to clarify how the Town Council's potential new employee housing requirements affected this project. Warren Campbell stated that only the amended portion of the Ritz Carlton Residences project would be affect by any change in the employee housing generation. He continued that if there was a change in the employee housing generation a provision the Ritz Carlton Project would be retro-actively assessed for those changes. There was no public comment. Dick Cleveland noted that more fractional fee units were positive for the Town and he would support the other requests as well Rollie Kjesbo, Bill Jewitt, and Bill Pierce had no comment. Doug Cahill asked if there were any additional public benefits being proposed to address the additional bulk and mass. Jay Peterson explained how the new fractional fee uses affected the design, and that additional fractional fee units and retail were a public benefit. 10 minutes 8. A request for a final review of a conditional use permit, pursuant to Section 12-7J-3, Conditional Uses, Vail Town Code, to allow for the construction of three (3) Type III Employee Housing Units, in association with The Timberline Roost Lodge Redevelopment, located at 1783 North Frontage Road/Lots 9-12, Buffehr Creek Resubdivision, and setting forth details in regard thereto. (PEC06-0083) Applicant: Timberline Roost Lodge Page 6 Planner: George Ruther ACTION: Approved MOTION: Kjesbo SECOND: Cleveland VOTE:5-0-0 George Ruther presented an overview of the application and the staff memorandum. There was no public comment. There was no Commissioner comment. 5 minutes 9. A request for a worksession to discuss text amendments to Title 12, Zoning Regulations, Vail Town Code, to add commercial linkage requirements and inclusionary zoning requirements to the Zoning Regulations for the purpose of mitigating employee housing impacts resulting from development in the Town of Vail, and .setting forth details in regard thereto. (PEC06-0084) Applicant: Town of Vail Planner: George Ruther ACTION: Tabled to January. 8, 2006 MOTION: Jewitt SECOND: Kjesbo VOTE: 5-0-0 Nina Timm, Housing Coordinator, presented an update to the Commission about potential employee housing regulations currently being discussed by the Town Council. She noted that she will give the Commission a detailed "housing policy 101" presentation at the Commission's first meeting in January. At this time the Council is considering both residential and commercial requirements with various mitigation options. Dominic Mauriello raised the concern of how these potential regulations could affect single family properties. Nina Timm presented an example of how the regulations may apply in a single family example. Jim Lamont, Vail Village Homeowners Association, had questions about achieving dispersed employee housing. He also questioned the employee generation assumptions related to part- time residences. 10. A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow .for additions to, and the renovation of, the Landmark Condominiums; and a request for a final review of variances from Sections 12-7H-10, Setbacks, 12-7H-14, Site Coverage, and 12-7H=15, Landscaping and Site Development, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for an underground parking structure and a staircase within the setbacks, and deviations from the maximum site coverage and minimum landscape area requirements, located at 610 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC06-0074) Applicant: Landmark Condominium Association, Inc., represented by Geoff Wright Planner: Bill Gibson ACTION: Table to January 8, 2007 MOTION: Cleveland SECOND: Jewitt VOTE: 4-0-1 (Pierce recused) 11. Approval of November 27, 2006 minutes MOTION: Cleveland SECOND: Jewitt VOTE: 5-0-0 12. Information Update Page 7 13. Adjournment MOTION: Jewitt SECOND: Kjesbo VOTE: 5-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published December 8, 2006, in the Vail Daily. Page 8 DESIGN REVIEW BOARD AGENDA a PUBLIC MEETING ,~~~~~~ ~j.J' December 6, 2006 2:00 P.M. PROJECT ORIENTATION/LUNCH -Town Council Chambers MEMBERS PRESENT Mike Dantas Lynn Fritzlen Sherry Dorward Margaret Rogers MEMBERS ABSENT Pete Dunning SITE VISITS 1. Hathaway Residence - 791 Potato Patch 2. Ryan Residence - 95 Forest Road Driver: Warren PUBLIC HEARING -TOWN COUNCIL CHAMBERS 12:OOpm 1:OOpm 2:OOpm The Willows DRB06-0489 / 15 minutes George Final review of new construction 74 Willow Road/Lot 8, Block 6, Vail Village Filing 1 Applicant: The Willows Condominium Association, Inc., represented by Triumph Development, LLC ACTION: TABLED TO DECEMBER 20, 2006 MOTION: Fritzlen SECOND: Dantas VOTE: 3-0-1 (Dorward recused) 2. Ryan Residence DRB06-0526 / 15 minutes Bill Final review of new construction (secondary residence) 95 Forest Road/Lot 32, Block 7, Vail Village Filing 1 Applicant: Jack and Karen Ryan, represented by Michael Suman Architects ACTION: TABLED TO DECEMBER 20, 2006 MOTION: Dantas SECOND: Fritzlen VOTE: 3-0-1 (Dorward recused) 3. Hathaway Residence DRB06-0528 / 15 minutes Warren Final review of new construction (primary/secondary residence) 791 Potato Patch Drive/Lot 24, Block 1, Vail Potato Patch Applicant: John and Vera Hathaway, represented by Michael Suman Architects, LLC ACTION: TABLED TO DECEMBER 20, 2006 MOTION: Fritzlen SECOND: Dantas VOTE: 4-0-0 4. Landmark Condominiums DRB06-0487 / DRB06-0540 20 minutes Bill Conceptual review (major exterior alteration) 610 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3 Applicant: Landmark Condominium Association, Inc., represented by Geoff Wright ACTION: TABLED TO DECEMBER 20, 2006 MOTION: SECOND: VOTE: 3-0-1 (Fritzlen recused) Page 1 3:30pm 5. Solaris (Crossroads) Redevelopment DRB05-0640 / 120 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 DECEMBER 20, 2006 MOTION: SECOND: VOTE: 4-0-0 Staff Approvals Fischer Residence DRB06-0354 Final review of a residential addition (garage, new exterior) 2636 Davos Trail/Lot 2, Block C, Vail Ridge Subdivision Applicant: Randy Fischer Elisabeth Hubbard Residence DRB06-0495 Bill Final review of change to approved plans (driveway and building elevation) 2179 St. Moritz Way/Lot 7, Vail Heights Subdivision Applicant: Trent Hubbard, represented by John Martin, Architect, LLC . Hubbard Residence DRB06-0496 Bill Final review of change to approved plans (driveway and building elevation) 2179 St. Moritz Way/Lot 8, Vail Heights Subdivision Applicant: Trent Hubbard, represented by John Martin, Architect, LLC Beringause Residence DRB06-0512 Warren Final review of a residential addition (elevator, dining room and garage) 1190 Casolar Del Norte Drive/Lot 6, Casolar Vail Subdivision Applicant: Eric Beringause, represented by Fritzlen Pierce Architects Kendrick Residence DRB06-0513 Rachel Final review of a minor alteration (landscaping) 2975 Manns Ranch Road/Lot 6, Block 1, Vail Village Filing 13 Applicant: Clinton and Mary Kendrick, represented by Fitz & Gaylord Landscaping, Inc. Hughes Residence DRB06-0514 Bill Final review of a minor alteration (landscape) 303 Gore Creek Drive, Unit 7/Lot 7, Block 5, Vial Village Filing 1 Applicant: Ron and Terry Hughes, represented by Beck Building Company Miller Residence DRB06-0519 Bill Final review of change to approved plans (dormer) 695 Forest Road/Lot 5, Block 2, Vail Village Filing 6 Applicant: Norm and Anne Miller, represented by Beth Levine, Architect, Inc. Rosenbach Residence DRB06-0520 Bili Final review of change to approved plans (relocate structure) 107 Rockledge Road/Lot 7, Block 7, Vail Village Filing 1 Applicant: Gary and Susan Rosenbach, represented by K.H. Webb, Architects Page 2 Vail Resorts DRB06-0521 Final review of change to approved plans (storage shed, lockers) 616 Lionshead Circle/Tract C and D, Lionshead Filing 1 and 2 Applicant: Vail Associates, Inc., represented by Jeffrey Babb Tap Room DRB06-0522 Final review of a sign 333 Bridge Street/Lot C, Block 2, Vail Village Filing 1 Applicant: The Tap Room, represented by Steven Kaufman Parish Residence DRB06-0523 Final review of a minor alteration (deck) 298 Rockledge Road/Lot 16, Vail Village Filing 1 Applicant: Preston and Barbara Parish, represented by James Lammers Plavec Residence DRB06-0524 Final review of change to approved plans (mechanical room) 2417 Garmisch Drive/Lot 14, Block H, Vail das Schone Filing 2 Applicant: George Plavec, represented by John G. Martin, Architect, LLC Vail Valley Mortgage DRB06-0525 Final review of a sign 288 Bridge Street/Lot D, Block 5A, Vail Village Filing 1 Applicant: Richard Rosenquist, represented by James Gould McKinnon Residence DRB06-0529 Final review of a minor alteration (landscaping) 695 Forest Road/Lot 5, Block 2, Vail Village Filing 6 Applicant: Shad Blakey George Elisabeth Elisabeth Bill Bill Rachel 9 Vail Road DRB06-0530 Elisabeth Final review of change to approved plans (exterior, hallway) 9 Vail Road/Lot B, Vail Village Filing 2 Applicant: 9 Vail Road Condominium Association, represented by Fritzlen Pierce Architects Hicks Residence DRB06-0532 Final review of a minor alteration (re-roof) 225 Forest Road/Lot 25, Block 7, Vail Village Filing 1 Applicant: Ed Hicks, represented by Elk Mountain Roofing & Repair Vail Resorts DRB06-0533 Final review of a sign (temporary site development signs and traffic control signs) 174 Gore Creek Drive/Lots A, B, C, Block 5B, Vail Village Filing 1 Applicant: Vail Resorts Development Company, represented by Tracy Gordon Heather of Vail Condominiums DRB06-0534 Final review (windows) 5197 Black Gore Drive/Heather of Vail Applicant: Heather of Vail Condominium Association, represented by TRD Architects Joe Elisabeth Warren Page 3 Dauphinais Residence DRB06-0535 Warren Final review of a minor alteration (landscaping) 1813 East Lion's Ridge Loop/Lot 5, Block 3, Lion's Ridge Filing 3 Applicant: Patrick and Suzanne Dauphinais White Rock Properties LLC DRB06-0536 Bill Final review of change to approved plans (deck) 4057 Lupine Drive/Lot 4, Bighorn Subdivision Applicant: Alan Goncharoff, represented by Restock and Sullivan LLC Clarkson Residence DRB06-0537 George Final review of a minor alteration (handrails and balcony) 610 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3 Applicant: Ronald Clarkson, represented by Howard Olsen Aalta Sports DRB06-0539 Warren Final review of a sign 520 East Lionshead Circle/Lot 5, Block 1, Vail Lionshead Filing 1 Applicant: Aalta Sports, represented by Darwina McCutcheon Villa Cortina Condominiums DRB06-0543 George Final review of a minor alteration (landscaping) 22 West Meadow Drove/Lot 22, Vail Village Filing 2 Applicant: Villa Cortina Condominium Association, represented by Eugene Mercy, Jr. Lodge South Condominiums DRB06-0544 Bill Final review of change to approved plans (mechanical vents and flag pole) 200 Vail Road/Lots A,B,C, Block 5C, Vail Village Filing 1 Applicant: Lodge South Condominium Association, represented by Stan Cope The Chalets at the Lodge at Vail DRB06-0547 George Final review of change to approved plans (roof) 151 Vail Lane/Lot A, Block 5C, Vail Village Filing 1 Applicant: The Chalets at the Lodge at Vail, LLC, represented by Jarvie Worcester The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479-2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479-2356, Telephone for the Hearing Impaired, for information. Page 4 „ +_ ~~~ MEMORANDUM TO: Town Council FROM: Lorelei Donaldson DATE: .December 13, 2006 SUBJECT: Appointments to the Commission on Special Events (CSE) and the Vail Local Marketing District Advisory Council (VLMDAC) There are currently three (3) vacancies on the CSE and four (4) vacancies on the Vail Local Marketing District Advisory Council (VLMDAC). The Council needs to interview the applicants at the work session and then make the appropriate appointments to the board at the evening meeting. CSE: Members of the CSE shall serve at the will of the Town Council. The CSE shall support the Town Council's goals and objectives and makes decisions in alignment with the Town Council's marketing direction. The mission of the CSE is to support street entertainment and special events for vitality, year-round fun, sense of community and increased quality of experience for guests and residents. The Functions and/or duties of CSE shall include, but are not limited to: hiring and overseeing a director and/or staff, as well as event producers and/or promoters; creating, funding and seeking special events for the Town of Vail; evaluating event applications and event success; submitting an annual budget for operations and events; coordinating the community calendar for special events; seeking out additional funding for special events through sponsorships and donations; evaluating and executing contracts for special events; and all other functions as directed by the Town Council. The Town received five (5) applications for the vacancies. Three applicants are incumbent members of the CSE (noted by asterisks below). The Council shall interview each applicant at the work session and then appoint three applicants to the CSE at the evening meeting. The applicants are as follows: Mark Cervantes Dave Chapin* Meggen Kirkham Richard tenBraak* Heather Trub'` I have enclosed an attendance summary and possible interview questions for the CSE for your review and use. VLMDAC: The mission of the VLMDAC is to strengthen the area economy by attracting visitors to Vail in the May to October time frame. Per C.R.S. 29-5-111 General powers of district. (1)(g) All applicants must be "owners of property within the boundaries of the district," which includes by definition corporations or entities which own property "within the boundaries of the district." Should an entity be appointed to this advisory council, it would then be up to that entity to appoint its designee. Additionally, owners of "taxable personal property" will be considered for appointment. There are currently four vacancies on the VLMDAC. The Town received five (5) applications for the vacancies. Four of the applicants are incumbent members of the VLMDAC (noted by asterisks below). The Council needs to interview each applicant at the work session and then appoint four applicants to the Vail Local Marketing District Advisory Council at the evening meeting. The applicants are as follows: Ian Authur*, Vail Resorts, Inc. representative Stephen Connolly Bob Llewellyn* Beth Slifer* Pam Stenmark* I have also enclosed an attendance summary and suggested interview questions for the VLMDAC for your review and use. RECOMMENDATION: Appoint appoint three persons to the CSE and four persons to the VLMDAC for two year terms each, ending December 31, 2008. a vCV iJ VV IG.JUCI ~{ ~ ~,~; ~\ Amex vai ~ 12/I 1/06 Vail Town Council 75 S. Frontage Rd Vail, Co 81657 p.1 I am submitting my name into the list of candidates for the seats available on the Commi on on Special Events for a number of reasons... The biggest one is the desire to be invo~ ~ din our community's future and economic viability. I have been a Iocat for twelve years and a patron of all the events that come before the ~` "~. I have had a chance to see what works and does not work at these eve a strong understanding of the Vaii economic landscape both its .._ d its weaknesses. .S • # ' '"~ ieen ~ ~`µ ~siness owner for the Last six years, and built this business fr+~ ~eic m~ g idea I created and saw through. ~~uren~ resentative for the Holiday Inn-Apex Vail that is part of the fabric °oa ,~~.a.- ~=~th socially and economically. .. o Vice l~r~,sident of Development for Vanquish Vail Enterprises which owns thL Holiday Inn-Apex Vail and has large scale future development plans which will rely heap :yon the community as a hole for its own future success. +6. I am currerrtly on tI~ _~ Econonuc Advisory Council for Stan Zemler and have also been asked to join some of the newly farmed councils at the WCT73. I look forward to your consideration, and ready to answer any questions you may have. Sincere Nl antes 2211 N. Frontage Rd Vail, Co 8l &57 97Q-476-2739 December 13, 2006 Vail Town Council c/o Lorelei Donaldson, Town Clerk 75 South Frontage Road Vail, Colorado 81657 RE: Commission on Special Events (CSE) Dear Town Council Members and Ms. Donaldson: I would like to express my interest in filling one of the vacancies on the CSE and request your consideration for reappointment to the CSE. It has been my pleasure to serve as a board member and chairman for the CSE. I look forward to answering any questions concerning my reappointment at the work session on December 19, 2006. Thank you for your time and consideration. Sincerely, Dave Chapin P.O. Box 1452 Vail, CO 81658 Phone: (970) 476-5070 (w) December 8, 2006 Vail Town Council Attn: Lorelei Donaldson, Town Clerk 75 South Frontage Road Vail, CO 81657 Vail Town Council: My name is Meggen Kirkham (formerly Bernstein) and I am expressing my interest in filling the vacant position on the Vail Town Council's Commission for Special Events. I am currently employed by Vail Resorts and have worked for the past five years in the Vail Marketing Department, where I am currently the Vail Mountain Senior Brand Manager. In this role, I am involved with the overall Vail Mountain branding including all marketing efforts on a national, statewide and local level. In addition, my responsibilities include managing and marketing the Vail Mountain events such as Vail Snow Daze, The Session, Mardi Gras, Spring Back to Vail and the Vail Film Festival. My background in producing and marketing events (both large and small scale), provides me with a valuable understanding and experience that would enhance the Commission for Special Events. Plus, my overall Vail marketing and branding perspectives would be an asset in the evaluation and production of town- wide events throughout the year. During my career, I have had specific event experience in managing million dollar budgets, coordinating events calendars, seeking out sponsorships and funding, managing staff and working with a variety of personalities in the ski, resort and event industries. My Vail marketing and events knowledge extends into spring, summer, and fall, as I am involved with and have regularly attend meetings for years of the Vail Local Marketing District. Recently, I was involved in facilitating the combining of marketing efforts of Vail Mountain and the VLMD and ensuring the success of these efforts. Born and raised in Vail for the first 13 years of my life, and returning 14 years ago, Vail is a very special place to me. I a proud to be a member of this community and am passionate about ensuring that Vail continues to be the number one ski resort in North America, if not the world. I strongly feel that maintaining and bringing events to Vail is an essential way to ensure that we are successful in the future. 1 would welcome the opportunity to be a part of the Commission for Special Events and will be committed to the position should I be selected. I look forward to meeting with you personally to discuss my qualifications and background in more detail. Thank you for your consideration. Sm erely, Meg irkham Mkirkham(r~vailresorts. com 970-331-5073 (cell) 970-479-3034 (work) 0 November 7, 2006 Town Clerk, Town of Vail Attn: Lorelei Donaldson 75 South Frontage Road Vail, Colorado 81657 I~0 ~,~.IL SO ~" ~ ~ LORD GORE RESTAURANT • FITZWILLIAM'S LOUNGE RE: Commission on Special Events Dear Mrs. Donaldson: It is my understanding the seat I presently hold on the board of the Commission on Special Events is do to expire in December 2006. It has been my pleasure to serve the Vail community for the past three and a half years. While we have made great inroads in event selection, the permitting processing and coordinating with other town entities, we still have more work to do. At this time I would like to express my interest, and please consider this letter as my application for reappointment to the Commission on Special Events board.. As a degreed hospitality professional and an active member in the community, I feel that I add needed diversity while representing the desires of the hotel properties of Vail. Thank you in advance to you and the Town of Vail Council member's for your time and consideration. Sincerely, ~- Richard tenBraak Director of Marketing, Manor Vail Resort 595 East Vail Valley Drive Vail, Colorado 81658 Phone: (970) 476-5000 Fax: (970) 476-0802 E-mail: rtenbraak cr,manorvail.com S9S EAST VAIL VALLEY DRIVE •VAIL, COLORADO 81657 1-800-9S0-VAIL (8245) • 970-476-5000 • 970-476-4982 Fax • www.manorvail.com PREMIER RESORTS w~ ~e .`ok (.P/very December 13, 2006 Dear Members of the Vail Town Council: My name is Heather Trub and I am writing to express my interest in continuing to serve as a member of the Town of Vail, Commission on Special Events. I am currently a member of the CSE and the Production Manager for Rocky Mountain Media, publishers of Vail/Beaver Creek Magazine and Rocky Mountain Golf; therefore, I am very in tune with our area's special events and activities. I am confident that my remaining presence on the Commission would continue to lend a great sense of connection to the events as they unfold from week-to-week, month-to-month and season-to-season. In addition, I would like to be reappointed as a CSE member to ensure the 2007 events that we on the board have reviewed, discussed and provided funding for unfold in the manner specified by the Commission, and provide my expertise where necessary. My experience in special events has allowed me the opportunity to plan, coordinate and produce events for Verizon Wireless, Daimler Chrysler, Jose Cuervo, Corona Beer and Modelo Especial. These were, but not limited to; live, televised events in large and small markets, including; New York, Miami, Los Angeles, Las Vegas and venues throughout Mexico. I am confident in my ability to continue to visualize and forecast budgetary issues to ensure the success of an event, allowing for the maximum return on investment. My experience will continue to compliment both the members of the CSE, as well as the promoters and producers that currently contribute to these events. Lastly, I would like to be reappointed as a member of the CSE so that I can contribute my time and experience to help promote Vail and to become more involved in the community I call home. Thank you for your consideration. Sincerely, Heather Trub 160 West Beaver Creek Blvd., Suite C-102 P.O. Box 1397 Avon, CO 81620 Phone:970-476-6600 Fax:970-845-0069 CSE MEETING ATTENDANCE RECORD: 2006 - - NAME:' _ ___ - 1st Appointed;! - - - CURRENT TERM: _ ---- Dave Chapin _ Jun-02 - -_ __ - - Jan 05- Dec 06; __ - Richard ~~ tenBraak Apr-03 ~I - -t- Jan 05- Dec 06' ~ Stephen Connolly _ _ ~ lan Anderson - -Nov-03 ---~ At large/retail resigned Oct-04 ' Nov-03 ~ reappointed Jan-05 ~~~ - - -- ~ .resigned 7/06- ;. ____ __ Jan 06- Dec 07; Jan 05- Dec 06 STATUS:' CURRENT ~ CURRENTS ' CURRENT _ __ _ RESIGNED 7/21/06' CHAIRMAN ', VICE-CHAIR , ~. MEETING DATES:- ' -- - - ;- --- ,-- , --- -- ~ ~ ---- - ' 24-Jan --- _ _ _ -- - x _ _ ____ - X- - -- - - excused ------ - x 21-Feb'..... -- x _ x. x x' ~ 9-Mar: wNLMD _ xl ___ _ x! __ - x! - - x'' Special: 24-Mar x x x 28-Mar' x! x''~, xl x', Special: 31-Mar x not present x x 25-A ' - _ _- p ~ x~ x l ~ Y _ 23-Ma - , -- - excused ~ -- -- - z . ---- -- z Special:19-June x not present x x 27-Jun!, x', excused' x'', x' Special: 06-July x not present x x 25-Jul x, x' x RESIGNED 7121/06 22-Aug excused'. xi. _ _ --- - --- x 26-Sep, x1 xi, x Special: 12-Oct x recused x 24-Oct I x': x' x Special: 8-Nov Joint Meeting: CSElERC/Promoter x x x 28-Nov' x' __ _ x' x NO REGULAR MEETING IN DECEMBER Robert, Clint Scott ~ Heather Aikens ~ Huber i Stoughton ' Trub -- -r- -- -- --r - - - ~ ------- i Jan-06 Jan-06 Jan-06 Sep-06 Jan 06- Dec 07'~ Jan 06- D_ec 07, J_an 06- Dec 07,, Sep 06- Dec CURRENT I CURRENT CURRENT CURRENT x - - x - x x` _. - _ -- - - X - --- -- x Xi XI X not present not present x x' x' x not present not present x __- x x x a not present. - - x'; -__ ___ not present x not present not present x' x' x x x x _ x j _ __ _ _x' not present not present j x' _ x x! x not present, x x x xi x'' x, APPOINTE x x x x x; x x', x ----- - MEMO: TO: Vail Town Council FROM: Sybill Navas, CSE Coordinator RE: Suggested Interview Questions for Commission on Special Events Candidates 1. Why are you interested in serving on the Commission on Special Events? 2. What particular qualifications do you bring to the position? 3. Do Special Events impact the profitability of your business, either directly or indirectly? If yes, please explain. 4. What role do you perceive Special Events play in Vail? 5. What do you understand the CSE's mission to be and do you support it? 6. What existing events would you identify as most valuable to the community and what types of events should we be attempting to attract? 7. Is it important for the community that the Town of Vail allocates tax dollars and/or in-kind resources to support Special Events or do you think that events should "pay their own way?" 8. With regard to seeking out new events for the community, are there types of events you feel are "appropriate" for Vail? Are there events that you feel are "inappropriate," and if so, what are they? 9. Do you feel that Vail has too many events, too few events or about the right number? 10. Do you think that the CSE has done a good job of managing the calendar and variety of Special Events and do you have any specific ideas as to how you would improve the effectiveness of the CSE? Vail R November 6, 2006 Ms. Lorelei Donaldson Town of Vail Dear Ms. Donaldson: This is to confirm my continued participation in the summer marketing board managed by the WCTB for the Town of Vail Sincerely, Ian Arthur VP Marketing and Sales Vail Stephen Connolly P.O. Box 3003 , Vail, CO & 1658 (970)476-1346 December 12, 2006 Ms. Lorelei Donaldson Town of Vail 75 S. Frontage Rd. Vail, CO 81657 RE: VLMDAC opening Dear Lorelei: Please accept this letter as my application to fill one of the openings on the Vail Local Marketing District Advisory Committee. When I first moved to Vail in 1987, I became involved with the community through Ski Club Vail, serving as their PR and Fundraising Director. I left Vail to pursue a sports marketing career with what was then the world's largest firm -International Management Group. In 2000, I decided it was time to return to Vail. My relationship with the business community was rekindled while I served as the Director for the Vail Chamber & Business Association. I have served on the Commission for Special events for the past three years. With a sales and marketing background that includes a variety of media work, I believe I have the experience to help with current marketing initiatives as well as bring new ideas to the discussion. My commitment to the Town is evident in the time I have volunteered to work on the Commission for Special Events as well as attending various meetings of Town Council, the VLMDAC and the VEAC. Attached is a resume that covers my education and professional background. Thank you for your consideration. Best regards, tephei Co nolly Stephen F. Connolly P.O. Box 3003 Vail, CO 81658 970-476-1.346 SUMMARY OF QUALIFICATIONS Diverse sales and marketing experience. Practical knowledge of media, advertising and special events. Strong communication and problem solving skills. EXPERIENCE 2002 -Present Independent Contractor Vail, CO Sales and marketing efforts for various special events and clients. Helped to found THE DIVISION, a sports marketing agency specializing in the game of poker. 2001 - 2002 Vail Chamber & Business Association Director Day to day operations of a chamber of commerce and business association including: budgets, funding, staffing, special events, working with Town Council, and addressing membership concerns. 1987 - 2001 International Management Group (IMC) Executive/Sports Agent -Denver, CO Represented world class and Olympic champion skiers and snowboarders. General Manager- San Antonio, TX Managed all aspects of a World TeamTennis franchise. 1987 - 1993 Independent Contractor San Francisco, CA Management of sporting, corporate, social, and culinary events Advertising sales for specialty fine arts publications Vail, CO Director of Fundraising and Public Relations -Ski Club Vail Campaign Manager -Stovall for Town Council 1` ` '-:eting Consultant -Cascade Health Club and Spa P c Relations Consultant - We Recycle Advertising Sales Representative -Colorado West Publishing dyer Sales Representative - K-Cite FM '43 - l q~. i~Cedia Sales Representative ~~sing Marketing Review -Denver, CO Regional ,~onthly trade magazine serving the advertising industry Multichannel Novas -Denver, CO °lational weekly trade newspaper serving the cable television industry 191 - ' 9S-[ F^ ent Director Cv-^'~st to End World Hunger -Denver, CO National Logistics Manager for cross-country fundraising bicycle tour. - ' nab ` ~ -Gunnison, CO or for multi-day international bicycle race EDUCATION Bachelor of Arts in Mass Communications - 1981 Western State College of Colorado, Gunnison, CO i`iovember lti, 2UG~6 ~1s .Lorelei I?onaldson Town of Vail I am reapplying for a position on the Local Vail l~~larketing council as my current term expires :Dec. 3l, 20116. f have been a men7ber ofthe coc-ncil since tltie fall of?000. During this time the council has evolved into a Levy focused and results-oriented team of professional marketers including fi~,~e from the Ivd~i~tg community. ~~y experience and expertise as chief n7arketing of#icer of major consumer foods and luxury foods cor~~panies has contributed to tt~e s~~ceess c~fthe cc~~~;il:, particularly in tt~e positioning and lend term strategic direction for 4'ail. ~s the new de~,elop~nent of ~'aii tames to fruition there will be many opportunities for t~e4~- i~~~~ov-ati~-e ar~d strategically-focused marketing programs designed to brim target customers to Vail. Keeping. the current members of the council together as a team is verv important in terms of consistency of message anal approach. In sunlniary, I believe that any peat contributions have lad a pt~stive impact on the n3arketng of Vail and that I can continue to make sign#"~cartt contributions tc~ the future success of Ltail. ,,~ -_' Robert €~, Lle~.vellyn i 220 Lionsridge Loop #3C Vail, ~'4 ~IG~7 Page 2 of 2 From: Melissa Welch [mailto:melissaw@sliferdesigns.com] On Behalf Of Beth Slifer Sent: Monday, November 06, 2006 12:52 PM To: Idonaldson@vailgov.com Cc: kelli mcdonald Subject: VLMDAC Dear Lorelei, Please accept this as official notice that I am applying to be reappointed to the VLMDAC. I am currently Chair of the Advisory Council and would like to continue serving on this Council. In addition to owning and managing Slifer Designs, I have past experience in marketing as Product Marketing Manager for Vesicol Chemical 1980-1983. The Advisory Council has worked extremely well together with four new representatives from the lodging community and other professional marketing experts. We had positive ROI and results in 2006 and are looking forward to expanding our successes with our strategy for 2007. I would like to thank the Town Council for its support and continued involvement in our joint efforts to attract more visitors to the Town of Vail from May -November. Our goal is to grow our summer business significantly. Sincerely, Beth Slifer Beth Slifer Creative Director & CEO « OLE Object: Picture (Metafile) » 216 Main Street, Suite C-900 Edwards, Colorado 81632 phone: 970.926.8200 x 3025 fax: 970.926-8220 email:._beths a~ liferdesigns.com web: www. s_liferdesigns, com 12/14/2006 Pamela Stenmark 2875 Manns Ranch Road Vail, Colorado 81657 December 8, 2006 Ms Lorelei Donaldson Vail Town Clerk 75 S. Frontage Road Vail, CO 81657 Sent via Email to lonaldson aC7,vailgov.com RE: Vail Local Marke#ing District Advisory Committee Dear Lorelei: Via this letter I am submitting my application for reappointment to the Vail Local Marketing District Advisory Committee (VLMDAC). I have served on the Committee since 1999 and feel that we have gained insight, experience and momentum. Recent Town of Vail tax records show an increase in non-winter season ax receipts in almost all categories; I believe this is largely a result of the work done by VLMDAC. In addition to my experience .with VLMDAC, I .have been a resident and/or property owner in Vail since 1969. During that time 1 worked for five years with Vail Associates as .Public ,Relations Manager for Vail and Beaver Creek, managed Vail Athletic Club 8~ Ho#el out of receivership and have been part of the ownership and management team at Evergreen Lodge for fifteen years. In the interim I formed an independent Public Relations firm that represented Aspen Skiing Company, Wes#in Hotel at Cascade ViNage, the AEI World Forum and a variety of ski and sports related companies or products. As a result of my experience and dedication to seeing Vail prosper as a successful year-round resort community I would very much like to be reappointed to the VLMDAC and to continue to work with the committed, intelligent people and marketers who make up that group. It is my understanding that interviews for these appointments are slated for December 19th. Prior to learning of this date I made travel arrangements and will be out of town for the Holidays starting on the 19th. I will make myself available, at your or the Council's convenience at another time should that be your wish. Thank you. for your consideration of me for appointmen# to the VLMDAC. Regards, Pamela Stenmark GY ~~ Vail Local Marketing District Advisory Council Meeting Attendance Summary 202 Mar. Apr. May June July Aug. Sept. Nov. Dec. Beth Slifer Bob Llewellyn Chris Jamot Christine Wemer Greg Moffet Kenny Friedman Kelli McDonald Mia Vlaar Pam Stenmark Sally Hanlon Steve Rosenthal YES YES YES YES YES YES YES YES YES NO NO NO YES YES YES NO NO NO YES YES YES YES YES YES YES YES YES N/A N/A NO YES YES YES YES YES YES YES YES YES YES YES YES YES NO YES YES YES YES NO YES NO NO NO YES N/A N/A YES YES YES YES YES N/A N/A NIA NIA YES YES YES YES YES NIA N/A YES YES YES YES YES YES YES YES YES YES YES YES NO YES YES YES YES YES NO NO YES YES YES YES YES YES YES 203 Jan. Feb. Apr. May June July Aug. Sept. Oct. Dec. Beth Slifer Bob Llewellyn Chris Jarnot Christine Werner Greg Moffet Kenny Friedman Pam Stenmark Sally Hanlon Steve Rosenthal NO YES YES YES YES YES YES YES YES YES YES YES NO NO YES YES YES NO NO NO YES YES YES YES NO YES NO YES NO YES YES YES YES YES YES YES YES NO NO YES YES YES YES YES YES YES NO YES YES YES YES NO YES NO NO YES NO YES YES YES YES YES NO YES YES YES YES YES YES YES NO NO YES NO NO YES YES YES YES NO YES YES YES YES YES YES YES NO YES NO 2~~4 Jan (1) Jan. (2) Feb. Mar. Apr. May June July Sept. Oct. Nov. Beth Slifer Bob Llewellyn Christine Wemer Greg Moffat Kenny Friedman Pam Stenmark Steve Rosenthal Andrew Karow lan Arthur YES NO YES YES YES YES YES YES NO YES YES YES YES YES NO NO NO NO YES YES NO NO YES YES YES YES YES NO YES YES YES YES YES YES NO NO YES YES YES YES YES YES YES YES YES YES NO YES NO YES YES YES YES YES YES YES YES YES YES NO YES YES YES YES YES YES YES YES YES YES YES YES NO YES YES YES YES YES YES NO YES YES NO YES NO YES YES YES YES NO YES NO NO YES NO NO YES NO NO 2UU5 Jan. Feb. Mar. (1) Mar. (2) May (1) May (2) Sept. Oct. Nov.(1) Nov.(2) Beth Slifer Bob Llewellyn Greg Moffat Kenny Friedman Pam Stenmark Steve Rosenthal Andrew Karow lan Arthur Doug Brooks NO YES YES YES YES YES YES YES YES YES YES YES YES NO NO NO YES NO YES YES YES YES YES NO YES YES YES YES YES NO YES YES YES YES YES YES YES YES YES YES NO YES YES NO YES NO YES YES YES YES YES NO YES YES YES NO YES NO YES YES NO YES YES YES YES NO YES YES YES YES YES YES YES NO YES NO YES NO YES YES N/A N/A YES NO NO NO YES YES YES N/A 2~~6 Jan. Feb. March April May June July Aug. Sept. Beth Slifer Bob Llewellyn Chris Romer Diane Parks Greg Moffat Ian Arthur John Dawsey Pam Stenmark Rich TenBraak Laurie Mullen YES YES YES YES YES YES YES YES YES YES YES NO YES YES YES YES YES YES YES YES YES YES NO YES YES YES YES YES YES YES NO N/A N/A N/A N/A N!A YES YES YES YES NO NO YES YES YES YES YES YES YES YES NO YES YES YES YES YES YES YES NO YES YES YES YES YES YES YES NO NO YES YES YES YES YES YES YES YES YES NO YES YES NO NIA NIA N/A N/A N/A YES YES YES YES TOTAL ATTENDANCE Beth Slifer 45 out of 49 Bob Llewellyn 27 out of 49 Christine Werner 24 out of 28 (2002-2004) Greg Moffat 41 out of 49 Kenny Friedman 30 out 40 (2002-2005) Pam Stenmark 43 out of 49 Steve Rosenthal 32 out of 40 (2002-2005) Andrew Karow 16 out of 21 (2004-2005) lan Arthur 19 out of 28 (2004 -current) Doug Brooks 4 out of 7 (2005 only, resigned in Nov. 2005) ATTENDED 9 out of 9 3 out of 9 8 out of 9 8 out of 7 8 out of 9 5outof9 5outof5 5 out of 5 9 out of 9 8 out of 9 7 out of 9 ATTENDED 9outofl0 5 out of 10 7outofl0 8 out of 10 8 out of 10 6outofl0 9outofl0 Soutofl0 8 out of 10 ATTENDED 9 out of 11 5 out of 11 10 out of 11 9outof1l 9outofll 10 out ofll 10 out of 11 8outofll 4outofll ATTENDED 9outofl0 6outofl0 8outofl0 10 out of l0 7outof10 7 out of 10 Bout of 10 7outofl0 4outof7 ATTENDED 9outof9 8outof9 8outof9 3 out of 4 7outof9 8 out of 9 8outof9 7 out of 9 7 out of 9 4outof4 Suggested Questions for VLMDAC Candidates o What experience do you have in marketing? o What do you see as the primary role of the VLMDAC? o Have you been on any other TOV boards/committees? o How do you qualify for appointment to VLMDAC (homeowner/business owner?) o What is your occupation? o How do you believe your appointment would benefit the VLMDAC? o What do you believe is Vail's strongest selling point in the non-ski season? o What is the biggest hurdle Vail must overcome in marketing the non-ski season? o How long have you lived/worked in Vail? o What do you believe is the most effective form of marketing Vail to potential summer guests? o What role should events play in the marketing message? o Why do you want a seat on the VLMDAC? o Are you prepared to make the time commitment necessary to fulfill a position on the VLMDAC -monthly meetings for 3 hours; additional meetings as needed? ~~f ~'>n' _ ,. 1G ~ $ .,~~ ~. 1 - .~ .. r. .. ,. .. .. . (, a rp ` I} a gg C ~ ~~ ~ ¢ F _ ,. ... - ~ ~ ~~ °~~'~'s ,i, . _ 4 C' . j ... ~ .._ ._Y - !:' ~~ Enquiries: Gary Gaffney Telephone: 03 5775 8516 Our Ref.• E450 SFIELD VIII 24 October 2006 ?i•i;r~t€' ~.la i~){)~) ,4f~7SlSrE'~C{. J7~4 Mr Chip Domke Vail VaAey Exchange PO Box 1431 VAIt_ CO 81658 USA _ c_wfa _. -'.'.ti `i Dear Chip STUDENT EXCHANGE I have been informed by Benalla Rural City that they are withdrawing from the Vail Valley Exchange program. Council believes that these exchanges are of great benefit to the Mansield community and would be prepared to sponsor a second student. The Mansfield Shire Council at its 17 October 2006 meeting passed several resolutions with regard to the Vail Valley Exchange, they were as follow: "That Council formalise with the Vail Valley Exchange that two annual scholarships are established between Vail Valley and Mansfield Shire Council commencing in the 2007/08 financial year. " "The Mansfield Shire Council writes to the Mansfield Secondary College indicating that they are prepared to fund two annual scholarships to the Vail VaNey Exchange beginning in the 2007/08 financial year. " Council would like to formalise this agreement and awaits your response. If you would like to discuss this matter further please do not hesitate to contact me. Yours sincerely i f u ~ ~"-~ Gary Gaffney Chief Executive Officer VAIL VILLAGE HOMEOWNERS ASSOCIATION, INC. President -Alan Kosloff Secretary -Ellie Caulkins Treasurer -Patrick Gramm Executive Director -Jim Lamont Directors: Judith Berkowitz -Dolph Bridgewater -Richard Conn -Gail Ellis -Ron Langley Eugene Mercy -Bill Morton - Trygve Myhren - Gretta Parks -Emeritus: Bob Galvin You are cordially invited to attend: ANNUAL VVHA MEMBERSHIP MEETING Thursday, December 28, 2006 4:00 P.M. Manor Vail Lodge AGENDA Convene: Alan Kosloff, President. 1. Introduction of Board of Directors, Attendees, and Guests: Alan Kosloff, President. 2. Opening Comments: Alan Kosloff, President 3. Secretary's Report: Ellie Caulkins, Secretary. 4. Treasurer's Report: Patrick Gramm, Treasurer. 5. 2006 Annual Report: Jim Lamont, Executive Director. 6. 2006 -2007 Issues for Discussion: Alan Kosloff, President. Town of Vail Mayor Rod Slifer, Overview of Town of Vail Projects Stan Zemler, Town Manager 2006 -2007 Activities Vail Resorts, Inc. Bill Jensen, Co-president of Vail Resort Mountain Division, and Chief Operating Office of Vail -Operational issue Keith Fernandez, President of Vail Resort Development Company -Introduction Jack Hunn, Senior Vice President of Development of Vail Resort Development Company -Development Issues 7. Issues and Concerns of the Membership: Alan Kosloff, President. Adjournment: Information and reports concerning the meeting can be fecund on the Association's web site. Please o~vard to appropriate parties. Post Office Box 238 Vail, Colorado 81658 Telephone: (970) 827-5680 Voice Mail/FAX: (970) 827-5856 e-mail: vvha@vail.net web site: www.vailhomeowners.com ft'ocky /Teat un-taitn ~Rcinc~cer~nc. ,~f~~~ V L~L.7~U~~: Pf~rgi~ent P~onc: aJo' 3 j6 - 4 I ~O ~~ lox i 2Z 7 F~°Y l3)~/''/ {~+~(R~~i - Q~I~rF'k {{77 Avon ~,(,~ S i eZO 1_=!!aF1: ~Gf Kyty~OUn'~8:n; 1CInC.tCCf~4;2~00.`OT. F` --_ ~ - ~~ _-- - _ ~ - -_ ~~' ~ . :- :.~~~; ~ -~ ~~~~ ~~ i m;;~~ tl %~N ~~ ~ ~ f ~~ } ' ` t! y , 7 f ` ~ , ~ A~ ~ 1 ~. .~~_ -- ii~.T _.i-~ ~~~~ !~ + ~ ~~ s~~ 1~ ~. { ~ ~ ~ ~ d ~~ ~a~ ~ ., ,~,. ,~ ~ ~ ~ - ,~' .~ ~~ I ~ + ~~ i , " ~ ~' *~ 1 ~ I "~ I ~ ~~` .~~_ •~ ~~, f a