HomeMy WebLinkAbout2007-06-05 Support Documentation Town Council Work Sessionv
VAIL TOWN COUNCIL
WORK SESSION AGENDA
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
1:00 P.M., TUESDAY, JUNE 5, 2007
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. George Ruther ITEMlTOPIC: PEC/DRB Update. (15 min.)
2. Kathleen Halloran ITEM/TOPIC: 2008 Budget timetable and philosophy. (15 min.)
Judy Camp
ACTION REQUESTED OF COUNCIL: Discuss the proposed
timeline and the philosophy for the. preparation of the 2008
budget.
BACKGROUND RATIONALE: At the start of each budget
season, a timetable is presented to council with future dates for
next year's budget process.
STAFF RECOMMENDATION: Discuss and provide any changes
or recommendations to the budget timetable and philosophies.
3. Stan Zemler ITEMROPIC: Discuss the proposed redevelopment of the Timber
Ridge Affordable Housing project, located at 1280 North Frontage
Road with the Vail Town Council. (45 min.)
ACTION REQUESTED OF COUNCIL: Provide feedback and
direction to the Community Development Department on the
above mentioned item.
4. Gregg Barrie ITEM/TOPIC: Vail Whitewater Park Recreational Enhancements.
(25 min.)
ACTION REQUESTED OF COUNCIL: Staff is requesting a
discussion with the Council to determine whether or not to
proceed with construction of the project.
BACKGROUND RATIONALE: Several times during 2006, Town
staff presented the concept of an adjustable whitewater feature to
the Town Council. Each time, design and pricing was discussed,
and the question was asked whether to continue with the project.
In August, the Town Council overturned a Planning and
Environmental Commission denial of the proposal.
In March 2007, the town received 3 bids for the construction of the
project. Working with the lowest bidder, staff has developed 4
Alternatives for the Council to consider.
They are presented in the attached Memorandum.
STAFF RECOMMENDATION: Staff recommends that this is the
only option far making any significant improvement to the Vail
Whitewater Park. If the Council is inclined to fund the project,
Staff recommends constructing Alternative B.
5. Matt Mire ITEM/TOPIC: First reading of Ordinance No. 16, Series 2007. An
Ordinance to Prohibit the Possession, Sale or Use of Fireworks
within the Town of Vail; and setting forth details in regard thereto.
(10 min.)
ACTION REQUESTED OF COUNCIL: Approve, amend or deny
first reading of Ordinance No. 16, Series 2007.
BACKGROUND: Pursuant to C.R.S. §12-28-107, the Town is
authorized to adopt an ordinance establishing prohibitions upon
the sale, use, and possession of fireworks, including "permissible
fireworks" as defined in C.R.S. § 12-28-101, within the corporate
limits of the town.
STAFF RECOMMENDATION: Approve, amend or deny first
reading of Ordinance No. 16, Series 2007.
6• ITEMlTOPIC: Matters from Mayor & Council. (10 min.)
7• ITEM/TOPIC: Information Update. (10 min.)
Election.
8• ITEMlTOPIC: Executive Session Pursuant to C.R.S. § 24-6-
. 402(4)(b)(e) -Conference with the Town Attorney for the purpose
of receiving legal advice on specific legal questions; and to
determine positions, develop a strategy and instruct negotiators
regarding town property. (30 min.)
9• ITEM/TOPIC: Adjournment. (3:40 p.m.)
NOTE UPCOMING MEETING START TIMES BELOW:
(ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE)
THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION
WILL BEGIN AT TBD, TUESDAY, JUNE 19, 2007 IN THE VAIL TOWN COUNCIL
CHAMBERS.
Sign language interpretation available upon request with 48-hour notification. Please
call 479-2106 voice or 479-2356 TDD for information.
PLANNING AND ENVIRONMENTAL COMMISSION
PUBLIC MEETING
,, ,< May 14, 2007
~~','' 1:OOpm
TOWN COUNCIL CHAMBERS /PUBLIC WELCOME
MEMBERS PRESENT MEMBERS ABSENT
Dick Cleveland
Anne Gunion
Bill Jewitt
Rollie Kjesbo
Michael Kurz
Bill Pierce
David Viele
Site Visits:
None
5 minutes
A request for a final review of an amended final plat, pursuant to Chapter 13-12, Exemption Plat
Review Procedures, Vail Town Code, to amend the allowable Gross Residential Floor Area,
located at 3977 Lupine Drive/Lot 1A, Block 1, Bighorn 15t Addition, and setting forth details in
regard thereto. (PEC07-0023)
Applicant: Todd and Cindy Oliver, represented by TAB Associates, Inc.
Planner: Bill Gibson
ACTION: Approved
MOTION: Kjesbo SECOND: Gunion VOTE: 7-0-0
Bill Gibson gave a presentation per the staff memorandum.
There was no public comment.
The Commissioners expressed their support for the application.
5 minutes
2. A request for a final review of an amended final plat, pursuant to Chapter 13-12, Exemption Plat
Review Procedures, Vail Town Code, to allow for a modification to shared property boundaries,.
located at 5119 and 5121 Black Bear Lane/Lots 8 and 9, Block 2, Gore Creek Subdivision, and
setting forth details in regard thereto. (PEC07-0024)
Applicant: Lisa Augustine, represented by JMP Architects
Planner: Bill Gibson
ACTION: Approved with conditions
MOTION: Kjesbo SECOND: Cleveland VOTE:7-0-0
CONDITIONS:
1. The applicant must execute the relocated utility easements prior to the recordation of
this amended final plat.
2. The applicant and his successors and assigns, shall not be permitted to request any
variances subsequent to the approval of this amended final plat for Lots 8 and 9, Block 2,
Gore Creek Subdivision, on the basis that the resulting approved plat created a physical
hardship for developing these lots.
Page 1
Bill Gibson gave a presentation per the staff memorandum.
There was no public comment.
The Commissioners expressed general support for the application. Rollie Kjesbo asked for
clarification of Condition #2.
10 minutes
3. A request for a recommendation to the Vail Town Council for a zone district boundary
amendment, pursuant to Section 12-3-7, Amendments, Vail Town Code, to allow for a rezoning
from Two-Family Primary/Secondary District (P/S) to Low Density Multiple Family District
(LDMF), located at 1817 Meadow Ridge Road/Lot 21, Buffehr Creek Subdivision, and setting
forth details in regard thereto. (PEC07-0018)
Applicant: Capstone Townhome Association, represented by Marc Levarn, President of the
H.O.A.
Planner: Warren Campbell
ACTION: Recommendation of Approval with condition(s)
MOTION: Kjesbo SECOND: Viele VOTE: 7-0-0
CONDITION(S):
1. That Lot 21, Buffehr Creek Subdivision, shall be limited to no more that six (6) dwelling
units regardless of that allowable under Low-Density Multiple Family District zoning.
Warren Campbell gave a presentation per the staff memorandum.
Mark Levarn, applicant, was available for questions.
There was no public comment.
Anne Gunion generally supported the application, but would be opposed to any future variance
requests which encroached further into the setbacks.
Bill Pierce asked Warren Campbell to clarify how steep slopes could affect the property. He
does not support an additional dwelling unit.
Michael Kurz agreed with the comments made by Commissioner Gunion.
Dick Cleveland noted his concern that variances may still be needed for future redevelopment.
He does not support an additional unit.
Warren Campbell clarified that approval of this request would eliminate the need for density
variances, which were denied in the past for this project development.
Rollie Kjesbo agreed with Dick Cleveland.
David Viele had no comment.
Bill Jewitt stated that this property was mis-zoned when it was annexed into the Town and the
zone change is more appropriate with how the site is developed.
Page 2
30 minutes
4. A request for a work session to discuss the development applications necessary for the review of
the redevelopment of the Clock Tower Building (Gorsuch Building), located at 263 East Gore
Creek Drive/Lots D and E, Block 5, Vail Village Filing 1, and Lots Cand FSlifer/McBride
Subdivision (PEC07-0025)
Applicant: David and Renie Gorsuch, represented by Resort Design Associates
Planner: Scot Hunn/Warren Campbell
ACTION: Worksession, no vote
Warren Campbell gave a presentation per the staff memorandum
Jay Peterson and Gordon Pierce, applicants' representatives, presented an overview of the
proposal
John Gorsuch noted that their intent is to construct a new building that looks like it's an original
Vail building. He also noted their intent to construct a "green", environmentally friendly,
construction project.
Dave Gorsuch explained the history of the existing building.
Michael Kurz stated that the Gorsuch store is part of the brand of Vail, and he's pleased to see.
the proposal still meets the core values of the Town. He believes it's a good start.
Dick Cleveland is encouraged that the Gorsuch's are the first to bring a major renovation to the
Village. He's concerned about the Bridge Street presence of the building. He's also concerned
about the clock tower and believes the current design is the icon and branding of Vail. He would
like to see the new tower emulate the existing design. He suggested the tower could go up, but
should not be wider. He was very positive about the other portions of the building.
Rollie Kjesbo he likes the overall massing of the building, but the same as Dick Cleveland he
does not support the wider clock tower design. He generally supports the proposal.
Bill Jewitt asked the applicant to further describe the construction staging and the third floor
dining area. He echoed Dick Cleveland's concerns about preserving the design of the clock
tower. He believes the redevelopment of this building within the Town's design parameters will
set the tone for of renovations.
Bill Pierce identified concerns about preserving view corridors and reviewing this proposal in
context with the surrounding buildings. He'll miss the liveliness of a deck on the Bridge Street
side of the building. He's concerned that the two different tower styles on the building contradict
each other and about the proportions of the new tower. He recommended breaking up the plane
of the south fagade.
David Viele doesn't have as much attachment to the current tower and supports the proposed
design. He noted concerns about preserving vitality along Bridge Street. He supports the
overall design of the plans.
Jim Lamont, Vail Village Homeowner's Association, is impressed with the initial design. He did
note concerns about loading/delivery and construction staging. He agreed with Bill Pierce's
suggestions concerning articulating the south elevation. He noted concerns about need for a
strong presence along Bridge Street.
60 minutes
Page 3
5. A request for a work session to discuss. the development review applications necessary for the
review of the redevelopment of the properties known as "Ever Vail" (West Lionshead), located at
862, 923, 934, 953, and 1031 South Frontage Road West/Unplatted, and setting forth details in
regards thereto. (PEC07-0019, 0020, 0021, 0022)
Applicant: Vail Resorts Development Corporation, represented by Mauriello Planning Group
LLC
Planner: Warren Campbell
ACTION: Tabled to June 11, 2007
MOTION: Kjesbo SECOND: Viele VOTE:7-0-0
Warren Campbell gave a presentation per the staff memorandum.
Tom Miller, Vail Resorts, introduced the development team.
Gary Wakasuki, Callison Architecture, introduced the design team.
Steve Harmon, Callison Architecture, introduced the LEEDs environmental design program.
Michael Lee, Callison Architecture, introduced the proposed development.
Crystal ?, Callison Architecture, introduces the branding of the project.
Dominic Mauriello, Mauriello Planning Group, summarized the application review process.
Dick Cleveland questioned how creating a village with a parking structure and lift that doesn't
draw away from Vail Village or Lionshead.
Tom Miller stated that they area pursuing visitors from other resorts and capturing missing
markets here in Vail.
Michael Kurz asked about consistency with the Vail brand such as Vail Village. His opinion is
that this is a dissolution of the Vail brand.
Bill Jewitt noted his concerns about constructing an additional ski portal.
David Viele clarified that he is not associated with the proposed development and he does not
have a conflict of interest in reviewing this proposal. He noted that the Commission's role is to
review the project based upon the zoning regulations and not the marketing aspects of the
project.
Jim Lamont, Vail Homeowners Association, noted his concern about possible delays in the
review process associated with approvals from CDOT on road re-alignment and from the Town
on parking issues. He is concerned about the design of the parking structure and the
subterranean construction.
Dominic Mauriello stated that their plans assume a road realignment will occur.
Bill Pierce questioned if there is another option to realignment, such a building above the
Frontage Road.
Jim Lamont noted concerns about additional issues such as skier drop-off, branding, location of
the water treatment plant, construction of a grand boulevard, creating an entertainment center,
creating vitality, etc.
Page 4
David Viele commented that he is on the water board and the district is of the option that the
treatment plant site is not the highest and best use of the site.
5 minutes
6. A request for a work session to review the prescribed zoning regulations, pursuant to Section 12-
3-7, Amendment, Vail Town Code, to allow for modifications to Section 12-6A-9, Site Coverage,
Vail Town Code (Hillside Residential District), to increase allowable site coverage from 15% to
20%, Spraddle Creek Estates Subdivision, located at 914 through 1326 Spraddle Creek Road,
Lots 1-15, and setting forth details in regard thereto. (PEC07-0013)
Applicant: Spraddle Creek Estates Homeowners Association, represented. by Dave Kaselak of
Zehren and Associates
Planner: Warren Campbell
ACTION: Table to June 11, 2007
MOTION: Cleveland SECOND: Kjesbo VOTE: 7-0-0
5 minutes
7. A request for a work session to review an amended final plat, pursuant to Chapter 13-12,
Exemption Plat Review Procedures, Vail Town Code, to allow for modifications to platted gross
residential floor area and site coverage limitations, located at 914 through 1326 Spraddle Creek
Road, Lots 1-15, Spraddle Creek Estates Subdivision, and setting forth details in regard thereto.
(PEC07-0014)
Applicant: Spraddle Creek Estates Homeowners Association, represented by Dave Kaselak of
Zehren and Associates
Planner: Warren Campbell
ACTION: Table to June 11, 2007
MOTION: Cleveland SECOND: Kjesbo VOTE: 7-0-0
8. Approval of April 23, 2007 minutes
MOTION: Cleveland SECOND: Kurz VOTE: 6-0-1 (Viele recused)
9. Information Update
10. Adjournment
MOTION: Cleveland SECOND: Kjesbo VOTE: 7-0-0
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 May 11, 2007, in the Vail Daily.
Page 5
~~" DESIGN REVIEW BOARD AGENDA
_ 3 PUBLIC MEETING
May 16, 2007
~~,~~~ ~~~~, ~ 3:00 P.M.
Council Chambers
PROJECT ORLENTATION 2:30pm
MEMBERS PRESENT MEMBERS ABSENT
Mike Dantas
Tom DeBois
Pete Dunning
Brian Gillette
Margaret Rogers
SITE VISITS 2:45pm
1. Pal Residence - 254 Beaver Dam Road
Driver: Bill
PUBLIC HEARING -TOWN COUNCIL CHAMBERS
Pal Residence DRB07-0164
Final review of new construction (secondary residence)
254 Beaver Dam Road/Lot 23, Block 7, Vail Village Filing 1
Applicant: Joe Pal, represented by Steven James Riden
ACTION: Tabled to June 6, 2007
MOTION: Dantas SECOND: Gillette
Staff Approvals
Pedigo Residence DRB06-0486
Final review of a residential addition (entry, living room)
1325 Westhaven Circle, East side/Lot 49, Glen Lyon Subdivision
Applicant: James and Ruth Ann Pedigo
VOTE: 5-0-0
Avery Residence DRB07-0119
Final review of a minor alteration (garage, patio, entry foyer, windows)
742 Sandy Lane/Lot 3, Vail Potato Patch Filing 2
Applicant: Steve and Molly Avery, represented by John G. Martin, Architect, LLC
Heibing Residence DRB07-0127
Final review of a residential addition (enclose deck)
4229 B Nugget Lane/Lot 6B, Bighorn Estates
Applicant: Steve and Joy Helbing, represented by TAB Associates
3:OOpm
Bill
Warren
Rachel
Bill
Page 1
Pratt Residence DRB07-0130 Warren
Final review of a residential addition (bedroom, bathroom)
3827-B Lupine Drive/Lot 2, Bighorn 2"d Addition
Applicant: Henry Pratt
Oldham Residence DRB07-0144 Warren
Final review of a minor alteration (entry addition, loft, windows)
2239 Chamonix Lane/Lot 2, Tall Pine Subdivision
Applicant: Kathy Standage and Mike Oldham, represented by John G. Martin, Architect, LLC
Meadow Creek Condominiums DRB07-0152 .Bill
Final review of changes to approved plans (windows)
2637 Kinnikinnick, Units D-1, E-6, M-1/Meadow Creek Condominiums, unplatted
Applicant: Meadow Creek Condominiums
Meadow Creek Condominiums DRB07-0153 Bill
Final review of changes to approved plans (doors)
2637 Kinnikinnick, Units C-3, F2/Meadow Creek Condominiums, unplatted
Applicant: Meadow Creek Condominiums
Meadow Creek Condominiums DRB07-0154 Bill
Final review of changes to approved plans (decks)
2637 Kinnikinnick, Units B5, C3, C4, C6, D1, E6, F3, G1, H2, J1, M1, M4-M5, Al-A6/Meadow Creek
Condominiums, unplatted
Applicant: Meadow Creek Condominiums
Gunion Residence DRB07-0156 Rachel
Final review of change to approved plans (landscaping)
4284 Columbine Circle, East Unit/Streamside Duplexes
Applicant: Chris and Anne Gunion, represented by Happy Trees, LLC
Littman Residence DRB07-0158 Rachel
Final review of a minor alteration (skylight)
1448 Vail Valley Drive, Lot 18, Block 3, Vail Valley Filing 1
Applicant: Andy Littman, represented by Fritzlen Pierce Architects
Bee Residence DRB07-0163 Warren
Final review of a residential addition (living room)
141 West Meadow Drive/Lot D2, Vail Village Filing 2
Applicant: John Bee, represented by RAL Architects
Landis Residence DRB07-0165 Bill
Final review of change to approved plans (deck railing, paint, lights)
5127 Main Gore Drive/Lot 6, Block 1, Bighorn 5th Addition
Applicant: Martin Landis, represented by Boles Custom Builders, Inc.
Vail Psychic DRB07-0167 Rachel
Final review of a sign
162 Gore Creek Drive/Lots A,B,C, Block 5C, Vail Village Filing 1
Applicant: Tom Merino
Page 2
Solaris DRB07-0172 Warren
Final review of a sign
141 and 143 East Meadow Drove/Lot P, Block 5D, Vail Village Filing 1
Applicant: Solaris Property Owner, LLC
Northwoods Condominiums, Building D / DRB07-0173 Warren
Final review of a minor alteration (roof)
600 Vail Valley Drive/Blocks D & E, Northwoods Condominiums
Applicant: Northwoods Condominium Association, represented by James Akin
Lifthouse Condominiums DRB07-0174 Rachel
Final review of a sign
555 East Lionshead Circle/Lot 3, Block 1, Vail Lionshead Filing 1
Applicant: Lifthouse Condominiums, represented by Packy Walker
Millrace Condominium Association DRB07-0176 Rachel
Final review of change to approved plans (windows)
1380 Westhaven Drive/Cascade Village
Applicant: Millrace Condominium Association, represented by Fritzlen Pierce Architects
Vail Mountain View Residences DRB07-0177 George
Final review of change to approved plans (sidewalks, retaining walls, pool deck, lighting, hot tub)
442 Frontage Road East/Vail Village Filing 5
Applicant: Lunar Vail, LLC, represented by Ron Constien
Sonnenalp Hotel DRB07-0178
Final review of a minor alteration (re-paint)
20 Vail Road/Lot L, -Block 5E, Vail Village Filing 1
Applicant: Johannes Faessler
Scot
Racquet Club Condominiums DRB07-0179 Joe
Final review of a minor alteration (landscaping)
4770 Bighorn Road/Unplatted
Applicant: Racquet Club Owners' Association, represented by Steve Loftus
Founders' Garage DRB07-0180 George
Final review of change to approved plans (garage doors)
384 Gore Creek Drive/Lot P3, Block 5A, Vail Village Filing 5
Applicant: Vail Resorts Development Company, represented by Cody O'Kelly
Kellen Residence DRB07-0181
Final review of a minor alteration (window)
4560 Timberfalls Court/Unplatted
Applicant: James Kellen, represented by Haller Construction
Rachel
Beard Residence DRB07-0182. Joe
Final review of a minor alteration (roof)
1275 Westhaven Circle/Lot 46, Glen Lyon Subdivision
Applicant: Stanley S. Beard, represented by Elk Mountain Roofing & Repair, Inc.
Page 3
Savoy Villas DRB07-0185
Final review of a minor alteration (roof)
1240 Lions Ridge Loop/Lot C, Block B, Lions Ridge Filing 1
Applicant: Savoy Villas, represented by Tiley Roofing Inc.
Joe
Sun Vail Condominium Association DRB07-0186 Warren
Final review of a minor alteration (railings)
605 - 685 North Frontage Road/Vail Potato Patch Filing 1
Applicant: Sun Vail Condominium Association, represented by D. Bugby
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
r
MEMORANDUM
To: Town Council
From: Stan Zemler, Judy Camp, Kathleen Halloran
Subject: 2008 Budget Philosophies and Timetable
Date: May 31, 2007
BUDGET TIMETABLE
The 2008 budget timetable (attachment A) is attached for your information. This
timetable provides for approval of the 2008 budget upon second reading of the budget
ordinance on October 2, 2007.
Some highlights of the budget process this year include:
• Council contributions will be considered concurrently with all other expenditures
as we did last year whereas in some prior years contributions were considered in
advance of other budget items.
• In connection with Council's discussion of major revenue items on July 3~d, staff
plans to bring some alternative funding options. Examples include a construction
use tax, an occupancy tax on use of timeshare/fractional fee units, increases in
construction permit fees, use of fund balance for selected one-time projects, etc.
• Staff will also develop a plan to address housing concerns for municipal
employees with the objectives of: maintaining at least 30% of municipal
employees living in Vail; and enhancing recruitment and retention of qualified
staff. Council discussion of this issue is planned for July 17~'~
• Capital budget discussions which begin on July 17~' will include potential use of
tax increment financing (TIF), housing pay-in-lieu funds and recreational facilities
capital needs in partnership with the Vail Recreation District.
2008 BUDGET PHILOSOPHIES
Background: The Vail Town Charter (attachment B) sets forth certain requirements for
the budget.
The budget book, which is produced each year, gives further guidance to the town's
budgeting process and philosophies. The Budgeting Process section of the 2007
Budget Book is attached for your review (attachment C). Staff will base the 2007 budget
on the process and philosophies set forth in this document unless Council directs any
changes.
Action Reauested of Council: Review the attached material, particularly the Budget
Philosophies and Practices, and confirm your agreement or direct staff to make
changes.
070605 Guidelines
Town of Vail
Proposed 2008 Budget Timetable
Budget Guidelines
Presentation of 2006 audit report to Council 06/05/07
Council discussion of budget timetable & philosophies 06/05/07
Guidelines distributed to department heads 06/06/07
Council discussion of Off-Cycle Contribution Requests 06/19/07
2007/2008 parking task force meeting TBD
Capital budget request for county funds submitted TBD
Staff prepares departmental budgets 06/11/07 to
Council discussion of major revenue items 07/03!07
Town Manager reviews departmental budgets 07/09/07 to
Council discussion of Town municipal employee housing 07/17/07
Council discussion of 15-year Capital plan 07/17/07
Council discussion of 15-year RETT plan 07/17/07
Council discussion of 5-year Capital plan 08/07/07
Council discussion of 5-year RETT plan 08/07/07
Council review of first draft of Town Manager's budget 08/21/07
Council review of second draft of Town Manager's budget 09/04/07
Council review of Vail Reinvestment Authority 10/16/07
Budget Documentation and Reporting
First reading of 2006 Supplemental Number Two 08/21/07
Second reading of 2006 Supplemental Number Two 09/04/07
First reading of 2007 budget ordinance 09/18/07
Second reading of 2007 budget ordinance 10/02/07
First reading of mil levy certification ordinance 11/20/07
First reading of 2006 Supplemental Number Three 12/04/07
Second reading of mil levy certification ordinance 12/04/07
Second reading of 2006 Supplemental Number Three 12/18/06
Mil levy certification deadline to Eagle County 12/15/07
Budget book submission (to State) 01/31/08
06/29/07
07/27/07
Attachment A
VAIL TOWN CHARTER
Section 8.3 -Planning Commission:
There shall be established a seven (7) member planning commission appointed by the
council. Members of the planning commission shall be residents of the Town of Vail and
registered electors. The terms of appointment to the planning commission shall be two (2)
years on an overlapping basis.
Section 8.4 -Environmental Commission:
There shall be established an environmental commission appointed by the council. Its
functions shall be defined by ordinance and include but not be limited to aesthetic, architec-
tural, environmental and ecological coordination and planning relating to the enhancement
and the preservation of the quality of life.
Section 8.5 -Vacancies:
Whenever a vacancy occurs on any board or commission, the council shall cause public
notice of such vacancy to be made and encourage qualified volunteers to seek appointment to
such board or commission. The council shall then make appointments to fill such vacancies.
Section 8.6 -Right To Establish:
In addition to those boards and commissions heretofor created by ordinance, council
shall have the power and authority to create boards and commissions, including advisory and
appeal boards. All permanent boards and commissions, including advisory and appeal boards,
_, shall be created by ordinance, which shall set forth the number and qualifications of members
including residency requirements, if any, and the powers and duties delegated to such boards
and commissions. Initial appointments by the council to any board or commissions shall
specify the terms of office of its members in order to achieve overlapping. tenure. All mem-
bers, however, shall be subject to removal by the council. Each board and commission shall
elect its own chairman and vice-chairman from among its members. Each board and
commission shall operate in accordance with its own rules of procedure and its meetings shall
be open to the public. Any board or commission created under this article which is not
required by statute or this Charter may be abolished by the council.
ARTICLE IX
TOWN FINANCES
Section 9.1 -Fiscal Year:
The fiscal year of the town shall commence on the first day of January or on such date
each year as shall be fixed by the council.
Section 9.2 -Provision For Tax System:
The council may by ordinance provide a system for the assessment, levy and collection
of all town taxes, not inconsistent with this Charter.
~~Q~-~1,-~n.Qn.t
VAIL TOWN CHARTER
Section 9.9 -Public Records:
Copies of the budget and the capital program as adopted shall be public records and
shall be made available to the public in the municipal building.
Section 9.10 -Amendments After Adoption:
(a) Supplemental Appropriations. lf, during the fiscal year, the manager certifies that
there are available for appropriation revenues in excess of those estimated in the budget, the
council by ordinance may make supplemental appropriations for the year up to the amount of
such excess.
(b) Emergency Appropriations. To meet a public emergency affecting life, health,
property or the public peace, the council may make emergency appropriations. Such
appropriations may be made by emergency ordinance in accordance with provisions of
Section 4.11. To the extent that there are no available unappropriated revenues to meet such
appropriations, the council may by emergency ordinance authorize the issuance of emergency
notes, which may be renewed from time to time, but the emergency notes and renewals of
any fiscal year will be paid no later than the last day of the fiscal year next succeeding that in
which the emergency appropriation was made.
(c) Reduction Of Appropriation. If, at any time during the fiscal year, it appears probable
to the manager that the revenues available will be insufficient to meet the amount appropriat-
ed, he shall report to the council without delay, indicating the estimated amount of deficit, any
remedial action taken by him and his recommendation as to any other steps to be taken. The
council shall then take such further action as it deems necessary to prevent or minimize any
deficit and for that purpose it may by ordinance reduce one or more appropriations.
(d) Transfer of Appropriations. Any time during the fiscal year, the manager may transfer
part or all of any unencumbered appropriation balance among programs within a department,
office, agency and, upon written request of the manager, the council may by resolution
transfer part or all of any unencumbered appropriation balance from one department, office,
agency, or object to another.
(e) Limitation; Effective Date. No appropriation for debt. service may be reduced or
transferred, and no appropriation may be reduced below any amount required by law to be
appropriated or by .more than the amount of the unencumbered balance thereof. The
supplemental and emergency appropriations and reduction or transfer of appropriations
authorized by this Section may be made effective immediately upon adoption.
Section 9.11 -Independent Audit:
An independent audit shall be made of all town accounts at least annually and more
frequently if deemed necessary by the council. Such audit shall be made by certified public
accountants selected by the council who shall complete the audit within four (4) months time
of the close of the fiscal year. Copies of such audit shall be made available for public
inspection at the municipal building.
Budgeting Process
The process of reviewing and adopting the budget is one of the most important activities the Town
Council performs. The budget serves as a financial guide for decisions about community goals,
priorities, service levels, and the basic allocation of town resources. The budget process strives to
focus attention on community goals, balances the demands of the local economy and tourism
sector, and provides a sound and stable financial plan.
Pursuant to Article IX of the Charter, the Town Manager is responsible for preparing and
submitting an annual budget and accompanying message to the Town Council. The budget is to
provide a complete fmancial plan of all town funds and activities. In addition, the Town Manager
must prepare and submit to Council along-range capital program. Such capital program is
submitted to Council at least two weeks prior to the submission of the budget. The Council holds a
number of work sessions beginning as early as May to review various components of the Town's
budget. The Town Manager delivers the budget proposal to the Town Council sometime between
September and November.
A public hearing on the budget and the long-range capital program is held not less than 30 days
before the close of the fiscal year. The Council adopts the budget at the public hearing, with or
without amendments.
During the fiscal year the Council may make changes to the budget up until December 31, at its
discretion. It may not. delete or decrease expenditures required by law or for debt service or for any
estimated cash deficit. Adoption of the budget by the Council constitutes appropriation of the
amounts therein for use in the following year. The Town Council formally adopted the 2007
budget for all funds in December of 2006. All appropriations are effective January 1, 2007.
BUDGET CHANGES
The Town is authorized by its Charter to make supplemental .appropriations and emergency
appropriations by ordinance throughout the fiscal year. The Charter also authorizes reductions of
appropriations in the event it appears that revenue will be insufficient to meet any appropriated
amount. The Charter also authorizes transfers of appropriations. The Town Manager may transfer
part or all of any unencumbered appropriation balance among programs within a department,
agency or office; or, upon written request of the Town Manager, the Council may transfer part or
all of any unencumbered appropriation balance from one department, office, agency, or object to
another by a resolution of the Council. Other supplemental appropriations may be made throughout
the year as needed.
At least two supplemental appropriations are made a year. The first supplemental is in the spring
to address roll .forwards on unfinished projects. The second is in the fall to address unforeseen
items.
BUDGET BASIS
Annual budgets for governmental funds (General, Special Revenue and Debt Service) are prepared
separately using the modified accrual basis of accounting. Modified accrual accounting means that
revenues are recognized in the accounting period in which they become available and measurable,
and expenditures are recognized in the accounting period when. a liability is incurred, if
measurable, except for unmatured interest on long-term debt, which is recognized when due.
Annual budgets are also adopted for all Internal Service and Enterprise funds. The basis used to
budget these funds is also a modified accrual basis of accounting, which includes capital
Attachment C
Budgeting Process
expenditures and current debt service principal payments, and excludes depreciation, amortization,
and adjustments for accrued compensated absences.
FUND ACCOUNTING SYSTEM AND FUND SUMMARY
The Town of Vail Budget is presented by fund. A fund is an accounting entity that has a set of
self-balancing accounts that records all financial transactions for specific activities or governmental
functions. Fund expenditures are divided into departments or projects, with departments .then
divided into divisions for budgetary control. Programs include specific services the town is
providing.
Because of the legal requirements of state statutes, the Town of Vail Charter, generally accepted
accounting principles (GAAP), and Council policy, the town is required to use fund accounting in
..its fmancial reporting. Fund accounting is a concept developed primarily from the legislative
requirements of appropriation and the legal requirements of segregating revenue sources and
corresponding expenditures. Fund accounting does not necessarily provide financial information in
a form most usable for policy and management decision making.
The following is a brief summary of the various town funds by fund type, purpose, source of
revenue, and expenditures. As you read through this section, you may wish to refer to the Budget
Summaries by Fund section of the budget.
General Fund
This fund is named for the nature of the various revenue sources. They are general, not earmarked,
and can be used for any and all municipal purposes. The Town of Vail General Fund provides for
most on-going municipal services delivered to the community. The primary revenue sources for
the General Fund are the sales, property, and ski lift taxes, franchise fees, fines, intergovernmental
revenue, and various charges for services, permits, and licenses.
Special Revenue Funds
Capital Projects Fund
The purpose of this fund is to account for the portion of the town's sales tax allocated to pay for
capital projects. A portion of the revenue in this fund is used for the annual bonded debt
service payment. After providing for this payment, excess revenue is used for other
acquisitions and major maintenance items of a capital nature.
Real Estate Transfer Tax Fund (RETT)
The purpose of this fund is to account fora 1% tax on the transfer of all real property within
the town limits, as well as the recreation amenities fee and lottery revenue. Expenditures are
specifically restricted to maintaining, acquiring and improving property and equipment for
recreation and. open space purposes. An ordinance expanding the use of the RETT fund to
support sustainable environmental practices was approved by Town Council effective for the
2007 Budget.
Vail Marketing Fund
The purpose of this fund is to account for the collection and use of the business license fee.
Marketing Fund revenue is used to promote the Town of Vail through programs administered
by pass-through agencies such as the Commission on Special Events (CSE) and, in prior years,
the Vail Local Marketing District (VLMD).
Attachment C
Budgeting Process
Conference Center Fund
This fund was established in 2003 to account fora 1.5% public accommodations tax and a .5%
sales tax imposed by election for the purpose of building and operating a conference center.
These taxes were rescinded by election in November of 2005. A TABOR election is required
to release Conference Center funds for any purpose.
Internal Service Funds
Heavy Equipment Fund
This fund's function is to maintain and replace town fleet equipment. Replacement of buses
and fire trucks is excluded from this fund.
Health Insurance Fund
This fund is used to account for the health insurance and short-term disability plans provided
by the town to its employees.
Enterprise Fund
Dispatch Services Fund
This fund was created in 1999 to account for resources used to fund the town's dispatching
center. Besides providing dispatch services for the Town of Vail's public safety departments,
the town provides dispatch services for 11 other agencies in the lower Eagle Valley, including
the Eagle County Sheriff, Avon, Minturn, Eagle, Gypsum and the US Forest Service.
Originally considered an internal services fund, this fund has been reclassified to an enterprise
fund because the majority of its revenue is now received from outside agencies.
Debt Service Fund
This fund accounts for the current bonded debt obligations of the town. Revenue for this
fund is comprised of transfers from other funds and interest earnings.
BUDGET PHILOSOPHIES AND PRACTICES
The budget will reflect the town's vision to be the premier mountain resort community.
Strategic priorities are reviewed and revised periodically. The Town Council has identified the
following areas of strategic focus which are supported by the 2007 budget:
• Facilitate Vail's Redevelopment
• Address Issues Proactively
• Elevate Community Leadership
• Improve Local Economy
• Add to Vail's Appeal as a Great Place to Live, Work, and Play
Revenues will be projected conservatively using analytical processes. Revenue collections will be
reviewed monthly or quarterly, depending on the revenue source, to determine variations from the
budget.
When appropriate, new programs that require additional resources are to be funded by new or
increased revenues or an allocation of resources from an existing program. They are not .funded
from fund balance.
Attachment C
Budgeting Process
Fund balances shall be adequate to cover short-term fluctuations in revenues, emergencies, and
planned future expenditures. It is recommended the General Fund balance be at least 25% of the
budgeted revenues. During the redevelopment years, Town Council has directed a fund balance of
35% of budgeted revenues due to the uncertainty of sales tax revenues and redevelopment costs
while significant construction takes place in the town. The 2007 budget projects a 47.5% fund
balance in the General Fund.
The town will develop afive-year financial projection for all major funds annually.
The town will develop afive-year plan for Capital Projects and RETT annually and complete
capital improvements in accordance with the plan.
Attachment C
MEMORANDUM
TO: Vail Town Council
FROM: Department of Public Works
DATE: June 5, 2007
SUBJECT: Vail Whitewater Park Enhancements
A. BACKGROUND
Project Rational
From the time when the Whitewater Park was constructed in the fall of 2000 there has been
discussion of enhancing the features. However, concerns regarding the 100-yr floodplain
prompted designers to look for an alternative to traditional static whitewater features.
The proposed design uses inflatable rubber bladders attached to an existing .concrete slab
in Gore Creek to manipulate wave shape and size. The system can be controlled to
optimize the feature for variable river flows.
Several sensors are used to automatically adjust the bladders to daily flows or to deflate the
system in the event of abnormally high flows.
Stated plain and simply, because of floodplain concerns, a proposal of this type is the only
possibility for significantly enhancing the recreational experience of the Vail Whitewater Park
in its existing location.
Recent. History
January 2006:
• Staff presented the concept of an "adjustable whitewater feature" to the Town
Council during a work session.
• Staff requested direction of whether or not to proceed with the concept through
the design process.
• An informal show of hands from the Council indicated that staff should proceed
with design work.
July 2006
Staff presented a refined design to the Town Council with a cost estimate of
$ 336,500 for the construction of the park enhancements based on a proposal
from a local contractor.
At the time, the project was delayed. by the U.S. Army Corps of Engineers permit
process
A show of hands from the Council indicated that staff should proceed through
the design and bidding process, however, there was concern from some Council
members regarding the cost and aesthetics of the project.
August 2006
• The Planning and Environmental Commission (PEC) denied the installation of
the adjustable whitewater feature by a vote of 4 to 3 against.
• The Vaii Town Council overturned the PEC decision by a vote of 5 to 2 for.
October 2006
• The Town of Vail received a Nationwide Permit from the US Army Corps of
Engineers to proceed with the project
January -March 2007
• Completion of final design work
• The Vaii Whitewater Park Recreational Enhancements Project was put out to bid
B. PROJECT COSTS AND SUGGESTED ALTERNATIVES
Bid Opening
On April 9, 2007 the Town opened three (3) bids for the construction of the park.
The lowest bid was $ 411,920
Working with the lowest bidder, staff has provided four alternatives and a recommendation
for proceeding with the project if the Town Council is so inclined.
The Bid Design
As bid, the project includes the following:
• Installation of eight (8) inflatable bladders. This is an increase from the 2006 design of
only six (6) bladders. These were added for additional adjustment options
• The bladders are operated by two compressors and fed by stainless steel airlines
• The bladder system can be controlled by a computer program to inflate and deflate at
certain times of the day
• The computer is operated by a touch screen panel and allows for multiple programs
depending on flow rates and user types.
• It will take one or two seasons of "fine tuning" and then the system should operate
automatically on a day to day and hour to hour basis without staff input
• The system reads the water level using an `ultrasonic transducer' and the inflation of
the bladders is automatically adjusted to variable water conditions and flows
• Each bladder is individually adjustable for maximum control
• There is a high water override which will deflate the bladders in the event of
unanticipated higher than normal flows
Alternative A -Bid Design w/minor value engineering
This option includes minor deductions for some simple alterations.
Construction: $ 394,000
Contingency: $ 39,000
Engineering: $ 6,000
Total $ 439,000
Alternative B -Scope Reductions
This option recommends some significant changes to the construction of the project with
only minor changes to the functionality of the project.
• Only six (6) bladders vs, eight (8) that were bid (Still installs airlines for 8 bladders for
future expansion if needed)
• Substitute polyethylene airlines for stainless steel airlines
• New airline material allows easier routing
• Two upstream bladders share a valve
Construction: $ 337,000
Contingency: $ .33,000
Engineering: $ 6,000
Total: $ 376,000
Alternative C -Additional Scope Reductions
This option deletes the computer system, therefore requiring manual operation. However,
the computer can be added at any time in the future.
Construction: $ 323,000
Contingency: $ 32,000
Engineering: $ 6,000.
Total $ 361, 000
Alternative D -Cancel the project
This option would only require finalization of some design bills, all well within the existing
whitewater park budget.
Recommendation
If the Town Council is inclined to proceed with the project, staff recommends Alternative B.
• Alternative B offers essentially the same adjustability and control as Alternative A at a
cost reduction of $ 63,000.
• Alternative C saves an additional $ 15,000 and allows for the future addition of the
computer control system.
• Alternative D would return approximately $ 170,000 of the existing Whitewater Park
budget to the RETT account.
July 2006 Proiect Estimate
In summer of 2006, staff received a proposal from a local contractor to construct the project.
A comparison of the 2006 and current proposal is as follows:
July 2006 Alternative B
Construction Bid $ 290,000. $ 337,000
Contingency I $ 44,000 ~ $ 33,000
Construction Total 2 334 000 370 000
Engineering 3 $ 2,500 $ 6,000
Project Total z $ 336,500 $ 376,000
1 The contingency estimate was reduced from 15% in 2006 to 10% in 2007. This was due to
finalizing all portions of the design and the construction process. There were still several
"unknowns" when the 2006 proposal was completed.
a When comparing the Construction Total for 2006 vs. 2007, there is a $ 36,000 increase
or approximately 11 %. The Project Total increased $ 39,500 or about 12%.
3 When comparing the remaining engineering expenses, the 2006 proposal was an estimate
based on the original Whitewater Park Improvements proposal from 2005. The 2007
estimate of $ 6,000 is based on a revised proposal dated May 2007.
In general, the scope of the project changed only slightly between 2006 and the
recommended Alternative B. The changes are as follows:
• Addition of airlines and anchor bolts for 2 additional future bladders
• Improved control vault design
• Changed air supply line material from stainless steel to plastic hosing
• The two upstream bladders now share a valve
C. SCHEDULE AND BUDGET
Schedule
If approved and awarded, fabrication of the system components would begin in early July.
Installation would occur during September 2007, and the system would be fully operational
for the spring of 2008.
Budget
Alternative B $ 376,000
Existing Budget <$ 170,000>
Additional Funding $ 206,000
The future of this project has always been uncertain. Therefore, an accurate budget was
never included in the annual RETT budget. If the project is to be funded and constructed
this fall, funding would need to be included in the next Supplemental Request.
D. ACTION REQUESTED BY COUNCIL
Staff is requesting a discussion with the Council to determine whether or not to proceed with
construction of the project.
If the project is to proceed, staff will return to Council at the June 19th. evening meeting to
request approval of a final budget and to award the construction contract.
This two week interval will also allow staff to make any necessary changes or to provide
additional information if needed.
It is important that a final decision is made on June 19th if the project is to be constructed in
2007 so that contracts can be finalized and fabrication can begin by the first week in July.
E. ATTACHMENTS
Appendix A -Additional Project Details
Appendix B -Costs to Date
Appendix C -Pros and Cons
Appendix D -Photos and Diagrams
APPENDIX A - Project Details
A. 100-Year Floodplain
• Installing permanent boulder features that improve the whitewater recreation experience of the
park will raise the 100-Year Floodplain elevation.
• That increase could impact adjacent property.
• Installation of inflatable bladders allows the feature to "disappear" during high flows, thus
eliminating the increase in floodplain elevation.
B. Success
• Basic hydraulic engineering supports the concept of focusing the flow. In addition, the general
idea has been successfully tested in this location during the Teva Games in 2003.
• The engineering concept behind this feature is to increase the velocity of flow across the
existing concrete slab, up to 25 percent for recreational flows.
• The new technology behind today's freestyle kayaks is termed a "planing hull". Planing hulls
have a flat bottom, and when the boat is given some speed, the hull skims to the surface,
allowing the boat to spin and the paddler to perform tricks.
• Therefore, by increasing the velocity in this feature, the recreational experience for Vail's park
is greatly enhanced.
• In addition, because of the adjustability of the proposal, the whitewater feature can advance
with the sport.
C. Safet
• The original proposal had steel plates attached to the top of each bladder. The purpose was to
create a more seamless diversion feature.
• After further study, it was determined that the steel plates were no longer necessary and have
been removed with the exception of two.
• The two center bladders on the downstream edge will have narrow steel plates to enhance the
adjustability of the wave. However, these plates will have rounded corners. In addition, they
will be in the deepest part of the channel so potential contact is minimal. There are no edges
to get hooked on and no corners to impact.
• From a liability standpoint, the Town Attorney feels there is no significant difference between
this proposal and the general hazards inherent to whitewater activities or other use of the river.
D. Aesthetics
• The bladders would be attached to the existing concrete slab and, for the most part, located
beneath the pedestrian bridge. They will be black in color and would likely be covered in algae
as is the concrete slab.
• When deflated, they will be visually insignificant. They would create ripples during the low
flows of the late fall and winter months.
• When inflated, the bladders would be submerged during high water. During lower flows in July
and August, when the park is in operation, the outer bladders would be visible above the water.
• The bladders will always be deflated at night.
E. Operations
• Staff is recommending the formation of a whitewater park "operating committee" comprised of
local boaters, fishermen, business owners, etc. as well as a Town staff member to establish
the operating guidelines and to program the system. This was successful when the park was
first constructed and many of the same members have expressed interest again.
• Programming the system would be a "trial and error" process and would take a season or two
to fine-tune.
• The proposal includes an upstream sensor that would deflate the system automatically in the
event of potentially damaging floodwaters.
APPENDIX B -Costs to Date
1. $ 41,000 Amount spent to date on engineering and associated costs for the inflatable
bladder concept
2. ~ 250.000 Amount invested to date on design and construction of the Vail Whitewater Park
since 2000.
APPENDIX C -Pros and Cons
Arguments For...
• This proposal is the only option for significant enhancement of the park because of concerns about
raising the 100-Year Floodplain and impacting adjacent property
• Recognizes Vail's recreation-based economy and the Vail traditions of innovation and excellence
• With the construction of the Avon Whitewater Park and other parks across the country, this feature
may ensure the continuation of the Teva Games in Vail
• Adjustable nature of bladders allows variation of wave shape and size
• Low maintenance costs once installed vs. natural boulder features.
• High visibility for locals and guests
• May return Vail's park to "destination" status
• Can adjust the wave for scheduled "expert" or "amateur" competitions and lessons
Arguments Against...
• As with natural boulder features, there is no guarantee of "the perfect Whitewater feature".
• Expense: substantial cost with no guarantee. However, this also applies to natural boulder features.
• During low flows, the bladders will be visible on the existing concrete slab and will create small ripples
across the slab. The total deflated height will be around 3", roughly the same depth as low flows.
• The addition of made-made elements into a natural stream
APPENDIX D -Photos and Diagrams
Diagram of existing flow pattern
Flow pattern with inflated bladders
. ~ _ i ,;
~~ ~~
_ i"' ~ I~-
During low flow in March of 2007 (~40 cfs)
Mid level flow of late May 2007 (-500 cfs)
Cut-away diagram of
inflatable bladder system
~~
.:;;
,_,
- ,
_. ~~
~.
_ _ _
-_ - ~ __
~_~~
:..
., _ _ 4 _ - -
Example of deflated and inflated
bladder system (left and below)
ORDINANCE NO. 16
Series of 2007
AN ORDINANCE TO PROHIBIT THE POSSESSION, SALE OR USE. OF FIREWORKS WITHIN THE
TOWN OF VAIL; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), 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 of the Town (the "Council") have been duly elected
and qualified; and
WHEREAS, pursuant to C.R.S. §12-28-107, the Town is authorized to adopt an ordinance
establishing prohibitions upon the sale, use, and possession of fireworks, includin
as defined in C.R.S. § 12-28-10.1, within the corporate limits of the town; and g permissible fireworks"
WHEREAS, the Council has determined that prohibiting the possession, sale and use of fireworks
within the Town of Vail is necessary to protect the health and welfare of the residents and guests of the
Town of Vail, Eagle County, and the State of Colorado.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO:
Section 1.
Title 5, Vail Town Code, is here by amended by the addition of the following Chapter 10 "Fireworks," to
read as follows:
CHAPTER 10
FIREWORKS
5-10-1: DEFINITIONS
5-10-2: PROHIBITED ACTS
5-10-3: PERMITS FOR DISPLAY
5-10-4: INSURANCE AND BONDING
5-10-5: SEIZURE OF FIREWORKS
5-10-6 FIRE HAZARD DECLARATION
5-10-7: PENALTY
5-10-1: DEFINITIONS: The following words and phrases, as used in this Chapter, shall have the
following meanings:
FIREWORKS: Any combustible or explosive composition, article, device, substance or combination of
substances, prepared for the primary purpose of producing a visual or auditory sensation by combustion,
explosion, deflagration or detonation, including, without limitation, the following articles and devices
commonly known and used as fireworks: toy cannons or toy canes in which explosives are used to propel
the same, firecrackers, torpedoes, skyrockets, rockets, Roman candles, day-gfo bombs, torches, bottle
rockets or other devices of like construction and any devices containing any explosive or flammable
compound, or any tablets or device containing any explosive substances.
"Fireworks" shall not include: Toy caps which do not contain more than twenty-five hundredths (25/100) of
a gram of explosive compound per cap, Sparklers, toy smoke devices, trick matches, cigarettes loads, trick
Ordinance No. 16, Series of 2007 ,
,~
noise makers, novelty auto alarms, highway flares, railway fuses, ship distress signals, smoke candles and
other emergency signal devices.
MANUFACTURER: Any person who manufactures, makes, constructs or produces any. fireworks article or
device.
RETAILER: Any person who sells, delivers, consigns or furnishes fireworks to another person not for
resale.
WHOLESALER: Any person who sells, delivers, consigns, gives or in any way furnishes fireworks to a
retailer for resale.
PYROTECHNIC SPECIAL EFFECTS MATERIAL: shall mean a low explosive material, other than
detonating cord, commonly used in motion picture, television, theatrical or group entertainment
productions.
5-10-2: PROHIBITED ACTS: It shall be unlawful for any person within the Town of Vail to sell,
offer for sale, or possess with intent to offer for sale, or to use or explode any fireworks or pyrotechnic
special effects material, except as provided in Section 5-10-3 herein. It shall also be unlawful for any
person to violate a Fire Hazard Emergency Declaration as set forth in Section 5-10-6 of this Chapter.
5-10-3: PERMITS FOR DISPLAY:
(A) The Fire Chief shall have the power to grant permits for supervised public fireworks .displays and
pyrotechnic special effects material, and to adopt reasonable rules and regulations for the granting of such
permits. Any organization or public entity may apply for a permit for supervised public displays of fireworks
and pyrotechnic special effects material. Application for a permit shall be made in writing at least fifteen
(15) days in advance of the date of display. Before a permit is granted, the operator and the location and
handling of the display shall be approved, after investigation by the .Fire Chief or his designee and a
determination has been made that the requested display is of such character and so located, discharged
and fired as not to be hazardous to property or endanger any person.
(B) The permit shall be granted only if the Fire Chief finds that the permit application, operator, and
conditions meet the requirements of the Fire Code as adopted by the City in Title XI, Chapter 10, other
requirements of this Code, and other reasonable requirements the Fire Chief deems necessary to protect
the public welfare.
(C) A permit shall not be transferred or assigned.
(D) If the operations of a permittee require additional Town personnel to be assigned to the permitted event
in order to protect the public welfare, the permittee shall pay in advance all labor and equipment costs
associated with the assignment of such additional personnel.
5-10-4: INSURANCE AND BONDING:
(A) No permit for a display of fireworks shall be issued pursuant to Section 5-10-3 until the applicant
furnishes the Town with a certificate of insurance, naming the Town as an additional insured for purposes
of the display, demonstrating the applicant's insurance coverage for liability for physical injury and property
damage in an amount determined by the Town.
(B) A bond may be required of each permittee in a sum not less than one thousand dollars ($1,000.00),
conditioned for the payment of all damages which may be caused either to persons or property by reason
of the licensed display and arising from the acts of the permittee, his/her agents, employees or
subcontractors.
5-10-5: SEIZURE OF FIREWORKS: Any po-ice officer of the Town, or the Fire Chief or his
designee, shall seize, take and remove, at the expense of the violator, all stocks of fireworks or
combustibles offered or exposed for sale, stored or held in violation of this Chapter.
Ordinance No. 16, Series of 2007
5-10-6: FIRE HAZARD DECLARATION: During conditions of extreme fire danger, the Town
Manager and/or Fire Chief shall have the authority to declare a Fire Hazard Emergency. The authority
granted herein shall be in the discretion of the Town Manager and the Fire Chief and shall include the
ability to prohibit the sale, possession and use of any article, device or substance defined as "permissible
fireworks" by the Colorado Revised Statutes as well as those items not included in the definition of
"fireworks" pursuant to this Chapter.
5-10-7: PENALTY: It shall be unlawful for an
violation of an p y person to violate a provision of this Chapter. A
y provision of this Cha ter shall be a criminal offense, punishable by imprisonment or fine, or
both, as provided in Section 1-4-1 of this Code and may also be subject to civil remedies provided by
Colorado law. A separate offense shall be deemed committed upon each day such person is in violation of
this Chapter and for each separate incident within a day. The Court shall consider the issue of restitution
to any victim .suffering personal injury or property damage through the illegal use of fireworks.
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
Council hereby declares it would have passed this Ordinance, and each part, section, subsection, clause
or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, clauses or
phrases be declared invalid.
Section 3.
The 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.
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, this 5th day of June, 2007. A public hearing on this ordinance shall be held at the regular
meeting of the Town Council of the Town of Vail, Colorado, on the 19th day of June, 2007, at 6:00 P.M., in
the Municipal Building of the Town of Vail.
ATTEST:
Lorelei Donaldson, Town Clerk
Rodney E. Slifer, Mayor, Town of Vail
Ordinance No. 16, Series of 2007