Loading...
HomeMy WebLinkAbout2007-08-07 Support Documentation Town Council Evening SessionVAIL TOWN COUNCIL EVENING SESSION AGENDA 6:00 P.M. TUESDAY, AUGUST 7, 2007 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 • ITEMlTOPIC: Citizen Participation. (15 min.) 2• ITEM/TOPIC: Consent Agenda. (5 min.) a. Approval of 07.03.07 and 07.17.07 Minutes. 3• ITEM/TOPIC: Town Manager's Report. (10 min.). • Revenue Update. 4. Tom Allender ITEM/TOPIC: Vail Mountain Master Plan Update and Discussion. (30 min.) 5. Rachel Friede ITEMlTOPIC: Vail 20/20 Strategic Plan Update. (i5 min.) Stan Zemler BACKGROUND: On January 17, 2006, the Town Council approved a scope of work that included soliciting a facilitator to garner community participation and a consultant to assist town staff in drafting a vision and community plan. In February 2006, the town selected Design Workshop as the facilitator and consultant for this project. Beginning in March 2006, staff met with various .stakeholders in the community who provided valuable insight into the process, including the Eagle River Water and Sanitation District, participants in the Vail Tomorrow process and the Vail Village Homeowners Association. The Vail 20/20 process officially began with a meeting of institutional stakeholders on Aug. 3, 2006 at Donovan Pavilion. The stakeholders provided input regarding individual organizational goals, as well as town and regional issues, which concern their organization. On Aug. 22 and 24, 2006 two community workshops were held at Donovan Pavilion to discuss Vail's existing values and Vail's vision for the future with members of the community. On Sept. 19, 2006, staff presented draft values and vision statements to the Town Council and provided an update on the Vail 20/20 process. Town Council provided comments on the drafts and instructed staff to proceed with the Vail 20/20 Strategic Plan process. On Dec. 5, 2006, the Town Council approved a draft set of goals and instructed staff to use those goals as the basis for the Vail 20/20 Strategic Plan. Since December 2006, staff has been drafting the plan based on public and staff input. ACTION REQUESTED OF COUNCIL: Review the Vail 20/20 Strategic Plan and provide comments to town staff for inclusion in final document. Provide input on next steps for Vail 20/20 project completion, which include an open house to be held Thursday, Aug. 16 at Donovan Pavilion from 5 to 7 p.m. to give the community an opportunity to review and provide input on .the proposed document. A final draft of the document will be presented to the Town Council at a meeting no later than its October 16 meeting for final review and adoption. 6. Greg Hall ITEM/TOPIC: Discussion of Seibert Circle. (20 min.) 7. Greg Hall ITEM/TOPIC: Discuss the purchase of six hybrid electric buses from Gillig Corporation. (10 min.) ACTION REQUESTED OF COUNCIL: Approve/ Deny Purchase of six transit buses. BACKGROUND RATIONALE: The Town has acquired permission to purchase six additional 40' low floor hybrid buses from the San Joaquin Regional Transit District. This is the same group from whom we ordered our second low floor hybrid in June. Their contract has an "options" clause that allows the purchase of additional coaches which they can allow other transit agencies to participate in. The price for each coach is $ 515,771, the same price we received in June for a total contract price for the six buses of $3,094,626. The town has secured one Federal Transportation Authority grants (2007) of approx. $432,600 for a net cost to the town of $2,662,026. The six buses that are being replaced are 1996 model years and are the original in-town low floor Neoplan buses. The FTA's minimum life expectancy is 12 years for a bus. These buses will bring the number of in-town hybrid buses up to eight with two more scheduled for replacement in 2011. The delivery of the buses and the expenditure is one year from the contract signing. Future Federal Transit Authority grant funding FY 2008, 2009, and 2010 has been identified by the town for our transit center. The town is expecting somewhere close to $5.6 million over the three year period. While we are receiving dollars for a transit facility, bus replacement grants are not allowed by the Colorado transit Coalition. STAFF RECOMMENDATION: Purchase six transit buses from Gillig Corporation. 8. Greg Hall ITEM/TOPIC: Purchase replacement parking structure gate and fee equipment, and software. (10 min.) ACTION REQUESTED OF COUNCIL: Approve /Deny Purchase of parking gate equipment. BACKGROUND RATIONALE: The parking equipment in the two garages was purchased in 1998. This is only the gate and ticket equipment and not the pay and display equipment. Parking equipment in general in Vail has lasted typically 7-9 years. An eight year replacement would be 2006. The town had anticipated the replacement of the Lionshead parking equipment with the redevelopment of the conference center site. Replacing the Village garage at the same time as all hardware and .software needs to be compatible. Since this vote failed, we then saw a possibility of the replacement of the outdated equipment with the completion of the redevelopment of the Lionshead parking structure if we could wait. Over the past year two things have. become apparent. The final completion of the Lionshead structure is further off than was originally anticipated and this past winter season we had significantly more breakdowns than the winter prior. The breakdowns were of the magnitude where. we had lanes go out for weeks on end waiting for parts and service calls. Currently the parking equipment is budgeted in the capital budget in 2009. We have solicited quotes for replacement. Five proposals were received. A selection committee comprised of parking, finance and IT personnel was formed and the various venders were interviewed and the proposals were rated. Input was also obtained from Open Hospitality's parking consultant. It is staff's recommendation to move ahead the 2009 capital expenditure to 2007 and award the parking equipment contract to DGO/Federal APD for $390,348. Awarding the contract allows for installation and testing to be completed before the winter season. The contract allows the connection of our two outlying lots to be connected to the main control computer. Credit card batching will be significantly updated and be performed on one computer line verses eight. The paper passes will be replaced with cards with micro chips and proximity readers. Vail Resorts is testing limited micro chip passes this year and we could in the future have integrated passes. If we don't replace the equipment until 2009, we will have an increase in the operating budget over the next two years of $25,000-$40,000 each year. The amount of time equipment is down could be weeks like this last winter verses a day or two A final factor is when the Lionshead structure is to be finished in 2013, it will be time for another replacement of parking equipment which the developer currently has in his budget. STAFF RECOMMENDATION: Purchase the parking gate equipment from DGO/Federal APD for $ 90,348.00 and move the capital expenditure from 2009 to 2007. 9. Bill Gibson ITEM/TOPIC: The applicant, Vait Valley Foundation, represented by Morter Architects, is requesting to proceed through the development review process with a proposal to construct an orchestra pit on town- owned land at the Gerald R. Ford Amphitheater located within Ford Park. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve -with modifications, or deny the request to proceed through the development review process. BACKGROUND RATIONALE: It is the desire of the applicant to apply for a design review application to allow for the construction of an orchestra pit at the Gerald R. Ford Amphitheater. The applicant must first obtain Town Council (i.e. property owner) approval before proceeding through the town's development review process. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves the applicant's request to proceed through the development review process. 10. Bill Gibson ITEM/TOPIC: The applicant, Herman Staufer, is requesting to proceed through the development review process with a proposal to construct private improvements on the Town of Vail owned Gore Creek Drive Right-of-Way. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny the request to proceed through the development review process. BACKGROUND RATIONALE: It is the desire of the applicant, Herman Staufer, to apply for an exterior alteration application and a design review application to allow for the construction of two new bay windows at the Pano Jewelry tenant space in the Bell Tower Building at 201 Gore Creek Drive. The proposed bay windows will encroach into the Gore Creek Drive Right-of-Way owned by the Town of Vail. The applicant must first obtain Town Council (i.e. property owner) approval. before proceeding through the Town's development review process. STAFF RECOMMENDATION: The Community Development Department recommends that the Vait Town Council approves the applicant's request to proceed through .the development review process. 11. Bitl Gibson ITEM/7'OPIC: The applicant, Becky Zyman, is requesting to proceed through the development review process with a proposal to construct improvements on Town of Vail owned Tract B, Vail Lionshead Filing 2. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny the request to proceed through the development review process. BACKGROUND RATIONALE: It is the desire of the applicant to apply for a design review application to allow for landscape improvements on a Town of Vail owned Gore Creek stream tract (Tract B, Vait Lionshead Filing 2) adjacent to their residence at 82 West Meadow Drive. The applicant must first obtain Town Council (i.e. property owner) approval before proceeding through the Town's development review process. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves the applicant's request to proceed through the development review process. 12. Judy Camp ITEM/TOPIC: Discussion of Use Tax on Construction Materials. Stan Zemler (30 min.) Matt Mire ACTION REQUESTED OF COUNCIL: Consider a November ballot issue to adopt a construction use tax. .Review draft ballot language and direct staff to return on August 21 with a resolution calling a special election in November, 2007 regarding adoption of the proposed use tax. BACKGROUND RATIONALE: Staff has been asked to explore a construction use tax in response to the ever-widening gap in funding for critical capital needs, particularly as impacted by recent redevelopment. A detailed analysis is included in Council's packet. STAFF RECOMMENDATION: Direct staff to return on August 21 with a resolution calling a special election for November, 2007, and setting the ballot language for the construction use tax question. 13. Warren Campbell ITEMlTOPIC: Second reading of Ordinance No. 21, Series of 2007, an ordinance repealing and re-enacting Ordinance No. 5, Series of 2006, establishing Special Development District No. 39, Crossroads, and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 21, Series of 2007, upon second reading. BACKGROUND RATIONALE: On June 25, 2007, the Town of Vail Planning and Environmental Commission held a public hearing on a request for a major amendment to Special Development District No. 39, Crossroads. The purpose of the major amendment is to increase the maximum allowable number of dwelling units from 75 to 77 dwelling units and to address several. other minor changes, located at 141 and 143 Meadow Drive, and setting forth details in regard thereto. Upon review of the request, the Planning and Environmental Commission voted 5-1-0 (Cleveland apposed) to forward a recommendation of approval of the request to amend Special Development District No. 39, Crossroads, to the Vail Town Council. On July 17, 2007, the Vail Town Council approved Ordinance No. 21, Series of 2007, upon first reading by a vote of 6-1-0 (Foley opposed). STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 21, Series of 2007, on second reading. 14. BiII Gibson ITEM/TOPIC: Second reading of Ordinance No. 22, Series of 2007, an ordinance amending Section 12-2-2, Definitions, and Section 12- 16-7, Use Specific Criteria and Standards, Vail Town Code, to allow for amendments to the regulation of temporary business offices, and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 22, Series of 2007, on second reading. BACKGROUND RATIONALE: On July 17, 2007, the Vail Town Council approved Ordinance No. 22, Series of 2007, on first reading, with modifications, by a vote of 5-2 (Newberry and Logan opposed). The Council's modifications to include text limiting an extension of a temporary business office conditional use permit approval to three years has been integrated into the attached ordinance. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 22, Series of 2007, on second reading. 15. Matt Mire ITEMlTOPIC: Resolution No. 15, Series 2007, A Resolution Approving the Purchase of Land in the Town of Vail, Commonly Known as Parcel No. 210311415019 by the Eagle County Assessor's Office, and .Legally Described as Parcel A, a Resubdivision of Tract D, a Resubdivision of Vail Schone Filing No. 1, Town of Vait, Eagle County, Colorado; and Setting Forth Details in Regard Thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve Resolution No. 15, Series 2007. BACKGROUND RATIONALE: On November 21, 2006, the Town Council passed Resolution No. 22, series 2006, a Resolution authorizing the acquisition of the Wendy's parcel through negotiation or condemnation, if necessary. Through negotiations, the parties have agreed to a purchase price of Two Million Dollars ($2,000,000.00). Resolution No. 15 is necessary to complete the purchase of the above mentioned property. STAFF RECOMMENDATION: Approve Resolution No. 15, Series 2007. 16. Matt Mire ITEMROPIC: Resolution No. 16, Series 2007, A Resolution Adopting the Amendment to Protective Covenants of Vai!/Lionshead, Second Filing, Eagle County, Colorado. (10 min.) ACTION REQUESTED OF COUNCIL: Approve Resolution No. 16, Series 2007.. STAFF RECOMMENDATION: Approve Resolution No. 16, Series 2007. 17. Tom Kassmel ITEM/TOPIC: Resolution No. 17, Series 2007, A Resolution Authorizing the Town of Vail to Enter Into An Intergovernmental Agreement with the State of Colorado to Prepare a Transportation Master Ptan and Access Management Plan for the I-70 Vail Frontage Road in Vail, Colorado; and Setting Forth Details in Regard Thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve Resolution No. 17, Series 2007. BACKGROUND RATIONALE: The Town of Vail has undertaken a revision of the Master Transportation Plan. Specifically, the need is to update the traffic operation characteristics that are being anticipated from the various development and master plan proposals that are currently being discussed. The town, through previous studies of the 1990 Master Transportation Study, the Lionshead Transportation Study and the 2002 Transportation Master Plan update, anticipated a certain amount of additional traffic generated by development. It became obvious that the previous projections would be surpassed if all the projected development was built. The town and CDOT jointly undertook the study to update the traffic projections, understand the impacts of the additional trips and what measures may be necessary and acceptable to mitigate the impacts. CDOT has agreed to cover the entire cost of the study in the amount of $24,000. STAFF RECOMMENDATION: Approve Resolution No. 17, Series 2007. 18. Pam Brandmeyer ITEMlTOPIC: Resolution No. 18, Series 2007, A Resolution Adopting the Town of Vail, Colorado Grievance Procedure Under the Americans with Disability Act; and Setting Forth details in Regard Thereto. ACTION REQUESTED OF COUNCIL; Approve Resolution No. 18, Series 2007. BACKGROUND RATIONALE: The US Department of Justice audited the Town of Vail for compliance with Title II of the Americans with Disabilities Act (ADA) as part of Project Civic Access, an initiative designed to improve access to local government programs and facilities for persons with disabilities. Under an August 2004 Agreement between the USDOJ and the Town of Vail, one of the requirements is to adopt the attached Grievance Procedure, publish the procedure, and post it on the home page of the Town's website. STAFF RECOMMENDATION: Approve Resolution No. 18, Series 2007. 19. ITEM/TOPIC: Adjournment. (9:30 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, AUGUST 21, 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. Vail Town Council Evening Meeting Minutes Tuesday, July 3, 2007 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Rod Slifer. Members present: Rod Slifer, Mayor Greg Moffet Kim Newbury Mark Gordon Kent Logan Farrow Hitt, Mayor Pro-Tem Kevin Foley Staff Members: .Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The. first item on the agenda was Citizen Participation Julie Hansen spoke in support of East Vail noise barriers. She then provided Council with 200 signed petitions that also supported noise barriers in the East Vail area. She then expressed concern that bear proof containers used to serve multi-dwellings are dangerous as the lids are too heavy. Hitt replied he had asked the Vail Daily to write a recent article on the difficulty of using bear resistant containers as currently designed. Roger Bloom spoke about a recent trip to St. Moritz, Switzerland, Vail's sister city, and encouraged Council to enhance/expand relations with them. He also presented a St. Moritz flag and historical photos from a past visit. The second item on the agenda was the Consent Agenda. • Approval of 06.05.07 & 06.19.07 Minutes. Moffet moved to approve the consent agenda with Foley seconding. The motion passed unanimously, 7-0. The third item on the agenda was the Town Manager's Report /Information Update Construction Update. Public Works Director Greg Hall reported Eagle River Water & Sanitation District would begin working on a project on Forest Road immediately after July 4th. "Vail Ptaza Club will continue work on Vail Road...We'll be back in the fall with more construction." • Revenue Update Finance Director Judy Camp reported sales tax collections for the month of May are expected to be $527,088, up $77,805 or 17% from last year. Year-to-date collections through May are expected to be $10.3 million, up 6.2% from the same period last year. For comparison, inflation as measured by the consumer price index was up 2.7% in May compared with the prior year. Construction permit revenue, which can be considered an indicator of redevelopment activity, continues its strong trend with year-to-date construction permit fees of $1.4 million, up 78% from the first half of last year. Year-to- date permit fees include $981,115 from major construction projects: the Arrabelle at Vail Square, Cascade Residences, Forest Place, Four Seasons, Lodge Tower, Lodge at LionsHead, Manor Vail, Mountain View (formerly Apollo Park), Ritz Carlton, Solaris, Vail Plaza Hotel, Westhaven Condominiums and the Willows. Major projects accounted for approximately. 71 % of the fees in 2007 and 67% in 2006. Construction permit fees include building, electrical, mechanical, plumbing and sprinkler permits. Year-to-date RETT collections through June 27, 2007, total $3.0 million compared with $2.7 million for the same time period last year, a 15% increase. Major redevelopment projects including Gore Creek Place, Forest Place, and One Willow Bridge Road contributed $545,400 or 18% of the total in 2007 while no major redevelopment projects closed in the first half of 2006. The fourth item on the agenda was the LionsHead Parking Structure Redevelopment Update. Town Manager Stan Zemler said he would return to Council with a draft development agreement on July 17 (to be discussed in executive session). He then emphasized a public meeting would be scheduled thereafter to ensure ample opportunity for citizen comment on the proposed development. The fourth item on the agenda was the CIRSA Safety Champion Award. Human Resources Director John Power reported the Colorado Risk Sharing Association (CIRSA) had recently named the town's safety program top in the state. The fifth item on the agenda was Matters from Mayor & Council. Farrow Hitt questioned the responsibility of landscape maintenance after a new home is constructed. Community Development Director George Ruther stated he would follow up on enforcement issues. Hitt then expressed concern that construction staging areas are not being adequately policed. "I would like to see more follow-up on construction staging zones." He also noted construction-related traffic backups on the interstate have been challenging for a lot of people in West Vail. Kevin Foley stated the Eagle County Transportation Authority Board had a meeting on June 21 at Donovan Pavilion and noted the windows in the building needed to be cleaned. He then suggested a fence surrounding the playground at Bighorn Park be constructed. Foley also noted there were recent parking issues at the athletic field off Vail Valley Drive during a volleyball tournament and the Next-Bus service has not been working satisfactorily. He finished his comments by questioning whether the Vail Recreation District Master Plan would have any immediate capital financing impacts on the town. Zemler responded that planning efforts were very preliminary. Mark Gordon announced he had recently attended an Eagle County elected officials breakfast. He said the group continues to work on acceptable land use legislation. "There is a common misconception that no one lives in Vail." He then said he had recently attended the annual Colorado Municipal League annual conference in Snowmass Village and found the sessions quite informational. Kent Logan asked when the next Vail 20/20 update would be provided. Zemler committed to providing an update on August 7. Community Information Officer Suzanne Silverthorn said a recently created forest health brochure would be mailed out to all Vail addresses in the near future and that a condensed version was being published as a full page ad in the Vail Daily throughout the week. Representing the Vail Village Homeowners Association, Jim Lamont asked that emergency evacuation information, specific to each Vail neighborhood, be provided to all Vail residents. The sixth item on the agenda was the Planning and Environmental Commission (PEC) /Design Review Board (DRB) Update. During a review of the most recent meetings of the PEC .and DRB, Chief of Planning Warren Campbell answered questions regarding the latest proposals to go before the two boards. Slifer clarified the proposed Ever Vail development would be brought before Council in the near future. For more information, contact Campbell at 479-2148. --Update on Colorado Ski Museum funding .request for DIA exhibit Economic Development Manager Kelli McDonald explained the Vail Local Marketing District Advisory Council would review a proposal from the Colorado Ski Museum for a sponsorship of the Denver International Airport exhibit and make a recommendation on funding at an August meeting. For details, contact McDonald at 479-2453. The seventh item on the agenda was the The Willows Public Art Obligation. Art in Public Places (AIPP) Coordinator Leslie Fordham reported The Willows, a Special Development District (SDD), has been required to mitigate the impact of development by providing public art within or close to their building. Council set the public art obligation at $70,000. The developer partially satisfied the requirement with a contribution to help fund a new fountain for Seibert Circle. This reduced the public art obligation to $50,000. Triumph Development believes the community would benefit if the remaining funds were used for an art series that would take place over the course of a year. Cultural arts organizations often offer lecture or film series. A Vail art series could include lectures about art, workshops, art exhibitions, demonstrations, films or an artist in residence program. AIPP would be responsible for developing and implementing the art series. To ensure the success of the program, Triumph Development will donate an additional $50,000 to AIPP for the art series. The program would be named the Triumph Art Series. AIPP board members were in favor of initiating a public art series and believe that use of funds for this purpose will provide a benefit equal to building public art on the development site. Newbury expressed concern noting the art obligation was intended to mitigate the actual Willows Building with the addition of .public art. Gordon spoke in support of the proposal. Logan explained, "It's a practical problem...With $50,000 you can't buy much these days." Hitt asked how much artistic content $100,000 would buy. Fordham replied the AIPP board .would research .the issue and return with a recommendation maximizing the effectiveness of the funding. Slifer said, "Without a plan I would feel uncomfortable about making a decision tonight." Hitt moved to approve the request conditional upon AIPP's return request with Hitt seconding. The motion passed 6-1, Newbury opposed. Funding remains subject to Council approval. The eighth item on the agenda was the first Reading of Ordinance No. 19. An Ordinance for the Vacation and Termination of Certain Existing Public Utility Easements within Lot 2, West Day Subdivision. As part of the approved project on Lot 2, West Day Subdivision, certain platted utility easements and utilities lying within Lot 2, are being replaced and/or reconfigured at other locations in connection with the West Day Development, and new easements have been granted or are in the process of being granted. Due to a predetermined conflict of interest (Vail Resorts affiliation) Slifer and Gordon recused themselves from the item. Moffet moved to approve the ordinance with Newbury seconding. Moffet asked when a comprehensive discussion would be had regarding all of the Vail Resorts projects. "1 am concerned we have a lot going on and have serious concerns about approving this on second reading." Logan said, "I think this is in a sense a fair warning...The message is consistent and no one should be surprised (Vail Resorts was asked to provide a comprehensive overview of how it will meet its development obligations)." Representing Vail Resorts Development Company, Jay Peterson asked that this project be separated from the Ever Vail proposal. The motion passed unanimously, 5-0. The ninth item on the agenda was the Second reading of Ordinance No. 17, Series of 2007, an ordinance amending the Official Zoning Map for the Town of Vail in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map; Rezoning Lots C1 - C5, Lions Ridge 1St Filing from Special Development District No. 10 (Timber Ridge Village Apartments) to Housing (H) district. Ruther explained that on June 11, 2007, the PEC held a public hearing on the request to amend the Official Zoning Map of the Town of Vail. Upon consideration of the request, the Commission approved (7-0-0) a motion recommending approval of the rezoning request to the Vail Town Council. On June 19, 2007, Council approved Ordinance No. 17, Series of 2007, on first reading. In doing so, however, the Town Council members asked staff to prepare a text amendment application to discuss the parking requirements in the housing zone district. Moffet moved to approve the ordinance with Gordon seconding. Moffet clarified parking leniency was available through this zone district. Foley urged caution that the development may require additional bus service. The motion passed unanimously, 7-0. The tenth item on the agenda was Resolution No. 14, Series 2007, A Resolution Approving the Purchase of Property in the Town of Vail, Legally Described as Vail East Lodging #7-U, Building #5 Eagle County, Colorado with a .Physical Address of 4093 Spruce Way # 36, Vail, Colorado Mire explained the Town of Vail purchased Vail East Lodging #36 on June 29, 2007. This unit will be used as a rental for employees of the Town of Vail. Town Council approved the supplemental appropriation for this purchase on May 1, 2007. Moffet moved to approve the resolution with Newbury seconding. Mire clarified the resolution was largely procedural. The motion passed unanimously, 6-0. Hitt was not in the room at the time of the vote. The eleventh item on the agenda was Adjournment Moffet moved to adjourn with Newbury seconding at approximately 7:00 p.m. The motion passed unanimously, 7-0. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher. Vail Town Council Evening Meeting Minutes Tuesday, July 17, 2007 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Rod Slifer.. Members present: Rod Slifer, Mayor Greg Moffet Kim Newbury Mark Gordon Kent Logan Farrow Hitt, Mayor Pro-Tem Kevin Foley Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation Local resident Diva May, a new American citizen, encouraged. Council to continue to battle the pine beetle infestation with whatever techniques are at the town's disposal. She also expressed concerns about the volume of air-pollution being created by construction vehicles and expressed her support for additional recycling efforts. Stephen Connelly shared an idea to improve efficiency in distributing town information. In the case of a recently produced forest health brochure, Connelly suggested sending a postcard notification to households with instructions on how the pamphlet could be downloaded from a web as well as information on requesting the pamphlet via mail, as opposed to a bulk mailing of the information to Vail households. Connelly said he was disappointed to see that numerous recipients of the mailing had thrown their copies in the trash at the Vail post office. Kaye Ferry of the Vail Chamber & Business Association questioned the town's closing of the Vail Village Visitor Information Center facility for a day earlier in the month to accommodate a roofing project. Ferry said the closure should not have taken place during the busy summer tourist season. She then expressed concern about the Rucksack building redevelopment possibly occurring during Thanksgiving and Christmas. The second item on the agenda was the Town Manager's Report. Stan Zemler reported there would be an intentional power disruption at Town Hall on July 18, between 10 a.m. and 1 p.m. The disruption is an effort to test the town's backup electrical generation system that would power the 911 Call Center in the event of a natural disaster or other emergency. He then reported progress was taking place in organizing a process to involve the business community in developing options for a dispersed loading and delivery system in Vail Village. When asked how long the public input process would take, Zemler responded, "It will take as long as it needs to take...We'il take the time it takes to get it right." A 17-member working group has been formed to help develop options. Zemler said the group will hold its first organizational meeting from 11 a.m. to 1 p.m. July 19 in the Vail Transportation Center conference room next to the Visitor Information Center. The meeting is open to anyone interested in attending. Zemler then stated he was open to any suggestions residents/business owners might have in regard to the Fourth of July parade and its movement through the LionsHead area. He then apologized for any inconvenience created by Village Parking Structure re- roofing and commended the staff for recovering quickly by setting up an outdoor visitor information center near the Covered Bridge for the remainder of the closure. The third item on the agenda was the 2007 Community Survey Results Community Information Officer Suzanne Silverthorn stated the town's biennial community survey had been conducted earlier this year in which a random sampling of 400 households received telephone calls during atwo-week period between March 26 and April 14. Responses were obtained from 300 year-round residents and 100 part-time residents. Chris Cares, from the research firm RRC Associates, presented the key findings. Respondents identified employee housing, development, protection of environmental resources, addressing the pine beetle infestation and providing adequate and safe parking for peak visitor periods as the top issues important to Vail's future. In addition, nearly twice as many people who were surveyed said the town is going in the "right direction" than those who said the town has "gotten off on the wrong track." Because the survey is comparable to previous efforts, it is possible to make direct comparisons from year to year to identify shifts and trends, according to Chris Cares. For example, respondents were .asked to identify the "two biggest issues" facing the town. This year, housing was the most identified issue in an open-ended question, with 21 percent of overall respondents mentioning affordable or employee housing as one of the top two issues, an increase from 10 percent of respondents who had mentioned it in 2005. The topic of "development" (which included "overbuilding" and "overcrowding") was the next most mentioned with 18 percent of responses, up from 7 percent in 2005. Parking was the next most mentioned this year at 13 percent, down from 21 percent in 2005. While both full-time and part-time residents identified housing as the top issue, there were differences of opinion throughout the response groups about what should be done to address the problem, Cares said. In general, most respondents said they. supported direct action by the town to provide workforce housing. In contrast, when the survey was last fielded in 2005, parking had surfaced as the top priority and was identified by twice as many respondents as any other issue. Cares says the data suggest the perceptions of community issues can change from year to year. "This question elicits top-of-mind responses," said Cares. "It's not only what citizens are thinking about,. but also what they're hearing and reading about. This year, with the heavy emphasis on housing issues by the Town Council and in the media, it was obvious that this topic was on peoples' minds." Similarly, the large amount of new development was clearly identified as an issue by a large segment of the community, according to Cares. In addition to the open-ended question, the 2007 survey also asked respondents to evaluate a list of 10 topics important to Vail's future. In this case, "environmental protection" received the highest score with a rating of 4.3 on a 5.0 scale, with 5 being "extremely important." Next highest was the category of "addressing the pine beetle infestation" which received a 4.1 score, with most respondents, 71 percent, also suggesting the town place a high priority on "enforcement of requirements for private property owners to remove dead beetle-infested trees." As in previous surveys, parking also topped the priority list with a ranking of 4.0. The remainder of the prioritized issues and their rankings for 2007 are as follows: • Facilitating a range of workforce housing opportunities for those who work in Vail, 3.8 • Construction and/or maintenance of public infrastructure, 3.8 • Sustaining year-round tourism in Vail, 3.8 • Improving recreational facilities such as parks, trails and bike paths, 3.5 • Improving fire response times and firefighting capabilities, 3.4 • Improving various modes of transportation in and around Vail, 3.4 • Growth and development,. 3.4 In this instance, housing was rated lower than in the open-ended response. According to Cares, this is, in part, because while housing was found to be important to many people (65 percent called it a 4 or 5 in importance) there is also a significant segment that gave it a relatively low importance ranking (18 percent rated it 1 or 2). Similar splits occurred in the "growth and development" category, according to Cares. This is in contrast to the environmental question where almost 82 percent called it "important/very important." In rating their satisfaction with a variety of municipal services with 5 being "very satisfied," the highest scores were given to the following categories: • Dependability of bus service, 4.4 • Courtesy and helpfulness of firefighters and fire prevention staff,4.4 • Parking availability during summer periods, 4.4 • Response times to basic medical emergencies and fires, 4.3 • Snow removal on roads, 4.3 • Overall feeling of safety and security, 4.3 • Frequency of the in-town shuttle, 4.3 The lowest score was given to parking availability during winter periods with a rating of 2.4. Satisfaction ratings with town staff, Town Council, DRB and PEC ranged from 3.5 to 2.7, showing slight declines from 2005. The survey results indicate that attitudes toward town government and the direction of the community are generally positive in 2007; however there were some notable declines from. 2005, according to Cares. For example, when asked if the town is on the "right track," 58 percent responded favorably (down from 70 percent in 2005 but similar to the 57 percent obtained in 2003), with 30 percent saying "wrong track," up from 19 percent in 2005 and similar to the 28 percent rating in 2003. In a question first asked in 2005, respondents were asked, `Thinking about the vision for the new Vail, and all the improvements that are occurring, how would you describe your attitude?" In 2007, about 32 percent of respondents said they were "very excited" with 23 percent "not excited." This is in contrast to 2005 when 47 percent (almost half) were "very excited" and only ten percent "not excited." On a more positive note, of the respondents who indicated they were "very excited" about the vision for the new Vail, many cited the development and revitalization in the Village as a positive and important aspect to the town's future, Cares said. In evaluating the shifts in attitudes and priorities this year, Cares said he noted a distinct pattern that can be explained largely by length of time respondents have lived in or owned property in Vail. Long-time. residents who have lived in Vail for 15 years or longer, by and large, were generally more negative about the direction of Vail than those who have lived in or owned property. in Vail fewer than five years. Additionally, as in past surveys, part-time residents - . continued to generally be more positive than full-time residents in virtually all categories of questions that involved ratings. "Clearly, Vail serves multiple stakeholder groups who have different wants and needs and their ratings reflect some of these differences," said Cares. The survey also measured "sense of community" in a question identical to past years. The results suggest that feelings about community have returned to the levels measured in 2003 with about 14 percent saying it has "improved." In 2007 more respondents said the sense of community has "gotten worse" (36 percent) than in 2005 (21 percent), with opinions once again similar to 2003. When asked to rank potential recreation facility improvements, respondents gave the highest priority to a recreation center/gymnasium/aquatics facility with a 3.4 score with 5 being "extremely important," followed by reconfiguration and renovation of Ford Park at 3.1. The list also included: • Dobson Ice Arena remodel and upgrade, 3.0 • Vail Golf Club Clubhouse remodel, 2.8 • Permanent skateboard park, 2.5 An Internet and mailback version of the phone survey was also made available to the public. It resulted in 59 responses which were tabulated and reported separately from the phone survey in order to maintain the direct comparability to past studies. Logan clarified the results were typical of a community experiencing redevelopment and growth issues. Gordon noted the survey results may have been a bit skewed by the large number of longer term residents who participated, due in part to the absence of a representative sample of newer residents. This may have been due to the growing use of cell phones by the newer residents. Only land lines are permitted to be solicited during telephone surveys. Cares and Silverthorn conceded that in the future different polling methods would have to be utilized. Hitt said he believed some people may be dissatisfied with development because they haven't seen the finished version of many of projects going up around town. He encouraged people to run for Town Council in November and help the community continue to improve. The fourth item on the agenda was the First reading of Ordinance No. 22, Series of 2007, an ordinance amending Section 12-2-2, Definitions, and Section 12-16-7, Use Specific Criteria and Standards, Vail Town Code, to allow for amendments to the regulation of temporary business offices. Senior Planner Bill Gibson reported that on July 9, 2007, the PEC forwarded a recommendation of approval, with modifications, for amendments to the regulation of temporary business offices by a vote of 3-2-1 (Cleveland and Jewitt opposed, Pierce recused). Moffet moved to adopt the ordinance with Gordon seconding. Gordon clarified Vail Resorts would have to apply for a conditional use permit in order to maintain a business office in the LionsHead area. Representing Vail Mountain, .Jay Peterson emphasized it was important to keep people working in town. Hitt expressed concern the proposed Ever Vail project would not be habitable for at least four years as that is where Vail Resorts would later be locating offices. Brian McCartney, vice president of mountain operations for Vail Mountain, said the request was an attempt to keep Vail Mountain employees employed in Vail. Peterson explained there was a sense of urgency about the 4 decision as Vail Mountain would have to search for adequate office space and renew leases if the ordinance was not approved. During a pause for public comment, Kaye Ferry of the Vail Chamber and Business Association expressed concern that a decision to approve the ordinance did not meet the town's policies and objectives. `This is very specifically handling a Vail Resorts problem...Things aren't the same now as they were when they were first allowed to have offices on the first floor." Kent Logan told the Vail Mountain representatives he thought there had been a lack of a forthcoming attitude on the part of Vail Resorts in regard to a lot of projects. The motion passed 5-2 with Logan and Newbury opposed. The fifth item on the agenda was the first reading of Ordinance No. 18, Series of 2007, an ordinance amending 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. Chief Planner Warren Campbell reported that on June 11, 2007, the PEC held a public hearing on the request to amend the prescribed zoning regulations for the Hillside Residential District to increase allowable site coverage from 15% to 20%. Upon consideration of the request, the Commission approved a motion recommending approval of the text amendment to the Vail Town Council by a vote of 5-1-1(Cleveland opposed, Gunion recused). Campbell assured Council that building envelopes would not increase. Community Development Director George Ruther clarified, "V1le are only talking about changing the method in the way Gross Residential Floor Area (GRFA) is calculated." Moffet moved to table the item to August 21 with Newbury seconding. The. motion passed unanimously, 7-0. The applicant was directed to explore options for adhering to the town's recently adopted inclusionary zoning requirements into their proposal The sixth item on the agenda was the first reading of Ordinance No. 21, Series of 2007, an ordinance repealing and re-enacting Ordinance No. 5, Series of 2006, establishing Special Development District (SDD) No. 39, Crossroads. Warren Campbell reported that on June 25, 2007, the PEC held a public hearing on a request for a major amendment to SDD No. 39, Crossroads. The purpose of the major amendment is to increase the maximum allowable number of dwelling units from 75 to 77 dwelling units and to address several other minor changes, located at 141 and 143 Meadow Drive. Upon review of the request, the PEC voted 5-1-0 (Cleveland opposed) to forward a recommendation of approval of the request to amend SDD No. 39, Crossroads, to Council. Moffet moved to approve the ordinance with Hitt seconding. It was clarified that no new space/GRFA was being created. Three surplus parking spaces will be lost however. The motion passed 6-1, with Foley opposed. The seventh item on the agenda was the second Reading of Ordinance No. 19. An Ordinance for the Vacation and Termination of Certain Existing Public Utility Easements within Lot 2, West Day Subdivision. As part of the approved project on Lot 2, West Day Subdivision, certain platted utility easements and utilities lying within Lot 2, are being replaced and/or reconfigured at other locations in connection with the West Day Development, and new easements have been granted or are in the process of being granted. Moffet moved to adopt with Newbury seconding. The motion passed unanimously, 7-0. Representing Vail Resorts Development Company, Jay Peterson clarified where the easements were to be located. The motion passed unanimously, 7-0. The eighth item on the agenda was Adjournment. Moffet moved to adjourn with Foley seconding at approximately 8:15 p.m. The motion passed unanimously, 7-0. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher. 6 MEMORANDUM TO: Town Council FROM: Community Development Department DATE: August 7, 2007 SUBJECT: Vail 2020 Strategic Plan Update PURPOSE The purpose of the August 7, 2007 discussion regarding Vail 20/20 is to: Review a draft of the Vail 20/20 Strategic Plan; Gain feedback from the Town Council; and Discuss next steps to complete the Vail 20/20 Strategic Plan. BACKGROUND On January 17, 2006, the Town Council approved a scope of work that included soliciting a facilitator to garner community participation and a consultant to assist town staff in drafting a vision and community plan. In February 2006, the town selected Design Workshop as the facilitator and consultant for this project. Beginning in March 2006, staff met with various stakeholders in the community who provided valuable insight into the process, including -the Eagle River Water and Sanitation District, participants in the Vail Tomorrow process and the Vail Village Homeowners Association. The Vail 20/20 process officially began with a meeting of institutional stakeholders on Aug. 3, 2006 at Donovan Pavilion. The stakeholders provided input regarding individual organizational goals, as well- as town and regional issues, which concern their organization. On Aug. 22 and 24, 2006 two community workshops were held at Donovan Pavilion to discuss Vail's existing values and Vail's vision for the future with members of the community. On Sept. 19, -2006, staff presented draft values and vision statements to the Town Council and provided an update on the Vail 20/20 process. Town Council provided comments on the drafts and instructed staff to proceed with the Vail 20/20 Strategic Plan process. On Dec. 5, 2006, the Town Council approved a draft set of goals and instructed staff to use those goals as the basis for the Vail 20/20 Strategic Plan. Since December 2006, staff has been drafting the plan based on public and staff input. III. GOALS AND OUTCOMES The following statements represent the goals and outcomes for the Vail 20/20 process as approved by the Vail Town Council: Goals • To identify commonly shared values in the community; • To create a clear and vivid vision of Vail's future; • To develop an integrated community plan that creates an effective coordinated strategy for Vail's future; • To create a final product that transcends the administrations of Town Council and appointed boards and commissions; • To build upon planning processes from other communities and processes already in place in Vail; and • To create a participatory process focused on listening and community involvement. Outcomes • A strategic plan which provides atopically-based vision for the next 10-15 years based on a shared set of values and provides an integrated action plan to achieve that vision; • Coordinated decision making so that land use decisions compliment transportation, housing, and economic strategies and vice versa. This will help save time and money through more coordinated project management; and • Improved effectiveness and efficiency in capital and operational budgeting by ensuring the annual budget supports a strategic vision and the set of values that the community identified. IV. ACTIONS REQUESTED OF COUNCIL 1. Review Vail 20/20 Strategic Plan and provide comments to town staff for inclusion in final document. 2. Provide input on next steps for Vail 20/20 project completion Staff proposes the following next steps: • Town Council input will be utilized to develop a new draft of the document. • An open house will be held from 5 to 7 p.m. Thursday, Aug. 16 at Donovan Pavilion to give the community an opportunity to review and provide input on the proposed document. • The document will be posted on the town Web site and distributed for public comment until Sept. 1, 2007. • A final draft of the document will be presented to the Town Council at a meeting no later than its October 16 meeting for final review and adoption. V. ATTACHMENTS 1. Vail 20/20 Strategic Plan- DRAFT 2 STRATEGIC PLAN DRAFT AUGUST 7, 2007 ~~ ACKNOWLEDGEMENTS The Town of Vail wishes to thank members of the community who participated in .the Vail 20/20 process, as well as the following individuals and organizations: Vail Town Council Rod Slifer, Mayor Farrow Hitt, Mayor Pro-Tem Kevin Foley Mark Gordon Kent Logan Greg Moffet Kim Newbury Planning and Environmental Commission Bill Jewitt, Chair Dick Cleveland Anne Fehlner-Gunion Rollie Kjesbo Michael Kurz Bill Pierce David Viele Town of Vail Staff Stan Zemler, Town Manager Pam Brandmeyer, Assistant Town Manager Gregg Barrie, Landscape Architect Judy Camp, Finance Director Warren Campbell, Chief of Planning Bill Carlson, Environmental Officer Susan Douglas, Administrative Commander, Vail Police Department Russ Forrest, Former Director of Community Development Rachel Friede, Town Planner Bill Gibson, Town Planner John Gulick, Former Vail Fire Chief Greg Hall, Director of Public Works Kathleen Halloran, Budget Manager Dwight Henninger, Vail Police Chief Scot Hunn, Senior Planner Kelli McDonald, Economic Development Manager Todd Oppenheimer, Capital Projects Manager John Power, Director of Human Resources Elisabeth Reed, Former Town Planner George Ruther, Director of Community Deveiopment Suzanne Silverthorn, Community Information Officer Nina Timm, Housing Coordinator Jamie Wilson, Communications and Special Projects Manager Vail Recreation District Staff Mike Ortiz, Director, Vail Recreation District John Monson, Assistant Director, Vail Recreation District Consultants Becky Zimmerman, Principal, Design Workshop Rebecca Leonard, Project Manager, Design Workshop Pam Britton, Facilitator, Design Workshop Anna Gagne, Project Assistant, Design Workshop Chris Cares, RRC Associates Vail Housing Authority Steve Lindstrom Mark Ristow Sally Jackle Kim Newbury Ethan Moore Representatives and Organizations Bruce Baumgartner, Eagle County Cal Wettstein, US Forest Service Linn Schorr, Eagle River Water and Sanitation District Dave Johnson, ECO Transit Bill Jensen, Vail Resorts Jim Lamont, Vail Village Homeowners Association Jim Brandmeyer, formerly of Vail Alpine Garden Foundation Peter Abuisi, Vail Mountain School Karen Strakbein, formerly of Eagle County School District Ceil Folz, Vail Valley Foundation Michael Robinson, Vail Valley Partnership Gregory Repetti, Vail Valley Medical Center Foundation Karen Simon, Vail Valley Charitable Fund Bill Wilto, Vail Valley Rotary Club Bev Trout, Vail Board of Realtors Kaye Ferry, Vail Chamber and Business Association Mark Bricklin, Vail Daily Don Rogers, Vail Daily Carl Walker, Vail Religious Foundation Environmental Team Luke Cartin, Vail Resorts Anne Essen, Resident Kim Langmaid, Gore Range Natural Science School Susan Pollack, board member of Gore Range Natural Science School Matt Scherr, Eagle Valley Alliance for Sustainability Caroline Bradford, Grand River Consulting Vail Economic Advisory Council Dick Cleveland Rick Scalpello Robin Litt Sally Hanlon Rob Levine Pam Stenrriark Mark Cervantes Matt Morgan Steve Kaufman Tori Franks Rayla Kundolf Bob McNichols Bob Boselli Alan Kosloff M. Joseph McHugh ii TABLE OF CONTENTS EXECUTIVE SUMMARY ..........................................................................................................................1 ................................. VAIL 20/20: COMMUNITY VALUES .............................................. ........................3 LAND USE AND DEVELOPMENT ................:........................:.................................................................4 PARKS AND RECREATION ....................................................................................................................9 ENVIRONMENTAL SUSTAINABILITY ..................................................................................................13 HOUSING ...............................................................................................................................................18 TRANSPORTATION ....................................................................................................:.........................21 ...................................... ECONOMY .................................................................................... ...................26 COMMUNITY DIVERSITY ....................................................................................:.................................30 PUBLIC. SAFETY ...................................................................................:...............................................34 APPENDIX A: VAIL TOMORROW ....................................................................................................... A-1 APPENDIX B: COMMUNITY SURVEY RESULTS ..........................................:................................... B-1 iii EXECUTIVE SUMMARY The Vail 20/20 Focus on the Future process began in 2006 as a way to build upon Vail's successes, keep the resort community competitive and to seek opportunities to improve the community through a strategic plan. Goals of the 20/20 process were adopted as follows: • Create a plan that identifies commonly shared values in the community. • Create a clear vision for Vail • Integrate a plan to coordinate Vail's strategies for the future. • Create a plan that transcends the administrations of town staff, Vail Town Council and appointed boards and commissions. Vail's last community visioning process took place in 1996, which involved the community in the creation of shared values, goals and actions. Now, more than a decade later, that earlier work from Vail Tomorrow has been re-examined as part of the Vail 20/20 process. This most recent endeavor has included. two public workshops, a meeting with Vail's stakeholders and a workshop with Vail Mountain School students. Environmental sustainability, workforce housing, I-70 mitigation, wildfire preparedness and management of growth and redevelopment were identified during these meetings as top priorities for the town. In all, more than 300 voices were heard to assist in setting a direction for the future. The Vail 20/20 Strategic Plan begins with a set of values that outline what is truly important to the community. The plan .then details land use and development, parks and recreation, environment, housing, transportation, economy, community and public safety. topics, including background information, current practices, current strategies, vision statements and future goals and actions to achieve Vail's vision. Vail's Vision is the general vision statement for Vail's future, based on input from the community during the Vail 20/20 process, and is as follows:. We are the "Premier Mounfain Resort Community" by providing high quality of life and experiences for both residents and visitors. This is achieved through environmental stewardship, world-class recreational, cultural and educational opportunities, a strong year-round economy, diversity of housing, and superior infrastructure. The- town actively seeks input and cooperation from the community and its neighbors to ensure fulfillment of its vision. The following provides a summary of each topic and general themes expressed by 20/20 participants. Land Use and Development The completion of current redevelopment in Vail and preparing for future growth is essential to Vail's ongoing success as a resort community. Through evaluation of and modifications to the town's planning documents, the town has an opportunity to ensure proper guidance of future development. During 20/20, some participants expressed concerns over the scale of development in Vail, while others expressed satisfaction with the town's management of growth and development. Parks and Recreation Aging infrastructure, the need for new recreation facilities and programming to meet public demand and a lack of funding have been identified as important challenges to be addressed by Vail's leaders and its partners. During 20/20, participants expressed a desire for new facilities, increased maintenance for existing facilities and additional marketing for recreation programs. Environment Vail's reputation as a resort industry leader lends itself to setting exceptional standards for environmental stewardship. During 20/20, participants encouraged the town to become a leader in environmental sustainability, including improvement in town practices and creation of new environmental opportunities for businesses, residents and guests. Housing The high cost of housing and a lack of developable land continue to challenge the community in providing adequate workforce housing. Opportunities exist to increase the amount of employee housing through redevelopment of existing housing, the purchase of deed-restricted units and through developer requirements. During 20/20, participants placed workforce housing as a top priority for the community and government leaders to address. Transportation Vail strives to operate a seamless transportation system while experiencing an increase in users in every mode of transportation. This increase has caused the town to reevaluate and seek new opportunities for funding sources and solutions to traffic congestion and parking needs. During 20/20, participants expressed concerns regarding I-70 noise and pollution, increased traffic in Vail and the need for additional parking options. Economy Increasing capital and operational expenses for the town, a sales tax driven municipal budget, workforce housing needs and a seasonal economy impact the community's long-term financial health. During 20/20, participants expressed interest in creating ayear-round economy, funding capital projects and focusing on workforce housing. Community Vail's community direction and diversity is impacted by variables such as housing, employment and affordability. These variables have caused a decline in the number of families living in Vail, while representation from other demographic sectors such as retirees and part-time homeowners moving to Vail full-time has increased. During 20/20, participants expressed optimism in addressing the many challenges associated with improving community diversity, which in turn, will contribute to a healthier resort. Public Safety The town continues to look for opportunities to improve its public safety divisions including constructing a new fire station in West Vail to improve emergency response times in the neighborhood, as well as renovation to the .Main Vail fire station. Additionally, the increase in wildfire danger caused by the ongoing pine beetle outbreak poses a threat to public safety and the town is working with local and regional partners to prepare itself and its residents in the event a wildfire occurs. During 20/20, participants expressed the need for a new fire house in West Vail and ongoing response to the beetle outbreak. The Vail 20/20 Strategic Plan has been developed to guide decisions by key leaders to ensure these decisions are aligned with the community's desired future, as outlined in Vail's Vision above. The plan will also be used to improve effectiveness and efficiency in capital and operational budgeting for the town. As such, Vail's 20/20 values and vision statements, goals and actions should be reviewed as needed to maintain a strategic direction into the future. 2 VAIL 20/20: COMMUNITY VALUES The following value statements were created from recommendations made by 20/20 participants. Vail's Community Values serve as the foundation for the Vail 20/20 Strategic Plan and are the essence of Vail's identity. Premier Resort Community: Vail values its role as a premier resort community, which recognizes the interdependent relationship between the resort, community and municipality. Vail's success as a resort depends largely on its success as a community, as the community fosters relationships between locals and visitors. We make plans and take actions that are investments in the experiences and lives of many different generations, today and into the future. It takes work and reinvention to stay No. 1, and Vail is committed to innovation and creativity to achieve our goals. Diversity: Vail values maintaining a diverse population of residents, workers and visitors, with a broad representation of age, family composition, ethnic background and economic means. Activities Benefit Individuals and the Community: Vail values a vibrant community life supportive of spiritual and physical well-being and encouraging of intellectual and cultural growth. This value includes providing a wide variety of educational, recreational, entertainment, art and cultural opportunities. These offerings are accessible to all and appeal to residents and guests of all ages, incomes and interests. These activities promote the development of relationships that strengthen the community. Natural Environment: Vail values the environment as a source of health, beauty, recreation and economic strength that makes Vail a special place to live, work and play. As stewards of the environment, Vail is committed to promoting sustainable environmental practices in every aspect. of the community. Participation and Cooperation: Vail values the participation of its citizens in community life, decision making and planning for the future. To foster effective communication, the community subscribes to a Common Code of Ethics for conduct in civic life including honesty, integrity, civility, respect, trust, goodwill, transparency, openness, selflessness and generosity. A sense of ownership and responsibility is achieved through open communication and cooperation between community members, businesses, interest groups and local and regional governments. Cooperation is essential to addressing issues that extend beyond town boundaries. Leadership: Vail values a transparent, fiscally responsible and ethical municipal government that engages community members, private partnerships, municipalities and other entities throughout the region to make sound decisions that serve all interested parties for the long term. Healthy Economy: Vail values world-class service and a vibrant, diverse, year-round economy that caters to full and part-time residents, visitors and business owners and operators. A .growing employment and revenue base supports the economy, which thrives on environmental sustainability, amenities and events, transportation and other infrastructure. Sense of Place and Character: Vail values the strong history of the town and its unique character and legacy while acknowledging the importance of reinvention. This is reflected in the high quality of the built environment with design and features that endure over time. Safety and Health: Vail values a sense of personal security for its citizens and their children, as well as for property. Quality healthcare and physical activities support the health of the community. Transportation and Transit Network: Vail values a sustainable, multi-modal transportation system that effectively provides ease of access to residents, visitors and the workforce in an environmentally and technologically forward manner. 3 LAND USE AND DEVELOPMENT The following is the strategic direction for land use and development including background information, current practices, current strategies and future goals and actions to achieve Vail's vision and honor community values. Planning for the Future: 2020 Strategic Direction .The completion of redevelopment underway in Vail and preparing for future growth is essential to Vail's ongoing success as a resort community. Newly identified issues raised by the current redevelopment may be addressed by updating portions of the Vail Comprehensive Plan as a way to plan. for future development. Specifically, an update to the Land Use Plan would help foster seamless redevelopment of both public and private infrastructure. Employee housing will remain a challenge and priority resulting in continued regulation of employee housing in development. Although there are currently no environmental sustainability requirements for development, opportunities exist for the town to incorporate green standards for future projects. -History and Current Situation Vail is a town with a unique natural setting, internationally known for its natural beauty, alpine environment and compatibility of manmade structures with the environment. It began in 1962 as a ski resort village based on European models. In its infancy, development went largely unregulated. The success of Vail Mountain resulted in fast-paced growth during a short period of time and since then, the town shifted its focus from the resort to a resort community. During initial growth, the town developed a comprehensive plan, zoning regulations and design standards to shape the growth and development of the town. At almost ten miles long and two miles wide, Vail is a narrow valley surrounded by the White River National Forest. The town is comprised of approximately 3,000 acres, 500 of which accommodate the I- 70 corridor. I-70 provides convenient access for visitors and employees. However, it is a source of noise pollution and is a geographic barrier between the north and south sides of town. The town funded a preliminary study focusing on burying or rerouting I-70 around Vail to create new opportunities for developable land, but high costs make solutions such as these difficult. While only 50 percent of land in Vail has been developed, there are few vacant lots left to build on within the town. Of the 979 acres of town-owned land (33 percent of total land), 863 acres (28 percent of total land) are zoned Agriculture and Open Space, Natural Area Preservation District, or Outdoor Recreation, all of which prohibit development. The remaining areas are parks, zoned General Use. Of these vacant and restricted properties, 556 acres are designated open space and require voter approval for any other use or improvements. This leaves 107 acres (3 percent of total land) of vacant land that is privately owned and has development potential. .Vail also is experiencing over $2 billion in redevelopment on both public and private land throughout the town. As part of the redevelopment, the town is updating infrastructure and encouraging owners to upgrade their properties to maintain Vail's status as a world-class resort community. "Hot beds," defined as hotel rooms available on a short-term basis that remain occupied much of the year, have decreased as hotel properties have redeveloped into condominiums. However, there has been an increase in "warm beds," which are condos operated as hotel rooms when owners are not present. Redevelopment has also reduced the supply of office space in Vail and businesses are moving to adjacent communities, which has resulted in fewer year-round employers and employees in Vail. The redevelopment has shifted land use throughout the town, moving the split further in favor of residential uses. Only six percent of the town's square footage is used for commercial purposes, with the remaining. 94 percent devoted to residential uses. While the supply of housing products has increased, the high demand for housing has driven up prices and many families are relocating to adjacent communities where housing prices are more affordable. 4 Guiding Documents and Regulations Land use is legally controlled by the town's zoning regulations, which define 25 zone districts with uses including recreation, land preservation, commercial, mixed-use and a range of residential densities. The zoning regulations are based on the Vai! Comprehensive Plan, which is comprised of twelve documents that designate legislated and preferred land use within Vail. There are numerous documents in the Vail Comprehensive Plan that are outdated or have expired. Once a Comprehensive Plan update occurs, the zoning regulations will need to be reviewed to reflect any changes. These documents and plans provide guidance for future policy and development decisions and ensure that future development follows the vision of the community as a whole. The following outlines the components of the Vail Comprehensive Plan: Vail Land Use Plan Adopted in 1986, the Vail Land Use Plan provides a general framework to guide land use decision- making. The Land Use Plan is the basis for zoning regulations, although there are numerous inconsistencies between the two documents. Town staff is encouraging modifications to the Land Use Plan to recognize new and evolving community priorities such as affordable housing, recreational uses, environmental concerns, community facilities and other related land use issues. Ford Park/Donovan Park Master Plan Adopted in 1985, the Ford Park/Donovan Park Master Plan describes site environment and history, plans for site development and guidelines for implementation. Adopted in 1997, the Ford Park Management Plan is an amendment to the plan and is intended to guide continued success of the park in both development and operation. The latest update to the Donovan Park Master Plan was in 2000 to plan for the pavilion and playground areas. The Vail Parks and Recreation Master Plan, adopted in 2007, calls for an update of the Ford Park/Donovan Park Master Plan to identify additional uses for Ford Park. Vail Village Master Plan Adopted in 1990, the Vail Village Master Plan guides the town in developing land use laws and policies for coordination of development in both public and private sectors in Vail Village, plus implementing community goals for public improvements. The validity of the plan was challenged during a major redevelopment project, with the developer claiming the plan is outdated in its vision for Vail Village. An update could address several omitted issues, including means of maintaining a high level of quality development-and redevelopment within Vail Village, strategies intended to improve the retail environment and the inclusion of loading and delivery facilities. Vail Village Urban Design Guidelines and Design Considerations Adopted in 1980 and revised in 1993, the Vail Village Urban Design Guidelines and Design Considerations represent a collection of guidelines about the function and aesthetics of Vail Village. The guidelines identify problems, successes and concepts for implementation. Streetscape Master Plan Adopted in 1991 and updated in 2003, the Streetscape Master Plan provides guidelines to enhance the pedestrian environment to match the high quality of architecture in Vail. The plan addresses streetscape work currently underway in both Vail Village and LionsHead and includes items such as installation of heated pavers. The plan is scheduled to be completely implemented in 2008. Transportation Master Plan Adopted in 1993 and updated in 2004, the Transportation Master Plan provides guidance in developing a coordinated approach to implementing transportation improvements. It assists in resolving, monitoring and accommodating growth, while preserving those characteristics that have made Vail a leader in transportation planning. 5 Municipal Cemetery Master Plan Adopted in 1993, the Municipal Cemetery Master Plan provides a management and development master plan for a town cemetery to be located on the upper bench of Donovan Park. This plan has not been implemented and a cemetery at this location was rejected by voters. However, a Memorial Park has been completed on 11-acres in the Katsos Ranch area in East Vail. Comprehensive Open Lands Plan Adopted in 1994, the Comprehensive Open Lands Plan identifies and develops strategies for acquiring or protecting remaining open lands in Vail that would be valuable for recreation, protecting sensitive environmental resources, extending or connecting trails, providing adequate neighborhood open space and creating a small amount of contingency land for unforeseen needs. This plan expired in 2000. An update is needed to represent the current scenario and future considerations for open land. Environmental Strategic Plan Adopted in 1994, the Environmental Strategic Plan established along-term environmental protection work plan. The plan expired in 1998. An update is a logical next step given the community's interest in elevating Vail's environmental stewardship. LionsHead Redevelopment Master Plan Adopted in 1998, the LionsHead Redevelopment Master Plan was created in anticipation of major redevelopment in LionsHead. The plan offers redevelopment incentives to encourage and facilitate investment in improvements to existing buildings and new construction. Redevelopment is underway and the plan has been amended on a regular basis since its adoption. Development Standards Handbook Adopted in 1999, the Development Standards Handbook is a supplement to the town's zoning regulations and provides design guidelines and standards for development within the town. Following completion of the 20/20 process, the handbook will need to be reviewed to ensure development follows the physical and aesthetic vision of the community. Art In Public Places (AIPP) StrategicPlan Adopted in 2001, the AIPP Strategic Plan is used for implementation of site-integrated public art on public and private lands. It includes information on opportunities for public art within the town, funding mechanisms and implementation strategies. Current Practices • The town currently requires notification of adjacent properties for certain Planning and Environmental Commission actions. • The Gross Residential Fioor Area (GRFA) regulation was modified in 1997 to allow for interior square footage additions. In 2004, GRFA was again modified to allow additional credit for basements that are below grade. In 2006, one Special Development District eliminated GRFA, serving as a test case for future changes. • A Tax Increment Financing (TIF) District was created in LionsHead in 2004 and enables the town to fund an estimated $9 million in public improvements beginning in 2009. • An amendment to the Zoning Regulations and the LionsHead Redevelopment Master Plan occurred in 2007, requiring no net loss of "hot beds." • In 2007, the Vail Town Council amended the LionsHead Redevelopment Master Plan to include the West LionsHead area, now known as Ever Vail, in anticipation of new development and a new ski portal by Vail Resorts Development Company • In April 2007, the Vail Town Council adopted inclusionary zoning and commercial linkage ordinances that require developments in certain zone districts to provide employee housing through deed- restriction of existing units, creation of new units or pay-in-lieu. • The town is in the process of acquiring the Wendy's property in West Vail as a potential site for a West Vail Fire Station. 6 The West Vail Master Plan process will reconvene in Fall 2007 and will include public participation to create a plan for future development in West Vail The town has hired a consultant to assess the status of energy efficiency within town facilities, and to provide recommendations for achieving a greener standard for both public and private buildings. Community Response What follows is a summary of themes identified by 20/20 participants, as well as selected findings from the 2007 Community Survey as they relate to land use and development. Vail 20/20 Themes Much support was expressed for the renewal of public/private infrastructure. Most liked that the town manages but does not discourage growth. The uniqueness of the physical infrastructure of the town was touted as one of its greatest strengths. Some dissatisfaction was voiced regarding the large developments that have recently been approved. Many asked for more focus by the town on its own carrying capacity and an increased focus on better public benefits, workforce housing and more warm beds from thelarger development projects. Community Survey Findings "Development" (18 percent), "growth" (8 percent) and "construction" (about 2 percent) together received about 28 percent of the mentions as the biggest issues in 2007, compared to only 15 percent in 2005. While the words "development" and "growth" do not mean the same thing, they are closely related. When taken together these categories actually exceed housing as the most identified topic or set of issues in this year's survey. Respondents were asked about "satisfaction with the quality of the new development and redevelopment over the past three years." Again, ratings .were down, with 15 percent responding "not at all satisfied" compared to 5 percent in 2005. In general, residents and part-time residents are satisfied with the "management and communications" regarding new development (50 percent rated their satisfaction 4 or 5 on the 5-point scale, up slightly from 45 percent in 2005). Land Use and Development Vision: The following represents the Vail community's vision. for characteristics of land use and development in Vail in the year 2020: The pedestrian ambiance and scale of Vail Village and LionsHead continues into 2020, where the European alpine charm of Vail is replicated in its new development. The unique character of Vail is evident from the Tyrolean building style that speaks of Vail's history, to the mountain contemporary style that heralds technological advancement. The vibrant mixed-use pedestrian core areas of Vail attract guests, residents and businesses. The diversity of businesses within the core areas provides something for everyone and the new affordable housing options are seamlessly integrated into the community's fabric. Growth has been carefully managed to be sustainable and complementary to the natural environment. 20/201mplementation Based on input from the community during the 20/20 process, town staff developed the following goals and action strategies to support the land use and development vision. The goals also reflect the common themes heard from the community during the 20/20 process, including a need for more employee housing, increased environmental sustainability, reduction of I-70 impacts and managed growth. Goal #1: Vail will continue to manage growth, maintaining a balance between residential, commercial and recreational uses to ensure the quality, character, diversity and vitality of the town by ensuring that all regulatory and advisory land use documents are updated and current. Actions/Strategies • Update planning documents, ensuring public participation and regional government participation to reflect current conditions, management of growth and gain a clear understanding of a preferred future scenario for Vail, including: o West Vail Master Plan 7 o Chamonix and Wendy's site Master Plan o Land Use Plan o LionsHead Master Plan o Vail Village Master Plan o Comprehensive Open Lands Plan o Ford Park/Donovan Park Master Plan o Three Mile Plan (annexation plan) o Comprehensive map that includes parcels, zoning and hazards o Timber Ridge Redevelopment Plan Work with Eagle County to incorporate the Vail Integrated Land Use Plan as part of the Eagle County Comprehensive Plan. Make amendments to the Vail Town Code to reflect planning document updates, including the following regulatory documents: o Sign Code Regulations o Zoning Regulations o Development Standards Handbook Work with utility companies and town staff to address capacity issues and identify future concerns for development and redevelopment projects. Goal #2: Land use and development decisions will address environmental sustainability as a priority of the community. Actions/Strategies • Create green building standards for all new buildings within the town. • Ensure that aH Comprehensive Plan updates address environmental issues and have recommendations for environmental improvements. • Work with public and non-profit partners to ensure that environmental issues within the town and region are being addressed. • Educate developers and applicants on how to incorporate environmental sustainability into projects. • Promote alternative transportation through planning efforts that will reduce Vail's carbon impact. Goal #3: Ensure fairness and consistency in the development review process. Actions/Strategies • Provide transparency of the review process by improving communications. • Embrace policies and practices that ensure honest governmental interaction. • Define ways in which to improve communication with the public. • Review and improve policies regarding notification of design review applications. • Provide adequate training for members of the town's. boards, commissions and committees regarding goals and purposes for regulation. • Develop a streamlined design review process and include in regulation updates. Goal #4: Provide for enough deed-restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development. Actions/Strategies • .Update housing regulations to include more zone districts that are required to provide employee housing. • Redevelop Timber Ridge to increase number of employee beds. • Use employee housing fund for buy-downs and other programs that will increase the number of employees living within the town. • Address the zoning regulations. to provide more incentives for developers to build employee housing units. 8 PARKS AND RECREATION The following is the strategic direction for parks and recreation, including background information, current practices, current strategies and future goals and actions to achieve Vail's vision and honor community values. Planning for the Future: 2020 Strategic Direction Replacement of aging infrastructure, the need for new recreation facilities and programming to meet the public demand and lack of funding resources have been identified as important challenges by Vail's leaders and its partners. The Real Estate Transfer Tax (RETT) is used to fund maintenance and renovations of public parks and recreation paths to maintain Vail's high standard of quality outdoor recreation for its residents and guests. Vail will creatively seek ways to upgrade, renovate or replace many of its aging facilities to expand programming for Vail's residents and. guests. To move forward with such projects, the town and its partners will follow the Parks and Recreation Master Plan, adopted in 2007. History and Current Situation Vail was founded upon the recreational opportunities that exist in the area and has delivered world-class, year-round recreation, prompting over 40 years of growth. Vail offers a multitude of recreational opportunities including almost 1,000 acres of town-owned open space, 350,000 surrounding acres of national forest, 5,289 skiable acres on Vail Mountain, over 16 miles of recreational paths, outdoor tennis courts, an 18-hole public golf course, softball and athletic fields, an indoor ice skating rink, a nature center, a gymnastics center, Nordic skiing and the highest botanical gardens in the world. Vail Mountain Skiing and snowboarding remain the most popular winter sports in Vail, with Vail Mountain providing the most skiable acreage of any resort in North America from November to April. There were 1.6 million skier days at Vail during the 2006-07 season and lift tickets were priced the highest in the U.S. at $82 per. day. Vail Resorts Inc., the owner and operator of Vail Mountain, also provides tubing, snowmobiling and ice skating at the top of Eagle's Nest during the winter season and hiking and biking trails during the summer season. Recreation Paths/Trails Paved recreational paths run 16.7 miles from East Vail to Dowd Junction, with 9.3 of those miles separated from the roadway and the other 7.4 miles attached to the road as bike lanes or shared roads. There are also 2.5 miles of paved path on the north side of town from West Vail to Main Vail. The streamwalk, an unpaved trail along Gore Creek, is 1800 feet long. Along-term objective of the town is to add bicycle lanes to the frontage roads, providing additional safety for road bikers and allowing more pedestrian traffic on the paths. ECO Trails, acounty-wide program that develops, promotes and cooperatively maintains a scenic and safe trail system of urban, paved, multi-use, non-motorized trails, has developed over 15 miles of trails to connect Vail to the rest of the valley. In collaboration with the Forest Service, the town established the North Trail, seven miles of backcountry trails spanning from Davos Road to Red Sandstone Creek. There are four trailheads on the north side of town in East Vail that provide access to adjacent designated wilderness lands. The trailheads are maintained by the town, while the trails are maintained by the Forest Service. Due to Forest Service restrictions, the surrounding National Forest cannot be utilized for commercial ventures other than Vail Mountain, ruling out the possibility for hiking tours and mountaineering courses. Parks The town owns and manages 13 parks as follows: • Two community parks that serve the larger community through recreational-and cultural opportunities (Donovan and Ford parks). • Seven neighborhood parks that serve smaller areas ('two of which are designated off-leash dog parks). 9 • Four {pocket parks and green spaces that serve as buffers and provide small areas to recreate. The town prides itself on creative custom playgrounds creating destination play environments for both kids and adults. Playgrounds are also regularly upgraded per the Playground Safety Improvement Plan to ensure high quality parks with safe conditions. All parks and trail improvements are funded via RETT, making it feasible for the town to continually renovate and maintain its parks. Vail Recreation District All recreation facilities within Vail are owned by the town and operated by the Vail Recreation District (VRD) including the Vail Golf Club, Vail Gymnastics Center, Ford Park tennis courts and administration building, Dobson Ice Arena, Vail Nature Center and the Youth Services Center. The VRD offers recreational activities such as day camps for youth; golf tournaments; painting classes; and mountain bike and trail running races. Educational walking tours, backcountry hiking, snowshoe and Nordic skiing tours also are available through the Vail Nature Center.- Gore Creek Gore Creek offers residents and guests Gold Medal fishing, as well as rafting and kayaking. -Gore Creek provides local outdoor adventure companies with a water outlet for guided tours and lessons. A whitewater park offering kayakers an opportunity for playboating, creeking and river-running is located in the heart of Vail Village. However, protection of the Gore Creek and its importance to Vail's eco system could have an effect on capacity for recreation in the future. Current Practices • In 2007, the VRD completed an inventory of facilities assessing both current conditions and future capital needs. • In 2007, the town hired a consultant to address the capital needs of the town's facilities and VRD needs as lessee. • In 2007, the town constructed a temporary skate park atop the LionsHead parking structure, with management and maintenance coordinated by the VRD. The skate park will remain at this location each summer until redevelopment of the site or a location for a permanent park is found. • Annually, the town allocates money for trailhead improvements, which is being used for parking improvements and trail sign improvements. • The Playground Safety and Improvement Plan is underway with playground upgrades occurring each year. through 2011. Remaining work includes renovation of Booth Creek Park and Red Sandstone Park. • Bighorn Park Playground renovation was completed in 2007. • The town financially supports the Eagle River Watershed Council in its efforts to protect Gore Creek. • The town and VRD are currently working on an implementation plan to move forward with recommendations from the 2007 Parks and Recreation Master Plan. • The Golf Course Clubhouse was renovated to meet ADA standards. Guiding Documents Ford Park/Donovan Park Master Plan Adopted in 1985, the Ford Park/Donovan Park Master Plan describes site environment and history, plans for site development and guidelines for implementation. Adopted in 1997, the Ford Park Management Plan is an amendment to the plan and is intended to guide continued success of the park in both development and operation. The latest update to the Donovan Park Master Plan was in 2000 to plan for the pavilion and playground areas. Vail Parks and Recreation Master Plan Adopted in 2007, the plan is a combined effort of the town and VRD establishes a clear set of goals, policies and objectives that will provide direction to the town and VRD staff, advisory boards and elected officials for redevelopment and enhancement of the community's parks and recreation programs and 10 facilities. The plan includes an inventory of resources, a needs assessment, findings report and recommendations to meet the needs of the public. Findings and recommendations of the plan include: • Improving partnerships and taking a regional approach to programming to improve and increase recreational opportunities. • Substantial capital improvements needs for existing indoor facilities. • Increased public involvement and feedback regarding the allocation of recreational funds. • A balance of user fees and taxes and transparency in financial reporting. • Recreation programming for residents and guest. • Special events to increase revenue. • Balanced activities that are accessible to all demographics and income levels. • Evaluation of parking at recreational facilities. The Playground Safety and Improvement Plan The multi-year plan, adopted in 2001, evaluates each playground facility and identifies items that are in non-compliance with the current Consumer Product Safety Commission and American Society for Testing and Materials Guidelines for Public Playground Safety. The plan outlines actions for short-term and long-term remediation and replacement. Community Response What follows is a summary of themes identified by 20/20 participants, as well as selected findings from the 2007 Community Survey as they relate to parks and recreation. Vail 20/20 Themes Many participants expressed a need for Vail to have an indoor recreational facility to supplement outdoor recreational opportunities. A regional approach to marketing recreation was also supported. Additionally, the suggestion to improve marketing of (particularly) summer time activities was mentioned numerous times, as was the need for more activities and recreational venues for the under-20 demographic. Community Survey Findings Survey results show high levels of satisfaction with maintenance of parks and recreational facilities. When asked to rank potential recreation facility improvements, respondents gave the highest priority to a recreation center/gymnasium/aquatics facility with a score of 3.4 of 5 followed by reconfiguration and renovation of Ford Park scored at 3.1. The list also included Dobson Ice Arena remodel and upgrade, 3.0; Vail Golf Club Clubhouse remodel, 2.8; and permanent skateboard park, 2.5. Improving recreational facilities such as parks, trails and bike paths was ranked sixth from a list of ten topics important to Vail's future. Parks and Recreation Vision: The following represents the Vail community's vision for characteristics of parks and recreation in Vail in the year 2020: Vail embraces a healthy lifestyle and is a place where one of any age, economic status, race and culture can indulge in a multitude of diverse recreational activities. With Vail Mountain, Gore Creek and a strong regional system of diverse recreational facilities and amenities, the Vail Valley is a premier destination for the recreation enthusiast. Through Vail's vast and unprecedented era of capital improvements, pace is maintained by offering exceptional recreational programs in world-class facilities that are actively communicated and marketed to users. 20/20 Impiementation Based on input from the community during the 20/20 and the Vail Parks and Recreation Master Plan processes, town and VRD staff developed the following goals and action strategies to support the parks and recreation vision. 11 Goal #1: Evaluate current recreational programming, facilities and amenities and ensure they meet the needs of all users on a year-round basis. Actions/Strategies • Evaluate need for new youth services space, pending potential LionsHead parking structure redevelopment. • Continue to gain community input on desired programs on both current and future plans. • Provide affordable recreation programs and packages for seasonal workers and residents with moderate income levels. • Identify programs not meeting minimum capacity and work to improve programs and marketing. • Work with local tourism organizations to provide alternatives to skiing and additional summer activities. • Develop an understanding of the future of parks and recreation amenities through planning and public participation, and update the Vail Parks and Recreation Master Plan as needed. Goal #2: Establish and improve upon partnerships with public, private and non-profit entities, ultimately delivering added benefits to recreation users. Actions/Strategies • Update lease and management agreements between the town and VRD. • Seek opportunities to provide aquatic programming by collaborating with hotels and athletic clubs. • Collaborate with Western Eagle County Metropolitan Recreation District and Eagle-Vail Metropolitan District to create a seamless and valley-wide recreation experience. • Work with Vail Resorts, Inc. and the Forest Service to build new trail systems. • Work with Vail Resorts, Inc. to improve biking and hiking on Vail Mountain and create additional on- mountain recreation opportunities. • Continue to evaluate and increase marketing for Vail's parks and recreation programming by partnering with the Vail Valley Partnership, Vail Chamber and Business Association, Vail Local Marketing District, Vail Resorts and other organizations to promote events and services to guests and new residents. Goal #3: Conduct necessary capital improvements of Vail's current recreational facilities and amenities to meet high standard of quality for users. Action/Strategies • Explore combining efforts among the town and VRD for turf management and landscaping. • Explore creation of an adopt-a-park .program and/or park ambassador program to improve park maintenance. • Quantify current deferred capital maintenance backlog for recreational facilities. • Create trail connections that take users off the road. • Enhance the Nordic skiing facilities through grooming improvements. • Plan for and provide new destination play environments throughout Vail. • Begin update of Parks Safety and Improvement Plan to plan for implementation completion. • Convene a citizen committee to make a recommendation to the Vail Town Council on the location and design of a permanent Vail skate park. Goal #4: Evaluate and prioritize needs and obtain funding for recreational facilities and programming in Vail. Actions/Strategies • Reevaluate the VRD's fee policy including resident/non-resident fees to reward the Vail taxpayers; consider an inclusion election and/or a special recreation tax for "non-included areas;" establish non- resident fees. • Consider the use of Real Estate Transfer Tax to fund VRD initiatives. • Consider a ballot initiative in May 2008 by the VRD to address recreational facilities and programming needs. 12 ENVIRONMENTAL SUSTAINABILITY The following is the strategic direction for environmental sustainability, including background information, current practices, current strategies and future goals and actions to achieve Vail's vision and honor community values. Planning for the Future: 2020 Strategic Direction Vail's reputation as a resort industry leader lends itself to setting exceptional standards for environmenta( stewardship. While the town's vitality is reliant upon a healthy environment for recreation, tourism and aesthetics, it must also accommodate its economic needs such as development, growth, safety and transportation to fulfill its long-term vision. History and Current Situation For the purpose of this document, sustainability is defined as aligning our builYenvironment and socioeconomic activities with the natural systems that support life. In the long-term, sustainability means adapting human activities to the constraints and opportunities of nature, so that the needs of the future are not be sacrificed to the demands of the present. Vail and other ski resort communities are dependent on a healthy environment for recreational amenities that influence development and tourism, and thus, economic viability. The complexity of Vail's ecosystem affects the sustainability of the natural environment and the community at large. Through a .newly created comprehensive environmental management system focused on sustainability and reducing the town's impact on the environment, the town has committed to continuous improvement of its environmental practices by promoting renewable energy, resource efficiency, ecosystem protection and a campaign for community environmental awareness and education. Protection of Gore Creek The reach of Gore Creek flowing through Vail has been subjected to numerous disturbances over the past 30 years including increased sediment from sanding of I-70 during the winter. Monitoring the effects of sand sedimentation and other pollutant sources on Gore Creek is underway and the town works with the Eagle River Water and Sanitation District on watershed management programs to improve and protect the future stream health conditions of Gore Creek, which is a Gold Medal trout fishery. Increased Wildfire Hazard Drought, warmer temperatures and the infestation of the mountain pine beetle have led to increased wildfire danger. As of 2007, the beetle has infested over 75,000 trees from LionsHead to Dowd Junction and during the next five years, the area surrounding Vail will lose hundreds of thousands of pine trees from this infestation. These dying and dead trees are more susceptible to contributing to wildfire. Through 2010, the town will spend over $1.5 million on addressing the beetle outbreak and wildfire preparedness. Recycling Recycling is free in Vail and is managed by the town through a contract with a local trash hauler. Vail residents and businesses may drop off their recyclables behind the Community Development Department building. The town is working to address an increase in recycling volume and will be offering sites in East and West Vail in addition to the current site. The town also is supporting Eagle County as it builds a recycling transfer station and hazardous waste facility at the Wolcott landfill. Once completed, the town will replace its existing roll-off recycling containers with mobile recycling containers at three sites in town. Reducing the Town's Global Footprint The town continually researches and seeks new energy options to offset energy use. This includes its purchase of wind power to offset 100 percent of its energy usage, as well as solar panel installation on 13 the Vail Information Center. In addition, funds from the town's .Real Estate Transfer Tax (RETT) have been designated for use on renewable energy projects in 2007 and 2008. Noise Pollution from I-70 As the number of vehicles traveling along I-70 through Vail grows, interstate noise pollution continues to increase. To address the issue, the town built sand storage berms in East Vail that also act as noise barriers. The town continues to monitor noise levels and the Colorado Department of Transportation will be resurfacing I-70 from East Vail to West Vail with noise-reducing pavement. in 2008. Wildlife Protection Vail households with curbside trash are required to have wildlife-resistant trash containers under provisions of an ordinance given final approval by the Vail Town Council in 2006. The measures are intended to reduce the number of bear encounters in the future. Major development in the town may also affect other wildlife, as well as plants that grow in this region. Current Practices Protection of Gore Creek • Since 2000, the town has been an active member of the Black Gore Creek Steering Committee, a project funding partner for source control and monitoring. The town also is supporting the planning and construction of 63 sedimentation basins on I-70 Vail Pass over the next five years. In 2007, the town assisted in funding the Colorado Department of Transportation's Sedimentation Basin of Last Resort project located at mile marker 183 on Vail Pass. • The town supports Gore Creek water quality monitoring efforts by the Forest Service. • The town supports the implementation of Black Gore Creek Total Maximum Daily Loads (threshold for pollution rates that still meet~water quality standards) to identify sediment load reduction projects and implementation plans. Increased Wildfire Hazard • The Town is partnering with the U.S. and Colorado State Forest Services and Eagle. County on the Vail Valley Forest Health Project, which seeks to reduce wildfire hazard by creating a fire break around the town with removal of beetle infested trees and working on re-vegetation programs. In 2007, the town hired a six person wildfire mitigation hand crew and a crew boss for fire prevention education and cutting/thinning projects on town land. • The town finalized its Community Wildfire Protection Plan in 2006, which outlines how Vail can protect itself from the threat of wildfire. • New regulations in 2007 require Class A roof assemblies or roof covering materials on all new roofs and re-roofs in Vail, as well as banning wood shake and wood shingles for all structures within the town. Recycling • The town continues to manage the free recycling program in Vail • The town's Environmental Health Office is working with Eagle County on a county-wide comprehensive recycling program. • Research is underway to locate sites for a mobile trailer recycling collection system that will increase recycling opportunities for residents in East and West Vail. • The town sponsored its first-ever electronic recycling event in 2007. • The town requires special events to incorporate recycling in their event planning. Reducing the Town's Global Footprint • A thorough audit of Town of Vail facilities was conducted in 2005 to evaluate compliance with federal, state and local environmental regulations. Audit findings resulted in corrective actions that included the development and implementation of a comprehensive waste handling and. spill prevention control plan at the public works facility. 14 In 2007, the town installed solar panels on the Vail Village Information Center as a pilot project for solar on municipal buildings. The town purchased wind power credits for 100 percent of municipal power to offset carbon emissions from electricity use. This contract is renewable in 2009. The town hired a consultant in 2007 to create a municipal energy plan, which will create a baseline of 2006 data to quantify energy use, provide recommendations for aggressively reducing energy use from all sources and track potential financial savings through efficiencies that can be reinvested into the local community. This consultant is also conducting a Green Building: Code Feasibility Study for creation of green building policy/standards in Vail. Guiding Documents The following documents were created to guide environmental policy and actions within the town and region: Comprehensive Open Lands Plan Adopted in 1994, the Comprehensive Open Lands Plan identifies and develops strategies for acquiring or protecting remaining- open lands in Vail that would be valuable for recreation, protecting sensitive environmental resources, extending or connecting trails, providing adequate neighborhood open space and creating a small amount of contingency land for unseen needs. This plan expired in 2000. Environmental Strategic Plan Adopted in 1994, the Environmental Strategic Plan established along-term environmental protection work plan. The plan expired in 1998. Eagle River Water Quality Management Plan Adopted in 1996, this document is still relevant and is used by stewards of the watershed to understand the current situation, the initiatives taken and future actions needed to protect the region's aquatic health. Community Wildfire Protection Plan The purpose of the Community Wildfire Protection Plan (CWPP) is to implement a seamless, coordinated effort in determining an appropriate fire management work plan within the town, complementing local agreements for wildfire protection. Community Response What follows is a summary of themes identified by 20/20 participants, as well as selected findings from the 2007 Community Survey as they relate to environmental sustainability. Vail 20/20 Themes Through the 20/20 process, the community identified environmental issues as one of its top concerns, and expressed the need for a more sustainable community. Participants commented that an ongoing dialogue about the surrounding forest health between the Forest Service and the town is an environmental strength. Participants expressed interest in developing more recycling opportunities, reducing the reliance on chemicals to handle maintenance issues such as snowmelt, ongoing work to address the mountain pine beetle outbreak and rela#ed fire hazard and protection of Gore Creek. Other recommendations included adopting a green building code. Community Survey Findings Environmental resources are identified by 82 percent of respondents as very important with only 6 percent calling this issue unimportant. Respondents were asked to evaluate a list of 10 topics important to Vail's future. In this case, "environmental protection" received the highest score with a rating of 4.3 on a 5 scale (5 being "extremely important"), followed by "addressing the pine beetle infestation" which received a 4.1 score. 71 percent of respondents suggested the town place a high priority on "enforcement of requirements for private property owners to remove dead beetle-infested trees." Satisfaction of environmental quality, which .links both the natural and built environment within the town, was ranked 3.8 of 5, which is just above average satisfaction. 15 Environmental sustainability Vision: The following represents the Vail community's vision for characteristics of environmental sustainability in Vail in the year 2020: Vail is an environmental leader and a sustainable community. Vail collaborates with the community to restore and protect the natural and built environment in balance with its economic and social needs. 20/20 Implementation Based on input from the community during the 20/20 process, town staff met with a team of interested citizens and developed the following goals and action strategies to support the environmental sustainability vision. The goals also reflect the common themes heard from the community during the 20/20 process, including being an environmental leader, a need for more employee housing, reduction of I-70 impacts and. managed growth. Goal #1: Measure, Monitor, Manage: Gain a clear understanding of our current baseline scenario of environmental health and impacts and create clear and concise measurable goals. Actions/Strategies • Establish a baseline scenario for green house gas emissions, waste levels, water quality and forest health, as well as any other measurable scenario for environmental health. • Establish measurable, attainable goals for improving the baseline scenario through calculated research. • Take action from the remaining goals in order to achieve each established goal for improving environmental health. Goal #2: Energy Management in Buildings and Transportation: Reduce the town's 2007 baseline green house gas emissions. Actions/Strategies • Encourage or require building certifications that promote material efficiency through LEED (Leadership in Energy and Environmental Design) certification and/or other green building programs. • Complete a town greenhouse gas emission baseline inventory to understand goals and to promote the use of renewable energy and energy efficiencies in town facilities. • Build awareness of the climate change problem through public education and awareness programs. • Partner with Holy Cross and other utility companies to promote and educate consumers about energy efficiency. • Encourage adoption of green building strategies and practices. • Implement energy efficiency and conservation measures for municipal facilities. • Research alternative fuel options for town transit/fleet operations. • Partner with the I-70 Coalition and ECO Transit to promote and leverage mass transit projects. • Support employee housing initiatives in order to reduce trips into Vail. Goal #3: Ecosystem: Improve the health and diversity of the forest and mountain ecosystem while recognizing the interdependence of the wildland urban interface (WUI) corridor within Vail. Actions/Strategies • Reduce extreme wildfire hazard areas in the wildland urban interface as outlined by 2010 through the Vail Valley Forest Health Project and the town's Community Wildfire Protection Plan. • Partner with the Forest Service on future wildland fire mitigation and fire prevention projects. • Encourage updating and/or enforcement of the town's regulation making pine beetle infested trees a nuisance, through property assessments and owner education, as well as the use of the town's wildfire mitigation crew. • Research state and federal grant opportunities for wildfire fuel reduction projects, public educatioh and fire prevention programs. • Research potential code amendments to further protect homes from wildland fires. • Initiate Trees for Vail program as a forest restoration program in the Town of Vail. • Work with non-profit organizations and the Colorado Department of Wildlife to improve wildlife conditions. 16 Goal #4: Resource Efficiency -Reduce, Reuse,. Recycling: Reduce the rate of residential, commercial and construction waste through programs centering on reducing, reusing and recycling waste. Actions/Strategies • Increase recycling participation and reduce per capita landfill waste through an ordinance requiring residential and commercial recycling. • Increase the number and quality of recycling drop off locations within the town, specifically in East and West Vail • Encourage creation of on-site recycling opportunities for multi-family housing units. • Develop a small commercial cardboard recycling collection program for Vail based businesses. • Promote and require recycling of construction waste and building material. • Create a culture of waste reduction and resource efficiency by delivering a clear and consistent message. Goal #5: Water Quality: Maintain Gore Creek watershed as a Gold Medal fishery, while working to maintain tributaries that meet and/or exceed aquatic life standards set by the state of Colorado. Actions/Strategies • Annually review funding to support the Eagle River Watershed Council and other partners and continue participation in the Black Gore Creek steering committee. • Support permanent on-stream solutions that protect Gore Creek from past operation and maintenance of the I-70 roadway (i.e., Basin of Last Resort), including annual review of funding opportunities and public support of the program. • Develop and implement best management practices for sedimentation and erosion control in the watershed. • Work with the Colorado Department of Transportation in the development of actions that reduce past and future I-70 operations and maintenance impacts to Black Gore Creek, Gore Creek, Miller Creek and Polk Creek, via public participation process and comment period. • Support a storm water pollution prevention public education program in the town. • Integrate Town of Vail storm water protection and compliance program with the Forest Service and Vail Resorts to prevent discharge of sediment into Gore Creek. Goal #6: Education: Ensure the community is educated and aware of environmental issues to encourage responsible environmental actions. Actions/Strategies • Work with the Town Council to identify environmental 'tissues that need immediate attention as well as those that will require action in the future. • Conduct public awareness campaigns to promote environmental stewardship (i.e. increased recycling, energy efficiency). • Build awareness of the Vail ecosystem by coordinating the promotion of outdoor recreation. amenities with local stewards of the environment. • Work with non-profits to promote environmental programming in Vail and regionally. • Research the need to create an Environmental Council supported by a variety of funding sources that promotes environmental education and ecotourism in Vail. • Encourage the business community to conduct an educational campaign to promote and design programs that support Vail as an ecotourism destination.' • Promote and communicate the value of Gore Creek within the Vail community. • Work with a local or regional university to identify ways to improve Vail's environmental health. • Partner with Vail Resorts to implement environmental programs within and around Vail. • Conduct a campaign to educate public on wildlife resistant garbage containers. 17 HOUSING The following is the strategic direction for housing, including background information, current practices, current strategies and future goals and actions to achieve Vail's vision and honor community values. Planning for the Future: 2020 Strategic Direction The high-cost of housing and lack of developable land continue to challenge the community in providing adequate workforce housing. The supply of workforce housing in Vail has been strained by an increase in part-time residents, as well as rising real estate prices. Demand for housing has increased and will continue to increase alongside job generation related to commercial and residential development in Vail. As more of the workforce commutes to Vail, additional burden is placed on local businesses for hiring and on local and regional transportation systems for getting these employees to work. The town and . community are working together to create incentives and requirements for creating and/or acquiring housing that will meet new demand and simultaneously increase the much needed housing supply. Current Situation Quick Facts Vail's Workforce • 30% of Vail's workforce lives within the Town of Vail • 34% of Vail's workforce lives between Eagle-Vail and Edwards • 14% of Vail's workforce lives in Lake County Vail's Housing Stock • Of 6,400 households, 1,520 households are employee-occupied • Only 41% (624 units) ofemployee-occupied units are deed restricted for employees • The median price of a condominium unit increased 30% from 2005 to 2006 Job Growth in Eagle County • The Town of Vail will. add approximately 2,675 new jobs from redevelopment by the year 2010 • Redevelopment between Eagle-Vail and Edwards will add approximately 7,500 new jobs by the year 2015 • The Ginn Development will potentially add approximately 1,000 new jobs by project completion Current Practices • The town provides zoning incentives by granting increased site coverage and an additional 500 square feet to single-family ortwo-family residential units, which build an attached deed-restricted employee housing unit. This has prompted 148 deed-restricted employee housing units to be built throughout the Town of Vail since the early 1990s. Since 2000, with the current incentives, only 21 units have been built. • In April 2007, the Town Council passed ordinances to establish commercial linkage and inclusionary zoning requirements to ensure that there is deed restricted housing fora portion of the workforce generated by new development. Through the requirement of 10 percent inclusionary zoning and 20 percent commercial linkage, new developments will likely provide housing for at least 30 percent of the net new workforce generated by the new development. Developers can also pay-in-lieu instead of building new EHUs ordeed-restricting existing units. • Middle Creek was completed in December 2004 and includes 142 income-capped apartments. There are studios, one-, two-, and three-bedroom units. Since 2006 the development has maintained nearly 100 percent occupancy. The strongest demand is for studio, one- and two-bedroom units. • The town owns 40 units for employees of the Town of Vail, located throughout Vail. These units are rental only. The town makes them available to non-town of Vail employees from May to October of each year. • The town has purchased and preserved 215 existing units as permanent workforce housing within Vail 18 • The town administers a housing lottery to determine the purchasers for any resale of certain town- initiated employee housing that becomes available in the following year. This has allowed 133 individuals to own homes in Vail • Timber Ridge has 198 two-bedroom units on just over 10 acres. Vail Resorts, Inc., master leases 157 of the units and makes them available to Vail Resorts employees from November to April. Recently, the town zoned the property to the Housing District in anticipation of redevelopment. • The town has provided land to build new deed-restricted employee housing units. The town has successfully added 261 units of deed-restricted housing using this strategy. This includes Vail Commons, Red Sandstone Creek, North Trail Townhomes and Middle Creek. • A down payment assistance program to loan up to $40,000 to soon-to-be Vail home owners is administered by Eagle County. The town has donated money to the fund. Low interest rate and deferred payments loans are available through this program. To date, these funds have helped purchase 39 homes in Vail. Community Response What follows is a summary of themes identified by 20/20 participants, as well as selected findings from the 2007 Community Survey as they relate to housing. Vail 20/20 Themes The community voiced it's appreciation of the town's leadership in recognizing the need to address workforce housing. However, many expressed disappointment that recent developments were being approved without more affordable employee housing programs. Concerns were also expressed regarding the lack of housing variety and the cost of living in Vail. Many participants expressed dissatisfaction with the target of housing 30 percent of employees within Vail, indicating a preference for higher percentages. It was also suggested both residential and commercial development be required to provide a variety of employee housing on and off site. Others stated that regional housing solutions might work best. Community Survey Findings Housing was the most identified issue in an open-ended question, with 21 percent of overall respondents mentioning affordable or employee housing as one of the top two issues, an increase from 10 percent of respondents who had mentioned it in 2005. In what may seem to be an inconsistency in light of the importance of workforce housing as described above under tlhe "top two issues" question, the results concerning workforce housing are explained by the fact that while 65 percent of all respondents feel that workforce housing is very/extremely important, 18 percent feel it is relatively unimportant. Both these groups may have identified housing as an "issue" in the open-ended question described above, but they do not all agree on the importance of the issue, with a sizable segment feeling that there is too much attention being paid to this problem. Housing Vision: The following represents the Vail community's vision for characteristics of housing in Vail in the year 2020: The number of employees living within the town has steadily increased, thanks to the town's commitment to.ensure affordability and availability of~housing. The number of deed-restricted rental and for-sale units required of both private and public projects has increased. The diversity. of deed-restricted units can accommodate the seasonal worker, as well as all levels of year-round employees, including those with families. Housing in general has been transformed to include green building standards. 20/201mplementation Based on input from the community during the 20/20 process, town staff with the Vail Local Housing Authority, developed the following goals and action strategies to support the housing vision. Goal: The Town of Vail recognizes the need for housing as infrastructure that promotes community, reduces transit needs and keeps more employees living in the town, and will provide for enough deed- restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development. 19 Actions/Strategies • Research and propose next steps for strengthening the town's inclusionary zoning and commercial linkage policies, including requirements for more-zone districts. • Research parking requirements for employee housing and consider reducing requirements for employee housing developments. • Ensure pay-in-lieu funds generate as many workforce housing units as possible. • Establish protocol for disbursement of dedicated housing fund resources. • Research and secure potential alternative (besides pay-in-lieu) funding sources for employee housing. • Preserve existing affordable/workforce housing within the town. o Expand "buy down" program that gives cash for deed restrictions of units. o Evaluate impact and explore options for replacement of EHUs from Timber Ridge during redevelopment. • Expand the number of employee beds in the Town of Vail o Redevelop Timber Ridge to increase affordable/workforce housing and maximize redevelopment potential with high density zoning. o Ensure the purchase of the Wendy's property for the West Vail Fire Station in order to have more development potential at Chamonix parcel. o Update Chamonix Master Plan to increase employee housing development potential. o Redevelop Chamonix parcel per the master plan. o Redevelop the A-Frame lot for employee housing. o Evaluate employee housing options on Middle Bench of Donovan Park, recognizing the dual community interest in maintaining the property as a park. o Conduct inventory of all sites with development potential and pursue opportunities for acquiring undeveloped or underdeveloped properties. o Consider increasing incentives in performance zoning for property owners who build EHUs. o Continue to purchase properties for TOV employee rentals. o Amend development standards to allow for development of EHUs on properties. o Evaluate opportunities for potential land swaps with the Forest Service. o Evaluate opportunities for annexation of land from other jurisdictions. o Update the Vail Land Use Plan and identify more areas for employee housing. • Enumerate the effects of housing employees within the Town of Vail, including acost-benefit analysis of employee housing. 20 TRANSPORTATION The following is the strategic direction for transportation, including background information, current practices, current strategies and future goals and actions to achieve Vail's vision and honor community values. Planning for the Future: 2020 Strategic Direction Vail strives to operate a seamless transportation system while experiencing an increase in users in every mode of transportation. This increase has caused the town to reevaluate and seek new opportunities for funding resources and solutions to traffic congestion and parking needs. The town continually works with its regional partners to address the increased traffic into the town, the need for additional parking to reduce frontage road parking as well as solutions for noise pollution from I-70 traffic. Opportunities also exist to address environmental concerns including encouraging use of alternative modes of transportation such as carpooling, taking advantage of the local and regional bus system, or walking and biking. History and Current Situation Reads Movement of the permanent population down-valley has. resulted in more locals using the automobile for trips into Vail. As a result of increased driving, roads are experiencing lower levels of service with increased traffic seen in both winter and summer. There are no traffic lights within the town, as desired by the community. Traffic lights continue to be discouraged within Vail to maintain its European ambiance, resulting in creative solutions to traffic congestion including use of roundabouts. Necessary improvements to Vail's roadway network that will need to be addressed include an additional crossing of I-70 (Simba Run Underpass), interchange improvements and frontage road improvements. Parkin Vail is experiencing an increase in demand for parking at the Vail Village parking structure (1,300 spaces), LionsHead parking structure (1,200 spaces) and Ford Park parking lot (250 spaces). These public spaces tend to fill to capacity during peak days such as holiday periods, special events and days with high day-visitor activity. During capacity at the structures and lots,. excess parking demand is accommodated on the Frontage Road. The town's policy is to accommodate 90 percent of parking demand. In the 1990's after the Vail Village parking structure expansion, the number of days people parked on the Frontage Road was less than ten. This increased to nearly 50 times per year with the introduction of discount ski passes for Vail Mountain. The Vail Parking Task Force attempts to manage parking supply and demand, and as a result, there were 25 days of parking on the Frontage Road during the 2006-2007 season. Paid parking is utilized for nine hours per day in the winter months to discourage driving and to help pay for public transportation. The town has identified three areas for more public parking: Ford Park, LionsHead parking structure, and Ever Vail. The town is in discussion with developers on two of those sites to expand the public parking supply. Projections made by the town show that 1,000 additional spaces would accommodate 99 percent of current parking demand. In 20 years, those 1,000 spaces would accommodate 90 percent of parking demand. Bus System Vail accommodates more passengers than any other free public transportation .system in North America, with 32 transit coaches and nearly three million riders per year. In 2006, the town purchased a hybrid bus and there are plans to purchase nine more hybrids in the near future. The heaviest used route is the in-town shuttle, which continuously travels between LionsHead and Vail Village, making up 60 to 70 percent of ridership. The outlying bus routes serve the rest of town, with East Vail and West Vail bus routes experiencing the most ridership after the in-town bus. The ECO Transit system services Eagle County, with routes from Vail to Leadville, and as far west as Dotsero. However, there is no public bus connection from Dotsero to Glenwood Springs or from Vail to Summit County. 21 Trails/Pedestrianization There are 16 miles of paved trails within the town. The significant pieces are the Gore Valley Trail, which runs from East to West Vail, with some portions of the trail requiring users to share roadways.. In addition, the town has developed Frontage Road bike paths to facilitate safe movement. The town's desire is to develop safe frontage road paths throughout Vail and enhance portions of the Gore Valley Trail that are currently on the road. The town also has an unpaved one-mile long streamwalk trail along Gore Creek. Through major redevelopment, the pedestrian connections between neighborhoods have been reduced, although the town is encouraging more pedestrian connections to provide additional options for movement. -70 A goal of the Vail Town Council has been to reduce the impact of noise from I-70 as a means to improve the quality of life for Vail residents and visitors. The town attempts to enforce the 65 mph speed limit to ensure reduced noise from high-speed vehicles. The town is an active participant in the 1-70 Coalition, which includes over 30 political jurisdictions and private partners who are working together to improve safety, traffic flow and timely transport of goods, services and people along the I-70 mountain corridor from Denver International Airport to Eagle County Regional Airport, as well as to Grand Junction. A preliminary study was conducted to determine the feasibility of burying or relocating I-70, although this option is not at the forefront of transportation initiatives. Current Practices • Vail is supportive of a wide range of alternative transportation modes that address resident, employee and visitor needs. These alternatives should be compatible with environmental constraints• and should encourage reductions in travel demand to reduce the need to expand the infrastructure to serve this demand. • Maintain a level of service C or better in normal weather conditions, and a level of service D in winter conditions at major intersections. • Provide enough parking to accommodate 90 percent of parking demand. • No traffic lights within the town, in order to maintain Vail's European ambiance, resulting in creative solutions to traffic congestion including use of roundabouts. • The town and Colorado Department of Transportation have teamed up to create a corridor optimization plan that analyzes the frontage roads and I-70 interchanges. Guiding Documents Vail Transportation Master Plan (TMP) Adopted in 1993, provides guidance in developing a coordinated approach.to implementing transportation improvements. It assists in resolving, monitoring and accommodating growth, while preserving those characteristics that have made Vail a leader in transportation planning. The TMP was updated in 2002 with the Transportation Technical Update, and again in 2007 in anticipation of additional redevelopment. Streetscape Master Plan Adopted in 1991 and updated in 2003, the Streetscape Master Plan provides guidelines to enhance the pedestrian environment to match the high quality of architecture in Vail. The plan addresses Streetscape work currently underway in both Vail Village and LionsHead and includes items such as installation of heated pavers. The plan will be completely implemented in 2008. Community Response What follows is a summary of themes identified by 20/20 participants, as well as selected findings from the 2007 Community Survey as they relate to transportation. Vai120/20 Themes The town's free bus system and the option to use ECO Transit were touted as the strengths of the transportation system in Vail. The most frequently mentioned dislike was the various impacts from I-70, 22 specifically the noise generated from traffic and lack of enforcement of "Jake Brake" laws. Topping the list of recommendations include creating mass transit from Vail to Denver, creating new parking within the town, mitigating the impacts of the highway, and improving the information system that is linked to the bus routes and stops. Community Survey Results Thirteen percent of respondents ranked parking as one of the top two most important issues facing Vail, down from 21 percent in 2005. Respondents rated "parking availability during winter periods" with a score of 2.4 of 5, showing general dissatisfaction with this issue. Respondents were largely satisfied with the town's bus service, with over 80 percent of respondents rating dependability of bus service, frequency of in-town shuttle, driver courtesy and cleanliness of buses a 4 or 5.0. The community, however, did not identify I-70 as a top priority, such as it had been in previous years. Transportation Vision: The following represents the Vail community's vision for characteristics of transportation in Vail in the year 2020: Vail is recognized as having a comprehensive transportation system and through continued redevelopment, has reinforced its transit-oriented lifestyle. Transit, walking and biking are the major modes of travel along with extensive, multi-modal connections between major destinations.. Those who choose to drive are welcomed with swell-maintained roadway system directing vehicles to Vail's managed parking areas. Goods and service delivery are distributed through the town's dispersed loading and delivery system. Getting to and from Vail is safe and efficient.. Connections throughout the intermountain area are seamless and a big factor in Vail's quality of life. Workers enjoy aone-hour commute from the Denver Metro area or Glenwood Springs in a reliable and environmentally friendly method, while residents and guests enjoy the same commute to Denver for work or visits to the many cultural venues and events. Convenient connections to the nearby airports make year-round travel to Vail easy from anywhere in the world. 20/20 Implementation Based on input from the community during the 20/20 process, town staff developed the following goals and action strategies to support the transportation vision. Goal #1: Create an integrated Transportation System with high levels of service that caters to the many needs of our residents, guests and employees and embraces the many issues of the surrounding natural and built environment in its design, implementation and operation. Actions/Strategies Parking • Aggressively manage parking to minimize major capital investments to increase supply while encouraging travel modes other than single occupant vehicles. • Maintain the supply of parking where all demand is met except up to a maximum of 15 days of winter and three days of summer when parking demand exceeds supply. • On parking overflow days, provide on-street emergency parking and additional bus stops to ensure a maximum waking distance of a quarter mile to a bus stop or half mile to the final destination. • Parking revenue shah offset all parking costs, including operations and capital, and combined with the ski tax, shall pay for the operational and capital costs of transit. • Meet future parking needs of approximately 1,000 spaces by developing parking supply that is conveniently located to destinations. Bikeway • Integrate Frontage Road plans to include bikeway construction. • Work with regional trail authorities to implement a comprehensive regional bike trail system to ensure Vail will be the center of a regional bike trail system connecting areas as far as Aspen, Rifle, Breckenridge, Fairplay, Kremmling, Leadville and Salida. • Create regulations that provide convenient connections between developments and bikeways. • Work with private developers to ensure all arterials in Vail have bikeways along them and that there are connections between neighborhoods. 23 • Codify and require developments to provide easements and construct connections. • Work with the Forest Service, Bureau of Land Management, Greater Outdoors Colorado, Colorado Trail and other partners to implement the Rocky Mountain trail system that provides regional connections for hiking, mountain biking and other non-motorized modes of transportation, with Vail in the center of the system. Pedestrianization • Ensure that all pedestrians have a maximum of a quarter mile. or less to walk from transit stops to major destinations. • Ensure that walking distances from residential areas to transit stops are one-sixth of a mile in high density areas (5 minute walk), one-third mile in medium density areas (10 minute walk), and a half mile in low density areas (15 minute walk). • Ensure transit and pedestrian connections are integrated into the design of development projects. • Evaluate the need for amendments to Zoning Regulations and master plans to incorporate transit oriented development and more mixed use development. • Analyze current manmade pathways and acquire easements to build legitimate pathways (including streamwalk), Transit • Annually review transit costs and parking revenue and adjust as necessary in order to maintain balance. • Provide peak time line haul service of five to eight minutes and max of 15 to 20 minutes on outlying peak service. • Ensure and plan for all major parking areas to be integrated with significant line haul transit connections. • Research feasibility of an advanced mass transit system in Vail. • Provide a max of 30 minutes to one hour off-peak service that is coordinated with expected walk times and people's ability to reach stops during both the winter and summer. • Coordinate and work with ECO Transit to ensure service can. be provided as demand is driven by Vail's aggressive parking management and travel demand management strategies. • Work with local, regional and state governments to ensure that Vail's mass transit system is interconnected to a county-wide and statewide system, including connections to Summit_ and Garfield counties. Roadway • Maintain the current Levels of Service on roads throughout the town through road improvements (LOS C in clear daytime conditions, LOS D in harsh winter conditions on arterials, LOS D at cross streets during peak times in clear daytime conditions). • Work with the Community Development Department to ensure land use patterns do not adversely affect travel demand without mitigation or no change in level of service. • Keep arterial roadway size to four lanes with a center median with a 35 mph speed limit. • Create a secondary parallel loop route to the frontage roads with two lane. 25 mph speed for emergency service. • Provide alternate routes to detours with proper signage. • Seek funding and creation of a Simba Run underpass to allow additional routes across I-70. -70 • Work with CDOT to ensure I-70 functions adequately for the movement of people and goods to and from Vail. • Participate in the I-70 Coalition to assist with solutions for traffic congestion along I-70. • Convene citizen group to work with staff on a study of I-70 and long-term mitigation of noise and intrusiveness. • Work with the Colorado Department of Transportation and other organizations to research feasibility and funding for mass transit along I-70 that provides seamless connectivity to Denver Metro System. The measurement of success would be a 60-minute trip from Vail to Denver (C-470). • Continue to improve the entrances to Vail to ensure a LOS C. 24 • Work with Eagle County and CDOT to encourage safety improvements on Vail Pass and Dowd Junction. Air Service • Encourage year-round air service with adequate year-round connections from around the world to airports in the region. • Work with ECO Airport, Grand Junction Airport, Denver International Airport and shuttle services to create plan for year-round air service that serves Vail • Support local marketing efforts to work with travel package companies to ensure that service to Vail is affordable and accessible. Goal #2: Minimize the environmental impact of the transportation system on the town and the region. Actions/Strategies • Ensure town vehicles minimize their carbon dioxide emissions by upgrading current fleet with energy efficient and low emission vehicles. • Research methods for reduced energy use in streetscape and other parts of system that have high energy consumption. • Continue to mitigate n~~ise pollution issues throughout the town through sand storage berming and other methods; work with community to create new long-term solutions for I-70 noise. • Monitor effects of air pollution from transportation sources and research potential mitigation. • Encourage the Colora~~o Department of Transportation to reduce road sanding yet maintain safety standards. • Maintain current sand sediment basins and work with CDOT to increase capacity and number of basins. • Encourage Sediment Control Action Plan (SCAP) for Vail Pass and Vail • Reduce point and non-point sources of pollution from transportation. • Work with Division of Wildlife to ensure that transportation improvements do not affect wildlife. • Enhance natural environment through initiatives to improve ecosystem health. • Respect currently adopted view corridors by encouraging development that enhances views. 25 ECONOMY The following is the strategic direction for the economy, including background information, current practices, current strategies and future goals and actions to achieve Vail's vision .and honor community values. Planning for the Future: 2020 Strategic Direction Increasing the town's capital and operational expenses, a sales tax driven economy, workforce housing needs and a seasonal economy impact the community's long-term financial health. The community's economic base is tourism, real estate, hospital and medical services, performing arts and recreation. Although recent financial performance has been favorable, the town will be challenged in future years to accommodate increasing costs for capital improvements and additional services, such as attracting and maintaining employees. Aging infrastructure and high standards for public improvements have put a strain on the capital fund, and fund revenue is not sufficient to finance estimated expenditures beyond 2008. Decisions will need to be made in the future regarding new sources of revenue and/or reduction in services. Current Situation The current economic and financial situation in the Town of Vail is as follows: • The town's four percent general sales tax is the largest single revenue source, contributing to approximately 39 percent of the town's revenue. Sales tax increased from $13.7 million in 1996 to $17.8 million in 2006, but with only modest growth from 1996 through 2001, decreases in 2002 and 2003, and recovery in 2004 through 2006. • Vail's economy is seasonal, with approximately 70 percent of its sales tax revenue generated during the winter (November through April) and 30 percent generated during the summer (May through October). • Recent sales tax statistics indicate Vail has outpaced Aspen in sales tax growth but not kept up with Winter Park, Breckenridge, Steamboat Springs and Snowmass Village. • The town's second largest revenue source, Real Estate Transfer Tax (RETT), has grown from $2.1 million in 1996 to $6.3 million in 2006. • Record levels of construction permit fees and plan review fees have been generated over the last two years. Current estimates show plans for nearly $2 billion in private sector redevelopment and approximately $15 million in public improvements over the next 10 years. Reductions in sales tax revenue in certain construction areas have been more than offset by increases in sales tax in other areas. • Other revenue sources include property tax, parking revenue, pass-through taxes from other governmental entities, lift tax, franchise fees, charges for services, rental income, fines and investment income. • The town's largest expenditure is municipal services at 66 percent of total budget. The town is supported by approximately 288 employees, of whom 217 are full-time regular employees and the remaining are part-time, seasonal and fix-term or externally funded positions. • Capital improvements are the second largest expenditure of the town and are important in maintaining the town's vision to be "the premier mountain resort community." Capital improvements are currently funded by sales tax, government grants and RETT. Current projections show that the capital fund will not be able to support capital improvements beyond 2008. • Regionally, Vail continues to struggle with providing housing for residents living and working in the town. Economically, this affects Vail as new jobs come on line and fewer employees are available to fill these jobs. • The town values its relationships with the business community and supports local and externally- owned businesses that serve Vail's residents and visitors. The town works closely with its economic partners including Vail Resorts, Inc.; Vail Valley Medica{ Center; Vail Valley Foundation; Vail Valley Partnership; Vail Chamber ~ Business Association; Eagle County School District; and Eagle County to name a few. 26 Town of Vail Major Fund Balances (as of 12/31 /06) General Fund $15.4 M Capital Project Fund $10.3 M RETT Fund $ 9.0 M Conference Center Fund $ 8.6 M Major Funds Total $43.3 Million WHERE THE MONEY GOES 2007 Budget Capital Improvements 29 unicipal Services 66 % Tawn of Vaii Municipal Services Public Works $ 6.4M 25% Vail Police & Fire $ 6.7 25% Admin Services, Risk Mgmt & Libra $ 5.4 20% Transportation & Parkin $ 4.2 16% Communit Develo ment $ 2.2 8% Public Safe Communications $ .5 2% Contributions, Marketing & Special Events $ 1.2 4% $26.6M Current Practices The following are current policies and programs used by the Vail Town Council, Town Manager and town staff to further the economic health of the Town of Vail: • To address seasonality of sales tax revenue, the Vail Local Marketing District (VLMD) was established in November 1999 to fund summer marketing programs via a 1.4 percent lodging tax, which provides approximately $1.7 million for programs to drive group business and increase visitors during the summer. • The town contributes over $1.4 million to economic vitality programs including funding for special events and operation of Vail's Visitor Information Centers. • In 2005, a tax increment financing district was created within the Vail Reinvestment Authority to provide financing for public improvements in LionsHead. • In 2006, the Vail Town Manager formed the Vail ECOnomiC Advisory Council (VEAC), a citizen's advisory group that reviews current and on-going research related to Vail's economic vitality, while acting as a sounding board on economic issues as requested by the Town Manager or Town Council • An economic development department was created in 2007 to focus on building ayear-round economy; provide direction for upgrading and maintaining Vail's capital assets; review and make recommendations regarding workforce housing and all economic related issues. • Continued support of retail including streetscape upgrades, master planning, sign code modifications and more. • Annual analysis of the 15-year capital plan to determine future capital needs and funding sources. 27 Debt Service 5% Completion of Vail Parks and Recreation Master Plan to address capital needs of Vail's recreation facilities. To address the workforce housing issue, the town created a goal of housing 30 percent of employees within the Town of Vail. The Town Council passed commercial linkage and inclusionary zoning regulations to require mitigation of employee housing for new developments and redevelopment in order to meet this goal. The town is also working on the redevelopment of Timber Ridge to generate new employee housing opportunities. Guiding Documents Annual Budget The Annual Budget serves as the financial guide for decisions about community goals, priorities, service levels and basic allocation of town services. The budget document includes information on the revenues and expenditures necessary to fund the town's operation for the fiscal period January 1 through December 31. The town's budget is adopted by the Vail Town Council yearly. It also provides a financial overview for each town department, as well as the Vail Local Marketing District and Vail Reinvestment Authority. Community Response What follows is a summary of themes identified by 20/20 participants, as well as selected findings from the 2007 Community Survey as they relate to the economy. Vail 20/20 Themes Real Estate Transfer Tax (RETT) funds were highly appreciated by both those in attendance and those who contributed via the website. Many mentioned the value of good medical facilities and the increased revenue from new/redevelopment. However, many voiced concerns about the Town's inability to fund capital projects and maintain infrastructure over time. Recommendations included reallocating the RETT funds (possibly to housing), increasing summer activities, and removing the pine beetle kill to preserve our natural beauty. Community Survey Results The top three issues identified in the 2007 Community Survey included environmental protection, addressing the pine beetle infestation and workforce housing opportunities for those who work in Vail. These issues may affect the economy in the future and the public is in favor of action to mitigate these challenges. , Economic Vision: The following represents the Vail community's vision for characteristics of the economy in Vail in the year 2020: Vail's economy is supported through ayear-round viable business environment that meets the market demands of both residents and visitors. The major redevelopment of much of the town has expanded and enhanced Vail's pedestrian and commercial core areas, which provides a strengthened tax base. A diversity of retail, lodging, dining, cultural events, service businesses and both indoor and outdoor recreation opportunities funds a growing employment and revenue base. The town's strong infrastructure, environmental stewardship and its cooperation with economic and community partners benefits Vail's financial system. Through prudent cost-management and balancing of diversified revenue sources, the' municipality has sustainable funding for its capital and operational needs. 20/20 Implementation Based on input from the community during the 20/20 process, town staff worked with the Vail Economic Advisory Council and developed the following goals and action strategies to support the vision for Vail's economy. 28 Goal #1: Increase the Town of Vail's economic activity as measured by tax revenue to, at a minimum, keep pace with annual inflation. Actions/Strategies • Support retail opportunities in Vail including completion of streetscape in Vail Village and LionsHead; modification of Vail's sign code to offer better opportunities for businesses to promote themselves; implementation of the LionsHead Master Plan; adoption and implementation of the West Vail Master Plan; and redevelopment of the LionsHead parking structure. • Benchmark local economic performance via economic and industry indicators including but not limited to the Vail Business Review, same store comparisons and the Travel and Tourism Trends Study. • Research cost and need for an Economic Vitality Study to evaluate Vail's current retail offerings, retail marketing opportunities, recommend strategies for enhancement of Vail's retail experience and better define the Town of Vail's role in economic development. • Work with Vail's economic partners, including but not limited to Vail Resorts, Inc., Vail Valley Medical Center, Eagle County School District, Vail Mountain School and others to maintain strong relationships with the town's largest economic contributors. • Continue to facilitate Vail's Billion Dollar Renewal, including re-branding of the renewal, which will generate additional economic activity and tax dollars. Goal #2: Focus on building ayear-round economy; reduce economic seasonality by growing the summer economy at a rate greater than or equal to the winter economy. Actions/Strategies • Market and promote Vail to local, regional, national and international visitors as a year-round destination. • Utilize data from the. Vail Local Marketing District and seek ways to increase summer (May-October) visitors, including group business. • Annually review funding for economic vitality programs such as Bravo!, Hot Summer Nights, Vail International Dance Festival, Street Beat Concert Series, Vail Jazz Foundation, Commission on Special Events, Visitor Information Centers and other programs. Goal #3: Maintain atown-wide workforce in which at least 30 percent of people who work in Vail also live in Vail Potential Action • Support the local economy by working with the business community to address future workforce housing needs as they relate to business in Vail. Goal #4: Identify and implement additional revenue sources to support Vail's capital needs. Potential Action • Address funding shortfalls for future capital needs through research and implementation of new revenue sources. 29 COMMUNITY DIVERSITY The following is the strategic direction for community diversity, including background information, current practices, current strategies and future goals and actions to achieve Vail's vision and honor community values. Planning for the Future: 2020 Strategic Direction Demographics will ultimately define Vail as a community in the year 2020. The current trends are cause for concern on many fronts. The continuing loss of younger residents and an increase in older residents will challenge the resort community. Vail's ability to fill jobs; service the resort; retain its public school; provide abundant and accessible cultural, recreational and educational offerings; keep "lights on" in the neighborhoods; and provide emerging civic leaders will become increasingly difficult. During the 20/20 meetings, participants expressed optimism in bucking the trend by addressing the many challenges to improve community diversity, which in turn, will contribute to a healthier resort. In particular, participants want the world to know that Vail is a genuine community with genuine people from all walks of life. It is what makes Vail a special place, which is why it is so important to preserve. History and Current Situation When Vail opened for skiing in 1962, its founders initially envisioned the birth of a European-like resort, where guests would come from all over the world to stay and play. Coincidently, a new community also grew out of the effort as builders, investors, ski instructors, hoteliers, restaurateurs, employees and other inspired believers came together to help fulfill what had seemed at first to be an insurmountable dream. The stories from those early days are fondly retold by Vail's early entrepreneurs with numerous examples of hard work, financial risk, practical jokes and camaraderie as the resort-makers worked tirelessly to get the job done. It was not until four years later that Vail began to recognize its distinctive community roots with the town's incorporation in 1966 and adoption of a Home Rule Charter in 1972. Today, with record real estate prices, changes in demographics, continued redevelopment and new job creation-all occurring in a physically land-locked location-the ability to positively impact Vail's "sense of community" while facilitating the resort's success has become a critically important balancing act for Vail's leadership. The community vision for Vail in the year 2020 is a return to the passion, inclusiveness and pride upon which Vail was founded. By the Numbers Excerpts from State of Vail 2006 Report, prepared by the Town of Vail and RRC Associates with U.S. Census Bureau data, 1990 and 2000: • Vail's current year-round population is approximately 4,800 residents. The town has about 6,400 total .housing units. The town's permanent population occupies about 2,300 housing units (37% of all units) with the remaining units vacant part of the year (about 63%); these are typically occupied by part-time (seasonal) residents. • Vail is a town with relatively small households (2.09 persons compared to the Eagle County average of 2.73), which are unlikely to contain children. Only 13% of Vail households have one or more persons under 18, compared to 35% for the county as a whole, and 46% in Eagle. The data suggests that many of Vail's former resident families as well as large segments of the local work force are now living west of Vail and commuting to work in Vail. • Vail is considerably older than most of the rest of Eagle County, with only 11 % of the population in Vail under the age of 19 (compared to 26% in the county and 32°lo in Eagle). About 21% of Vail's population was over the age of 50 in 2000 compared to 15% for Eagle County. • Vail is relatively well educated (61 % have bachelor's or higher degrees compared to the county average of 43%). • Perhaps surprisingly, Vail has lower median household incomes than the county ($56,680 in 2000 compared to $62,682 for the county). • Significantly, Vail is increasingly being influenced by the part-time resident population that dominates the community at certain times of the year. Studies indicate they may be spending more time in their Vail residence than their "primary" place of residence. In many cases, these homeowners are also 30 considering retiring to Vail. In the future, Vail will be older, more affluent and educated and even less likely to contain children if current trends continue. In conjunction with the trend of increasing part- time residents is a growing service community to support homes and residents. • Vail is the slowest growing municipality in the county, losing its population below age 45, and growing its population that is over 45. Current Practices Building Community Diversity via Infrastructure During the past decade, new facilities and amenities have been added to improve Vail's community qualities, among them: • Two childcare facilities with a combined capacity for 83 toddlers/pre-schoolers and 10 infants are flourishing. Public and private partnerships helped the Vail Child Care Center open in 2001, while operators of the Children's Garden of Learning were given a $1.5 million facility in 2005 as part of the Middle Creek Village development. • Expansion of Vail Valley Medical Center in 2001 reaffirmed the hospital's commitment to quality health care services in Vail. • Vail's affordable housing inventory increased from 122 deed-restricted units in 1996 to 625 units today, including construction of the six family-sized North Trail townhomes in 2001, acquisition of the 198-unit Timber Ridge Village Apartments in 2003 and completion of the 142-unit Middle Creek Village Apartments in 2004. • Vail added another neighborhood park with the opening of Ellefson Park in West Vail in 2000, while Buffehr Creek/Vail Commons Park was expanded during that year. • On a larger scale, Donovan Park opened in 2002 becoming Vail's second community park. The park complements Ford Park in providing additional outdoor recreation opportunities as well as an affordable meeting space at the Donovan Pavilion. • Extensions to the recreation path at Dowd Junction and from the Matterhorn neighborhood to Intermountain in 1997, as well as from Red Sandstone School east to the Main Vail roundabout in 2003, allows for 16 miles of continuous trail from Dowd Junction to East Vail. • The Vaif Memorial Park was completed in 2004 and serves to honor the lives of the many people who have helped to define Vail through the years. • The new Vail Gymnastics Center was opened in 2005 as part of amulti-tiered effort to retain and attract families in Vail • An ongoing maintenance/replacement schedule has been established for neighborhood streets, which provides for the continued upkeep and investment in the town's asset. • Expansion of the Vail Mountain School, completed in 2006, reflects the community's support of educational offerings within Vail. • In 2006, the town worked with homeowners around Stephens Park and purchased atwo-acre parcel to expand the park. Building Community Diversity via. Public Policy Public policies also have been adopted to address community needs. The Gross Residential Floor Area (GRFA) regulation was modified in 1997 to allow for interior square footage additions. In 2004 GRFA was again modified to allow additional credit for basements that are below grade. In 2007, regulations were approved to maintain workforce housing for 30 percent of Vail's new employees. Building Community Diversity via Recreation, Culture and Education There's no place like Vail when it comes to the multitude of events and activities that offer community gathering opportunities for diverse audiences, many of which are sponsored by the Vail Valley Foundation which contributes greatly to the social fabric of Vail. Among the favorites are the free Street Beat winter concert series in Vail Village, the Honda Session„ American Ski Classic, Vail Symposium Series, Taste of Vail, Vail Film Festival, Spring Back to Vail, TEVA Mountain Games, Vail Farmers' Market, free Hot Summer Nights concerts, Bravo! Vail Valley Music Festival, Vail America Days, Vail International Dance Festival, Oktoberfest, Ski Swap and town-sponsored community picnics. 31 Community Response What follows is a summary of themes identified by 20/20 participants, as well as selected findings from the 2007 Community Survey as they relate to community diversity. Vail 20/20 Process The most commonly expressed "like" within this category was the construction of Donovan Pavilion. Also near the top of the list were the community barbecues and the invitations for community feedback via forums, surveys, etc. The strongest dislikes included the lack of community diversity, the trend away from the family structure and family activities and the large percentage of part-time homeowners. Recommendations included offering more community facilities and programs that encourage people to continue living in Vail. There was strong support. of cultural facilities and programs and the revenue such programs bring to the town. However, many felt that the town lacks an indoor cultural facility as well as programming for 20-30 year olds. Among the recommendations was construction of a multi-use cultural facility that can be used year-round. Many suggested that more continuing education options be offered, and a lot of members asked-that more locals savings/discounts and family-friendly events be considered for cultural events. Community Survey Ratings of the "sense of community" showed significant erosion this year from 2005. The percentage that said things had "improved" dropped to 14 percent compared to 17 percent in 2005 and 16 percent in 2003. The percentage saying things had "gotten worse" increased to 36 percent, up slightly from 31 percent in 2003 and sharply from 21 percent in 2005. Again, this question signals a shift in the overall opinion within the community, away from the significantly more positive feelings expressed in 2005. Of the respondents who felt the sense of community had "improved," many felt it was due to the new development and revitalization, along with the actions of people within the community, and environmental related efforts. Community Diversity Vision: The following represents the Vail community's vision for characteristics of community diversity in Vail in the year 2020: Community connections are an essential part of Vail's livelihood. Vail is a close-knit and inclusive mountain community and its passion for the place is infectious. Whether a person lives, works., or visits here, there is a special bond that ties people together. This is a place where everyone is welcome and community contributions are highly valued. Vail takes great pride in celebrating its diversity and together its people appreciate the distinct recreational, cultural and educational qualities that can only be found in Vail. The community actively participates in the growing number of activities taking place in facilities that are well maintained and appeal to Vail's diverse needs. As individuals, stakeholders feel a responsibility to participate fully in the community, exchanging ideas and sharing a commitment to fulfill the collective vision in making Vait the best place on Earth. Vail is known worldwide for its innovation, civic leadership and overall best practices. For visitors and residents, there is no better place than Vail. 20/201mplementation Based on input from the community during the 20/20 process, town staff developed the following goals and action strategies to support the community diversity vision. The goals .also reflect the common themes heard from the community during the 20/20.process. Goal #1: Create opportunities for enhanced community interaction through increased activities, occasions and physical locations that bring our diverse community members together. Actions/Strategies • Retain and build upon existing activities and occasions that strengthen our community life.. • Assess existing and future community facility needs in partnership with the Vail Recreation District, Vail Valley Foundation, Vail Resorts, Eagle County School District, Vail Valley Medical Center and others. 32 Goal #2: Create opportunities to strengthen community diversity. Actions/Strategies • Embrace policies and practices that accommodate a diverse population including the town's goal to house 30 percent of the community's workforce in Vail. • Retain and recruit community institutions that strengthen our diverse community characteristics. Goal #3: Expand opportunities for effective community leadership. Actions/Strategies • Build upon Vail's ongoing reputation of responsible and effective leadership. • Increase opportunities for citizen involvement in the decision-making process. • Increase community civility in the decision-making process. • Work with community to make Vail an environmental leader. 33 PUBLIC SAFETY The following is the strategic direction for public safety, including background information, current practices, current strategies and future goals and actions to achieve Vail's vision and honor community values. Planning for the Future: 2020 Strategic Direction The town continues to look for opportunities to improve its public safety divisions including building a new fire station in West Vail to improve emergency response times in the neighborhood, plus renovation of the Main Vail fire station. Additionally, the increase in wildfire danger caused by the pine beetle outbreak poses a threat to public safety and the town is working with Local and regional partners to prepare itself and its residents in the event a wildfire occurs. Recruitment and retention of employees is increasingly difficult due to the lack of affordable housing and the high cost of living. Current Situation Vail Fire and Emergency Services (VFES) VFES is comprised of two fire stations staffed by 20 full-time employees and 12 part-time students. There are two stations, one in main Vail and the other in East Vail, with a West Vail station planned in the near future. The fleet includes three heavy engines, two ladder trucks and two brush trucks. The. department responds to all life-threatening emergencies, fires, chemical spills and natural or man-made disasters within Vail along the I-70 corridor from mile marker 171 to 190. In 2006, the department responded to 1,680 calls for service, including 624 medical calls, 30 percent of which were considered life-threatening. During peak season, call volume increases with approximately 25 calls per day. During non-peak season, the department responds to approximately five calls per day. Since 1981 the town has been working toward building a West Vail fire station but staffing costs have deterred the town from building it. Current infrastructure needs include remodeling of the Main Vail and East Vail stations, .expanding office space for inspectors and plan reviews, and a community room/training classroom. Staff for administrative functions, training officers, additional student quarters and student resident management has also been requested. Over the past seven. years, the department and adjacent municipal fire departments in Eagle County have developed and strengthened mutual-aid agreements to promote safer responses to large emergency events that may occur. It is necessary for fire departments to lift their boundaries and have the closest agency respond with a crew to an incident, while systematically bringing in additional firefighting crews if the incident grows. Fire, police and emergency medical services continually train to improve their skills and correct any deficiencies. The VFES also has mutual-aid agreements with Vail Resorts, Inc. for fire suppression on Vail Mountain and the Colorado State Patrol for hazardous materials incidents along I-70. Police Department The Police Department is staffed by a chief of police, 28 full-time sworn peace officers, four part-time officers and support personnel, including two division commanders, six sergeants, four detectives, 17 patrol officers, nine code enforcement officers, one records manager, four records technicians and one executive assistant. The Vail Public Safety Communications Center is staffed by 21 full-time communications professionals including one manager, four supervisors and 16 dispatchers. The staff holds national and state certifications in emergency medical dispatch and 9-1-1 call management. On average the communications center handles 600 phone calls and dispatches 400 responses per day. The five-year average for arrests for the department is just over 1,000 per year, with the majority of activity related to theft. In addition to regular patrols the department responds to approximately 160 calls per day. 34 Retention/Recruitment The Fire Department, Police Department and Communications Center have been working to improve retention as costs to stay competitive with other agencies increase. The town offers several rental units on a first-come, first-served basis for emergency personnel to assist with housing needs. The town also offers a training bonus for new 9-1-1 dispatchers as a recruitment incentive. Current Practices Vail Fire and Emergency Services • Recognizing the forest is one of Vail's most important assets, the town will spend nearly $1.5 million on initiatives that are part of the Town of Vail Forest Health Project through 2010. This project combines efforts among the town, Eagle County and U.S. and Colorado State Forest Service to provide funding and resources for forest health work. • While the West Vail Fire Station has been master planned to be on the Chamonix Parcel, the town is working to acquire the Wendy's parcel in West Vail to site the station.. The addition of the West Vail fire station would reduce emergency response times in the West Vail neighborhoods. Currently, VFES is evaluating levels of staffing and equipment needs for the proposed fire station. Police Department and Communications Center • Proactive patrol for speed, unsafe driving actions and noise .prohibited violations on I-70. A 65 Max traffic safety campaign on I-70 was introduced in April 2004 to reduce accidents and highway noise. • Safe Bar Campaign sending a message of responsible behavior at our bars and restaurants. • Participation in the Gore Range DUI Task Force to take intoxicated drivers off the road. • Launch of a Community Emergency Response Team (CERT) comprised of citizens to assist emergency service personnel • Public safety campaigns on July 4th and New Year's Eve, initiafed in 2001, have helped maintain a safe environment for Vail's guests during the holidays. • Video monitors were installed on Vail buses in 2002 to ensure passenger safety. • Emergency preparedness and incident command training by Vail's public safety agencies has been a priority since 9-11. • Maintain an up-to-date emergency preparedness plan to iidentify potential safety threats, as well as plan and reduce the impact of local disasters. • Practice quarterly preparedness training exercises to help develop mutual aid response skills and abilities of all town employees and community partners. • Developed a resource mobilization plan among regional Incident Management Teams. • Protect wildlife through a new Wildlife Protection Ordinance and azero-tolerance toward violators. • Upgraded current Intergraph Computer Aided Dispatch and Records Management Software to support the management and use of vast quantities of valuable data. • Designated Sergeant and Code Enforcement Officers to address construction related issues. • Combined resources with Eagle County Sheriff's Office to form a special operations unit to address high-risk situations in Eagle County. • Improved intelligence-led policing tools including access to a statewide database to increase law enforcement's impact on society's level of crime. Guiding Documents Community Wildfire Protection Plan The purpose of the Community Wildfire Protection Plan (CWPP) is to implement a seamless, coordinated effort in determining an appropriate fire management work plan within the town, complementing local agreements for wildfire protection. The plan involves implementation by the town, U.S. Forest Service and Eagle County. It also introduces the National Fire Plan to the town that includes other agencies including the Bureau of Land Management, Colorado State Forest Service, Town of Avon, Town of Basalt, Town of Eagle and Eagle County's Fire Protection Districts. 35 Emergency Evacuation Plan The town adopted an Emergency Evacuation Plan, which guides residents, employees and guests to safety through a series of public notifications, pre-established evacuation centers and more in the event of a wildfire or other incident that would require an evacuation of the town. The purpose of the evacuation plan is to educate the citizens and guests of Vail on how to respond to an emergency requiring evacuation and also serves as a guide for the town emergency responders. Town of Vail Employee Housing Policy Housing assistance is available for all town employees including public safety personal that offers interest free down payment assistant loans for home-buyers in the region. For Town of Vail employees who purchase units, there is a lottery process with critical services workers, including public safety personnel and public works employees, receiving higher priority in the process. Community Response What follows is a summary of themes identified by 20/20 participants, as well as selected findings from the 2007 Community Survey as they relate to public safety. Vail 20120 Themes Public safety was mentioned by participants in the Vail 20/20 process, specifically in relation to speed enforcement on I-70 and concerns about pine beetle and wildfire danger. Community Survey Results Community survey respondents rated Vail Fire and Emergency Services at 3.9 to 4.4 out of 5 (1 being not at all satisfied and 5 being very satisfied) for courtesy and helpfulness, response times, services and inspections to name a few. Respondents rated satisfaction with "addressing the pine beetle outbreak" at 3.2 of 5.0. Community survey respondents rated the Police Department 3.9 to 4.3 out of 5 for feeling of safety, quality of service, friendliness and visibility. Nearly 77 percent of respondents also said they were familiar with the department's efforts. to enforce the speed limit on I-70. Public Safety Vision: The following represents the Vail community's vision for characteristics of public safety in Vail in the year 2020: The Town of Vail delivers world-class emergency services that provide a safe environment that supports being the Premier Resort Community. 20/20 Implementation Based on input from the community during the 20/20 process, town staff developed the following goals and action strategies to support the community's vision for public safety. Goal #1: Identify and address potential public safety threats that may jeopardize the community's safety and security. Actions/Strategies • Identify potential immediate and future public safety threats. • Create a risk assessment of short-term and long-term public safety threats. • Identify an action plan to address immediate and future public safety threats. • Develop and practice mutual-aid responses to identified public safety threats such as the wildfire risks posed by the pine beetle and other hazardous forest fuels. • Identify short and long-term resources and staffing needed to address the public safety threats, such as the West Vail Fire Station, and collaborate regionally, wherever appropriate. • Identify an action plan to retain public safety employees, which are critical to the success of a safe, secure and customer-friendly community. • Identify the causes of public safety employees leaving the TOV and address root causes. • Identify an action plan to address substance abuse problems to reduce crime and disorder and other social issues to ensure a health community. • Work with other county agencies to prevent and address substance abuse in the community. 36 APPENDIX A: VAIL TOMORROW As Vail 20/20 is an updated version of Vail Tomorrow, it is important to understand what occurred and what the results were. Below are the values and goals statements created by Vail Tomorrow, followed by Vail Milestones, which provides a list of accomplishments since Vail Tomorrow. VAIL TOMORROW 1996 VAIL COMMUNITY VALUES RESORT AND COMMUNITY GO HAND-IN-HAND ACTIVITIES ENHANCE OUR LIVES DIVERSITY STRENGTHENS US CONNECTIONS BUILD COMMUNITY THE ENVIRONMENT DEFINES US REGIONAL PROBLEM-SOLVING WORKS BEST THE ECONOMY SUSTANNS US SAFE SURROUNDINGS PROTECT US INTELLECTUAL GROWTH. IS ESSENTIAL FOR ALL VAiL GOAL STATEMENTS NATURAL AND BUILT ENVIRONMENT We will continue to preserve and protect the ambiance, charm, warmth and natural beauty of Vail as a mountain community, focusing on both the natural and built environments and the integration of the two. AFFORDABLE HOUSING We will work to provide housing opportunities that meet the diverse needs of a diverse community. BUILDING COMMUNITY In the early days of Vail, members of the community were involved in creating the resort and community and there was a high degree of acceptance, respect and interaction. Today, there is a desire to recapture that sense of togetherness and community. We agree that we will generate more opportunities, occasions and physical locations for community interaction and to promote broader participation in our community life. We will reach out to our extended community, embrace our part-time residents, enhance communication and strengthen neighborhoods. We will look for increased social responsibility and cooperation, including more public-private partnerships. REGIONAL COOPERATION We will work to improve and increase regional collaboration, specifically on planning and transportation issues. GROWTH MANAGEMENT We will continue to direct growth to maintain our status as a world-class resort and to achieve our other community goals. ECONOMIC DIVERSITY In supporting our commitment to building community, we will work to increase our sensitivity to and respect for the essential needs and dignity of our workforce, including seasonal employees. We will work to expand the diversity of the economic base. Economic diversification will promote social and cultural diversity by creating. more and varied employment opportunities and more "rungs on the ladder" -professional growth opportunities, job satisfaction, year- round financial security and long-term housing opportunities. WORLD CLASS RESORT We recognize and agree that our natural environment, and in particular our ski mountain, is critical in making Vail a world class resort, and forms the foundation for the community that has grown up around the resort. Our goal is to preserve that critical foundation and to enhance it through diversification of overall amenities and improvement of guest and support services. FAMILY We will work to maintain and enhance our family focus in Vail, partiicularly in the areas of quality affordable health care, child care, public education and family-oriented activities. A-1 YOUTH We will work to improve education, recreation and development programs, and foster a sense of inclusion for our children and teenagers. CULTURAL AND EDUCATIONAL We will work to develop anal enhance cultural and intellectual opportunities for all ages. SAFETY AND SECURITY We will not sacrifice the safety and security that we enjoy in our community today. ACTIONS ENDORSED Affordable Housing Goal Area • Achieve a net gain in affordable housing in Vail for both seasonal. and year-round employees from 38 percent to 62 percent living in Vail who work in Vail by the year 2010. • Continue to use the Real Estate Transfer Tax for open space acquisition and improvement; a portion of it should also be considered for use for affordable housing. • Initiate Inclusionary Zoning, which includes the. requirement that affordable housing be included in a development plan in order for the proposed development, redevelopment or special development district to receive governmental approvals. • Build seasonal units over both the LionsHead and the Village parking structures. • Build employee housing on Town of Vail-owned Old Town Shops site at the west end of LionsHead between South Frontage Road and the creek. • Build seasonal housing on Vail Resorts, Inc.-owned sites such as that on South Frontage Road currently used for maintenance shops and the warehouse. • Build deed-restricted housing similar to Vail Commons in LionsHead, perhaps on sites between seasonal units and the rest of LionsHead. • Establish a Housing Trust Fund, a permanent, regionally-supported source of funds to be used specifically and solely for the purpose of creating a net increase in the availability of affordable housing in the valley. • Initiate a program within Vail to offer significant incentives for property owners who contribute to solutions to the affordable housing problem. • Encourage the Town of Vail to use all measures available to it to maintain and increase existing employee housing units. • Encourage the Town of Vail to require that Vail Resorts, Inc. set a goal of housing 62 percent of its own seasonal employees who are renters. Building Community Goal Area • initiate a "Welcome Program" for Vail newcomers. • Initiate regularly scheduled informal gatherings with elected officials. • Initiate "Getting to Know You Gatherings." • Provide motivation, encouragement and opportunities for neighborhoods to get together. • Develop a Speaker Series, creating opportunities for the community to reflect together and to promote inner personal development and foster meaningful relationships. • Develop pocket parks, small neighborhood parks with playgrounds and picnic tables. • Create amulti-purpose. building that meets community needs, serving people from all demographic groups, all ages and-full-time, part-time and seasonal residents. Natural and Built Environmental Goal Area • Conduct a Town of Vail inventory of infrastructure and natural resource carrying capacities. • Donovan Park should be used in the following way: the lower bench should be preserved as open space; the middle bench should be used for affordable housing; and the upper bench should be used for a combination of open space and affordable housing. • In lieu of withholding approvals of LionsHead redevelopment construction, the following schedule was endorsed, with emphasis on citizen involvement and technical analysis: January, 1997, LionsHead Redevelopment Master Plan process initiated; wish list development; analysis of water supply, sewer, air quality, traffic, parking, telephone lines, building codes and other energy codes and employees; two alternative plans presented to Town of Vail Council, one selected and master plan adopted, if needed; December 1997, design guidelines completed. A-2 • Review and update Town of Vail design guidelines. • Establish an energy code for Town of Vail construction/development. • Actively participate in the Town of Vail development process. • Implement incentive/certification program for energy, water, and waste management. • Enhance, improve and support clean-up events. • Complete solid waste study, ,improve recycling, encourage the reuse of building materials. • Monitor current and future land exchanges; seek appropriate zoning on lands involved in exchanges. • Continue implementation of Open Space Plan to protect neighborhood "scale" open space lands. • Solicit the support of Congress and the U.S. Forest Service to monitor and prevent any public sale of public lands to private developers. Regional Cooperation Goal Area • Create a venue to begin discussion of the issues and the opportunities related to regional cooperation. Issues that have been identified for resolution are: consolidation of emergency/other municipal services; regional marketing funding; regional housing trust funding; Berry Creek 1=fifth Filing; government interaction (i.e. Regional Cooperation Coalition/Council of Governments); transportation/trails; and open space/environment.. World Class Resort Goal Area • Initiate a Lodging Upgrade Initiative to include: a letter to property owners from the Town of Vail, Vail Associates, Board of Realtors, Vail Valley Tourism and Convention Bureau, etc., urging renovation; survey guests to determine lodging problems and priorities in upgrade programs; develop community standards for acceptable rental lodging; provide hotels and management companies with tools to encourage renovation; and, as a last resort, remove substandard units or management companies from eligibility for sale through central reservation. • Support current Guest Service Training program. Youth Goal Area • Resolve issues that surround participation at the aquatic facility in Avon. • Establish aCounty-wide Youth Task Force, directed by youth. • Pursue development of some facilities and activities identified through a survey of youth administered in area schools, such as a Water Fun Park and/or Imax facility and Under 21 Club, perhaps in concert with proposals from other Vail Tomorrow teams (Community Center). • Conduct an annual review of local education through an education summit. • Create community dialogue to respond to youth issues and facilitate communication of them to the decision- makers. • Promote growth of healthy and constructive youth culture. Additional Agreement Reached Vail Tomorrow believes that open space and affordable housing are both important to the Vail community, and that one should not be pursued at the exclusion of the other. A-3 TOWN OF VAIL COMMUNITY SURVEY 2007 RESEARCH juiy 2007 PREPARED FOR Town of Vail PREPARED BY IZIZC Associates 4940 Pearl East Circle, Suite 103 Boulder, Colorado 80301 303.449.6558 B-1 Town of Vail Community Survey 2007 Introduction Again this spring, the Town of Vail conducted a survey of full- and part-time Town residents, property owners and business owners to evaluate opinions on a variety of issues. Using survey techniques that permit comparisons to past research, the Town used a combination of telephone, mail and Web-based surveys to gather opinions from the community. The purpose of the surveys was to evaluate respondents' level of satisfaction with respect to a full range of services and to gather opinions on selected issues currently facing the Vail community. Similar questions have been posed to Vail part-time and year-round residents on an annual or semi- annual basis since 1987. Two similar telephone surveys were conducted in 2005 and 2003; comparisons to these survey results are provided where appropriate. Identical to the methods used in 2005, 2003, and 2002, the Vail Community Survey was conducted primarily by telephone this year. Copies of the survey were also made available at Town Hall to those who were not called and wanted to participate. In addition, aWeb-based survey was prepared that was identical to the mail survey and advertising was conducted to permit residents to complete the survey via the Internet. The mailback technique resulted in 11 surveys this year and the Web survey was completed by 48 respondents. The results from the Web and mail surveys were tabulated, and open-ended comments are included in the reported results, but the quantitative data were not merged with the telephone sample because these. self-selected participants could influence the validity of the randomly .generated telephone respondents. This report focuses primarily on the responses from phone survey participants but, where appropriate, comparisons to the Web/mail survey results are also noted. A random sampling of 400 households' received calls during atwo-week period between March 26th and April 14th. Responses were obtained from 300 year-round residents of Vail and 100 part-time residents. These quotas were nearly identical to those used in 2005 and 2003, permitting direct comparison with 2005 for identical questions. Selected Observations and Key Findings As noted, the inclusion of a Web/mailback version of the survey was designed to expand participation in the survey this year. Expanding the participation is particularly important because it is proving more difficult to reach Vail residents via land line phones. In part this is because there is a segment of the population that has no land line- phone and relies exclusively on cell phones. Based on the surveys we estimate this segment to be approximately 20 percent.: However, in addition, many residents simply will not answer their phones to participate in surveys, resulting in a number of call-backs in order to complete the 400 randomly sampled telephone calls. The results from the survey suggest that the overall profile of respondents is similar to past years but not identical. The phone survey respondents included 93 percent homeowners this year compared to 86 percent an the Web/mail survey and 84 percent in 2005. While all neighborhoods in Town were represented this year in the phone survey in proportions similar to 2005, the Web/mail survey had proportionally more respondents from Vail Village, Potato Patch/ ~ For the total sample size of 400 there is a margin of error of +/- 4.9 percentage points at the 95% confidence level. Town of Vail Community Survey 2007 Sandstone and fewer respondents from East and West Vail. In the most important shift, both the phone and Web/mail. surveys had more respondents that are long-time residents this year (56 percent phone and 49 percent Web/mail compared to 43 percent in 2005). Because long- timers have opinions that vary from the newer residents (particularly those that have been in Town less than 5 years) this shift needs to~ be identified at the outset of this year's analysis. The analysis which follows has attempted to dissect the results and to explain the changes in evaluations, to the extent such explanations are possible by examining survey results. The 2007 survey results indicate that attitudes toward Town government and the direction of the community are generally positive; however, there were some notable declines from 2005. Careful analysis suggests that 2005 was a bit of an anomaly; at that time there was a significant surge in positive opinions from those recorded in previous surveys (2003 and before). Results from 2007 are similar to 2003 in terms of some of the ratings and indicate that the "mood" of the Vail community has declined from the very positive levels of 2005. This year, the ratings have fallen off the highs of 2005 and there is considerably less positive response from the community concerning "excitement about redevelopment" and the "overall quality of design of new development over the past two years." The shifts in both attitudes and priorities cut across multiple questions and while they require some careful analysis to identify and explain, they are also relatively consistent throughout the survey. In short, there are differences in opinions from two years ago that are explained largely by length of time respondents have lived in or owned property in Vail, and attitudes towards the new development that is taking place. A segment of respondents have become more negative. towards development than-they were. in 2005, when the prevailing mood was one of "excitement" about the "vision for the new Vail." Conversely, the relative newcomers (less than five years in Town) are generally more positive and give higher ratings on a variety of questions including those related to development. As in past surveys, part-time residents continue to generally be more positive than full-time residents in virtually all categories of questions that involve ratings. It is important to keep this finding in mind when evaluating the survey results. Clearly, those that live in Vail full-time have different wants and needs and their ratings reflect some of these differences. Other selected findings from the 2007 study are further summarized below. The data suggest that the perceptions of community "issues" have changed. Respondents were asked to provide, in order of priority, the "two biggest issues facing the Town." This is a question that. has been asked periodically over the years in Vail in an "open-ended" format, allowing respondents to identify issues in their own words. This year, the largest percentage of respondents identified affordable or employee housing in their first choice (27 percent overall and 33 percent on the Web/mail survey). Housing was also most identified over any'other category in the top finro categories (21 percent), with similar response from full- and part-time residents. This is in contrast to 2005 when parking was identified by 21 percent of respondents overall. This year parking received about 14 percent of responses. Also, in a major shift, while the conference center was still a significant issue in the minds of residents in 2005, it was only noted by two respondents this year. • "Development" (18 percent), "growth" (8 percent) and "construction" (about 2 percent) together received about 28 percent of the mentions as the biggest issues in 2007, compared Town of Vail Community Survey 2007 to only 15 percent in 2005. While the words "development" and "growth" don't mean the same thing, they are closely related. When taken together these categories actually exceed housing as the most identified topic or set of issues in this year's survey. The reversal of housing as the top rated issue this year is in contrast to 2005 when parking was the most mentioned issue. Analyzing results from year to year indicates that the "top of mind" topics change among the Vail community. A complete list of these open- ended comments is presented verbatim in the Appendix to this report. Note that not all respondents favor doing something about a particular issue that they mention (such as affordable housing) -respondents are simply identifying it as an issue. Their responses in part indicate the visibility and press given to a particular topic. A new question this year asked respondents to prioritize a series of "issues" that have been identified as important to Vail. In contrast to the "open ended question described above, this evaluation provides another means of quantifying the relative importance of various topics to the community as a whole. The top rated topics included: environmental resources, pine beetles, parking at peak visitor periods and work force housing. Sustaining year-round tourism and construction/maintenance of infrastructure are also seen as important. In what may seem to be an inconsistency in light of the importance of workforce housing as described above under the "top two issues" question, the results concerning workforce housing are explained by the fact that while 65 percent of all respondents feel that workforce housing is very/extremely important, 18 percent feel it is relatively unimportant. Both these groups may have identified housing as an "issue" in the open-ended question described above, but they do not all agree on the importance of the issue, with a sizable segment feeling that there is too much attention being paid to this problem. In contrast, environmental resources are identified by 82 percent as very important with only 6 percent calling this issue unimportant, resulting in a higher average. These results are probed in some detail in the full report where it is evident that while there is general consistency in opinions concerning these issues among various segments of the community including year- round and part-time residents, and where people live in Town, there are pronounced differences by how long respondents have lived in Vail. Responses to several .questions provide a general assessment of overall community direction. For example, when asked if the Town is on the "right track," 58 percent responded favorably (down significantly from 70 percent in 2005 but similar to the 57 percent obtained in 2003), with 30 percent saying "wrong track," up from 19 percent in 2005 and similar to the 28 percent rating in 2003. As described further in the report, the ratings of "wrong track" were highest among those that have been residents longer than 15 years (36 percent of this group saying "wrong track" in 2007 compared to 22 percent in 2005). Relative newcomers are especially likely to feel Vail is on the "right track." Ina .question first asked in 2005, respondents were asked, "Thinking about the vision for the new Vail, and all the improvements that are occurring, how would you describe your attitude?" In 2007, about 32 percent of respondents said they were "very excited" with 23 percent "not excited." This is in sharp contrast to 2005 when 47 percent (almost half) were "very excited" and only 10 percent "not excited." We believe the change in these results, perhaps more than any others from the survey, helps to explain some of the shift in opinions on other questions such as whether Vail is on the "right track." On a more positive note, of Town of Vail Community Survey 2007 the respondents who indicated they were "very excited" about the vision for the new Vail, many cited the development and revitalization in the Village as a positive and important aspect to the Town's future. In a related question, respondents were asked about "satisfaction with the quality of the new development and redevelopment over the past three years." Again, ratings were down, with 15 percent responding "not at all satisfied" compared to 5 percent in 2005.- Once again, it is the long-term residents (15+ years in town) that are most negative, with 39 percent saying "somewhat or not at all dissatisfied" in 2007 compared to 16 percent of long-term residents i n 2005. • Interestingly, in general, residents and part-time residents are satisfied with the "management and communications" regarding new development (50 percent rated their satisfaction 4 or 5 on the 5-point scale, up slightly from 45 percent in 2005). In other words,. it is the new development itself that seems to be at issue rather than the management of the construction impacts. Ratings of the "sense of community" also showed significant erosion this year from 2005. The percentage. that said things had "improved" dropped to 14 percent compared to 17 percent in 2005 and 16 percent in 2003. The percentage saying things .had "gotten worse" increased to 36 percent, up slightly from 31 percent in 2003 and sharply from 21 percent in 2005. Again, this question signals a shift in the overall opinion within the community, away from the significantly more positive feelings expressed in 2005. Of the respondents who felt the sense of community had "improved," many felt it was due to the new development and revitalization, along with the actions of people within the community, and. environmental- related efforts. The ratings of satisfaction with Town staff are relatively high (3.5 on average on a five-point scale, down slightly from 3.7 in 2005 .and. 2003). Rafings of the Town Council have remained consistently lower than ratings of Town staff, declining over the past several years to 2.8 this year (down from 3.3 in 2000, 3.0 in 2003 and 3.1 in 2005). Results show about 22 percent rated Council a 4 or 5 on the 5-point scald ("very satisfied"), down from 32 percent in 2005. Perhaps related to community perceptions about the type and extent of new development, the Planning and Environmental Commission received an average rating of 2.8 (down from 3.1 in 2005) and the Design Review Board received a 2.7, unchanged from 2005. About 35 percent of respondents said they were "not at all satisfied" (a "1" or "2") with the Design Review Board. Once again, it is the long-time residents and year-round residents that are most likely to be negative. Further, those unhappy with new construction are especially likely to rate the various Town leaders negatively, and in contrast, relative newcomers were more positive. • The survey probes ratings of a variety of Town departments and services. While there are some minor shifts, with slightly more down than up, the overall ratings have not shown the same level of decline as in those areas highlighted above. Town of Vail Community Survey 2007 The survey also gathered open-ended comments on a variety of subjects, provided under separate cover. They contain a variety of suggestions and also provide further information that elaborates on the quantitative ratings. Examples of some of the comments are contained in the body of the report which follows. Town of Vail Community Survey 2007 Survey Overview General State of Vail Vail's "Sense of Direction." Respondents were- asked whether they felt the Town of Vail was going in the "right direction" or heading on the "wrong track." There was a significant decline in the percentage indicating that Vail was headed in the wrong direction, although the results go back to the level that was identified in 2003. This suggests that the 2005 result was something of an aberration in terms of the positive sentiment expressed,-rather than that things have really declined beyond where they have been rated in the past.. As shown below, 58 percent of respondents this year felt that the Town of Vail is "going in the right direction," down from 70 percent in 2005. Further, 30 percent of respondents this year felt Vail was "on the wrong track," compared to 19 percent in 2005 and 28 percent in 2003. WOULD YOU SAY THAT THINGS IN THE TOWN OF VAIL ARE GOING IN THE RIGHT DIRECTION, OR HAVE THEY GOTTEN OFF ON THE WRONG TRACK Right Direction , _ Wrong Track Don't Know 30% g% 2$% 12% ', .,,~;,,:~ 11% 15% 5?#% 70% 57% ®2007 2005 p 2003 0% 10% 20% 30% 40% 50% (i0% 70% 80% Percent of Respondents The results show major variation by the length of time that respondents have lived in the Town. These findings are summarized in the following graph, which shows the percent saying "wrong track" increasing from 15 percent among residents living or owning property in Vail for less than a year, versus 36 percent of those in Vail for 15 or more years. This will be a recurring theme throughout this report, with length of time in Vail highly associated with responses, and those living in Town the longest most likely to be more negative. 7 Town of Vail Community Survey 2007 WOULD YOU SAY THAT THINGS IN THE TOWN OF VAIL ARE GOING IN THE RIGHT DIRECTION, OR HAVE THEY GOTTEN OFF ON THE WRONG TRACK Respondents indicating "wrong track" by length of time lived in Vail Less than one year 1-5 6-15 15+ 15% 6% ~ 2007 p 2005 15% 18% 28% 18% 36% 22% 0% 5% 10% 15% 20% 25% 30% 35% 40% Percent Responding "Wrong Track" Sense of Community. Respondents were asked whether they feel the sense of community in the Town of Vail has improved, gotten worse or stayed the same over the past two years. This question has been asked over the past several survey periods and, as shown below, shows a significant increase in the percentage of responses saying Vail has "gotten worse" over the past two years compared to 2005, but with percentages similar to but slightly higher than in 2003. The percentage reporting that the sense of community has improved is comparable to but slightly lower than in the recent past (14 percent). The percentage reporting that the sense of community has stayed the same is lower than in any other year (45 percent, down from 53 percent in 2005 and 47 percent in 2003). OVER THE PAST TWO YEARS, HAS THE SENSE OF COMMUNITY IN THE TOWN IMPROVED, GOTTEN WORSE, OR STAYED THE SAME Improved Gotten vwrse Stayed the same Don't know/no opinion 14% 17%~ 16% 36% 21% 31% 45% 47% i ,- ~ 2007 2005 p 2003 53% 5% 9b/o 6% ~ ~ 0% 10% 20% 30% 40% 50% 60% Percentage of Respondents 8 Town of Vail Community Survey 2007 Of the respondents who felt the sense of community had increased in Vail, the new development and revitalization of the Village were named as a few specific reasons for the perceived increase, along with actions of people within the community, and environment-related efforts. A sampling of these comments (from respondents who indicated the sense of community had "improved") is listed below and the entire set can be found in the appendix. Length of time livedlowned property in Vail >15 yrs. Appreciate the commercial upgrading, and everything is good. >15 yrs. Because of redevelopment. >15 yrs. People seem friendlier, community people are getting out more. 6-15 yrs. A culture that embraces environmental and natural resource protection 6-15 yrs. I think town council has done well in revitalizing Vail Village for people instead of just tourists. While respondents who have lived in Vail for less time (five years or less) gave more positive ratings about the current sense of community, they were less likely to provide open-ended comments overall, an indication that long-time residents and property owners have more specific reasons for why they feel the sense of community has increased or decreased. When looking only at the open-ended responses from those that indicated the sense of community has "gotten worse" or "stayed the same," many mentioned the cost of living forcing locals to move out of town. They also mentioned new development and growth. A sampling of these comments is listed below: Rating of Length of time "Sense of Iivedlowned Community" property in Vail Gotten worse >15 yrs. Because of the new development. I came and all the local people are gone. The places where they went are gone. Gotten worse > 15 yrs. Everyone I know has moved or is moving Down Valley, the only ones left are not into community.- Gotten worse >15 yrs. The town councils and boards keep giving approval to the dev, and realtors formore expensive projects This is pushing the workers out and they will not come back, they are finding new lives down valley Stayed the 6-15 yrs. The absentee homeowner rate needs to be decreased, and the sense of community will same increase. To increase the sense of community within the town of Vail, it helps to have people living in the houses. Stayed the 6-15 yrs. With such a large proportion of homeowners who are not residents, there needs to be a same whole lot more communication with homeowners, residents, everybody. You can't communicate enough. Stayed the 1-5 yrs. Communication between the political side and the people. I want to see it improve. same Issues of Importance The Most Important Issues-Open Ended Comments. Respondents were asked to provide what they feel are the two biggest issues facing the Town of Vail, in a similar format to 2005, 2003 and 2002. Evaluating open-ended comments with regard to the most important issues in Town of Vail Community Survey 2007 Vail this year, the Largest percentage of respondents identified housing (21 percent) over any other category, but with higher responses identifying housing among residents (23 percent) than part-time residents (16 percent). These results are in sharp contrast to 2005 when twice as many respondents (both residents and seasonal residents) identified parking over all other issues. It is important to note that not all respondents are identifying workforce or affordable housing because they support creating more housing. Some are opposed but recognize the debate that has occurred in the past year and the press coverage of discussions at the Council level. In fact, the phone survey was conducted this year during the week following Council's passage of Code amendments to address housing. Other issues mentioned as important in 2007 included development, parking and growth, typically at levels below 2005. The Conference Center, which was an important topic in 2005, received virtually no mention this year. Likewise, I-70 had diminished in the frequency of being identified as an issue. WHAT DO YOU BELIEVE ARE THE TWO BIGGEST ISSUES, IN ORDER OF PRIORITY, FACING THE TOWN OF VAIL? Top Ten in 2007 compared to 2005 2007 2005 ISSUE TOTAL -FULL-TIME PART-TIME TOTAL FULL-TIME PART-TIME RESIDENTS RESIDENTS RESIDENTS RESIDENTS HOUSING 21% 23% 16% 10% 10% 11% DEVELOPMENT 18% 17% 19% 7% 5% 11% PARKING 13% 15% 10% 21% 20% 25% GROWTH 8°10 8% 8°10 8% 8% 8°l0 COMMUNITY 3% 4% 1% -- -- -- ENVIRONMENT 3% 4% 3% -- -- - I-70 3% 2% 4% 8% 9% 7% COST OF LIVING 3% 1% 5% 6% 5% 9% EMPLOYMENT 2% 3% 1% -- -- -- REDEVELOPMENT 2% 2% 2% -- -- -- TOWN COUNCIL 2% 3% 1% -- - -- RECREATION/PARKS 2% 2% 1 % 10% 9% 13% Other 20°10 17°!0 27% 30% 34% 16% When open-ended comments are evaluated along with responses on the "biggest issue," a more complete picture of opinions emerges. A complete list of comments has been provided under separate cover. Issues Prioritized The survey also included a second set of questions designed to probe the importance of various issues that had been identified in advance of fielding the survey. These questions, which are 10 Town of Vail Community Survey 2007 summarized in the graph below, show a clear prioritization by community members. When asked using a "1" to "5" scale the evaluation resulted in "Environmental resources" and "pine beetles" at the top of the list, followed by "parking" and "facilitating a range of housing for workforce in Vail." Measured in this way, it is clear that housing remains an important issue for a large segment of the community, but it is not nearly as dominant as when the question is asked in an "open-ended" form. As illustrated below, the responses are generally similar between year-round and part-time residents, although pine beetles, sustaining year-round tourism and recreation facilities are of particular importance to .part-time residents. Importance of Issues to the Town of Vail By Resident Status Environmental resources Pine Beetles Parking at peak visitor periods Workforce housing Sustaining year-round tourism Construction/maintenance Growlh and development Recreation facilities Fire response time/capabilities Modes of transportation ~~ I I I 1 54% 47% y ~ 50% 46°l,0 I ~ I I T 80% 82% 74% ,, ~9% ~ - I 69% I I I 64% ,~~- 66%0 I 1 I 61% 70% I I I V3 o 64% I I ~ I I I I I I I I I I I I I I I I I I 1 I I 1 I I I I I I I I I I I I I I I I I II I ®Full-time resident Parttimeresident 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% Percent Responding "F~ctremely Important" (4 or 5) As noted previously, there are differences in opinion that are partially explained by length of time living or owning in Vail. As summarized below, environmental resources and. recreation facilities are of particular importance to newcomers to Town, while long-time residents are particularly concerned with parking at peak times. Opinions of all segments are similar with respect to the importance of workforce housing, growth and development, fire response time and modes of transportation. ~~ Town of Vail Community Survey 2007 Importance of Issues to the Town of Vail By length of time lived in Vail Environmental resources Pine Beetles Parking at peak visitor periods Workforce housing Sustaining year-round tourism Construction/maintenance Growth and development Recreation facilities 45 Fire response time/capabilities Modes of transportation 33% 64% 80% ' 82% i io ~ ' 61% ' 67% 73% % 72% ~~~ -'~i° i i 67% /o i'r 3% ~ ~ ~ 67, % ', /o ~ ~ ~ ~50/¢ ®67~% 'i ~ Less than one year 1 - 5 years 6 -15 years p More than 15 years 50% ' 54%~ ,~ 42% 45°/n ~:;t_~~t 45% _ 4T% ,~- 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Percent Responding "F~ctremely Important" (4or 5) Parking Issues and Ratings Parking Pass/Value Card. About 27 percent of respondents this year indicated that they own a Parking Pass or Value Card. The vast majority of these respondents own a Value Card (62 percent}. These results are very similar to those received in 2005. Respondents were asked to rate their level of satisfaction with their Parking Pass or Value Card on a scale of "1-Not at all Satisfied" to "5-Very Satisfied." The mean rating this year was 3.3, up from 3.0 in 2005. However, as in the past, the responses varied significantly by type of pass owned. Respondents holding a Value Card rated the benefits 2.8 on average, compared to arr average rating of 3.5 by respondents holding other types of parking passes. 12 Town of Vail Community Survey 2007 Parking Ratings. Similar to previous years, ratings for parking vary significantly by issue, from an average rating of 4.5 for "availability of parking in summer" to a low of 2.4 for the "availability of parking in winter." The ratings of parking in winter were slightly changed downward from 2005 and are one of the clear areas of concern as measured through the survey. Parking fees/pricing structure also were down to 2.8 on average this year from 3.0 in 2005, and were back to levels similar to the 2.7 rating in 2003. Booth attendant courtesy have. also showed some declines over the past several years. PLEASE RATE YOUR SATISFACTION WITH PUBLIC PARKING SERVICES IN VAIL 2007 vs. 2005 and 2003 Summer Parking Availability Booth Attendant Courtesy Parking Structure Cleanliness Parking Fees/ Pricing Structure Winter Parking Availability Average Rating The telephone survey did not provide an opportunity for "`open-ended" comments regarding parking. A sampling of comments from the web/mail survey is provided below. Do you have any comments or suggestions concerning parking? Survey Method More of it ' Mail Town needs to have more outlying parking choices. Mail Parking on Frontage Rd. is acceptable when structures are full Mail Don't close the structure when the majordy of the bottom level is available, keep lines painted in order to ticket people Mail for faking two spots. Enforce the 1 car 1 space rule at least sometimes Web 1 think residents of Vail should get a break on parking fees. When applying t®r jobs or shopping in the villages, Wei $17/day is a ridiculous price to pay. This forces residents to drive to other towns to shop because no one wants to carry bags of merchandise on the bus. Also, applying for jobs usually takes more than two hours and this should not be something you have to pay to do and when trying to look nice, taking the bus is not the best option. If one person starts parking where they should not, others will follow very quickly. Web Is anything done to enforce parking between the lines in the structure? 1 always see "tips" in the paper, but never a Web response from the TOV. 13 0.0 0.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 4.5 5.0 Town of Vail Community Survey 2007 more is needed Web More parking capacity is needed in town. Web Need more. Web One problem 1 saw and was surprised it was not enforced was cars that took up two or more spots. I think it would be Web advantageous to enforce this. Parking is a mess in Vail. It makes me dislike the resort very much. 1 don't know any other resort town that has such Web parking issues as Vail Why do we have to pay for parking? Parking is a very big concern. We DO NOT have enough parking for the guests during peak periods. If you are a front Web ranger, why not stop off to ski before you get to Vail where its cheaper & parking is more abundant.. Destination guests are captive as well as locals. Also the locals used to get a much better rate for parking. The difference isn't enough forme to bother with going to get a discount parking card. Also it restricts you where you park. Once again, not enough parking for the Resort and take away from the locals again. We are beginning to wonder why we live here. Parking on the street is much cheaper than building a parking structure for those occasions when the structures are Web full. As new hotels come on more parking will be necessary. Raise the dang hour and daily rate in the structure on Friday, Saturday, and the holidays. There are too many locals Web who parkin the structure because it is affordable for them. Use parking prices to effect parking demand and availability. . SUVs and trucks that take up more than one spot need to be dealt with Web The pedestrian experience in the commercial cores is unique and fragile, and 1'd like to see it protected. If residential Web neighborhoods need more tlexibil~ty, l think that would be fine There's no monitoring of the lot at the East Vail Rec Path (railhead. Also, skiers park of the Racquet Club and in some Web of the Easf Vail condo/townhome lots. Ticketing people on the Frontage road is bad for business! Figure out asolution - we are sick of hearing about the Web problem - get a solution. Do you own a parking pass or value card this season? Survey Parking Rating Method Pass 3 1 wish there was more parking where you get value parking, because they get all filled up. the whole Phone Value Card point of buying value parking is to know that you are going to get a place that is convenient. sometimes it is not there. 3 It should be cheaper for residents. Phone Value Card 3 It's difficult to find parking many times. a lot of construction vehicles using the same spaces. .Phone Value Card 3 Machines down, need additional machines in middle of parking structure Web . Value Card 3 No parking available. Phone Value Card 3 Parking is hard to End. Phone Value Card 3 The price went up, and they restrict the slots you can use. there is not always a place to park. Phone .Value Card 3 There are only so many spots for locals.. there needs to be more parking for locals. sometimes a Phone Value Card whole parking structure is empty above. they should allow locals to park above. this is in early season and late season that it is empty. 3 Value card should be based on people working in Vail, and green card was oversold, outlying Phone Value Card parking. 3 We lost the pass, to replace is too bureaucratic. Phone Value Card 3 When you have to work on Fridays and Saturdays, the pass is no good. Phone Value Card 3 When you try to obey the laws and you make a mistake... 1 don't want to put anything in there, I Phone Value Card could get into a long dissertation. parking error, forgot to put slip on car. 1 just made an error. o~cer could have handled it better. 4 Can get parking place only if go skiing very early due to confracto-s...luse it for guests' convenience Web Value Card occasionally. 14 Town of Vail Community Survey 2007 4 I just feel that they allowed too many large construction vehicles to park for eight hours. they Phone Value Card generally would park for the full day thereby blocking up the people, preventing skiers and people who might park for a few hours. 4 I think it gets a little complicated knowing what the rules are, what levels, and when you can use Phone Value Card them and the machines you have to go through. 4 I'm not happy that 1 have fo pay for Friday, Saturday and Sunday, and holidays. Phone Value Card 4 It is a pain fo retrieve ticket for windshield. Phone Value Card 4 It would be nice if it was cheaper for semi locals and locals. if we had more parking, it wouldnY be an Phone Value Card issue. 5 They leave too many spaces for 3 hours only, which is only for shoppers and not enough for skiers. Phone Value Card allow parking at Donovan park for skiers. The web/mail survey also asked two questions regarding parking enforcement in the Town. Respondents were asked to indicate what priority they would like to see given to parking enforcement in Vail's parking structures and on the streets. Overall, 60 percent of the respondents indicated a priority rating of "4" or "5 -very high priority" for enforcement in the parking structures, while 55 percent indicated enforcement on the streets as a high or very high priority. Ratings of Satisfaction Ratings of Environmental Quality. A question was asked about satisfaction with "environmental quality in the Town of Vail." Ratings of environmental quality (air, water, etc.) in the Town were up slightly from 2005 and unchanged from 2003 (at 62 percent, up from 58 percent "very or somewhat satisfied" in 2005). Given the importance attached to environmental issues, there is probably an opportunity to try to strengthen these ratings, perhaps through a combination of actions (concerning a variety of aspects including beetles, air, water, etc.) and publicity on what the Town is doing. Also, new emphasis on "green building" by the Town and by private builders is appropriate given the high levels of interest in environnnentalism expressed through the survey and relatively low rating levels of development currently received. Overall Quality and Design of Development. Another question that was asked in the bank of questions included under Community Development in the survey concerned "overall quality and design of development over the past two years" provides insight into current satisfaction levels. As illustrated below, there were significant declines in the; ratings of quality and design, with the average rating declining from 3.6 to 3.1. In a related finding, about 32 percent called their satisfaction a "1" or "2" on the five-point scale on the phone survey, and 29 percent on the web/mail survey, down from 15 percent in 2005. Similarly, the percentage that was "somewhat/very satisfied" was down from 59 to 41 percent for the phone survey (37 percent this year on the web/mail survey). 15 Town of Vail Community Survey 2007 SATISFACTION WITH THE QUALITY OF THE NEW DEVELOPMENT AND REDEVELOPMENT OVER THE PAST THREE YEARS ~ % Responding'4 or 5 -Very Satisfied' % Responding'1 or 2 - Not at all satisfied' p Average rating 80% ~ 70% Q. 60% aNi 50% 0 40% ~ 30% 20% v 10% L a 0% 3.1 3.1 ~-------- ----------------------------------------------------- ^- ~ f i Phone 2007 Web/Mailback Phone 2005 4 3.5 3 ~ 2.~~ L 2 ~ a~ 1.5~ a 0.5 0 The Vision for the New Vail. In another question related to satisfaction, respondents were asked about the "vision for the new Vail." This is an area where major declines have occurred, with 23 percent saying they are "not at all excited" compared to 10 percent in 2005. Similarly, the percentage that are "very excited" declined from 32 percent this year, down from 47 percent in 2005. It is important to note that the overall attitudes toward development in the Town still remain positive. With one in three "very excited," and~almost half of all respondents" (45 percent) "somewhat excited," there have been downward shifts in opinion but the overall sentiment remains favorable. The survey data suggest that it is these shifts in opinion about development, overall quality and design of new development, and growth and development in general that help to explain some of the declines in ratings that are evident in this year's research. Further, as noted in several places in this report, it is long-time residents in Vail that are particularly likely to harbor these more negative feelings. Of the respondents who were "very excited" about the vision for the new Vail, many listed the new development and updates to the Village primarily as reasons for their positive attitude. Similar to the "sense of community" responses, respondents who have lived in Vail for less time (five years or less) were more excited about the vision, but were less likely to provide open- ended comments overall. A sampling of comments (from respondents who indicated they were "very excited") is listed below and the entire set can be found in the appendix. Length of time Iivedlowned properly in Vail 1-5 yrs. The new projects 1 feel are moving the town in the right direction. 1-5 yrs. The remodels are great and will put Vail back on the map. 6-15 yrs. 1 just think all the investment and all the actively is very positive. If just makes me feel good to be part of the community. 6-15 yrs. I think that there are so many outdated building that if is going to be wonderful. 6-15 yrs. If will be interesting to see how it all comes out, especially crossroads and Lionshead. 16 Town of Vail Community Survey 2007 6-15 yrs. New projects meet a green building standard >15 yrs. Excited fo keep good face for Vail, but impatient completion dates. >15 yrs. Excited, but we need fo stop now. We've done enough. > 15 yrs. Growth managing is very important. >15 yrs. 1 think they are going in a great direction if they don't overbuild, and 1 like the way they are cleaning up and renovating to make things look nicer. The parking stnucture is good, but have neglected the structure in Lionshead. >15 yrs. I'm very excited. They do need to improve transportation to and from Denver. Business needs to be somewhat affordable. >15 yrs. When everything gets done, it is going fo be great. > 15 yrs. Given the insistence on quality and responsibility, the renovation of Vail is critical to our continued success. Ratings of Town Government and Services. Similar to previous years, respondents were asked to rate their satisfaction with a variety of aspects of the Town of Vail, including Town boards and administration, the Community Development Department, the Public Works Department, police and fire services, bus service, library services, information services, and parking. Recreational services and amenities were also rated. Ratings occurred on a scale of "1-Not at all Satisfied" to "5-Very Satisfied." The following table shows the top-rated categories (average rating of 4.4 or higher) and the bottom-rated categories (average rating of 3.0 or lower) of all ratings questions. As shown, fire employees (courtesy and helpfulness and response times); bus dependability, summer parking availability; public works snow removal and frequency of the in- Town shuttle were in the highest tier of ratings. On the other end of the scale, adequacy of staffing in community development, the overall quality of design and development, parking fees/pricing, building permit reviews, parking pass/Value Card benefits, parking fees/pricing structure, building permit reviews, the Design Review Board, and winter parking availability were the lowest-rated aspects of the Town. As noted in the past, the large discrepancy between summer and winter parking availability emphasizes the difficulty in addressing the peak ski season activity in Town. These ratings are discussed in more detail below. RATE YOUR SATISFACTION WITH THE FOLLOWING, 2007 CATEGORY Average Rating (HIGH) PARKING: Summer parking availability 4.5 FIRE: Courtesy & helpfulness of firefighters 4.4 BUS: Dependability of bus service 4.4 POLICE: Overall feeling of safety and security 4.3 FIRE: Response times to basic medical emergencies and fires 4.3 PUBLIC WORKS: Snow removal on roads 4.3 BUS: Freq. of in-Town shuttle 4.3 CATEGORY Average Rating (LOW) CMTY DEV: Adequacy of staffing 3.1 CMTY DEV: Overall quality of design/development over past 2 yrs. 3.1 PARKING: Parking feesl pricing structure 2.8 CMTY DEV: Building permit review & inspections 2.8 GOVT: Current Town Council 2.8 GOVT: Planning and Environmental Commission (PEC) 2.8 GOVT: Design Review Board (DRB) 2.7 PARKING: Winter parking availability 2.4 17 Town of Vail Community Survey 2007 Town of Vail Staff, Boards and Elected Officials. Most of the Town functions showed some declines this year compared to survey results in 2005, 2003 and 2001. As summarized below, the averages and percentages of respondents rating the Town staff a 4 or 5 on the five point scale were down slightly. • Town of Vail staff continued to receive a relatively favorable rating of 3.5 on average; this was the highest of surveyed Government functions but down from 2005. The percentage of respondents rating staff a 4 or 5 declined about 10 percentage points this year (to 53 percent) comparable to ratings in 2003 (54 percent). Town Council ratings were down this year, averaging 2.8 versus 3.2 in 2005. The percentage of 4 and 5 ratings also decreased. about 10 percentage points. While the - average ratings this year were not at the levels of 2005, the percentage of 4 and 5 ratings were similar to 2003. In other words, higher ratings of Council in 2005 were further evidence that 2005 was unusual in terms of the consistently high ratings of many aspects of Vail community life. The Planning and Environmental Commission average rating was at 2.8, down from 3.1 in the previous two surveys. The 4/5 ratings were down. about 10 percent. The PEC remains a relatively low-rated board, along with the Design Review Board. We believe these ratings are related in part to the disenchantment by a segment of the community with growth, development, and the overall ratings of "quality of design and new development," although this is not a majority opinion. • The Design Review Board was again the lowest-rated Town board, averaging 2.7, comparable to 2.7 in 2005, and 2.8 in 2003. These low ratings are primarily the result of a relatively large number of "1" and "2" responses on the five-point scale (about 40 percent in both 2005 and 2007). SATISFACTION WITH TOWN OF VAIL GOVERNMENT FUNCTIONS ~ % Responding '4' or'5 -Very Satisfied' % Responding '1- Not at-all satisfied' or 2 p Average rating 90% c 80% d 0 70% d 60% 0 50% 40% d 30°10 i a 20% 10% 0% Town of Vail Sfaff Planning & Env Town Council Design Review Board ---------------- --Commission(PECr-- ---------------- ------7DR6) 3.7 3.7 3.7 -- -_ 3~--- - ---------------- ---------------- ---------------- - ---- --~-- ~- --3.1--3.1----- 3.2 3.2 3~---- --------- - 0 ~ ? $ 2.8 0 Q 2.7 2.7 ? $ - ---- ------ -- ----- - -- - -- Q----- - - ---- - - Q Q 0 0 4.5 3.5 ~ 3 ~ 2.5 ~ 2 d a 1.5 0.5 2007 2005 2003 2001 2007 2005 2003 2001 2007 2005 2003 2001 2007 2005 2003 2001 Year of Survey *Responses of "Don't Know/No Opinion" are not included in total responses when calculating percent of responses "Very Satisfied" and "Not at all Satisfied." 18 Town of Vail Community Survey 2007 Community Development. The Community Development Department was used by 26 percent of respondents, identical to the reported percentage in 2005. As summarized in the graphs below, the ratings of Community Development have shown some slippage over the past four years, with particular declines in the area of building permit reviews and inspections. In a new question this year, the adequacy of staffing was identified as a particular problem with a low 32 percent saying they are "satisfied/very satisfied." Concerns with staffing levels may help to explain some of the other ratings. For example, the ratings of the courtesy and attitude of the Community Development Department and overall service and efficiency showed declines from 2005 and 2003. Public Works. Ratings for Public Works remained high this year, ranging from 3.7 for "road and street maintenance" to 4.3 for "overall park maintenance" and "snow removal." At least 63 percent of respondents rated each Public Works service a "4" or "5 -Very Satisfied." The lowest-rated aspects of Public Works included "appearance of Town-owned. buildings" and "road maintenance." In a new question, the "adequacy of Public Works staffing" was rated "somewhat/very satisfied" by 68 percent of respondents with an average rating of 3.8. SATISFACTION WITH TOWN OF VAIL COMMUNITY DEVELOPMENT AND PUBLIC WORKS FUNCTIONS Community Development Environmental Quality in fhe T.O.V (Air, Water, Etc.) (3.6) Courtesy & Attitude (3.5) Overall Quality & Design of New Development (3.1) Overall Service & Efficiency (3.2) Adequancy of Stalling in Community Development (3.1) Building Permit Review & Inspections (2.8) Public Works Snow Removal On Roads (4.3) Park Maintenance (4.2) Cleanliness Of Ped. Villages. (4.2) Friendliness & Courtesy Of Public Works Emps (4.1) Adequacy of Staffing in Public Works (3.8) Cleanliness Of Public,Restrooms (3.8) T.O.V. Road/St Maintenance (3.8) Appearance & Condition Of Town-Owned Bidgs (3.8) 62% i i ~ - ~% «~_~ ~ ~ , ~.,._ . , ----- s3°i° ~°~ a-~, ,~ a~;~ = 4~°~ ~ ~ ~ i ~~0 ~ ®2007 28% ~ ~ ~ ~ ~ 2005 31% ~ ~ ~% a 2003 ~ ~ ° 91% ~° - - 9 0% ~ ea°i eo°i° ,9 r ~, 81°k /° ~/° ss"i° o<~° ;~ ~ ° 7~/° I r~% I rig°~, > ~ 5~ 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Percent Responding "4" or "5" 19 Town of Vait Community Survey 2007 Fire Services. Similar to past years, fire services were rated relatively high compared to most other departments and services. In general, there were slight declines from the high ratings of fire services received in 2005, but the overall ratings remained very positive with 80 percent or higher in satisfaction in most categories. The most negative aspect of fire services, and one that deserves particular attention given the importance of the issue, is "addressing the threat of wildfire from beetle-killed trees." The overall satisfaction in this category was 46 percent. About 22 percent of respondents indicated that they had used fire services within the past 12 months, up from 18 percent in 2005. This indicates that the visibility and contact with the Fire Department is increasing over time. Police Services. Police services were one area where ratings were mostly u~ from 2005. While the gains in average ratings were modest, the direction is favorable. Ratings were similar to or slightly below 2003. In the important categories of "feeling of safety and security" (with 84 percent"very/somewhat satisfied") and quality of service (75 percent), the strong majority of Vail residents are satisfied with the police services they are receiving. Open-ended comments, which are listed in full in the Appendix, provide some additional insight into the police ratings. A set of questions regarding I-70 speed enforcement were also asked again this year. Based on these questions, 77 percent of respondents were aware of the Town of Vail's efforts to enforce the speed limit on I-70, unchanged from 2005. About 48 percent indicated that the enforcement program has affected the way they drive through Vail on I-70, up from 44 percent, suggesting that the enforcement efforts have succeeded in increasing visibility. SATISFACTION WITH TOWN OF VAIL FIRE AND POLICE SERVICES Fire Courtesy & Helpfulness Of Firefighfiers (4.4) Response Time to Basic Medical Emergencies & Fires (4.3) T.O.V. Fire Dept Services (4.2) Timely Plan-Check & Fire Inspection Systems (3.9) Fire Safety, Awareness & Eduction Programs (3.9) Addressing the ThreatofWildfire from Beetle-Killed Trees (3.2) Police Feeling Of Safety & Security (4.3) Quality Of Service (4.0) Friendliness & Approachability Of Vail Police Dept Emps (3.9) Visibility Of Police Patrol (3.9) 0% 10% 20% 30°k 40% 50% 60% 70% 80% 90% 100% Percent Responding "4" or "5" 20 Town of Vail Community Survey 2007 Bus Service. Respondents are largely satisfied with Town of Vail bus service, with over 80 percent of respondents rating dependability of bus service, frequency of in-Town shuttle, driver courtesy and cleanliness of buses a "4" or "5 -Very Satisfied." The frequency of outlying service received an average rating of 3.8 this year (3.9 iri 2005), up from 3.7 in 2003. Finally, in a new question, respondents were largely satisfied with "late night bus service" (73 percent satisfied, with an average of 4.0). Crowding on buses is a relative area of weakness with 50 percent saying they are "very/somewhat satisfied," down from 59 percent in 2005. Library. Library ratings were generally positive and comparable to past years. The collection and the friendliness of staff were rated 82 percent and 78 percent respectively, about the same as in 2005. There were some specific comments regarding library services obtained through the mail/Internet survey that concern various rules and policies that deserve some attention. SATISFACTION WITH TOWN OF VAIL BUS AND LIBRARY SERVICES Bus Service Dependability Of Bus Service (4.4) Freq. Of In-Town Shuttle (4.3) Bus Driver Courtesy (4.2) Cleanliness Of Buses (4.1) Late Night Bus Service (4.0) Freq. Of Outlying Service (3.8) Crowding On Buses (3.5) Library Library Collection (hags, Books, Audio & Visual Media) (4.2) Friendliness/ Courtesy Of Library Staff (4.1) Unlimited Adventure Speaker Series (4.1) Library Story Hour (3.9) Summer Youth Festival (3.7) io -~,-~ ~o - - ~ io ~- o s3°io' - a5~o~ 80°k ~ -- ~ 730 ~ ~ 650 ' ' ~< - ~~~ 68^/0 ,,: .,. ;~ 50% ~ ~ -~ ~'. ~, 59% i ®2007 ®2005 0 2003 82% ~. ~ s4^id ~'r^io . ~ a~~o 64°ia ~ ~~ .y~ a5"/a ~~ ;,~, rr~io ~~ ---~~ 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Percent Responding "4" or "5" Recreational Programming and Facilities. Ratings this year were similar to 2005 but with slight improvement in results on two questions concerning Vail Recreation District .programming and facilities. Average satisfaction ratings were 4.0 for programming (75 percent rating it as "4" or "5 -very satisfied," up from 70 percent in 2005) and 3.9 for' facilities (74 percent rating it as "4" or 21 Town of Vail Community Survey 2007 "5 -very satisfied," up from 72 percent in 2005). Respondents to the web/mail survey were given the opportunity to rate their satisfaction of additional programs and facilities in Vail. Though based on a much smaller sample size (about 50 respondents), facilities and programs that ranked the highest included the Vail Nature Center (76 percent), recreational leagues and teams (73 percent), youth programs and activities (70 percent), and adult programs and activities (70 percent). Rated the lowest was "recreational facilities including fields, tennis courts, Dobson Arena, etc." (51 percent rating it as "4" or "5 -very satisfied"). In a new question that followed up on improvements desired, asking what priority should be placed on potential Vail Recreation District improvements, the results provide some clear priorities. In rank order, the preferences included: Recreation center/gymnasium/aquatics facility (3.4 average on a "1" to "5" scale with 52 percent rating it as "4" or "5 -very important"), followed by Ford Park reconfiguration and renovation (3.1), Dobson Ice Arena (3.0), Vail Golf Club remodel (2.8), and permanent skateboard park (2.5). These ratings should be viewed with some caution because the ratings vary by respondent segments, with particular facilities having appeal to some subgroups within the Town (golfers favor the Golf Club remodel, households with. teens favor the skatepark). Website and Internet Connectivity. Respondents were asked to rate their level of satisfaction with the Tawn of Vail website as a timely and convenient resource for government information. About 66 percent of respondents rated their satisfaction a "4" or "5- Very Satisfied," resulting in an average rating of 3.8 -statistically unchanged since 2003. In addition, web/mail survey respondents were asked about their experience using the free wireless network provided in Vail by Centurytel. Overall, 30 percent of respondents had used the wireless network, and of these respondents, 40 percent had rated it "4" or "5 -very satisfied" (average rating of 3.3). Construction Activities. Respondents were asked how satisfied they are with recent construction and redevelopment activities in the Town of Vail. Specifically, about 50 percent of respondents were "Very Satisfied" (rated 4 or 5) with the Town of Vail's management and communications concerning construction going on in Town (rated 3.5 on average). About 15 percent were dissatisfied, also unchanged from 2005. These results are interesting in that they show clearly that the management of new construction is viewed quite favorably; yet the quality and design of the new construction are viewed less favorably than in the past. Based on the survey results, and on some of the open-ended comments, it appears that changing sentiment in the Town is the result of the actual physical development that has occurred and not the inconvenience and management of the construction. 22 Town of Vail Community Survey 2007 SATISFACTION WITH TOWN OF VAIL RECREATION, WEB, AND CONSTRUCTION FUNCTIONS Recreational Programming and Facilities Recreation Programming (4.0) Recreational Facilities (3.9) Website and Connectivity T.O.V.'s Website as a Govt Info. Resource (3.8) Construction Activities T.O.V.'s Mgt & Communication Of In-Town Construction (3.5) 75°/ I I , 14 1 I I I I I I I 74% ~.; ;~ _ /o I 1 I I I I I E I I I I I I I I I I I I I 1 I I I I I I I I I 1 I I I I I I I I I I I I I I I I I I I I I I I I I 66% 671% I„ I~,~, I I I I I I I I I 1 I I I I I I I I I I I I I I I I I I I I I (~(~ f I I I I I - 2VV7 1111 I I I I I I I I I - I ~ 2V V5 53% ;:- ;~ - ~ ~~° p2003 0% 10% 20% 30% 40% 50% 60% 70% 80% Percent Responding "4" or "5" Future Direction A few questions with specific regard to Vail's future were asked.. The first asked respondents "What doesn't Vail have that you would like to see provided?" Of the open-ended comments provided, adding facilities such as a community center, recreation center, aquatic facility, or pool were mentioned the most. Increased and improved parking, affordable housing, and transportation options were also named, along with a few environmental suggestions such as improvements and expansion of the recycling system. A sampling of comments follows, along with a complete list of responses located in the Appendix to this report. Survey Method Better parking Mail Aquatic Center, qualdy building for recreation and nature activities Mail Abetter recycling system and program for residents and businesses Web I think a public activities centedgym would be nice for residents, Web More affordable and quieter housing, additional and affordable transportation options Web More affordable housing opportunities, a community center Web More focus onrecycling -have recycling containers in Village and at West Vail Strip mall Web More peak time parking. Get'em off the frontage road. It's dangerous. Web The second question asked respondents what they feel are the "two or three biggest challenges" facing the Town in the next three years. Similar to responses of the "two biggest issues facing the Town" asked earlier in the survey, workforce housing, parking, the pine beetle infestation, protecting environmental resources, and development were frequently mentioned. A 23 Town of Vail Community Survey 2007 few comments addressed the potential challenge of finding enough qualified employees to fill positions once the new development is complete. Also of concern to respondents-was keeping locals in Vail, decreasing the shift down valley, -and making it feasible for long-time residents to continue to live in Vail. A sampling of comments is listed below, and the entire list can be found in the Appendix. Survey Method Parking, housing, managing growth(needs to slow down Mail Guiding the growth of high-end development and redevelopments continuing to appeal to the resort market Mail that uses I-70 at access Vail 1. Threat of forest fire. 2. What will be the domino effects of the new high density development. 3. Access Web to quality employees not seasonal employees that don't care. Keeping aremnant oflocals-here while not looking like a wealthier Sun City. Managing highway impacts on Web environment and people. Beetle kill threats to town & environment. Keeping adequate employees and service staff living in the town. Providing affordable housing for Web residents and stop the loss to down valley communities Parking; beetle kill; affordable housing Web Preservation of the natural environment; Wildfire mitigation; Building of ever larger buildings Web Employee housing, finding employees Mail Staffing all of the development coming on line Mail 24 A Professional Corporation 2271 N. Frontage Road W. Suite C Vail, CO 81657 970/ 476-5105 FAX 970/ 47G-0710 MA@morterarchitects.com Jufy 20, 2007 Joe Suther Town of Vail Department of Community Development 75 South Frontage Road Vail, Co. RE: Orchestra Pit @ Gerald R Ford Amphitheater Vail, Colorado MORTERARCH ITECTS Dear Mr. Suther; Our client, The Vail Valley Foundation, is interested in creating an orchestra pit at the Ford Amphitheater. Attached are conceptual drawings for the proposed work which show that the proposed work is completely interior to the Amphitheater. If necessary, I would like to have apre-planning meeting to see what the Town process would be for this project. - Please contact me at your earliest convenience. l1orterarchitects. com ~~ i i t` ~{ l ~~ EKCAVATir F~QR NEB ORCFIEST'RA PIT. ~ ~ .~-~' f RiMQVE EXISTING CC3NC- Sl`1=~1 WALLS ~ ~'A(3E E3(TENSION, INSTALL NEW ..., ~ ~ _ '~ G(3NCRETE FQUNDATiON WALLS. a- ~;;~~__ STEPS FRfiM P6T LEVEL T~ GONQUCT€~R ,~ PLATFf}RM 8 UP Tfl SEATkNG LEVEL ~'%: ~. /I ~• ! ``'~ t?E; NE TRA PIT (nvt Incl. steps} .»....s ._,._ _,_.... ~ ..._.. ,.~,..~. ~ ~ +~, 37 __ J . CAPACITY ~ ~~~~ (seated ~~siclansl ,/ ~ N~ PtE1~ESTEEL@EAMANDCQLUMNS-•, `~,c~~~ ~'+~~`~ + ~1- 43' ~ ~ Y f ~~ ~~ ~ ,~~~ ~~~ PR4~PQSED c7RCHFSTFtA PIT EL. td-8187'-9' `~~ '~ .'~ ~\ ~ T ~ +T 31' f t , `~`~ ~ ,, ELE~ ~. CTI F Room i=l, +~-819$' 9" \ `~ ~~ i ~ti ~ NON [3DCR pPEN1NG, DC7£}R ~ STEPS TCt P!T LEVEL sTO~A~E cis u? C}f~C~EESTF~A ~{7 ftE~4{3E~ G ~t. F~~~ +~i~iphilhGater VAUL<Ct~~c~r~r1~ ,. ~ ~~ ~~~~T~ Mi.iib~~~~ FV f~t~Y,ih..: v~ Yw _ i, ~„ ~~~~ `~ Ct?NCEPTIJAL P'€~AfiJ ~'~,' '?~'1'Q~s , ~,~(~~ '~ ~3/'RF~'G+~iETS3TR~A Piz R~M{JI~EL G.tt. ~a~Q a.mpnit~eater v,~~~,cosorad~ ~RC~RA~~CHIT~~TS L4!lY4.iE~I V~~1-L~~ _. .. FP. ,.xr ,. ,. '. ~:.nnr~ IIHa yF a..':r Attachment D ~ BOUT41 ELEVATION Of V/" BC.ALE n•.P ~~ VAg, Inc. rLOOR PLAN w~.r • w"'t!J way v • N' ~u ®o ~~ a~ ~2. A ~~ -. s U~ w~ 0 G7 -~' ~l f. ,,, l ~~ e Propoxed Floor Plan nn.~n A2.1 0 ~® VAg, inc. ~.^ ~mn...Mu ~_ . ~..r..ro ~4L~ .~ ~ a.u.w.....~ .. s yam ~. ~ a` /c h .r 1. ti ~ v Q+ it $ ,, U .j i.. ®~ ~ F ~ N d F m Eaisdng E:tenor Elevatfonx ne~.w ~.1 ,~ eOUTN fiLEV6TION OT I/T" BC.OLE y..r ~~ vnk, m~. s,~~ ~s;,~ .. .~. ~~ ~~~. ~~ m --~--~ w b 0 a h Q ox, ~ ~~ ~U3 ~: a o> aO F V .~ ~ N ,C H a A EatednK Floor Plan ~.M L r • • ~ ~ S7tl9.b0 EX19fING FLOOR F'Ll+N .wrw.n. •~•" ~''.~ X2.1 CONDOMINIUM MAP FOR BELL TOWER. CONDOMINIUMS A PART OF LOT a, BLOCK 5-B VAIL VILLAGE FIRST FILING TOWN OF VAIL, EAGLE COUNTY, COLORADO ~, ~r ,9W AD. B. ,, . 9y,.1..,.9,..».., GORE CREEK PLAZA BUILDING (TDWN OF VAIL) A PART OFow LOT D :.,9 v .....9 .....,, .. «,9 .~ ..,,.~ ,s„I,.. ,,.,,.. ,e. =ieo~~. ~- rn ~s..m'~e... .. ~r ' W .~e.... 1.r ~i..i. ..,.m ,..w.,.,,...~.., w.....,"~Si~e,. 1y_TJzermbar .~,.. 1~„e. ..9., tau. `511...9 9=3 ~%.... \ .....'w^.,~.. 02.9 'S9" ~ ; ~ 1 ~-.Jn~Oall"~~~ 1~rM~IX N^ 622.T ' n ~ o.nnly Coreo - a„r. 29.31 colo,.ea 1..sr~1 110it ~°r~ Qp$-~ s ~ •N 30'38 T'E - ._.. ______- 29.31' ~ is.ses so rc e, a.le ~~F~sy~. pygQ3 Y9/L V.C/N/TY Mt4I BI63T pRIVE 1401 PORE CREEK ..n. .99.T..u. o.,/I~n :~,.w ~. ..e, .., NOTES I. DATE OF SWVEY~ FEBflUARY, 1998 2 ELEVATIONS B43FD ON UFPEfl EAGLE VALLEY SANITATION D19TAICT SEWED AS-BVILTS 3. S.CE.-GENERAL COMMON ELEMENT 4. L.C.E.-LIMITED COMMON ELEMENT S MONUMENTATION AS INOICATEU. 6. SEAPINGS ARE BASED DN THE SOUTH LINE OF THE NW I/9 NW 1/9 OF SECTION ] BEING 389.99'W. (SEE DRAWING 1 you w.t em.nn .nr 19 m.M"uvm .uro..9 rorr ax.. . n rae mr. n r .. w.,.9 ,~..~.. ~.. - viii i¢1.n nn~;~:~e,.~~ ~. a;.~ .. - - ~:. ge~eouau..ni/ a `1;(~~~~. Ttl .... .,....I;.fN._ao , xYUCO,o..ot~n... ume•e N•nf[1u ..L..... .r ,,. ... ..a. ..;~y _ '9,r`e=.°1+.ew.r;>Yrn~(ro.~.,.~,..ce... ~ .. ~a",`.'.Ian." ~r ~...1 :a,~,.. .....,,..,~......, cm9os -s....sun ....race .n m __ •••• SHEET I OF 3 EAGLE VALLEY SURVEYING INC., 933 9. FRONTAGE R0. WEST (TOWN OF VAIL) A PART OF LOT D -^.--J\. ABBREVIATIONS SYMBOLS LEGEND GENER4L NOTES INDEX OF DRAWINGS ~ ~ ~ ~,~•-~ .~.,.~.. n.a...~wnwi.r~w. a , .rn....Y..~ ~ ~t~.~a~-,sra~m~..r.,. --~ ,~ ~,~s...». R . ~ w.w~wua ~p p I a 4Mrwa11{M.Ar~1~1wwAMpYMwwpnplrt 41 pw1,iRMr~ w /al rpe ° w ADa. ~ '~" 'r' -, V p • L we'~ir~i~w. s ~ ~w~ :u w~a.°w~o"w ~ w ~ p' Merr w ~ '~ --/-~~.~' wwrr.rixr 4.6? vrnwwrrr~ }~ y r ~ W2i'~i'~~~r;r"T• r .r~4 a airw.ur~~sprwrwwnw rw~rprprrw~r ' ~w1 ~ ~ rr0 ^Y .ru.~a~. * Y 10~ ~ 1{pw~MIW tY A.r/~IwRt pp~y~µp~~w • IOIA/IYm~~1ww~MYrR AI~A•IM1~~M~N\~r~iMR r ~ _ ' .IIAl1A~iT ~, 1~ 1~~11~N/N~IINIIRAL~~pw~wM1/Iw~IIMwMYK 111b111M 1.1111M1~1 AI1'11~~~ ~ ~ p• Irp W RYr ~ O w0~ 1{iwllrlllprrl ~ ~ ~.Aq~~.~.y ~q~plM a~ O pWLIMww MMIY/rll~rl~ • Y M M Ilpl ~ p .ULM~MMpp1~AI II~IUIU1w ~ ~1UlpM p ~ L Mpwn~ a~y~. ~ IrMUSLL 1`w M Yh d M M p 1 ~~p/Irl~ °q ~ ~~ ~ 1• Yw ~~ y .w ~ p ~ ~ R M ~~IIY~~ ~~M111Rw ~i.WT11I! v ~ p~p~ ~ ~ rwwwww ~ 1wY1w~. YlwarrrnrA~#W4Raw+rsww MVwla srYRleuv w~a i ~p~ {pis. ~ w* wurw.w ~ ~~ ~ e g~ ~~ ~ I~ w ® rewn.~w CS i~ W ^M , W .sarra~ Q wrrrxs .. ~ .- ~ ~ wRSwir ~. tom. ;r ~~ : ~-+ sawswrnwwe~ 3 ~.. ~ ~~ ~ ~ ~ MATERIALS LECsEND GODS ANALYSIS PROJEGt DIREGtORY ~. e ~l.^ .wM w~,w.ai puae~ ~ we<~ ~. ~ rp m wm ~ y_ ~J ~ wi ~~ ~wlri M RUl fwiMl ~ ~~ C•. p°r' ~T ' e }-.-~-~-=1 ewe wp+wr ~,c:~c ~:. ~. r.uri. .wnana ~ .~r'°'w~.' ~ .~ Fcu wroa rwpp+o peeia ~. wrr• ri.. 1. gpRNGtpwr~ rll elsla~w -T~ YUI rc ~ ~ w ~~ }-a--cj air ~ ~ 7~ ~~ ~~. R'. r'w ..x jZ$ nwernpn ro~ to~r ~ nwn.s ~ ~ t..~ea gem n~ vsi +~M trriwwM T iw arMn ~ `~ ra.... T~ ~on~..su w~- i+o~ b t~wS psa~rvt ~ ws prwa nwm ...p. "°°re,u ;ap""""" ""rp w~eprer eew~w a "°' ,~ PROJECT DATUM T O PYR h G N G WINW.M t' ~ y A~annp~' S~~ ~ ~ ~ ~ Y~ ~ .yyw/I `y ~...~.~.1r rp. y .~I~Yr.~y ~.yp1p~lllw~ryp.pj~p~~.~. i~ ~ ~~ Iw1 +Y1(- ~ A Mwr rwMtsanp~ Y1R~I .M . 1W.I YW I Y lll//~~ A~YI. .Yr.f~IM~~ ~ }''~ r~Mr4i Y y1.~4~Ii~! iW.Y~l1..~ YL ~r~T iMliiMgll...MMM~~~ .p YrL I~ tir~a r1~~.~. wpin~.lr .•Y~~ M w•.~L • ~~ VAg, Inc. . ti..... . ~~~. lY~laV11~16 ~ '~ O aQ o~ a ~~ yUu ~ ~ n o ° F, V m N u .~_ a® ® ~,,, Project Index and formatio Sheet hy...w~ STU9.U0 A0.1 U c m s ca i~+ Q Bell Tower Pano's Remodel 201 Gore Creek Drive Vail, Colorado W vn,;, toy. ~..~,... M . `v ..._ Preliminary Set 06.01.0? :A Attachment B Monday, July 16, 2007 Bill Gibson AICP Planner II Town of Vail 75 South Frontage Road Vail, CO 81657. Re: Design Intent, Bell Tower Bay Windows Dear Bill: ~~ VAg, Inc. Architects & Planners Thank you for the opportunity to address our request fora "Change to the Approved Plans" with regard to the PEC and DRB for the Bell Tower Building in Vail. It is our intent that this letter will detail and clarify what we believe is the intent of this request. The Owner's and design team associated with the Bell Tower Building endeavor to re-energize the buildang through a complete, thorough and thoughtful exterior renovation of the property, as previously approved by the Town. In this effort, the Owner's are requesting a revision to the approved plan that will affect two picture/display windows on the northern (Gore Creek Drive) elevation of the property. We intend to replace the picture/display windows with large, bay display windows of a similar size and location, common throughout the village. It should be noted that these windows, while potentially encroaching on town property, are to be contained beneath an existing roof overhang and will not worsen the existing condition. We appreciate your consideration of this issue, please do not hesitate to contact us with any questions or comments. Sincerely, VAg, Inc., Architects & Planners David Baum, Senior Project Architect file: R:\OffcAdmn\Fams\ForArchitects\LetterTemplate.doc 6nzrot Physical Address: (970) 949-7034 Mailing Address: 90 Benchmark Rd., Suite 202 fax: (970) 949-8134 P.O. Box 1734 Avon, CO 81620 email: general@vagarchitects.com Vail, CO 81658-1734 B e I 11'vve r u i l i r~ ~- Y Part of Lot i4, Block 5B, Vail Village Filing 1 (201 Gore Creek .Drive) ~ -` '~ ~_ ~. Vail Town Council -August 7, 2007 - ~.. ~,:, `~~, . ~ A~ 7 .,~ tom' _ # .1s~~. t I I ~ .., '^ Vy '~~ a.;~ i >, ~ ~~ ~ ~- :'~' ~~ ~*` _ _''"",,,,''a ....tom ~' `l ~ n ~.._ .w :. ~ m tD ,,~'*~, , F ~~ I , Subject 'x~~ ~ + k "+' ,~.r .. e ~~~ _ " ~' ~ ~~ Sitc "` ~ '- '~ ' ~Y ~ tC~ ~ ^ ~" ,~, f ~ A ~ „_a, R- ' - ;-'. - t~ w, s- ' .r _ ~~ ~ ~(~, ~~ y ~ r a y .. - ~.. - y...w - -. .. "x4 ~ ~, ... _ ~` t ~.t ~ V~ ~--tom .,.. Iifi .: ~ ,, LOCATION OF ~„ ~. ~ ' ~. ~~\ , Q '~ ~ PROPOSED BAY WINDOW _. ~ - R P"~ .. ... '~~ M I s 3;i I i + w ~~ ,., ,~ , ~ ~ ~ ~ ~~ ~~ i ~~ - ~'.'~ l ', ~- a A~ ~ 'Iu ~w ~ .. . . s . ~ _ ,.~~ ~ .~.-_ ~ -~- ~ T 1 a. aLy` ~~-.. ~, b' ~f t Z g /~ ~ ~ ~ ~., ~ ism ~,. ~ icF. .i. I!E I't ~,,.... ~R .. ~`~~ '~~.. ~ C±~ !1 g" ° { ; a `t~-yt~ a!( r~`~ ti e [y.,,, ;'t ~w. ~ ti ..~' 6 ;<~.: .,~ ~ 1 ""~. .~.~. ~ £; ,.. -l,~- fiy_.rx7 'f H~~ f~j kG~I I '~ t '.u-i. V ' ~ ~~` ~.,. ;, .'~.:. tom" ,r' Y - ~ ~5''.. '~.,. ~ ... „r-~- I F.,t ~ _' ~`~ : t ~~~ky~ ~ .'~ '~, ak E~ ~ ~!< ~ a '~ ~ i. ~ :~'R ,p ~1'>~ Y :s s~l~'~ Y-. 4, t ~-Srv ~ ,~ ", r ~ ~~ A~fi3 ~ ~~ Y''~`~' Vy.t >N JCS-;1~~ ~ ~ ,yC~L `W'~,~ -~ ~ ~p~~;i: T ~$ ~rf µE', '~,ajr _ L a 1~ {lei ,~, j m~.s~ ,~, i~ iMt, ~~,'~ ~ ~ - ~r ,'{ ~ I ~ q tea . ~ ?. . ~~~ l ~,r~ ~ ~ ~ T ~a Feet This map was created by the Town of Vail GIS workgroup. Use of this map should he for general purposes only. 0 50 100 200 The Town of Vail does not warrant the accuracy of the information contained herein. (where shown, parcel line work is approximate) V. ATTACHMENTS A. Vicinity Map B. Applicant's request C. Architectural Plans D. Site photo MEMORANDUM TO: Town Council FROM: Community Development Department DATE: August 7, 2007 SUBJECT: Request to proceed through the development review process with a .proposal to construct private improvements on Town of Vail owned Gore Creek Drive Right-of-Way. Applicant: Herman Staufer, represented by Vag, Inc. Planner. Bill Gibson DESCRIPTION OF THE REQUEST Request to proceed through the development review process with a proposal to construct private improvements on Town of Vail owned property. II. SUBJECT PROPERTY The subject property is the Town of Vail owned Gore Creek Drive Right-of-Way. The property is not platted or zoned. III. BACKGROUND It is the desire of the applicant, Herman Staufer, to apply for an exterior alteration application (subject to review by the .Planning and Environmental Commission) and a design review application (subject to review by the Design Revievv Board or the Administrator) to construct two new. bay windows. at the Pano Jewelry tenant space in the Bell Tower Building. at 201 Gore Creek Drive. The proposed bay windows will replace two existing store front windows which are located along the Bell Tower Building's .southern property boundary. The two proposed bay window will extend beyond the property boundary into the Gore Creek Drive Right-of-Way by approximately one foot and three inches. A vicinity .map (Attachment. A), the applicant's request (Attachment B), architectural plans (Attachment C), and a site photo (Attachment D) have been attached for reference. The Gore Creek Drive Right-of-Way is owned by the .Town of Vail, and the Town Council serves the role. of the "property owner" for this right-of-way. Since the applicant is proposing. to construct improvements on Town of Vail property,. the applicant must first obtain the Town Council's (i.e. the °property owner's") permission to proceed through the Town's development review process. IV. STAFF RECOMMENDATION The Community Development Department recommends the Town Council grant the applicant permission to proceed through the development review process. Please be aware-that an approval of this request does not constitute an explicit approval of the proposed improvements; it only authorizes the applicants to proceed through the Town's development review process. MEMORANDUM TO: Town Council FROM: Community Development Department DATE: August 7, 2007 SUBJECT: Request to proceed through the development review process with a proposal to construct private improvements on the Town of Vail owned Tract B, Vail Lionshead Filing 2. Applicant: Becky Zyman, represented by Landscape Technology Group Planner: Bill Gibson I. DESCRIPTION OF THE REQUEST Request to proceed through the development review process with a proposal to construct private improvements on Town of Vail owned property. II. SUBJECT PROPERY The subject property is Tract B, Vail Lionshead Filing 2. The subject property is a Gore Creek stream tract zoned Natural Area Preservation District. III. BACKGROUND Some time between the fall of 1998 and the fall of 2004, the Zymans illegally constructed landscape improvements on the Town of Vail owned Tract B, Vail Lionshead Filing 2 (a Gore Creek stream tract) located adjacent to their residence at $2 West Meadow Drive. The illegal constructed improvements include boulder retaining walls that create an access path to the creek and ornamental plantings. Staff has begun code enforcement proceedings to address this illegal construction. Recently, Staff and the applicant came to a mutually agreeable resolution to the situation. The applicant has agreed to remove the illegally constructed boulder retaining walls and path, and then place those boulders in a naturalistic style along the stream tract to provide bank stabilization. The applicant has also agreed to remove the ornamental plantings from the stream tract and replace them with natural riparian vegetation. Therefore, it is the desire of the applicant, Becky Zyman, to apply for a design review application to allow for the landscape improvements on a Town of Vail owned Gore Creek stream tract (Tract B, Vail Lionshead Filing 2). A vicinity map (Attachment A), the applicant's request (Attachment B), architectural plans (Attachment C), and a site photo (Attachment D) have been attached for reference The proposed landscape improvements will be located on Tract B, Vail Lionshead Filing 2, owned by the Town of Vail. The applicant must first obtain Town Council (i.e. property owner) approval before proceeding through the Town's development review process. IV. STAFF RECOMMENDATION The Community Development Department recommends the Town Council grant the applicant permission to proceed through the development review process. Please be aware that an approval of this request does not constitute an explicit approval of the proposed improvements; it only authorizes the applicants to proceed through the Town's development review process. V. ATTACHMENTS A. Vicinity Map B. Applicant's Request C. Landscape Plan D. Site photos. `~~~ Zyman Residence i' ~ ~~~ .~-: Lot 1, Vail Village Filing 2 (82 West Meadow Drive) ; .~ , Vail Town Council -August 7, 2007 - ~~~ ~. ~.. ,• `~ ~~ - ' _ .._. .~ ~' , . ~. ~~ ~ ` e "~~.~tf r +~ . .. ..... ' s:~'•~ ti" ~.._~.. A.. w: _. ~ .. '~ e i. ,:,~,. . - ..._~,µ ~ ~c i ~: , . NF ~~ ~" ~ '.:per i.`Y.~ k ~~ ~ PT ~~d~ l '~=,4 „~' . ~ ' ^"ttw. 'rye " .. ~ rz- ~ ~~ ~ r ' ~,~ , , rt ,~ ~.: "~' ~ ~ , ~~~'~. tiro »r ~• '~^.-` . ~. 'i -,1 ,~ ~~ _ ~~„, „~~. r ~'~ Subject Site s ~ r`3;s '~, „ % ~~ ert - - A L^ ~ ~ ~~. -- ~ ~ ~ ~~ r t PMK ~'' "~~ "~'`r aO'~, .~+;~'~•`.~IC.'* ~` ,,,~~'_~^'"w~.~r~ ~'jnyS'~ Ii ~...i W 14a.. r ~-~~.; L ~ ' r is ~ ~ .r v. ' ' • ht~yf' ~~ ~' . ' 4 r . _'~~"~ - •.... ~ ~ \ ` ,~~..;~ Retaining ;~~ _,, `, r ~ ~', ~ ~ D' »'~ Wall ~~s~,,, ~ ., WTI qty Improvements :: .~' Ar ',, 1 it y,~t" ~~~ ~ '~ l c ~ ~ ,~ r` i ~ ~ ~` ~~'~ r ~'~ ~/ fi d :fat 3 1"{ .>~'~ "fvr A~wi,r,~: ~ /~ r~ a ~ H i? 1 a ~7 ~^+ ~ .~ ~ ; 4 ' 3. ~ 7~ ® Feet This map was created by the Town of Vail GIS workgroup. Use of this map shoultl be for general purposes only. ` The Town of Vail tloes not warrant the accuracy of the information contained herein. ` 0 50 100 200 (where shown, parcel line work is approximate) 07/11/2007 12:51 4046825446 ZYMAN GROUP PAGE Ql Attachment B Silvia Rebeca Zymaa 82 B West Meadow Drive Pail, CO 81657 July 11, 2007 Mr. Russ Forrest Director, Department of Community Development Town of Vail 75 South Frontage Road Vail, CO 81657 Dear Mr. Forest: I am writing this letter to ask your permission to move some of the boulders that are in our back yard that are located on town property. We would like to move them away from the creek in order to restore our back yard to its natural state and enhance the overall appeazance. I look forward to hearing from you soon. Please let me know if we can provide you with additional information or if we can assist you in any way with this request. You can reach me at 970-479-9701 or by cell at 678-296-6632. Thank you so much for your consideration. We very much appreciate it. Sincerely, ~~ ~ ~_~ Silvia Lyman bfATERiAL4 KEY Symbol YYmMd wm. YYR oD (iodd.~s I'am.~2 i'rar V~I~I IJar< Cxuadc Kntr Ral. Q Shews Ire. s 1c P.ewq~ P{~~d V~t1ve Crr»s A~~ie 6MbTINC+MATERNL5 KBY Symnd C,nwmN,me ~~ Eds;Yq Shxwc E11$IIU pm ., \ ~ 1 E~ISUmPe~n 'Ci• . I Ews~~tl r3ou,Gsh: S1rPLL51/ L~ IiI5I5~ VUI.:G PNG iYE NPSI4L !}.'PJNtE I/JU.G1:k5 fL'SL E:GISiYCC7~r;G ~! A p.P;~%G;M IJP11xA, pPSi'sF.1J Pf.2;h5 n-E NLL5IGE, p,MtfE~ Ar.EPSrFIA.FIV~Y WfCi V NLL5IGE GPPL~ (Ps `ihcwa) ~ r1.L NGV ' ~1d.111'1 I'I-PN(5 t'J B: ~M!il~Ei ~ FCv'J'v15fK'iP,AhiRFi:rP~A S1RsP,hhikPLiiO l3: Z •V;GL'G, Y// IJAnV; Y,MAr9NJ ~ P»r.~^i~;G ~Y r~r, roz ~ Wis. () St~AhhiK>s:1:EEi VJX. Q Ei~StNa.~ !!~U-GER VIPL. i0 ~i:hv A°'F'4'vtJh'AtE Lu:A'IGJ Ewsnv~ x pk~iFEK1Y,I~C L"sViE2VJ's Gl` G~ LK'sEr Ppr~o~ ~;~.PaUN i >rJrAJ~L Q+rd.},',:'I.;ifiG p.P1IJ FKJFR F J:,MA A':'/IkGpCLIFAIVPK'1F.~07 Iit;IX(AVC~ Sr,G" i:~(~3?V; ~iA; P,Y.Gr 1B, ?CG"~ C IUy. r~ ed stwJy) 'f^ ~ ~. L' • ~ .' ~ ~-6 '• .~ ~~' . .O~ ~~ (,~~. . ~ ~./' ~ . , ,~ ~a~. . Q•• n ~, w .~.~~~ ~~ • ~ '•• 1,y:1\~~~t %~/~ a, ` ~ O ., r : _ .x~ Z - s G ~~h111111,~• 1 s° r~ :~~A+ n _ I.Y ~ t~ . a ~ i ~,',~T _ -~,' J air g 4. _ ~ ~ ~~ ;,h ~ CC ~~, ~. u : rr:,,, ) kal r t l ' ~% tiC~ /~~~ ' ~V~~ iii..~~~ r © ~ W w ly ~ ~ ~ 3 V) ~ ~ o p ~ ~~a • ~ ~-~ z Q~d ~3 ~ ~~~ N ~ ~ ~ - ~, ~ i . ~ .r.•,~ -. ~, i ~ _ ~ ~~ ~ ~ 1\S~ ~~ _` LQT A axes ~ ~~ M ~~~~~~ ~ B t; 1 ,` ~ 3 ~ 1 i~ ~'~ ~ - E i ; 7 ~ ~` _~: .3 y. ~ "~ .- yr~, ~~~~~~~t p~ +? { x,,. .'~'•k; ~i~" _ ~ -~~ ~'~~Y~~~Y- r - f - 'nti .5.• I'1 ~~~'~~ ~~ ~ a... ! .. 1 - ,~ ~ ~ : _.. ~". • ~_ 'r(,a ~ fit.. 4:. H ~ ~ -."1- •i. r ~ - _ .. . H u T~ a ~' ~K.: ~, ~ 'u~ !j~" .' • , ,'i ,t• ~i4 ~, 5~~ of ~~,A~y'~4 d N' ~~~ a _.,~ e:lwi~.° ..t. f ~ .~ . ~ ~ •~_ -•>t.~0 ~ ~ '.rcNi }ice -. \ ~ ja Z j, , ~ ~ a t ~.~ k ~ r` ..«~,g~ ~ a`~ _ -' ". re ,«~ a , .+. `t •,'t1x , w ' y #•r,' r , 1 - x. ~'j~".yes • i Ier" ~. ~t ~ i ?r~~~n~l~?a w - ~~ ,l ,~- -]x Tj +~ `~~~ ~ ~a ~ "~ a 's~ ~ ~* ~"~v:' ~ ~I! `}! a ~ ~t e ~p~ ~t r~. . '~. a~~~ y~'°s,'«~~. ~" ti r,,. / ~~1`~r~1 p~,. ;l' t 1 ;.: ,i ~i T\ r '~ ~:' \ 'G~y ~ t 3~`~,\ ,, ~M~":•e ~A `~µ [":7" ~pS' r~~,., 1 x ~ ,' ~~~~~'* dirt ~~, `.f~ `~i~A~t a y r~r,,~r~,t:y ~"~,~~~ ?,ie~`Y"' h ~,~~~I ~\ ~ t \r.,s. -. ~~`.. set r yF, '~L~` i~1i`-~ d~,( ,+~Q ,.A" ~~,; ` I; 31, \l~'F~r.y.r~~f, ~1.1 '~` }` +/i^~~, ki,, r, 1 1~E S ~', .. q ~ ~ '~ r ..~A~f ~~.tt ~ .Y~1.}+r'`ta, ~, - ~ _ ` t,ti , , T ~,i !~ti i}1, ~ti • r. "1 K a - 1 C y~°i '~ •~, a.., ~. Yr ~R..' 'dap a~~ v ~ 1, L ~+a~.t ~ A j r 4 1y ~~ eti _ Y yd/~•.~@ ~,~ I•S, ~~. a,i\ti ,p~y{~.,. - ~'~ ~i j~~ ~ ~ ~ ~,`~+v;1 1 •t,~ < ~ 4 ~ 1:, ;:~1 ..sue' -~ '~~ r '~,e ,~• ~. ,L7~ 1 l~ ~"~.~ , i f r, •.~.1 2Zp, 1 t'~<I,~-:,~ ~ ` ~ \ ,r?- 1 ,',,_ -~ ~ ~~~'.~~ Y,' t r~`w I \A et i ~t~~l~j 4'fr~\l~r~t',~ \1•w t~)r: \'j~ lF F`, 1~ !~' ^l q•li~i~~/'~'~!~ r.:11~ ~~,,, ~llb~ r~. r ^'~>;~~ '> ~•.t'. ~ • ~v` S r~'~\ .. .+aRas'" ~a a)~ F~ .$~,~~ dl ~ C~,. \L'1 ~' uCr y_', r ~yi- ,~ `~' is+. ~, ~` ~~.~f6k"ir. t'. a' 'ji'ifn~ 4 i5~ Y_ ~1 ; t~ °- ` i d"t ~4 ~_ ~ ,~\ 9 • ,. ..; ~ - Y- r <~'v , r. eye. ~ ~p 1 ii , z, 1 = ~ ,:~~~ ~~ ,~t\ ct ~ ~~. ~ d,`\ t ~'r w . ~ "l 7, R' ~yl ~- _ "^.:.;,,,s-.+ef < ~ ~. •F~*~~' '~+.iW ~Q \'~~~I}'~~ i1F 1` ~`~. xi W`~~ y~~~.',\` v r~r''\ ~ r,, 1 ~', • ~e1l, r~"~ `;lt\; - A'~~'h.l ~ l -~'.i `~' ~T '4~~.4'-• ~~ ~.i-. ~j ` ~l ~ ~1i t pp~~ r ,\ y,.r ~~;r ~ \'S q~' T~.~Ih` \~ ~~.,.ISsi~. ^r\. ~~~r,~ .'~~ i,~ ~~,y a, .. -_-° w~ Au.,i yp`,~ ~ ,.. a•w't~'..> ,{ .~w'~q- 1\~I~~, ,r ~ r ,,• \ ., r "' ha .?'`. i Z . r _'~' ~~ .__ 't ~ 6 ~' + . 'tit~q~~r>'-`.•, ' :'`~~~~• d 4•' f`\. ~,\ 1,.1 n ~';~'~ ly,~~ ~~-. ~ Q~a~. ~~ ~ i,~,'r rl ~~ ! y~'Y ' G . , v -~- ~ t ±: ,i'i t .. •' ~''~ q j . ! r 1 ` ~P # r•' ; .~~ ~ ! ~ , , s~'+.., >: ,w z ~ x ,1'r y} ~7 4'i l d i~ S 1q ! ,~; ~.,~,., _ -'. ,.~''S ~ ~ ~`y `~~ ?" ~ , ~. ! f ~~ ~ "~'q~i^~r i' ~~~ ~, ii Q 1,;;,~,,~, r \ yy~, ... '~.7r '" ,.:/':i~~ ~V ~, .~ `1 i ~ry`m i;•.L~'!'~lry~, ~T! ~y~~r i +Y ~ i:~. ~,~''~~~~~ ~s ~~l.y''r~$~ r~ y:~yµ d;r~F¢~,a{ ,r, .~- NF t.~'1: r~1 _~ R - )' I.~~. E;~' ~14~-,.1 :', ~''~,•_`,~i~ -"`~~ ~~~~T~~ -_ _ ~~_ .;~ ,~ ' "c ~l ~ ~'A,~~..r'r~ _~F '~,_' b 11 r '~ ,~11` S~ p~~.• v:a,.- .T ~~y ..~ *.t~ ~t ~~• ~~ 1 i. _ _ ~- ~,~, a~+ry :';ai~s,. i 1~L,,h. ~, ,'f. r1y 'i~~__~. 1 it.T v.~l-.3..-as r,. ''~'~;1~~~F ~J,~~~(~.~~ ~a J : •'S'ty 4 -. - v". ~.q~ Tl~ry: ~1E" ~ ~y .~ ~ \ ' ~. ,~ `j - ~ ) 1 rR P C 'Y w ~.i~ .;' - ~~~~, ' . t {t^. ~.~;. r ~.'i-A~.S rt '4 ~1y Y i. ,,~-,{~~i-,-~G• ~ i^,~ ~ `~.i ~hcj ~ '`,~,~~U~ .r~. } 1 ~ a°t 0^~~~~ V ~~.L ~~~``r. y ~~ ~'9 _~ ~,, ~:rr- • . F~.'_ "°;;y, :~~,T ~'ri\*3~'",~" 0.,. 'a;~~ •T~~~` ~ t E :r, x, ~,~ a L 11~ ' tio, ~, ~llrn., a - ~ l +ti. 1'c '.. } ' r .. z ,c~~~,.e~y~_: r' ! -, ,r tF ~+a •. ~1,~'F r ~ . ~11'f ~l'~ .~T sl'-• ~ ~ 1 ~ ~; \- , ,.,. ~~.- ~ ~..r ~ ~+~ry,, !~ ' j{. ~ .~R.[~~~ ~..3' ~r r- w4 r, xi• s'i r ,lD~$ \` r_ 1'' r~'• ~` y a ' \i. ~ y ~... ~:~.°.:-., t~~yy~\; - ~,\;~ l.~y-,. ~T'~ _ l~1 :aq! ^4 rJ~Ty ~~ - : eY' S,r t1 / \K~ r't ~ f' _• •f1~,ti a • ~r tlhY ,'' ~~._".: __ r- 'f~?ti . '~-_ _.. .3"-`'- .. ~ _: -1 Y~'_ i"wl .~' t.~4 yd 9 .. - . ~..j~~..i+ ~c;y~?^a .- _ -• ~~.F.Y j' ~` C ,~~ t ~,~~' P ~ ~`... ~' T • ~~'`~: ~ i,;;~ :,:.,~ ~ _~~~r Y~' ,; V.~d, ~., . ~1 11.~:' ~ ~. ~ 4{' ~ .I~ ~ 13 ~~ti ..r),. '^ '.~ ~' ~~[r 4~"'~ti MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: August 7, 2007 SUBJECT: Second Reading of Ordinance No. 21, Series of 2007, an ordinance repealing and re-enacting Ordinance No. 5, Series of 2006, establishing Special Development District No. 39, Crossroads, and setting forth details in regard thereto. Applicant: Crossroads East One LLC, represented by Mauriello Planning Group, LLC. Planner: Warren Campbell DESCRIPTION OF THE REQUEST The applicant, Crossroads East One LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC; is requesting a second reading of Ordinance No. 21, Series of 2007, an ordinance repealing and re-enacting Ordinance No. 5, Series of 2006, establishing Special Development District No. 39, Crossroads, and setting forth details in regard thereto. The purpose of this ordinance is to increase the maximum allowable number of dwelling units from 75 to 77 dwelling units, located at 141 and 143 Meadow- Drive, and setting forth details in regard thereto. The proposed changes do not affect the approved height, bulk, mass, or setbacks for the structure, as all changes are internal to the approved structure. The staff and applicant are requesting that the Town Council listen to a presentation on the proposed ordinance and approve Ordinance No. 21, Series of 2007, upon second reading (Attachment. A). II. BACKGROUND On June 25, 2007, the Town of Vail Planning and Environmental Commission held a public hearing on a request for a major amendment to Special Development District No. 39, Crossroads. The purpose of the major amendment is to increase the maximum allowable number of dwelling units from 75 to 77 dwelling units and to address several other minor changes. Upon review of the request, the Planning and Environmental Commission voted 5-1-0 (Cleveland opposed) to forward a recommendation of approval of the request to amend Special Development District No. 39, Crossroads, to the Vail Town Council. The Commission's recommendation of approval for the major amendment includes thirteen (13) conditions of approval, as outlined in Section 4 of Ordinance No. 21, Series of 2007. The Commission's recommendation of approval includes the following findings: "That the proposal to amend Special Development District No. 39, Crossroads, complies with the nine design criteria outlined in Section 12- 9A-S of the Vail Town Code. Furthermore, the applicant has demonstrated to the satisfaction of the Commission, based upon the testimony and evidence presented during the public hearing, that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided. Lastly, the Commission finds that the request is consistent with the development goals and objectives of the Town. That the proposed gross residential floor area of 172.7% of lot area, additional thirty dwelling units over allowable (at 29.1 units per acre total) in the Commercial Service Center zone district is in conformance with applicable elements of the Vail Comprehensive Master Plan. That the development is in compliance with the purposes of the Commercial Service Center zone district, that the proposal is consistent with applicable elements of the Vail Village Master Plan, the Vail Land Use Plan, and the Vail Streetscape Master Plan, and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan." On July 17, 2007, the Vail Town Council approved Ordinance No. 21, Series of 2007, upon first reading by a vote of 6-1-0 (Foley opposed). III. STAFF RECOMMENDATION The Community Development Department recommends that the Vail Town Council approves Ordinance No. 21, Series of 2007, upon second reading. IV. ATTACHMENTS A. Ordinance 21, Series of 2007 B. Proposed Development Plans dated July 17, 2007 2 ORDINANCE N0.21 Series of 2007 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 5, SERIES. OF 2006, ESTABLISHING SPECIAL DEVELOPMENT DISTRICT N0.39, CROSSROADS, PURSUANT TO ARTICLE A, SPECIAL DEVELOPMENT (SDD) DISTRICT, CHAPTER 9, TITLE 12, ZONING TITLE, TOWN CODE OF VAIL, AND SETTING FORTH DETAILS IN REGARD .THERETO. WHEREAS, Title 12, Zoning- Title, Chapter 9, Article A, Special Development (SDD) District, Town Code of Vail establishes a procedure for amending special development districts; and WHEREAS, Crossroads East One, LLC and Crossroads West One, LLC, has submitted an application to the Town of Vail Community Development Department to amend Special Development District No. 39, Crossroads, to facilitate the redevelopment of an existing mixed use development; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on June 25, 2007, on the application to amend Special Development District No. 39, Crossroads, in accordance with the provisions of the Town Code of Vail; and WHEREAS, upon due consideration, the Planning and Environmental Commission of the Town of Vail found that the request complies with the design criteria prescribed in the Title 12, Zoning Regulations, Vail Town Code, and furthers the development objectives of the Town of Vail; and WHEREAS, the Planning and Environmental Commission ofthe Town of Vail has forwarded a recommendation of approval with conditions, by a vote of 5-1-0 of this request for a major amendment to increase the maximum number of dwelling units from 75 to 77 for Special Development District No. 39, Crossroads, to the Vail Town Council; and WHEREAS, the Vail Town Council finds that the request to amend Special Development District No. 39, Crossroads, complies with the design criteria prescribed in the Title 12, Zoning Title, Town Code of.Vail; and provides a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt Ordinance No. 21, Series of 2007, which repeals and re-enacts Ordinance No. 5, Series of 2006, which established Special Development District No. 39, Crossroads, in the Town of Vail NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. District Established Special Development District No. 39, Crossroads, is established for development on two parcels of land, legally described as Lot P and A Part of Tract C, Block 5D, Vail Village Filing 1, which comprise a total of 115,129 square feet (2.643 acres) in the Vail Village area of the Town of Vail. Said parcels may be referred to as "SDD No. 39". Special Development Ordinance No. 21, Series 2007 ~ Vail Town Council Attachment: A District No. 39 shall be reflected as such on the Official Zoning Map of the Town of Vail. The underlying zoning for Special Development District No. 39, Crossroads, shall be Commercial Service Center (CSC) District. Section 2. Special Development District No. 39, Crossroads, Approved Development Plan An approved development plan is the principal document in guiding the development, uses and activities of a special development district. The Vail Town Council finds that the Approved Development Plan for Special Development District No. 39, Crossroads, complies with each of the requirements set forth in Sections 12-9A-5 and 12-9A-6 of the Town Code of Vail. The Approved Development Plan for Special Development District No. 39, Crossroads, shall be comprised of materials submitted in accordance with Section 12-9A-5 of the Town Code of Vail and those plans prepared by Barnes Coy Architects and Davis Partnership Architects, entitled "Solaris", dated July 17, 2007, and stamped approved August 7, 2007. Section 3. Development Standards In conjunction with the Approved Development Plan described in Section 2 herein, the following development standards are hereby approved by the Vail Town Council. These standards are incorporated in the Approved Development Plan to protect the integrity of the development of Special Development District No. 39, Crossroads: The development standards for Special Development District No. 39, Crossroads, are described below: A. Permitted, Conditional, and Accessory Uses: The permitted, conditional, and accessory uses allowed in Special Development District No. 39, Crossroads, shall be those uses listed in Title 12, Chapter 7, Article E, Commercial Service Center zone district, Town Code of Vail, as may be amended from time to time. The approval of SDD No. 39 shall restrict the uses upon the plaza level tenant spaces to "retail/restaurant' uses solely and shall not be utilized for "professional offices, business offices, and studios" uses, as defined in Title 12: A professional office intended for real estate sales may be allowed on the plaza level of the building for a period of two years following the date of the issuance of a temporary certificate of occupancy or a final certificate of occupancy to allow for the sales of the on- site dwelling units and leasing of commercial spaces. No space noted as retail/restaurant space on the Approved Development Plan shall be converted to a dwelling unit. B. Lot Area: The minimum lot area for Special Development District No. 39, Crossroads, shall be 115,129 square feet (2.643 acres). C. Setbacks: The minimum setbacks for Special Development District No. 39, Crossroads, shall be as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. D. Height: The maximum allowable building height for Special Development District No. 39, Crossroads shall be ninety-nine and nine tenths feet (99.9'), and as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. Ordinance No. 21, Series 2007 2 E. Density Control: The maximum allowable .Gross Residential Floor Area (GRFA) for Special Development District No. 39, Crossroads, shall be 198,859 square feet and the maximum allowable density shall be seventy- seven (77) dwelling units, and five (5) attached accommodation units, as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. F. Site Coverage: The maximum allowable site coverage shall beninety-three and six tenths percent (93.6%) or 107,772 square feet of the total lot area, and as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. G. Landscaping and Site Development: At least twenty percent (20%) of the total site shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen (15) feet with a minimum area of not less than three hundred (300) square feet. The landscaping and site development shall be as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. H. Parking and Loading: Off street parking and loading shall be provided in accordance with title 12-10 of the Vail Town Code. At least one-half (1/2) of the required parking shall be located within the main building or buildings. The minimum number of loading and delivery bays shall be five (5), as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. Section 4. Conditions of Approval The following conditions of approval shall become part of the Town's approval of the establishment of Special Development District No. 39, Crossroads: The Developer shall address the following conditions of approval prior to appearing before the Vail Town Council for second reading of an adopting ordinance for the establishment of Special Development District No. 39, Crossroads: The Developer shall prepare a written agreement, for Town Council review and approval, outlining the responsibilities and requirements of the required offsite improvements, as indicated on the proposed Approved Development Plan. This agreement shall include, but not be limited to, all streetscape improvements along Village Center Road and East Meadow Drive, public access to the plaza for pedestrians and Town sponsored events, which may include the establishment of an easement on the plaza and language in the covenants and declarations for owners of property in the project regarding the use of the plaza for special events, inclusion of the loading and delivery facility in the overall loading and delivery system, payment of traffic impact fees and credits given to offset fee, and details for funding publicart. The Developer shall address the following conditions of approval prior to submitting a building permit application (a grading permit/excavation permit shall constitute a building permit); Ordinance No. 21, Series 2007 3 The Developer shall submit a final exterior building materials list, typical wall section, architectural specifications, and a complete color rendering for review and approval of the Design Review Board, prior to submittal of an application for a building permit. 2. The Developer shall submit a rooftop mechanical equipment plan for review and approval by the Design Review Board prior to the submittal of a building permit application. All rooftop mechanical equipment shall be incorporated into the overall design of the structure and enclosed and visually screened from public view. 3. The Developer shall receive all the required permits from the Colorado Department of Transportation (CDOT) prior to submitting for a building permit. Failure to receive the appropriate permits to access the South Frontage Road per the Approved Development Plan will require the project to return through the special development district review process. 4. The Developer shall comply with the written final comments of the Town of Vail Public Works Department outlined in the memorandum from the Town of Vail Public Works Department, dated January 16, 2006, prior to submitting an application to the Town of Vail Community Department for the issuance of a building permit for this project. 5. The Developer shall submit a written letter agreeing to install a public safety radio communications system within the subterranean parking structure which meets the specifications of the Town of Vail Communications Center. The specifications and details of this system shall be submitted to staff for review and approval with the application for a building permit. 6. The Developer shall submit a fire and life safety plan for review and approval by the Town of Vail Fire Department in conjunction with the building permit submittal. The Developer shall address the following conditions of approval prior to release of a full building permit, requesting a temporary certificate of occupancy, or a final certificate of occupancy; The Developer shall submit a comprehensive sign program for review and approval by the Design Review Board, prior to requesting a temporary certificate of occupancy, or a final certificate of occupancy. 2. The Developer shall be assessed a traffic impact fee of $6,500 per net trip increase in p.m. traffic. The traffic and trip generation report prepared by Fox Higgins Transportation Group dated June 2007, that specifically addresses the change in number of condominium units from 75 to 77, states that the net peak increase is 81 trips, 13 more trips than in the original approved traffic study dated November 2005. Since the usage of the commercial space is still influx the Public Works Department will require that a new study be performed prior to the issuance of a full building permit to address the traffic generation created by the specific tenants that will lease the commercial/retail space within the project. This change may cause the trip generation to increase. The applicant shall be responsible for mitigating the number of net peak trip increases depicted in the revised study. This. impact fee shall not be offset by any public improvements and shall be paid prior to requesting a temporary certificate of occupancy or certificate of occupancy. Ordinance No. 21, Series 2007 4 3. The Developer shall post a bond to provide financial security for 125% of the total cost of the required off-site public improvements. The bond shall be in place with the Town prior to the issuance of a temporary certificate of occupancy. This includes but is not limited to the proposed streetscape improvements. 4. The Developer shall commence initial construction of the Crossroads improvements within three years from the time of its final approval at second reading of the ordinance establishing Special Development District No. 39, and continue diligently toward the completion of the project. If the developer does not begin and diligently work toward the completion of the special development district or any stage of the special development district within the time ,limits imposed, the approval of said special development district shall be void. The Planning and Environmental Commission and Tawn Council shall review the special development district upon submittal of an application to reestablish the special development district following the procedures outlined in Section 12-9A-4, Vail Town Code. 5. Employee Housing: Crossroads shall furnish deed restricted employee housing sufficient to accommodate 22 occupants by executing appropriate restrictive covenant(s) on form(s) provided by the Town. Any dwelling unit(s) restricted shall conform to the following floor area requirements: cone-bedroom unit shall contain at least 550 sq. ft. of floor area and accommodate no more than 2 occupants; a two- bedroom unit shall contain at least 850 sq. ft. of floor area and accommodate no more than 3occupants; athree-bedroom unit shall contain at least 1,350 sq. ft. of floor area and accommodate no more than 4 occupants; and afour-bedroom unit shall contain at least 1,500 sq. ft. of floor area and accommodate no more that 5 occupants. The Town may approve minor variations in floor area when the overall intent of the floor area requirements is being met. Any deed restriction shall be for property located within the Town. Such deed restriction(s) shall be executed and provided to the Town for recording and restricted unit(s) shall be available for occupancy prior to the issuance of a temporary certificate of occupancy for the Crossroads Project or any phase thereof. Any deed restricted employee housing unit shat! comply with the standards and procedures established by the Town Zoning Regulations. 6. The approval of SDD No. 39, Crossroads, shall restrict the uses upon the plaza level tenant spaces to retail uses solely and shalt not be utilized for professional offices, business offices, and studios. The second floor retail space maybe utilized for any allowable or conditional use as listed in the Commercial .Service Center Zone District. No space noted as retail space on the Approved Development Plan shall be converted to a residential dwelling unit. Temporary real estate sales offices maybe allowed on the plaza level of retail during the first two years following the issuance of a certificate of occupancy in order to allow effective sales of dwelling units on-site. Section 5. 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 Vail 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 Ordinance No. 21, Series 2007 5 or phrases be declared invalid. Section 6. The Vail 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. The Council's finding, determination and declaration is based upon the review of the criteria prescribed by the Town Code of Vail and the evidence and testimony presented in consideration of this ordinance. Section 7. The amendment of any provision of~the Town Code 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 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 8. 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 17th day of July, 2007, and a public hearing for second reading of this Ordinance set for the 7th day of August, 2007, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vai{, Colorado. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 7th day of August, 2007. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 21, Series 2007 6 MEMORANDUM TO: Town Council FROM: Community Development Department DATE: August 7, 2007 SUBJECT:. Ordinance No. 22, Series of 2007, an ordinance amending Section 12-2-2, Definitions., and Section 12-16-7, Use Specific Criteria and Standards, Vail Town Code, to allow for amendments to the regulation of temporary business offices, and setting forth details in regard thereto. (PEC07-0040) Applicant: Vail Resorts, represented by Jay Peterson Planner: Bill Gibson I. DESCRIPTION OF THE REQUEST The applicant, Vail Resorts, is requesting a second reading of Ordinance 22, Series of 2007, an ordinance amending Section 12-2-2, Definitions, and Section 12-16-7, Use Specific Criteria and Standards, Vail Town Code, to allow for amendments to the regulation of temporary business offices, and setting forth details in regard thereto. II. BACKGROUND On November 16, 2004, the Vail Town Council adopted Ordinance No. 26, Series of 2004, to allow "Temporary Business Offices" on the first-floor of buildings within the Lionshead Mixed Use 1 District. The purpose of this ordinance is to allow existing Lionshead area office uses, which are displaced by the construction activities of redevelopment projects, to be temporarily relocated within the Lionshead area. On January 4, 2005, the Planning and Environmental Commission granted approval, with conditions, of a conditional use permit for Vail Resort's temporary business offices currently occupying the first-floor of the Treetops commercial building and the Concert Hall Plaza Building. These approvals were subject to expire on January 24, 2008. On June 11, 2007, the Planning and Environmental Commission granted extensions to these approvals, contingent upon the Vail Town Council's adoption of text amendments revising the Vail Town Code to allow for such extensions by a vote of 4-1-1. On July 9, 2007, the Planning and Environmental Commission held a public hearing to review the proposed text amendments to allow .for said extensions to the Treetops and Concert Hall Plaza temporary business office conditional use permits. The Planning and Environmental Commission forwarded a recommendation of approval, with modifications, for the proposed amendments to the Town Council by a vote of 3-2-1 (Cleveland and Jewitt opposed, Pierce recused). 1 On July 17, 2007, the Vail Town Council approved Ordinance No. 22, Series of 2007, on first reading, with a modification, by a vote of 5-2 (Newberry and Logan opposed). The Council's modification to include text limiting an extension of a temporary business office conditional use permit approval to three years has been integrated into the attached ordinance. With an amended motion, the Council also chose to retain the existing text (i.e. by use of the word "shall", not "may") that requires an annual review of all temporary business office conditional use permit approvals. Ordinance No. 22, Series of 2007, (Attachment A) has been attached for .reference. 111. STAFF RECOMMENDATION The Department of Community Development recommends the Vail Town Council approve Ordinance No. 22, Series of 2007, on second reading to amend Section 12-2- 2, Definitions, and Section 12-16-7, Use Specific Criteria and Standards, Vail Town Code, to allow for amendments to the regulation of temporary business offices, and setting forth details in regard thereto. Staffs recommendation is based upon the review of the criteria noted in Section V of the July 9, 2007, staff memorandum to the Planning and Environmental Commission and the evidence and testimony presented. Should the Town Council choose to approve Ordinance No. 22, Series of 2007, on second reading, the Department of Community Development recommends the Town Council make the following findings: "1. 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 develapment objectives of the Town based upon the review outlined in Section V of the Staff's July 9, 2007, memorandum to the Planning and Environmental Commission; and, 2. That the amendments further the general and specific purpose of the Zoning Regulations based upon the review outlined in Section V of the Staff's July 9, 2007, memorandum to the Planning and Environmental Commission; and, 3. 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 based upon the review outlined in Section V of the Staff's July 9, 2007, memorandum to the Planning and Environmental Commission. " IV. ATTACHMENTS A. Ordinance No. 22, Series of 2007 2 Attachment A ORDINANCE NO. 22 SERIES OF 2007 ORDINANCE NO. 22, SERIES OF 2007, AN ORDINANCE AMENDING SECTION 12-2-2, DEFINITIONS, AND SECTION 12-16-7, USE SPECIFIC CRITERIA AND STANDARDS, VAIL TOWN CODE, TO ALLOW FOR AMENDMENTS TO THE REGULATION OF TEMPORARY BUSINESS 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 Vail Town Code; and WHEREAS, the Planning and Environmental Commission of the Town of Vail recommended approval of these amendments at its July 9, 2007 meeting, and has submitted its recommendation to the Vail Town Council; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; and WHEREAS, the Planning. and Environmental Commission finds that the proposed 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; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt these amendments to the Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The purpose of this ordinance is to amend the time limitation requirements for temporary business offices. (Text that is to be deleted is str+s~. Text that is to be added is bold. Sections of text that are not amended may be omitted.) Ordinance No. 22, Series of 2007 Section 2. Section 12-2-2 (in part) is hereby amended as follows: ~~`€ T~11ADrl~A~V RI ICIAICC ~ C• 4n nFFinn fnr~ho nnn nl~i oncr~_6~i~inoc~ r•4 of . ~ b OFFICE, TEMPORARY BUSINESS: An office for the conduct of general business and service activities and transactions for a limited time period to accommodate the temporary displacement of an existing business office within the Town of Vail due to redevelopment construction activities. Section 3. Sub-Section 12-16-7-A (in part) is hereby amended as follows: 14. Temporary Business Offices: a. Offices for real estate agents shall be excluded. b. The storage, sale, or display of merchandise on the premises shall occupy less than ten percent (10%) of the office's floor area. c. Off street parking shall be provided in accordance with Chapter 10 of this title. d. Signage shall be provided in accordance Title 11, Sign Regulations, of this code. e. The business and service activities and transactions of a temporary business office may only be conducted for a limited time period, not to exceed three (3) years. Unless the time period is limited to a shorter duration, the approval of a conditional use permit for a temporary business office shall expire and become void within three (3) years from the initial date of approval. The Planning and Environmental Commission may grant a subsequent extension to a conditional use permit approval to allow a temporary business office to continue activities and transactions beyond the original time period limit, if the Commission determines special circumstances and/or conditions existto warrant such an extension. An extension may only be granted for the minimum time period necessary to facilitate specific redevelopment construction activities that achieve the Tawn's goals, policies, and objectives, but in no event may such an extension be allowed for more than three years. without additional review. Ordinance No. 22, Series of 2007 2 f. A conditional use permit approval for a temporary business office shall be reviewed by the Planning and Environmental Commission on an annual basis to verify the applicant's compliance with the conditions of approval Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 6. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. Ordinance No. 22, Series of 2007 3 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of July, 2007, and a public hearing for second reading of this Ordinance set for the 7th day of August, 2007, 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 7th day of August, 2007. ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 22, Series of 2007 Rodney E. Slifer, Mayor 4 RESOLUTION NO. 15 Series of 2007 A RESOLUTION APPROVING THE PURCHASE OF LAND IN THE TOWN OF VAIL COMMONLY KNOWN AS PARCEL N0.210311415019 BY THE EAGLE COUNTY ASSESSOR'S OFFICE, AND LEGALLY DESCRIBED AS PARCEL A, A RESUBDIVISION OF TRACT D, A RESUBDIVISION OF VAIL SCHONE FILING NO. 1, TOWN OF VAIL, EAGLE COUNTY, COLORADO; 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 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, the Council considers it in the interest of the public health, safety and welfare to purchase the real property and improvements thereon with the physical address of 2399 N. Frontage Road, Vail, Colorado, commonly known as Parcel No. 210311415019 by the Eagle County Assessor's Office, and legally described as Parcel A, a resubdivision of Tract D, a resubdivision of Vail Schone Filing No. 1, Town of Vail, Eagle County, Colorado (the "Property"); and WHEREAS, the Council's approval of this Resolution No. 15, Series 2007, is required to purchase the Property. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: 1. The Memorandum of Agreement to purchase the Property is hereby approved by the Council. 2. The Town Manager, Town Attorney and Town staff are authorized to take whatever steps are necessary to complete the purchase of the Property by the Town. 3. This resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 7th day of August, 2007. Rodney E. Slifer, Mayor of the Town of Vail, Colorado ATTEST: Lorelei Donaldson, Town Clerk Resolution No. 15, Series 2007 f MEMORANDUM OF AGREEMENT Town of Vail 75 South Frontage Road Vail, Colorado 81657 OWNER: CNL APF Partners, LP THIS AGREEMENT has been reached this day of , 2007, between the OWNER described above (herein the OWNER), which is the owner of record of the pazcel of land referenced herein (the "PROPERTY"), and the TOWN OF VAIL, a municipal corporation of the State of Colorado, herein referred to as the TOWN, for the conveyance by the OWNER to the TOWN of the fee interest in said PROPERTY, which is more specifically described as follows: PARCEL A, A RESUBDIVISIONOF TRACT D, A RESUBDIVISION VAIL DAS SCHONE FILING NO. 1, ACCORDING TO THE PLAT RECOREDED MARCH 26, 1987 IN BOOK 459 AT PAGE 798, COUNTY OF EAGLE, STATE OF COLORADO. The amount of money to be paid and other consideration to be given by the TOWN to the OWNER in full satisfaction of this Agreement and for the conveyance of the fee interest in said PROPERTY, which has been established in accordance with applicable state laws, and agreed upon between the TOWN and OWNER, as just compensation and fair market value, is Two Million Dollars ($2,000,000) (the "Purchase Price"). THE PARTIES HERETO FURTHER AGREE AS FOLLOWS: On November 21, 2006, the Town Council of the TOWN adopted Resolution No. 22, Series 2006, authorizing the acquisition of the PROPERTY by condemnation if necessary. The parties stipulate and agree that this Agreement is entered into and the conveyance of the PROPERTY to the TOWN is made in order to avoid condemnation. The OWNER represents and warrants that the person or persons executing this Agreement on behalf of OWNER has full right and authority to execute and deliver this Agreement, that it has all power and authority to enter into this Agreement and to perform the terms set forth herein, that it has taken all requisite action in order to authorize the same, that upon such execution and delivery this Agreement will be enforceable against OWNER in accordance with its terms, and that by entering into the Agreement and performing the obligations of OWNER to be performed hereunder, OWNER will not violate any contracts, lease, instrument or other third- party agreement to which OWNER is or may be subject. To the extent applicable, the Provisions of this Agreement shall survive the closing and the delivery of the instruments of conveyance to the PROPERTY. Notwithstanding the foregoing, the TOWN acknowledges that OWNER has informed it of the existence of the case styled Wendv Vail Partnership Ltd v CNL APF partners LP et al Eagle County District Court, State of Colorado, Civil Action No. 06-CV-545, and makes no representation as to the outcome or effect of such case. Page 1 of 5 The hour and place of closing shall be designated by the Parties hereto; provided, however, that closing will be completed within 60 days from the date hereof. Time is of the essence with respect to this Agreement. At closing, subject to payment by TOWN of the Purchase Price by federal wire transfer of immediately available funds, OWNER shall execute, acknowledge and deliver a special warranty deed to the PROPERTY to TOWN, subject to taxes and assessments for the yeaz of closing, and covenants, easements, restrictions and other encumbrances of record. TOWN shall obtain, at its sole cost and expense, any title commitment, title policy or survey it deems necessary. TOWN shall pay any costs incurred for escrow and closing service, any recording fees, transfer taxes, documentary fees, or other costs and charges which may be incurred in connection with the transaction contemplated by this Agreement. The PROPERTY is sold by OWNER and acquired by TOWN "As-Is, Where-Is, With All Faults" with no right of set-off or reduction in the Purchase Price, and such sale shall be without representation or warranties, express or implied, either oral or written, made by OWNER or any agent or representative of OWNER with respect to the physical or structural condition of the PROPERTY, or with respect to the existence or absence of petroleum, hazardous substances, pollutants or contaminants in, on, under, or affecting the PROPERTY or with respect to the compliance of the PROPERTY or its operation with any laws, ordinances or regulations of any government or other body. The TOWN acknowledges and agrees that OWNER has not made and does not make any representations, warranties or covenants of any kind or character whatsoever, whether express or implied, with respect to warranty of income potential, operating expenses, uses, habitability, tenant ability, or suitability for any purpose, merchantability, or fitness of the PROPERTY for a particulaz purpose, all of which warranties OWNER hereby expressly disclaims. The TOWN is relying entirely upon information and knowledge obtained from its own investigation, experience, or personal inspection of the PROPERTY, including but not limited to environmental and other information it obtained as part of its investigation and analysis of the PROPERTY prior to entering into this Agreement. No statements of fact or disclosures, if any, made in this Agreement or in connection with this Agreement, constitute warranties or representations of any nature. OWNER does not warrant the accuracy of any record, document or information made available to TOWN or any of the records or documents. Further, it is agreed that the TOWN is responsible for its own, due diligence despite receiving information and documentation relating to the PROPERTY from OWNER. The TOWN agrees that the TOWN shall independently verify information provided by OWNER, if any, and the TOWN releases OWNER from any and all liability, damages and claims associated with the TOWN's reliance thereon. The foregoing provision shall survive Closing and shall not be deemed merged into any instrument of conveyance delivered at Closing. This Agreement embodies the whole agreement between the parties hereto, and there are no promises, terms, conditions, or obligations referring to the subject matter hereof, other than as herein contained. This Agreement shall be deemed a contract extending to and binding upon the parties hereto, and upon their respective heirs, devisees, executors, administrators, legal representative, successors and assigns, but only when the same shall have been approved on behalf of the TOWN by the its authorized representative and attested to by the Town Clerk, with authority from Town Council. Page 2 of 5 This Agreement shall be interpreted and enforced under the laws and judicial decisions of the State of Colorado. Should the OWNER fail to convey the fee interest in the PROPERTY pursuant to, and in accordance with this Agreement, the Town may, at its sole discretion, consider this Agreement terminated and file an action in condemnation to acquire any necessary property interest through the exercise of its eminent dor ~in authority. The Town waives any right it may otherwise have to recover damages from ~° ER. Agreement maybe executed in any number of counterparts, each of which shall be an original, but f 4 hich together shall constitute one instrument. Delivery of a executed copy of this Agreement by ~:,sim~e transmission shall constitute effective and binding execution and delivery of this Agreement. ~'' ~ party shall record this Agreement. ~s otherwise specified, in computing any period of time described in this Agreement, the day of the - - ~:F-y event after which the designated period of time begins to run is not to be included and the last day period so computed is to be included, unless such last day is not a Business Day, in which event ~d shall run until the end of the next day which is a Business Day. As used herein, the term `,3usa~~ s Day" means any day that is not a Saturday, Sunday or legal holiday for national banks in the Sty *A of Colorado. SIGNATURES APPEAR ON FOLLOWING PAGES Page 3 of 5 CNL APF PARTNERS, LP, a Delaware limited partnership By: CNL APF GP, LLC, a Delawaze limited liability company its sole general partner i, ,~ Name: Title. uthorized Signatory Page 4 of 5 TOWN OF VAIL, a municipal corporation of the State of Colorado (SEAL) ATTEST: Lorelei Donaldson, Town Clerk fb.ns.2054545.03 By: Stanley Zemler, Town Manager Page 5 of 5 RESOLUTION NO. 16 Series of 2007 A RESOLUTION ADOPTING AN AMENDNMENT TO THE PROTECTIVE COVENANTS OF VAIULIONSHEAD, SECOND FILING; DELETING ALL REFERENCES TO AN "ARCHITECTURAL CONTROL COMMITTEE;" AND SETTING FOR 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 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 October 15, 1971, Vait Associates, Inc. ("VAI"), recorded the "Protective Covenants of Vail/Lionshead, Second Filing, Eagle County, Colorado," at book 221, Page 989, of the real property records of Eagle County, Colorado (the "Protective Covenants"); and WHEREAS, pursuant to Section 1 of the Protective Covenants, VAI was to establish an "Architectural Control Committee" to perform certain functions with regard to any proposed improvements within the area described in the plat of Vail/Lionshead Second Filing; and WHEREAS, it appears that no such Architectural Control Committee was formed, and if was formed, it has not been in existence for over thirty (30) years; and WHEREAS, the Council believes that, because the Town of has its own development review process and zoning regulations which appropriately control and regulate development within the Town, it is in the public interest to amend obsolete covenants that cannot possibly be complied with; and WHEREAS, pursuant to Section 18 of the Protective Covenants, the Protective Covenants may be amended by and with the written consent of the owners of 66 2/3% of the land within the boundaries of Vail/Lionshead, Second filing. The Town owns 74.38% of the land included within the boundaries of Vail/Lionshead Second filing, and desires to amend the Protective Covenants. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. The Amendment to Protective Covenants of Vail/Lionshead, Second Filing, regarding the elimination of any and all references to an Architectural Control Committee, is hereby approved by the Town. Resolution No. 16, Series 2007 Section 2. The Town Council hereby finds, determines and declares that this Resolution is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 3. This Resolution shall be effective immediately upon adoption. INTRODUCED, READ, APPROVED AND ADOPTED This 71h day of August, 2007. Rodney E. Slifer Mayor, Town of Vail ATTEST: Lorelei Donaldson Town Clerk Resolution No. 16, Series 2007 AMENDMENT TO PROTECTIVE COVENANTS VAIL/LIONSHEAD, SECOND FIL NG, EAGLE COUNTY, COLORADO THIS AMENDMENT TO PROTECTIVE COVENANTS OF VAIL/I-IONSHEAD, SECOND FILING, EAGLE COUNTY, COLORADO (this "Amendment") is made by the undersigned owner. RECITALS A• On October 15, 1971, Vail Associates, Inc., a Colorado corporation ("VAI"), recorded the "Protective Covenants of VaiULionshead, Second Filing, Eagle County, Colorado," at Book 221, Page 989, of the real property records of Eagle County, Colorado (the "Protective Covenants"). B• Pursuant to Section 18 of the Protective Covenants, the Protective Covenants may be amended by and with the written consent of the owners of 66 2/3% of the land within the boundaries of VaiULionshead, Second Filing. C• The undersigned ovrns 74.38% of the land included within the boundaries of VaiULionshead, Second Filing, and desires to amend the Protective Covenants. D• Pursuant to Section 1 of the Protective Covenants, VAI, as the initial owner of the affected property, was to establish an Architectural Control Committee. It appears that no such committee was ever formed and that the terms of Section I of the Protective Covenants have not been enforced with regard to any of the existing development within the affected property. Therefore, Section 1 of the Protective Covenants appears to be obsolete. Deletion of Section 1 of the Protective covenants will avoid any potential inequity that may result if future development were made subject to the review of an Architectural Control Committee. NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned agree and declare as follows: AMENDMENT AGREEMENT 1 • Deletion of Section 1. Section 1 of the Protective Covenants entitled "Architectural Control Committee" is hereby deleted in its entirety and shall no longer be of any force or effect. 2• Additional Conformine Chan es. Any provision of the Protective Covenants outside of Section 1 by which the approval, consent or authorization of the Architectural Control Committee is required prior to undertaking any act or conduct is hereby amended such that no such approval, consent or authorization is required prior to undertaking the act or conduct in question. amendment to protective covenants of vail_lionshead, second filing 3. Effect of this Amendment. Except as expressly provided in this Amendment and any other duly made and recorded amendment(s), the Protective Covenants remain in full force and effect. 4. Counterparts. This Amendment may be executed in the form of two or more counterparts that when taken together shall constitute a single, fully-executed instrument. THIS .gMENDMENT is executed by the undersigned as of the dates given below. THE TOWN OF VAIL, a municipal corporation State of Colorado ) ss. County of Eagle ) By:_ Title: The foregoing AMENDMENT TO PROTECTIVE COVENANTS OF VAIL/LIONSHEAD, SECOND FILING, EAGLE COUNTY, COLORADO was acknowledged before me this - day of 2007 b y , as of THE TOWN OF VAIL, a municipal corporation. Witness my hand and official seal. My Commission expires: Notary Public 1469654 l.doc _ 2 ATTEST: By: Title: Town Clerk State of Colorado ) ss. County of Eagle ) The foregoing AMENDMENT TO PROTECTIVE COVENANTS OF VAIL/LIONSHEAD, SECOND FILING, EAGLE COUNTY, COLORADO was attested to before me this _ day of 2007 b Clerk of THE TOWN OF VAI nicipahcorporation. , as Town Witness my hand and official seal. My Commission expires: Notary Public APPROVED AS TO FORM: sy: Title: Town Attorney 1469654 1.doc 3 ' ~ Maurielb Pla»»ity Group May 25, 2007 Town Counol Members Town of Vail C/O Matt Mire., Town Attorney 75 South Frontage Road Vail, Colorado 81 657 Re: Amendment of Covenahts for Vail/L~onshead Second Filing Dear Town Counol: i am writing on behalf of the Lodge at Lionshead Phase III Condominium Assoaation ("Lodge"). The Lodge is ~n the process of developing a program for the redevelopment of its property m compliance with the L~onshead Redevelopment Master Plan and the zornng established on the property. We, like others within the Town, have discovered that there are certain prov~s~ons of the existing covenants affecting the subdivision ~n which the Lodge ~s located (Vail Lionshead Second Filing) that no property owner within the subdivs~on can possibly comply with. The provision of concern within the covenants is that plans be approved and/or regulated by the "Architectural Control Committee" which was never established. While ~t might seem a moot point, the Lodge believes that challenges to the Town's approvals by third parties could be brought against any property owner within the subdivision thus creating a great deal of risk and uncertainty to the. property owners and likely creating expense even to the Town. While ~t has been the practice in the Town in the recent past to condemn property in order to remove the covenants after the project has been approved, we believe that in this instance we have discovered an effioent and inexpensive method of ach~evmg the same result with no cost to the Town and I~ttle cost to the property owners affected by the covenants. The Vail/Lionshead Second Filing covenants allow amendments to the covenants by the owners of 66 and 2/3% of the surface area within the boundaries of the F~lmg. The subdivision has an area of 19.9 acres of which the Town owns approximately 14 acres which ~s in excess of 70% ownership. Therefore, the Town alone can amend the existing covenants to correct the references to the Architectural Control Committee. We have included a proposed amendment that can be executed by the Town to effectuate this change. The Lodge hopes that you will help them and the other owners within the subdiv~s~on (Vail International, The Evergreen Lodge, and the Town's property) more forward with redevelopment projects with the assumption of less risk as presented by the current covenants. Thank you for your cons~derat~on of this request. Sincerely, ~-~'1~~~ Dominic F. Mauriello, AICP Principal Attachments: Covenants of Vail/Lionshead Second Filing Plat of Vail/L~onshead Second Filing Proposed Amendment to Covenants CC: Board of Managers, Lodge at Lionshead III Inaki De Abiega Jeff Bosboom Clark Fitzmorris Marilyn Dyer 5andstad Dean Stevenson Steve Wright, Esq., Isaacson Rosenbaum, P.C. ' _ .~/CN.r.PD!-N4F~ v~•P /N6/NlFIC AYC /O erv GH, IW'~ Cy~y,pyp AL D/SG~i%PTpN pr puTT D LANOi ~N•k a..yyati,.., c~rMyMr 4.M ' +YN aeM . ~ i>~m ~ E~r.ayo~, c-~,S N Sri, rw yc.~,.., ~,a„/ a '~•ii~r!.r°wfa~:.r4 r . A SUBO/1•/$/pN WNiCH /5 A QESUBO/1/S/ON OR' PA,FTS YA/L Y/ z. ..w.; ..~.. ~' • ~" '°`• '~"' '~"r '^ "'a'aa' ~%rA",~••: C :.~.•Z eF : L "` LLAGE FIRST A4 S OF / ~ SECONO F/L/N6i ANO OF P SECT/JNs' B~ 7 : Oµ•vSN/P 5 SJUT/4 . , .r r •..r.+~ -•,•. ~.'~.` `'`°r"" ~r ~.r a ~+'~•. .~."r.'~:..r. ...~,,; ~ °d'°'°'~a"' y ~/~,,,,r~~4'„w.r~m. ~ ~ 4 ~ .,r '~' ` " 44NGE BJ WEST OF THE G N' P N - : JiY'.1 ~ JO V4/L -EAGLE COUNTY CO LpRADO ;>. , w~ ~ w ~ ".,,,,,; ~; i„~'~,,, f^ ./- ~..f ~ ~ „C ~y "'~/~mrrv, .. /~~.~ y r. ~; R~ rrrnr+~ ""' 'sr .rr~.r.- n~' N.A ~• • a•'• N ~ +.c.+ «..--• /m"". ''",yw. • •f ~yma .r.. .. >b w . " . . , w ge • ~ rrai "`r~.~w _ ~ i.is. '.r ~,•I J N ~ ~ w,ry ~ ti yW', ry'. ~ w r (+ : rrJ .d.~ w • r N tij.r~ N '4I-.~ ss 4 ! : V I,,r TF 'PST47, r w 4 ~ r GO r ya s ~ >N; CW . r p.• ~ rr~awrr .aw /~+ . ,y ,~ ' r w lrJrw•a~r r,wr,rr; awe rarw~r ~~, Qw•~nsm fN GN ~ •r ne Fem. aw r t ^"^'n.J E ,y _ ~'qql _. ~ t rrr rw•MW'r)p .wr rr sm•r r~ ~ ,~... rrr•a~rr-srr..~G. ,r la~` wy~: .w A.~ •t" e ~r...s ~ r`,.:.r °~V:.r~ ..+. 4 ; w... rw~ra. ' Jam' ` wr+ ' ' ~ a ~ . r..,•+. Np 37 % ~,~`1 e;" . ^ v "^ . o.. n rr w, ^ ~ ~ ,~ Fl Ar; A....r A" .' i.'.i, rr •+. o... % ~o..~ v '~ w ~ G' ~ ` ~ r ., .. ~~ -r . ..... 4 M 2' ~ ,+ ~ ~,f ~ s. r Tr s~ , T. rlr)O~i.i~ ,L ,y. - \ "•ro _ ~ TF~ gLy \ .' ~ ~.~. • ea wrr rw,yj.~ sir'"+.smr, a~%"N w !«r~ rwif.+~r.~a~ ?, r r • « ~ K n ; ~ ~: r m _ ~,;, froi. , ..~.r ~ . s~ v ~; r%rTre•c rw-nr . n ~ ia ,tr Alr... r.nrn•.r t aL, g _ ~~ w.w r....~~a. fV~ • •i ms ~ ~ ~ 4 g !}~~ _ L `E. ;~%` ` m w w .(~'. fii + iv mr ~.R+:n~ ~:d wmv Vs. ~~~+ aP+w'ra•-r RrI' N.ir~rs•r n'rw /iI «ir fy./~w' 6r tl!, t 'w rr w.~ r.raa• r mri M i, L .1 6(LfVlY OP3' CER*iFK'ATE ~ lit t LOT J 4 8 • \~ 4 ~ _ w r.,c~r+.y a,. „!• amn ~ .~,.: rro r•,r•f ~ ~r ~y i..~' ~ ~ w<rv; w i ~ ! r ~ ~ /..ate., r r-c.r.~. 'y,.,.., ~,,,,,,/ rr ± ... /.« EAST ~ f ~ ' '~ d a° 5' ~ s- w v,.., ,r rr,~,~, L/ONSNEA - S i., BLdY'K / \ D ~ ~ ~ ~ t n ms ~, .r r' r~ ~ ~ w a.~. •ryy a .i-rro w•y ~ ' _ _ ~ CiRy'L ~, si .=<4pK~i ~ ~F ~ ~~' \ A acue+ raw ... w ~r ~ +r.Mf r..~ w ~ y r•/ a LOT Z ~ 4.r N .y ~"'.y. >~.. w,• /Z?~ y N4fobr } q ` ~ ~°rd" i _ rV '-' .• y. r.rr r~.i .mnw cw.,.~..I +-w.. /.s w y r•.. ~' ,,,~+ r, y N ....., ~c C..y ner.r .r m °h.rr ti ...•r3 J ~a h •ia• .rr . l r t + ~ ~ ~ ~ ~ r . o . \ M .. r +.. rl, . a•v^- a, /y, /y n 7' «.v ~ ~ 1 e ~ l: W I ...• tr p"f~ ~~ - LOT // s i ~, 1+ !• w P * .t sar a l ~t ~~-"` l , ~ wow ...~ o.. -.`,., Ar~dre~c _ .+ +~e' ~~'4r -/ s - . F Y -~ .. -__. _- ~ ,~~ K r A.r A TRACTO ~.~-•"f i .. _ __ -.>ac; .r.-_.._.. _ cw'~o I i ., _ ~{~s~~.y~~~ ~ ..__ __ .__.-_- 1 `~1 f' -•~~ A L.~ a, lrliii:.F ~ 'DPrwbvby cG Sr "..• s _ L -.__~_-..-_.-.. __-__.._~_ __ _A; ff. rrw.~f~aM /I p .~ + s " 1 ~t . + __- .,~. , ~ O ` u FP Act i Rcrr ,,m ..,, ~ ~ - ~4;~.- 9~ "M ~ ~ • ~ .... .,, ~ ~ ~ l b ~ ' ~- WEpT MFAQf/r pR/VE ~ . b `, X t ~, iAl7ED $. rr ~ - !, wryly r.t 1 w ~• ~ •. ~A~ .d TRACT` Ipy r r,.arr .w.w:~~\ w,en• a..y.ec rw.• Q : w . 7XACT S c ~ ~~ ~ n ~ CERT/FiCATE qc OWNiEiW/P ANO t ...r 'O ' '•• 1w~ •Y.v/ M.w Mr' ~ ~' x•7.7 ~ ^ ~ • r . 1F.I la/ ~1, s .. K /y _ 3° iF ....- y w rrAV I... •.y... s.~.,..r w 7"''.•-,~, y.ds. .1..4 ~ ~.cs "` .r. ~.w mw r nr ~... '~rYa N •a ~ ro ~ y 1 i .- a/+ rrr, rr.*. .w c+., tia., r *.w. a...~.. p.« nr. w r..,~.ti /.r. YEAVE,p ~ ~ ~ ~ i M ~ M p a ~ p ~ a I ~ , ~y ' . .w.-r ~;~~ r...~.. y~ ~~ '~'~' .•rvwy .r ~.,y, .w.....s .~.w .. +. GJ.IO ' TRACT B APP'.ppVAL OF 7R'E Illy PLAMN - 7 Y ' .a~N yr -.a.~. e.~ •o.. un• q ~arww~ox ~..~w r.r i11 wr....~... , n ' ~ y w M~N ~ • i r.w . ti r 7 .cna..xra. yewv +b r ~ ~ ~ rnri.. YG.•K.. cww. ,rnr. +aY.:.! _ i/i ~ • I~~ ~i \ ~t . ....< : y / J- ~ maws, rc. AC^~~,•,"' _f,~ .. r. ~ ` ` ,ia FI . ~~ +X _ ' w..../•"• c'•'•+y .~ A//AbIAt CYTHE 7bWN OIR• Y.I/!. + %M n / ~ I ~ 5196!0 s . . r.+y- •• nu ~ crr~an~ly,~ a .msv. ; rsa..n.r~,.r T...M. ,ti,~,,. ,-+- ~, RtYOIIOLRY ~filrsy-r+r . ~ y ai h. w rrr N ` ~.'~"!'iC. Ctn. .., r,~G, rb ,1„ ...,x.e:.. N .w+~hay ... r•.-~- ~....~+...r ry...+~r .~.. N ~ .~. b V~k•. R..,. . raw„ •w.ri-.•r•.+N+. .c.r. or+ra na+ir+.~ir.r..r.".y-~.~.~+•~ '~yar Y:. +. ywf /~';`ca..'<.°T'«.n+~' ~ /..~Lf..:efl ~I a.. ~ rw~..i.-N wri..~e ~..+.. ".•b •~+ w n.iN av~,a .a.r ~...re ! , r . . . . _ - ,r- war/-... /if6fo o. NrP C.~ec nr~ v- RK aal - ~.:_ ~~ • ~ •' ' PROTECTIVE COVEN~IN'PS ~~ : nF 3 . .n ~~; ,`_,~ VAIL/LIONSHEA~, SECOND FILING, ~.. _ EAGLE COtJ.iv'TY, COLORADO WHEREAS, Vail Associates, Inc., a corporation duly organ- . ized and existing under the laws of the State o.f Colorado (here- -,'inafter sometimes referred to as "Owner"), is the owner of the following described lands, which are shown on the plat of the Vail/:,ioncHead,` Second Filing, on file in the office of the `County Clerk and Recorder of~the County of Eagle and Sta ~ of Colorado: See Exhibit A attached hereto and made a part, .hereof included witY~in which are part~:of Tract J, Vail Village,. First Filing, and a 11 of the lands designated as Lots 11, 12 and 13, and part of Lcst 14, Vail Village, Second Filing, prior to the vacation of a portion of the plat of Vail Village, Second Filing, by instrument recorded in Book -217 at page 674 of the records of the Clerk and Recorder of Eagle County, Colorado.' AND WHEREAS, Vail Associates, Inc, desires to place certain restrictions on the use of the lands included within Vail/Lions- Head, Second Filing, for the benefit of the Owner and its respec- tive grantees, .successors and assigns, in order to establish and maintain the character and value of property in the Vail/Lions- Head, Second Filing, area, ~- L:OW, TgE~gORE, in consideration of the premises, Vail Assoc- fates, Inc., for itself and its grantees, successors and assigns does hereby impose, establish, publish, acknowledge and declare f than for the benefit of all :persons who. may acquire an interest in nay of the lands in Vail/LionsHead, Second Filing, all of the ,_ lares in Vail/LionsHead, Second Filing, shall be subject to the fo'_lowing restrictions, covenants, and conditions, which shall be deemed to run with the land and. to inure to the benefit of and be binding upon the Owner, its grantees, successors and assigns. ~' ~~ r-¢~-+ E--~-.f~ -z„ c /,rte,{ y,.~~ ~ % G ~1~W'~,,D`}r."~~~ '~.'~.~.~"a15~'.3Ri3'?+~1~:7~.~aaTf y`c.t~~.,~x ~L}~~,,~/.. uu~~<~~'f~ ~; ,:~ ,~" ~. ., 1 :. t~ ~.fi - „LilCtrl~+1~. ~tf ~431rF T' ~ +rvv 4'i;~ d ..):: 9 • '4 ~/ ~ 1. _~[(yy~~~~ 1. `I 7 1 Protmctivs Covenants '~: Vail/LionsBead, Second Filing f ,~ 1. ARCHITECTURAL CONTROL COMMITTEE ~• 1.1 Connnittee, The Architectural Control Committee, here- inafter refer r~ as the "Committee", shall consist .of fire members who shall be designated by the Owner, its successors or assigns, to review, study and, approve or reject proposed improve- ments within the area described in the plat of Vail/LionsHead, Second Filing, of which these restrictive covenants are made a part . The members of the Committee shall serve far one year, at which time they shall be re-appointed or their successors shall be appointed by the Owner. If no successor is .appointed by the Owner on the anniversary of a_~member's term, he, shall be deemed to have been re-appointed by. the `''.Owner. Anew member shall be appointed by the Owner on the death or resignation of a member. 1.2 Rules. The Committee shall make ssuch rules and bylaws and adopt such procedures as it may deem appropriate to govern its proceedings. 1.3 ApDrcva z of Plan. No building, landscaping, parki:~q or vehicular drivP~cay, pence, wall or other improvement shall be constructed, erected, repaired, restored, reconstructed, altered, added to or ma.ir.tained on any lot until building plans and site plans and specifications showing the color, location, materials, landscaping, and such .other information relating to such improve- ment as the Committee may reasonably require shall have been sub- m fitted to and approved by the Co~n:nittee in writing.. 1.4 Criteria, In passing upon such plans and specifications the Conrnittee shall consider: 1.4,1 The suitability;,-~of the improvement and of , the materials of which it is to be constructed to the .site upon which it is to be located; I.4.2 The nature of adjacent and neighboring improvements; 1.4.3 The quality o:f the materials to be util- ized in any proposed improvement; 1.4,4 The effect of any proposed improvement on the outlook of any adjacent or neighboring propexty; q. 4 2 f e 3 -2 iJ i Protective ~ Covenants - r, F-~~ ~:•.~- Vail/LionsHead, 3econd.Filing ~; `~ ~~' ".,~:'' K ,.._"' . and - .. ?~~y 1.4.6 The rules and regulations of the'Com '.~ -`'' ~ r= s =~ mittee. ,., _ >: - . ~, ; It shall be an objective of the Committee to make certain t2iat `Hour; ~=~ ~.. improvement will be so similar or so dissimilar to`othersr in ~ e• L l} p Y vicinity that values, moneta2y or aesthetic, .will;be-impaired; ,'ram„ 1.5 Effect of the Committee's Failure to~Act, „~In~ttie'~event ~. the Committee fails to approve or dfsa ~ ~ ~j~ pprove'plans and specifica= .'1 tions subn-itted to it within sa.xty (60) days of submission, . 'app=o- ~ 1 vat shall not be required. 1.4.5 Any governmental zoning requ applicable to the site and improvements~~= 2 • L-ANb USE The lands within Vail/LionsAead, Second Filing, sha11'be used for the fallowing purposes: 2.1 The numbered tots shall be used only for high density, multi-family residential structures, public accommodatior.~, schools, libraries, conference cente~rs,~health clubs, playgrounds and other public uses, and commercial and recreational structures; pzovided, that the Owner may impose .restrictions prohibiting the use of a numbered lot, or f.or~ions thereof, for commercial purposes. 2.2 Tract r'. s:Zall be used as an o;~en area which shall be maintained in its r:a'ural state, subject to the reservation ay tre Owner of such easements for, and the right to construct, .;•~cn ~ed- estrian or equestrian paths and'bridges and skier crossings a~ a n:, in the opinion of the Ownery° now or in the future reasonably nec- essary or desirable. No i~nprovemerts constructed on adjoining or contiguous properties shall encroach upon Tract A., Vehicular pas- ' sage-shall not be allowed on Tract A except by special pe rnit fm m the Town of Vail and the Owner. ' 2.3 Tract B shall be used"and held by the Town of Vail. for ' the duration of its lease for the use of the public as open space, which shall be maintained in its native state, subject to the reser- vation by the Owner of such easements within a corr3.dor bounded on the. east by a line extending from the southeasterly corner of Tract D, Vail/LionsHead, First Filing; to the westerly corner of Lot 1, f' Block 2, Vail Village, Sixth Filing, and on the west by a line extending from the most southerly corner of Tract A, Vail/LionsBe.ad, -3- ~,. x ,:~ Protective Covenants Vail/LionsHead, Second Filing ~: ~r, First Filing, to the northwesterly corner of Tract A, Vail Vil- lage, Sixth Filing, for pedestrian bridges, ski lifts, and skier crossings as are in the opinion of the Owner now or in the future. reasonably necessary or desirable, and further reserving to the Owner the right to construct,. repair, maintain and operate such ski lifts in or on such corridor in Tract B as are, in the opin- ion of the Owner, needed or desirable in the future. The Town of Vail may construct for public use, pedestrian and bridle paths in conformity with a landscape plan to be prepared by the Town and approved by the Owner. No improvement constructed on adjoining o: continuous properties shall encroach-upon the said Tract B. Vehicular passage shall not be allowed on this Tract except by special permit from the Town of Vail and the Owner, except that the Owner reserves the right toconstruct or cause to be coY~struc- ted upon or over Tract B public Transportation facilities, includ- inq by way of illustration and without limiting the generality of the foregoing, an aerial, rail, r,r mounted conveyance system. 2.4 Trait C shall be used as an open area which shall~be maintained in its natural state, subject to the reservation by the Owner of such easements for, 'and the right to construct, such ped- estrian or equestrian paths and bridges as are, in the opinion of the Owner, now or in the future reasonably necessary or desirable. No imarovements cons*_ructad on adjoining or contiguous properties shall encroach upon Tract C. `:Vehicular passage shall not be allowed on Tract C except by special permit from the Town of Vail and the Owner. 2.5 Tract D shall be used in conjunction with Lot D, Vail Village, Second Filing, for apartments, retail shops, service shops, service stations, restaurants ands tea rooms, hotels,. lodges, pro- fessional offices, medical clinics and educational .institutions. 2.b The Owner rEServes the--.,right to make additional restric- tions and limitations upon use not incompatible with the foregoing nor less restrictive than any applicable regulations of any govern- mental agency. Any additional restrictions may be included in instrurients of conveyance or lease or by supplement to these pro- tective covenants to be filed in the office of the Clerk and Recor- der of Eagle County, Colorado.. 3. EASE.t~NTS AND RIGHTS-OF-WAY 3.1 Easements and rights-of-way for lighting, heating, elec- tricity, gas, telephone, water and sewerage facilities, and any other kind of public or quasi-public utility service are reserved ` Protective Covenants . Vail/LionsHead, Second Filinq ~I , as shown on the plat of Vail/LionsHead, Second Filing. No fence, wall, hedge, barrier or other improvement shall be erected or maintained on, across or within the areas reserved for easements and rights-of-way, nor in such close proximity thereto as :to impair the access to or use ;:hereof. An easement for pedestrian use-shall exist and is hereby reserved on: over and across those the plat of Vail/Lions~iead, Second Filing, reserved hereintfors of utility service and facilities. 3.2 Easements for drainage purposes are reserved as shown on the plat of Vail/LionsHead, Second Filing. 3.3 Easements for drainage purposes reserved in these cove- nants and on the Vail/LionsIiead~,: Second Filing, plat shall be per- petual. 4• SIGNS W° signs, billboards, pester boards or advertising display or str~.rcttare of any. kind shall be ..p aced or maintained within. the sub- division for any purpose whatsoever,, except such signs as shall have been approved by the Committee as reasonably necessary for the identification of streets, residences and places of business and location markers. S• WATER AND SEWAGE Each structure designed for occupancy or use by humaZS shall connect with the water and sewerage facilities of the V.iil Water and Sanitation District. No private well shall be used as a source of water for human consumption or irrigation in Vail/Lions- Head,.second Filing, nor shall any facility other than those vided by the Vail Water and.Santati.on District be used for the o- disposal of sewage. Mechanical garbage disposal facilities shall be provided in each kitchen or food preparation area. 6. TRASH AND GARBAGE 6.1 Dis oral of Trash and Garbs e. or rubbish may be thrown or.'dumped on any land within Vail/Lionsge Head, Second Filing. No burning of trash, garbage er rubbish shall be permitted in Vail/LionsHead,. ,`Second Filing. No incinerator or other device for the burning of-trash, garbage or rubbish indoors shall be constructed, installed or used by any person except as approved by the Committee and the Town of Vail. Each property owner shall provide suitable receptacles for the collection of >~ ;. -5- Protective Covenants ~ `""' ~ ` Vail/LionsHead, Secend Filing ~ ~,,'~'r. ~+ .~ r ' ~ .: ~_i da4:a. '~ trash, ashes, garbage or rubbish. Such receptacles shall.~eM~.. screened from public view and protected from disturbances ,,,,.,. ~,~~ - ~..... 6.2 Definition. As used in this Section 6, "tzash,agarb~.y or rubbish" shall include waste;. rejected, valuel'esa~: or w~ort2i'~e ~` ' ~' matter, materials and debris, useless, unused, unwanted, of di}=- ,y. ;.. carded articles from an ordinary household, waste from: the'-prew;~` ;r ;~ potation, cooking, and consumption of food, market refuse,+Ywaste ~ '~ from the handling, storage, preparation or sale of produce;,: tree ,~~, .'~ ~- branches, twigs, grass, shrub clippings, weeds, leaves,. and other ; general yard and garden waste materials; but shall not include'; -~ ~ '~ food roducts to be prepared over outdoor or open fires~~~~~~ ; food or p nor wood or other materials used for fuel in fireplaces. r ~,~ 7 . LIVESTOCK ,~,r "~ ~~_ ~~ ~~, No animals., livestock, horses,. or poultry of any kind, except -~ '~~. dogs, cats, and other household pets, shall be kept, raised ar; bred in Vail/LionsHead, Second Filing, except in areas designated :~ for such .purposes by the Commiatee; provided, however, that nothing° r herein contained shall be construed to permit the commercial breed,,., ~, '' ing of dogs, cats or other household pets or animals in Vail/Lions. Head, Second Filing. - '" :. _. $. TREES No trees shall be cut,. trimmed or removed in Vail/LionsHead, Second Filing, except with prior written approval of the Committee, and all such work shall be performed by persons approved by the Committee or by the Town of Vail, 9, SET BACK REQUIREMENTS There shall be no general requirement for the location of improvements within property lines except those shown on the plat of the subdivision or imposed by governmental zoning regulations, but the location of each improvement must be approved in advance ,} by the .Committee. In determining the proper location for each improvement, the Committee shall consider the proposed location, the location of existing and projected improvements on adjacent property, the effect upon adjacent property owners of any proposed ~,~ improvement location, and such other considerations as it may deem "~° appropriato. -6- - ,;:a - .a'S+~`.:r~~- c.r is ~~ ~ ~,Protective .Covenants ' '°' Vail/LionsBead, Second Filing ~' 10. LANDSCAPING AND GARDENING All ground surface areas not used as improvement sites. but disturbed by construction shall be returned promptly to their natural conditiicn and reolarted in native grasses, unless such areas are to be utilized for gardens, lawns, and exterior living areas. Every improved building site within the subdivision .shall be landscaped accordin3 to a plan approved by the Committee. The .landscape plan shall be submitted to the Committee at the time of ;he submission, of gonstruction plans and approval by the Committee of either plan may be denied until both the plans for building construction and landscaping shall have been approved. Easements adjacent to a lot but outside the. boundaries thereof may be;appro- priately landscaped, subject to the provisions of these covenants, by the owner of the lot, but in the event such landscaping is disturbed by use of the easement, the cost and expenses of restor- ing such landscaping shall be solely that of the owner of the lot. tel. AREA REQUIREMENTS No living unit designed for human use or habitation shall be constructed unless the aggregate-floor area, exclusive of open porches, basements, carports and garages, shall comply with appli- cable governmental zoning requirements and shall have been approved by the Cc;nmittee. The Committee shall determine from the design of the improvement whether an area which is partially below grade :gay be used to calculate whether the proposed structure cotuplies with the minimum area requirements. The Committee may, pursuant to t'~ese covenants, impose greater minimum floor area requirements than those imxsed by zoning regulations and may apply different criteria for determining compliance. 12. TRADE NAMES i:o trademark, trade name, trade. symbol or combination thereof shall be used on structures, or far businesses or services in Vail/ LionsHead, Second Filing, unless the same shall have been first approved in writing by the Committee. 13. TEMPORARY STRUCTURES No temporary structure, excavation, basement, trailer or tent shall be permitted in Vail/LionsHead, Second Filing, except as may be reasonably necessary during construction ared authorized by the Committee and except as may be necessary for athletic events. -Z- .r~ ~ Protective Covenants .Vail/LionsHead, Second Filing'' ' 14. CONTINUITY OF CONSTRUCTION ,~ ~~ __a All construction commenced in Vail/LionsHead, Second Filing, shall be prosecuted diligently to completion and shall be com- pleted within twelve (12) months of commencement, unless the . Owner or the Committee shall, in writing grant additional time. 15. NUISANCE No noxious or offensive activity shall be carried on within. the subdivision nor shall anything be done or permitted Which shall constitute a public nuisance in Vail%LionsHead, Second Filing. 16. FENCES ~ _ No fences, walls or other barriers shall be permitted in Vail/LionsHead, Second Filing, except with the written consent of :- the Commmittee or as otherwise herein expressly permitted. i 17. EFFECT AND DUP_'1TI0N OF COVENANTS s The canditions, restrictions, stipulations, agreements and covenants contained herein shall be for the benefit of and shall regulate the use of each lot,-block and tract in Vail/LionsHead, Second Filing, Eagle County, Col~rado,.and shall be binding 'upon each owner of property therein, his successors, representatives and assigns. These covenants shall continue in full force and effect until January I, 2070. 18. AMENDMENT . The conditions, .restrictions, stipulations, agreements and covenants contained herein shell not be waived, abandoned, termi- nated, or amended except by written consent of the owners of 66 2/39b of the surface area within the boundaries of Vail/LionsHead, Second Filing, as the. same may be then shown by the plat on file in the office of t=he Clerk andRecorder of Eagle County, Colorado. 19. ENFORCEMENT 19.1 Procedure for Enforcement. If any person shall violate or threaten to violate any of the provisions of this instrument, Vail Associates, Inc. or its successors or assigns, the Town of Vail, or any owner of real property in Vail/LionsHead, Second Fil- ing, his agents or employees, may, but without obligation to so so, enforce the provisions of this instrument by: -8- :w . ' ~ ~ 1• .~ Protective Covenants M ""~ " t ~- 'Vail/LionsHead, Second Filing :sr 4 11 ri~~ ~'~ C~ ~ a I ~ 1 i ~ / r r ~ ' c.v _rr ~i .:?: • ~ i ih .r ~J .fl "~~~ ~' x' J..y. _ .' .r t H S~ t . t°n~ '"~ 19.1.1 entering upon the , property,.:~her~ the w~~ ~ '~ ~>,~~ ,- , y ' * r .:: ;~ ~ ; ~'~, -» violation or threatened violation exists .`and re ' ' ~ ° ~ ~'°~-~, ~ ~:~ ' remedying and abating the violation, ouch `.. moving , self-help shall only be exercised aft'er~ having r ,~ r rT ,~ ,~ = : ~ ..,, given fifteen (15) days prior written notice _to'" .;: ~ ..~ ' ~ •~.1 the owner or owners of the property upon -which .the . ',~ ~` violation exists and provided the owner shall have"•- ,_ ~+ failed within such time to take such action as° mays';. `r *`~-;~„~, ~ t: be necessary to conform to .the covenants; or ~~r :; 19.1.2 instituting such proceedings. at law .or ~~: l in equity. as may be approp'iiate to enforce the pro- visions of this instrument, including a demand for injunctive relief to prevent or remedy the threaten- ed or existing violation of these. covenants and for damages . ,~~, ,_. ~ 19.2 Notice and Service of Process. Each ovrner of real b inter the .e property in Vail/LionsHead, Second Fili:~g, here y appo Town Clerk of the Town of Vail as his agent to receive any notice provided for herein and to accept service of process in any court:.. proceeding brought to enforce the pzovisions of this instrument: Any notice required under this Section 19 shall be written and shall specify the v~o~ation or threatened violation objected to, the property subject to the violation and shall demand compliance with these ,covenants within fifteen (15) days after the giving of such notice. If ~,iter reasonable effort the person givinc the notice shall be unable to deliver the same personally to tre per- son to whom it is directed .and shall be unable to obtain a retu?-r: receipt showing delivery of notice to the person to whom it is directed, then the required notice shall be deeried sufficiently given if posted upon the property described in the notice and mailed to the Last known address of-the person to whom the notice is dir- ected and if also. mailed or delivered to .the Town Clerk of the Town of Vail as agent of the property owner. Personal service of pro- cess upon any person owning land in this subdivision made in accor•- dance with the preceding sentence may. be obtained, but only for the enforcement of these covenants, by service of process upon the Town Clerk of the Town of Vail as agent for the said. owner, if after reasonable diligence such defendant cannot be found within the State of Colorado and personal service cannot. be otherwise obtained under the Colorado Rules of Civil Procedure. 19.3 No Liability for Damages. Vail. Associates, Inc., the Town of Vail, or any other person hereby authorized to remove or remedy violations or threatened violations of the provisions of - 9- . ,~;d ' Protective Covenants. ", Vail/LionsHead, Second Filing • this instrument in accordance with paragraph 19.1.3, shall not be liable to any person for so doing except for any injury or damage resulting from intentionally wrongful acts. Any person acquiring any interest in real property in VaillLionsHead, Second Filing, after the recording of this instrument in the records of the County Clerk and Recorder of Eagle County, Colorado, shall be deemed to .have waived any and alI rights to or claims for damages or injury resulting from efforts to .correct or to prevent any violation or threatened violation of these covenants in accordance with paragraph 19.1.1 above with respect to the real property so acquired. 19.4 Collection of Costs and Exr~enses. Vail Associates, Inc., the Town of Vail, or. any other person. or persons proceeding in accordance with paragraph`19.1.1, shall have a claim against the owner or owners of the. property with respect to which the violation oz threatened violation of these covenants has occurred in an aracunt equal to the actual costs and expenses, including reasonable attorneys' fees, incurred in connection with preventing, removing or remedying such violation or threatened violation. Such claim shall not exceed the amount of Two Thousand Dollars ($2,000.00) for any one violation or threatened violation of the Drovisions of this instrument and shall be enforceable through any appropriate court action, Vail Associates, Snc., the Town of wail, or any other person or ,persons bringing a proceeding under. paragraph 19.1.2 to enforce any provisions of this instrument shall be entitled to judgment for the actual costs and expenses, includ- ing reasonable attorneys' fees, incurred by such person in the pro- secution of such proceeding in addition to any other relief granted by the court. 19.5 Waiver. No assent, or acquiescence, expressed or implied to any violation oz t?^seatened violation of any of the provisions of this instrument shall be deemed or taken to be a waiver of any succeeding or other violation or threatened violation of'these protective covenants. 20, DEFINITZOF OF PROPERTY OWNER As used in this instrument, the .phrases "real property owner" or "owner of real property" shall mean any natural person, partner- ship, corporation, association or other business entity or relation• shin which shall own an estate as a co-tenant or otherwise in fey: simple or for a term of not less than forty-nine {49) years in any portion of the lands included within the boundaries of Vail/Lions- Head, Second Filing.. Such phrases shall not include within their. -10- > .. .~:~ >' .-, ,. ' Protective Covenants ' ~ Vai1./LionsHead, Second Filing 1 d meaning the holder or owner of. any lien or secured interest in lands or improvements thereon within the subdivision, nor any per- son claiming an easement or right-of-way far utility, transporta- tion or other purpose through, over or across any such lands. 21. SEVERABILITY A determination of the invalidity of any ane or more of the provisions of this instrument by judgment, court order or decree shall in no wise affect any of the other provisions hereof,. ~thich shall .remain in full force and effect. ~' ~~„ ~ ,F.~CSt~TTED TiiIS 12th day of October 1971. ,. ,~ ;_ ;~~. ~).,~, i^. _ VAIL ASSOCIATES, INC. .~1'f~~ • ~, . ~/~~ _ _~.i.~./l~l Vice- President T 3y, S~tY$ OF COIARADO ) ss. COUNTY OF EAGLE ) O :. ~F ! ~ ~i .µ+i r~ , t~ . aF w: ~': The .foregoing instrurent was a:':nowledged before me this ` 12th day. of October 1971, by RO$ERT H. NOTT a$ ~ Vice president of VAIL ASSOCIATES, INC. -' . ...,'WI~iBSS my hand and officiaa seal. ~. ; ~. ~-. r y ~ .. -'-\,.My commission expires : ~~ ~ ~ l~ `. _ :~ , ._. ' ,~. a Notary Public n- ~4 ~. - I1- '~, EXHIBIT A TO PROTECTIVE COVENANTS FOR VAIL/LIONSHEAD SECOND FILIN EAGLE COUNTY, COLORADO ,~-- +~ ~ v ~~ :•f 1: v ~ i w .,~ _. ,;~,~. ~ ~ ~• „.~ - -- .. ~~" =~:4i G ._ •~.~r' i;_- ;,:,_ . a , ~:. ~r w~ J,... ~ ~• LEG,4L DESCRIPTION OF PLATTED LANDS J _- s Part of the South half of Section 6 and part of the ~~ ` North half of Section 7, Township 5 South, Range 80-West of the 6th Priacipai Meridian, Town of Vail, County of ~ Eagle, State of Colorado described. as commending at the -, Northeast Corner of said Section 7, thence S0°23'00" E `~ 39.20 feet along the East line`of said Section 7 to the Southerly right-of-way line of U.S. Highway No. 6 now ~ Interstate Highway I-70; thence N 79°41'13" W 25.44 : feet along said right-of-way .line to the Northeast °~ corner of VAIL VILLAGE, SECOND FILING: thence continu- ing N 79°41'13" W 537.76 feet along said right-of-way line and the Northerly line of said VAIL VILLAGE, SECOND ' FILING to the true point of beginning of this description,; . ~ thence continuing along said right-of,-way line on the following six courses: (1) N 77°32.'18" W 213.50 feet to a poin on the arc of a 469.30 foot radius curve; (2) 146.70 feet along said arc of a curve to the right, whose central angle is 17°54'36" and whose long chord bears N 56°43'58" W 146.10 feet; (3) N 3E°35'31" W 214.10 feet; (4) N 40°00'36.'• W 179.00 feet; (5) N 68°01'02" W 176,80 feet to a point on the arc of a 3,650.00 foot radius curve; and (6).701.03 feet along said arc of a curve to the left, whose central. angle is 11°00'16 " and whose long chord bears N 80"18'I7" W 699.96 feet, to the Northeast corner of VAIL/LIONSHEAD, FIRST FILING; thence along~,'the-Easterly and Southerly boundary of VAIL/LIONSHEAD'FI~tST FILING on the follow- ing fifteen courses: (1) 116.15 feet along the arc of aI a 46.00 foot radius curve to the left whose central `-i~ angle is 144°40'1.9" and whose long chord bears S 12°36'09" E 87.66 feet to a point of tangent; (2) S 84°88'18" E 140.00 feet tc a point of curve; (3) 232.05 feet along the arc of '; a 151.00 foot radius curve ~o the right, whose central angle is 88°03'00" and whose long chord bears S 40°54'48" E 209.88 feet to a point of compound curve; (4) 271.75 i feet along the arc of a 173.00 foot radius curve to the. <- rig}a, whose central angle is 90°00'00" and whose long chord bears S 48°06'42" W 244,66 feet to a Foint of tangent; (5) N 86°53'18" h'•65.80 feet; (b) S 5°43'51" W 341.10 feet; (7) N 80°00'30." W 215.00 feet; (8) N 89°21'00'° !V 141.70 feet; (9) S 64°22'00" W 126.50 feet; (10) S 17° 10'30" W 100.50 feet; (11) S 11°02'30" W 153.50 feet; (12) S 54°34'00" W 89.00 feet;, (13) N 78°15'30" W 158.00 ~;; ~ ~ feet; (14) S 83°35'00" W 59.50 feet; and (15) S 46°22'30" ~ ° '*: ~~: ~- •~ EXHIBIT .4 to PRGTEEAGLE COUNTY,rTCOLORADOIL/LIOi~SHEAD S ~e FILI , . i~ 141.61 feet; thence Chence1N382°24'00"f Ee245t00nfeet;6,° 24'00'' E 240.00 feet; t thence N 54°34'00" E thence N S2 24 00 E 14S.00 feet; i..00 feet; thence N 11°34'00" E 2,52o005f00t'Et125c00 f~et; 64°22'00" E 95.0 feet; ther_ce 'thence N 90°00'00" E thence S i3°6'00" E 183.00 fee_; 150'.00 feet; thence S 49°6'00" E 23x.00 feet; thence S 36°4S'42" L 119.90 feet; thence S 19°5glock 7,1VAIL7 feet to .the Northeast Corner of Lot 41, VILL_aGE, FIRST FILING; thence along the Northerly line of said Block 7 on the followin~ 89o~2,~pur~e571.69) S i2°14'00" E 307.I(x feet; (2) ~eet; and (3) S i5°21'00" E 17S.00 feet to the Nortlu~est Corner of Tract J, VAIL ti~'ILLaGE, FIRST FILING; thence along the boundary lineSoo°~SipOTrEc1~2.10 feetltolthe ing .fire courses: l ) Dint on the arc of Southwest corner of Said Tract(~~ 26p•02 feet along a i;2~5.15 foot radius curve'; whose central angle saiu arc of a curve to the right, is 11°51'59" and whose long chord bears S 62°22'36" E ?61.50 feet to a point of reverse curve; (3) 179.28 feet along the arc of a 302.26 foot radius curve to the left, ~cho5° central ang1P is 33'59'00" and whose long chard bears S 73°23'30" E Ii6.66 feet to a point of tangent; (.4) \ 39°31'00" E 120.86 feet to the Southeast Corner of said Tract J; and (5) ~ 0°73'00" i~ 6Q.63 feet; thence ` 81°19'44" W 18x•60-feely;8thenOce N 60°7706°' iti 93.01 feet; thence N -6 48 '- feet; thence N 13'57''0" E 7i.06fromt~+hencepsaid °n t"re North Iir~e of said Tract J, northwest Corner thereof bears ` i5°27'00" iv 2~~.42 feet and khicii pcin~ AIL `ILLaGEe SECONDSFILINGsthence Corner of Tract •, along the Southerly line of VAIL VILLAGE, SECOND FILING on the follostiing ten courses: (1) N 26°s0'S0o iti 111.91 feet; (Z) N 41'30~'00~' lV 240.00 feet; (3) 00'00'' iti 15.00 feet; (4)`` i8°00'00" W 100.00 feet; (;) S 65°00'00" it 155.uC fQet; (6) S i9°00'00" W 290.0'0 feet; (7) N 67°00'00" iti '100.00 feet; (8) N 53°00'00" i~r 115.00 feet; (9) \ 59°OU'00" i'~ 165.00 fe^~t; and (10) N 63'30'00" ~~' 175.00 feet to the Southwest Corner cf Lor g, VAIL VILL:~GE, SECOND FILING thence N 45°03'56" E 129.x7 feet along th°.tves*_erly line of said Lot 9 to the Southeast Corner of Tract A, VNIL ~'ILLAGF., SECOND FILING thence \ 9°45'49" W 101.16 feet along .the Westerly line of said Tract A; thence ~ 28°57'11" E 170.00 feet along said ~ Westerly line to the Northwest Corner of said-Tract A which is a point on the Northerly line of said V.aIL VILLAGE, SECOND FILING on the arc of a 1,852.73 foot radius curve; j thence Easterly along said Northerly line on the follow- # ing four courses: (1).254.11 feet along said arc of a t curve to the right, k~hose central angle is 7 51 30 and E1~EIIBIT A to PROTECTIVE COVENANTS FDR VaILlLiv2v5~D-s~v~:~--- ° - -~ a~P'~e '~` FILING, EAGLE COUNTY, COLORADO whose long chord bears S 83°36'58" E 253.91 feet to a point • of tangent; (2) S 79°41'13" E 59.84 feet; (3) 5 85°24'31" E 100.29 feet; and (~4) S 79°41'I3" E 523.02 feet to the true; point of beginning, containing 19.950. acres, more or less. included within the above description of Platted Lands are (1) part of Tract J, VAIL VILLAGE, FIRST FILING a subdivision plat recorded in Eagle County, Colorado, Reception No. 96382, filed in Plat Book at Page 49; (2) all of Lots 11, 12, and • 13, and part of Lot 14, VAIL VILLAGE, SECOND FILING a sub- division plat recorded in Eagle County, Colorado, Reception No. 96928, filed in Plat Book at Page 56, as amended by a plat ~~hich is filed under Reception No. 97199, in Plat Book at Page 58. '~ ~ ~.~. ;. I ~ r~ 1t S1F.i. 1..; ~„..1 - . r r•v. •~1• .v ~.. ~ !' ~~ Eby cer:i'~• ;':.i. t~:'rs ;gsrru;^,~nt was si; : or ~ e"- rc:o- rr my off:r~ t,1~ ~; . ~ ....~.~"c~c;,i.:._.!~t., Ord is c'u'y record~d ti ~ 'C ire £ccc....~~./._.---P3S° .~.__. ,.._ ~.~ Coun~y Clerk aad•iteco r .......a..:..... ........ ~J (~~,~ fae ~. L~ . ;, .; :: Dear Mr. Mauriello: I am writing you on behalf of the Board of the Vail International Condominium Owners Association. We appreciate the opportunity to review the proposed amendments being proposed by you on behalf of the Board of the Lodge at Lionshead Phase 3 Association. Upon review of the proposal to eliminate any reference to the Architectural Control Committee, we agree and support the proposed covenant amendments. We believe that the proposed amendments will allow all of the property owners in this subdivision to renovate and redevelop without the risk associated with complying with a covenant requiring review by a committee that does not exist. We encourage the Town to amend the covenants as proposed. Please forward this letter to the appropriate Town of Vail ofFcials on my behalf. Sincerely, Heidi A. Hansen, President, Vail International Condominium Owners Association 300 Lionshead Circle Vail, Colorado heidihansenCa prodigv.net From: TJ Brink (mailto:tbrinkC6)semperdev coml Sent: Thursday, June 21, 2007 5:35 AM To: Dominic Mauriello; Snowden Smith Cc: George Ruther Subject: RE: Vail Lionshead 2nd Filing Covenants Dominic: As owners of the Evergreen-Lodge at Vail, we have no objection to the requested amendment (as I discussed with George Ruther on two separate occasions over the past several weeks); however, we don't understand why the Town of Vail and your client would not want to terminate the entire covenant agreement. Every provision in the agreement is either controlled by the architectural control committee (which will now be deleted by your proposed amendment) or involves issues and restrictions which are covered fully by the current Town of Vail zoning rules. Accordingly, if you are going to take the time to do this, I believe you should recommend that these be terminated completely and not just amended. Thanks, TJ Very truly yours, Thomas J. Brink President HB Development Co. Minneapolis Office: RESOLUTION NO. 17 Series of 2007 A RESOLUTION AUTHORIZING THE TOWN OF VAIL TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF COLORADO TO PREPARE A TRANSPORTATION MASTER PLAN AND ACCESS MANAGEMENT PLAN FOR THE I-70 VAIL FRONTAGE ROAD, IN VAIL, COLORADO; 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 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, the Council considers it in the interest of the public health, safety and welfare to prepare an Access Management Plan for the Vail I-70 Frontage Road. The estimated total cost of the work shall be Twenty-Four Thousand dollars ($24,000), which the State. of Colorado (the "State") has funds available and desires to provide 100% of the funding for the work. WHEREAS, the Council's approval of this Resolution No. 17, Series 2007, is required to enter into this Intergovernmental Agreement. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: The Intergovernmental Agreement to prepare a transportation master plan and access management plan for the Vail I-70 Frontage Roads is hereby approved by the Council. 2. This resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 7th day of August, 2007. Rodney E. Slifer, Mayor of the Town of Vail, Colorado ATTEST: Lorelei Donaldson, Town Clerk Resolution No. 17, Series 2007 (State $LAWRK) PROJECT C R300-132, (15702) REGION 3(pw) CONTRACT THIS CONTRACT made this day of Rev 10/03 08HA300001 SAP ID 271000549 20 , by and between the State of Colorado for the use and benefit of the Colorado Department of Transportation hereinafter referred to as the State and Town of Vail, 75 S. Frontage Rd. West, Vail, Colorado 81657, FEIN: 840571385, hereinafter referred to as the "Contractor" orthe "Local Agency." RECITALS 1. Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient uncommitted balance thereof remains available for payment of project and Local Agency costs in Fund Number 400, Function 3800, GL Acct. 4231200010, WBS Element 15702.10.50, (Contract Encumbrance Amount: $24,000.00). 2. Required approval, clearance and coordination has been accomplished from and with appropriate agencies. 3. Pursuant to 43-2-104.5 C.R.S. as amended, the State may contract with Local Agencies to provide maintenance and construction of highways that are part of the state (or local agency) highway system. 4. Local Agency anticipates a project to prepare an Access Management Plan for the Vail I- 70 frontage roads and by the date of execution of this contract, the Local Agency and/or the State has completed and submitted a preliminary version of CDOT form #463 describing the general nature of the Work. The Local Agency understands that, before the Work begins, form #463 maybe revised as a result of design changes made by CDOT, in coordination with the Local Agency, in its internal review process. The Local Agency desires to perform the Work described in form #4.63, as it may be revised. 5. The Local Agency has requested that State funds be made available for project C R300- 132 (15702), which shall consist of preparing an Access Management Plan for the Vail I-70 frontage roads, referred to as the "Project" or the "Work." Such Work will be performed in Vail, Colorado, specifically described in Exhibit A. 6. The State has funds available and desires to provide 100% of the funding for the work. 7. The Local Agency desires to comply with all state and other applicable requirements, including the State's general administration of the project through this contract, in order to obtain state funds for the project. Page 1 of 17 8. The Local Agency has estimated the total cost of the work and is prepared to accept the state funding for the work, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives of the Local Agency, which expressly authorizes the Local Agency to enter into this contract and to complete the work under the project. A copy of this ordinance or resolution is attached hereto and incorporated herein as Exhibit B. 9. This contract is executed under the authority of §§ 29-1-203, 43-1-110; 43-1-116, 43-2- 101(4)(c) and 43-2-144, C.R.S. and Exhibit B. 10. The Local Agency is adequately staffed and suitably equipped to undertake and satisfactorily complete some or all of the Work. 11. The Local Agency can more advantageously perform the Work. THE PARTIES NOW AGREE THAT: Section 1. Scope of Work The Project or the Work under this contract shall consist of Preparing a Transportation Master Plan and Access Management Plan for the Vail frontage road, in Vail, Colorado, as more specifically described in Exhibit A. Section 2. Order of Precedence In the event of conflicts or inconsistencies between this contract and its exhibits, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: 1. Special Provisions contained in section 27 of this contract 2. This contract 3. Exhibit A (Scope of Work) 4. Exhibit C (Contract Modification Tools) 5. Exhibit D (DBE Requirements) 6. Other Exhibits in descending order of their attachment. Section 3. Term This contract shall be effective upon approval of the State Controller or designee, or on the date made, whichever is later. The term of this contract shall continue through the completion and final acceptance of the Project by the State, FHWA and the Local Agency. Page 2 of 17 Section 4. Project Funding Provisions A. The Local Agency has estimated the total cost of the work and is prepared to accept the state funding for the work, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives of the Local Agency, which expressly authorizes the Local Agency to enter into this contract and to complete the work under the project. A copy of this ordinance or resolution is attached hereto and incorporated herein as Exhibit B. B. The Local Agency has estimated the total cost the work to be $24,000.00 which is to be funded as follows: a. State funds: Total Funds: $24, 000.00 $24,000.00 C. The .maximum amount payable to the Local Agency under this contract shall be $24,000.00, unless such amount is increased by an appropriate written modification to this contract executed before any increased cost is incurred. It is understood and agreed by the parties hereto that the total cost of the work stated hereinbefore is the best estimate available, based on the design data as approved at the time of execution of this contract, and that such cost is subject to revisions (in accord with the procedure in the previous sentence) agreeable to the parties prior to bid and award. D. The parties hereto agree that this contract is contingent upon all funds designated for the project herein being made available from state sources, as applicable. Should these sources fail to provide necessary funds as agreed upon herein, the contract may be terminated by either party, provided that any party terminating its interest and obligations herein shall not be relieved of any obligations which existed prior to the effective date of such termination or which may occur as a result of such termination. Section 5. Project Payment Provisions A. The State will reimburse the Local Agency for incurred costs relative to the project following the State's review and approval of such charges, subject to the terms and conditions of this contract. Provided, however, that charges incurred by the Local Agency prior to the date this contract is executed by the State Controller will not be charged by the Local Agency to the project, and will not be reimbursed by the State. B. The State will reimburse the Local Agency's reasonable, allocable, allowable costs of performance of the Work, not exceeding the maximum total amount described in Section 4. The applicable principles described in 49 C.F.R. 18 Subpart C and 49 C.F.R. 18.22 shall govern the allowability and allocability of costs under this contract. The Local Agency shalt comply with all such principles. To be eligible for reimbursement, costs by the Local Agency shall be: 1. in accordance with the provisions of Section 4 and with the terms and Page 3 of 17 conditions of this contract; 2. necessary for the accomplishment of the Work; 3. reasonable in the amount for the goods and services provided; 4. actual net cost to the Local Agency (i.e. the price paid minus any refunds, rebates, or other items of value received by the Local Agency that have the effect of reducing the cost actually incurred); 5. incurred for Work performed after the effective date of this contract; 6. satisfactorily documented. C. The Local Agency shall establish and maintain a proper accounting system in accordance with generally accepted accounting standards (a separate set of accounts, or as a separate and integral part of its current accounting scheme) to assure that project funds are expended and costs accounted for in a manner consistent with this contract and project objectives. 1. All allowable costs charged to the project, including any approved services contributed by the Local Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in detail the nature of the charges. 2. Any check or order drawn up by the Local Agency, including any item which is or will be chargeable against the project account shall be drawn up only in accordance with a properly signed voucher then on file in the office of the Local Agency, which will detail the purpose for which said check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents shall be clearly identified, readily accessible, and to the extent feasible, kept separate and apart from all other such documents. D. If the Local Agency is to be billed for CDOT incurred costs, the billing procedure shall be as follows: 1. Upon receipt of each bill from the State, the Local Agency will remit to the State the amount billed no later than 60 days after receipt of each bill. Should the Local Agency fail to pay moneys due the State within 60 days of demand or within such other period as may be agreed between the parties hereto, the Local Agency agrees that, at the request of the State, the State Treasurer may withhold an equal amount from future apportionment due the Local Agency from the Highway Users Tax Fund and to pay such funds directly to the State. Interim funds, until the State is reimbursed, shall be payable from the State Highway Supplementary Fund (400). 2. If the Local Agency fails to make timely payment to the State as required by this section (within 60 days after the date of each bill), the Local Agency shall pay interest to the State at a rate of one percent per month on the amount of the payment which was not made in a timely manner, until the Page 4 of 17 billing is paid in full. The interest shall accrue for the period from the required payment date to the date on which payment is made. E. The Local Agency will prepare and submit to the State, no more than monthly, charges for costs incurred relative to the project. The Local Agency's invoices shall include a description of the amounts of services performed, the dates of performance and the amounts and description of reimbursable expenses. The invoices will be prepared in accordance with the State's standard policies, procedures and standardized billing format to be supplied by the State. F. To be eligible for payment, billings must be received within 60 days after the period for which payment is being requested and final billings on this contract must be received by the State within 60 days after the end of the contract term. 1. Payments pursuant to this contract shall be made as earned, in whole or in part, from available funds, encumbered for the purchase of the described services. The liability of the State, at any time, for such payments shall be limited to the amount remaining of such encumbered funds. 2. In the event this contract is terminated, final payment to the Local Agency may be withheld at the discretion of the State until completion of final audit. 3. Incorrect payments to the Local Agency due to omission, error, fraud or defalcation shall be recovered from the Local Agency by deduction from subsequent payment under this contract or other contracts between the State and Local Agency, or by the State as a debt due to the State. 4. Any costs incurred by the Local Agency that are not allowable under 49 C.F.R. 18 shall be reimbursed by the Local Agency, or offset against current obligations due by the State to the Local Agency, at the State's election. Section 6. State and Local Agency Commitments The Scope of Work/CDOT Form 463 in Exhibit A describes the Work to be performed. The "Responsible Party" referred to in this contract means the Responsible Party as identified in this Contract. A. Design [if applicable] 1. If the Work includes preliminary design or final design (the "Construction Plans"), or design work sheets, or special provisions and estimates (collectively referred to as the "Plans"), the responsible party shall comply with the following requirements, as applicable: a. perform or provide the Plans, to the extent required by the nature of the Work. b. prepare final design (Construction Plans) in accord with the requirements of the latest edition of the American Association of State Highway Transportation Officials (AASHTO) manual or other Page 5 of 17 standard, such as the Uniform Building Code, as approved by CDOT. c. prepare special provisions and estimates in accord with the State's Roadway and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction or Local Agency specifications if approved by CDOT. d. include details of any required detours in the Plans, in order to prevent any interference of the construction work and to protect the traveling public. e. stamp the Plans produced by a Colorado Registered Professional Engineer. f. provide final assembly of Plans and contract documents. g. be responsible for the Plans being accurate and complete. h. make no further changes in the Plans following the award of the construction contract except by agreement in writing between the parties. The Plans shall be considered final when approved and accepted by the parties hereto, and when final they shall be deemed incorporated herein. 2. If the Local Agency is the responsible party: a. The local agency shall comply with the requirements of the Americans With Disabilities Act (ADA), and applicable federal regulations and standards as contained in the document "ADA Accessibility Requirements in CDOT Transportation Projects". b. It shall afford the State ample opportunity to review the Plans and make any changes in the Plans that are directed by the State to comply with FHWA requirements. c. It may enter into a contract with a consultant to do all or any portion of the Plans and/or of construction administration. Provided, however, that if federal-aid funds are involved in the cost of such work to be done by a consultant, that consultant contract (and the performance/provision of the Plans under the contract) must comply with all applicable requirements of 23 CFR Part 172 and with any procedures implementing those requirements as provided by the State, including those in Attachment #1 (Exhibit E) attached hereto. If the Local Agency does enter into a contract with a consultant for the Work: (1) it shall submit a certification that procurement of any design consultant contract complied with the requirements of 23 CFR 172.5(d) prior to entering into contract. The State shall either approve or deny such procurement. If denied, the Local Agency may not enter into the contract. Page 6 of 17 (2) it shall ensure that all changes in the consultant contract have prior approval by the State and FHWA. Such changes in the contract shall be by written supplement agreement. As soon as the contract with the consultant has been awarded by the Local Agency, one copy of the executed contract shall be submitted to the State. Any amendments to such contract shall also be submitted. (3) it shall require that all consultant billings under that contract shall comply with the State's standardized billing format. Examples of the billing formats are available from the CDOT Agreements Office. (4) it (or its consultant) shall use the CDOT procedures described in Attachment 1 to administer that design consultant subcontract, to comply with 23 CFR 172.5(b) and (d). (5) it may expedite any CDOT approval of its procurement process and/or consultant contract by submitting a letter to CDOT from the certifying Local Agency's attorney/authorized representative certifying compliance with Attachment 1 and 23 CFR 172.5(b)and (d). (6) it shall ensure that its consultant contract complies with the requirements of 49 CFR 18.36(1) and contains the following language verbatim: (a) "The design work under this contract shall be compatible with the requirements of the contract between the Local Agency and the State (which is incorporated herein by this reference) for the design/construction of the project. The State is an intended third party beneficiary of this contract for that purpose." (b) "Upon advertisement of the project work for construction, the consultant shall make available services as requested by the State to assist the State in the evaluation of construction and the resolution of construction problems that may arise during the construction of the project." (c) "The consultant shall review the construction contractor's shop drawings for conformance with the contract documents and compliance with the provisions of the State's publication, Standard Specifications for Road and Bridge Construction, m connection with this work." d. The State, in its discretion, will review construction plans, special provisions and estimates and will cause the Local Agency to make changes therein that the State determines are necessary to assure compliance with State and FHWA requirements. B. Construction [if applicable] If the Work includes construction, the responsible party shall perform the construction in accordance with the approved design plans and/or administer Page 7 of 17 the construction all in accord with the Scope of Work/CDOT Form 463. Such administration shall include project inspection and testing; approving sources of materials; performing required plant and shop inspections; documentation of contract payments, testing and inspection activities; preparing and approving pay estimates; preparing, approving and securing the funding for contract modification orders and minor contract revisions; processing contractor claims; construction supervision; and meeting the Quality Control requirements of the FHWA/CDOT Stewardship Agreement, as described in this Contract. 2. The State shall have the authority to suspend the Work, wholly or in part, by giving written notice thereof to the Local Agency, due to the failure of the Local Agency or its contractor to correct project conditions which are unsafe for workers or for such periods as the State may deem necessary due to unsuitable weather, or for conditions considered unsuitable for the prosecution of the Work, or for any other condition or reason deemed by the State to be in the public interest. 3. If the Local Agency is the responsible party: a. it shall appoint a qualified professional engineer, licensed in the State of Colorado, as the Local Agency Project Engineer (CAPE), to perform that administration. The CAPE shall administer the project in accordance with this contract, the requirements of the construction contract and applicable State procedures. b. if bids are to be let for the construction of the project, it shall advertise the call for bids upon approval by the State and award the construction contract(s) to the low responsible bidder(s) upon approval by the State. (1) the Local Agency has the option to accept or reject the proposal of the apparent low bidder for work on which competitive bids have been received. The Local Agency must declare the acceptance or rejection within 3 working days after said bids are publicly opened. (2) by indicating its concurrence in such award, the Local Agency, acting by or through its duly authorized representatives, agrees to provide additional funds, subject to their availability and appropriation for that purpose, if required to complete the Work under this project if no additional federal-aid funds will be made available for the project. This paragraph also applies to projects advertised and awarded by the State. Page 8 of 17 c. If all or part of the construction work is to be accomplished by Local Agency personnel (i.e. by force account), rather than by a competitive bidding process, the Local Agency will ensure that all such force account work is accomplished in accordance with the pertinent State specifications and requirements with 23 CFR 635, Subpart B, Force Account Construction. (1) Such work will normally be based upon estimated quantities and firm unit prices agreed to between the Local Agency, the State and FHWA in advance of the Work, as provided for in 23 CFR 635.204(c). Such agreed unit prices shall constitute a commitment as to the value of the Work to be performed. (2) An alternative to the above is that the Local Agency may agree to participate in the Work based on actual costs of labor, equipment rental, materials supplies and supervision necessary to complete the Work. Where actual costs are used, eligibility of cost items shall be evaluated for compliance with 48 CFR Part 31. (3) Rental rates for publicly owned equipment will be determined in accordance with the State's Standard Specifications for Road and Bridge Construction § 109.04. (4) All force account work shall have prior approval of the State and/or FHWA and shall not be initiated until the State has issued a written notice to proceed. D. State's obligations The State will perform a final project inspection prior to project acceptance as a Quality Control/Assurance activity. When all Work has been satisfactorily completed, the State will sign a final acceptance form. 2. Notwithstanding any consents or approvals given by the State for the Plans, the State will not be liable or responsible in any manner for the structural design, details or construction of any major structures that are designed by or are the responsibility of the Local Agency as identified in the Scope of Work/CDOT Form 463, Exhibit A. Section 7. ROW Acquisition and Relocation If any acquisition/relocation activities must comply with all federal and state statutes, regulations, CDOT policies and procedures, 49 CFR Part 24, the government wide Uniform Act regulation, the FHWA Project Development Guide and CDOT's Right of Way Operations Manual. Allocation of Responsibilities can be as follows: Page 9 of 17 Federal participation in right of way acquisition (3111 charges), relocation (3109 charges) activities, if any, and right of way incidentals (expenses incidental to acquisition/relocation of right of way - 3114 charges); Federal participation in right of way acquisition (3111 charges), relocation (3109 charges) but no participation in incidental expenses (3114 charges); or No federal participation in right of way acquisition (3111 charges) and relocation activities (3109 expenses). Regardless of the option selected above, the State retains oversight responsibilities. The Local Agency's and the State's responsibilities for each option is specifically set forth in CDOT's Right of Way Operation Manual. The manual is located at http://www.dot.state.co us/ROW Manual/. Section 8. Utilities If necessary, the Responsible Party will be responsible for obtaining the proper clearance or approval from any utility company, which may become involved in this Project. Prior to this Project being advertised for bids, the Responsible Party will certify in writing to the State that all such clearances have been obtained. Section 9. Railroads In the event the Project involves modification of a ~ railroad company's facilities whereby the Work is to be accomplished by railroad company forces, the Responsible Party shall make timely application to the Public Utilities Commission requesting its order providing for the installation of the proposed improvements and not proceed with that part of the Work without compliance. The Responsible Party shall also establish contact with the railroad company involved for the purpose of complying with applicable provisions of 23 CFR 646, subpart B, concerning federal-aid projects involving railroad facilities, including: 1. Executing an agreement setting out what work is to be accomplished and the location(s) thereof, and that the costs of the improvement shall be eligible for federal participation. 2. Obtaining the railroad's detailed estimate of the cost of the Work. 3. Establishing future maintenance responsibilities for the proposed installation. 4. Proscribing future use or dispositions of the proposed improvements in the event of abandonment or elimination of a grade crossing. 5. Establishing future repair and/or replacement responsibilities in the event of accidental destruction or damage to the installation. Section 10. Environmental Obligations The Local Agency shall perform all Work in accordance with the requirements of the current federal and state environmental regulations including the National Environmental Policy Act of 1969 (NEPA) as applicable. Page 10 of 17 Section 11. Maintenance Obligations The Local Agency will maintain and operate the improvements constructed under this contract at its own cost and expense during their useful life, in a manner satisfactory to the State and FHWA. The Local Agency will make proper provisions for such maintenance obligations each year. Such maintenance and operations shalt be conducted in accordance with all applicable statutes, ordinances and regulations which define the Locat Agency's obligations to maintain such improvements. The State and FHWA will make periodic inspections of the project to verify that such improvements are being adequately maintained. Section 12. Record Keeping The Local Agency shall maintain a complete file of all records, documents, commu- nications, and other written materials, which pertain to the- costs incurred under this contract. The Local Agency shall maintain such records for a period of three (3) years after the date of termination of this contract or final payment hereunder, whichever is later, or for such further period as may be necessary to resolve any matters which may be pending. The Local Agency shall make such materials available for inspection at all reasonable times and shall permit duly authorized agents and employees of the State and FHWA to inspect the project and to inspect, review and audit the project records. Section 13. Termination Provisions This contract may be terminated as follows: A. Termination for Convenience. The State may terminate this contract at any time the State determines that the purposes of the distribution of moneys under the contract would no longer be served by completion of the project. The State shall effect such termination by giving written notice of termination to the Local Agency and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. B. Termination for Cause. If, through any cause, the Local. Agency shall fail to fulfill in a timely and proper manner, its obligations under this contract, or if the Local Agency shall violate any of the covenants, agreements, or stipulations of this contract, the State shall thereupon have the right to terminate this contract for cause by giving written notice to the Local Agency of its intent to terminate and at least ten (10) days opportunity to cure the default or show cause why termination is otherwise not appropriate. In the event of termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports or other material prepared by the Local Agency under this contract shall, at the option of the State, become its property, and the Local Agency shall be entitled to receive just and equitable compensation for any services and supplies delivered and accepted. The Local Agency shall be obligated to return any payments advanced under the provisions of this contract. Page 11 of 17 Notwithstanding the above, the Local Agency shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the contract by the Local Agency, and the State may withhold payment to the Local Agency for the purposes of mitigating its damages until such time as the exact amount of damages due to the State from the Local Agency is determined. If after such termination it is determined, for any reason, that the Local Agency was not in default or that the Local Agency's action/inaction was excusable, such termination shall be treated as a termination for convenience, and the rights and obligations of the parties shall be the same as if the contract had been terminated for convenience, as described herein. C. Termination Due to Loss of Funding The parties hereto expressly recognize that the Local Agency is to be paid, reimbursed, or otherwise compensated with federal and/or State funds which are available to the State for the purposes of contracting for the Project provided for herein, and therefore, the Local Agency expressly understands and agrees that all its rights, demands and claims to compensation arising under this contract are contingent upon availability of such funds to the State. In the event that such funds or any part thereof are not available to the. State, the State may immediately terminate or amend this contract. Section 14. Legal Authority The Local Agency warrants that it possesses the legal authority to enter into this contract. ,and that it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this contract and to bind the Local Agency to its terms. The person(s) executing this contract on behalf of the Local Agency warrants that such person(s) has full authorization to execute this contract. Section 15. Representatives and Notice The State will provide liaison with the Local Agency through the State's Region Director, Region 3, 222 S. 6"' Street, Room 317, Grand Junction, Colorado 81501 Said Region Director will also be responsible for coordinating the State's activities under this contract and will also issue a "Notice to Proceed" to the Local Agency for commencement of the Work. All communications relating to the day-to-day activities for the work shall be exchanged between representatives of the State's Transportation Region 3 and the Local Agency. All communication, notices, and correspondence shall be addressed to the Page 12 of 17 individuals identified below. Either party may from time to time designate in writing new or substitute representatives. If to State: Jim Nall CDOT Region 3 Resident Engineer 222 S. 6"' Street, Room 100 Grand Junction, CO 81501 (970)248-7213 Section 16. Successors If to the Local Agency: Gregg Hall Public Works Director Town of Vail 75 S. Frontage Rd. West Vail, Colorado 81657 (970)479-2100 Except as herein otherwise provided, this contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Section 17. Third Party Beneficiaries It is expressly understood and agreed that the enforcement of the terms and conditions of this contract and all rights of action relating to such enforcement, shall be strictly reserved to the State and the Local Agency. Nothing contained in this contract shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the State and the Local Agency that any such person or entity, other than the State or the Local Agency receiving services or benefits under this contract shall be deemed an incidental beneficiary only. Section 18. Governmental Immunity Notwithstanding any other provision of this contract to the contrary, no term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, § 24-10-101, et seq., C.R.S., as now or hereafter amended. The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of § 24-10-101, et seq., C.R.S., as now or hereafter amended and the risk management statutes, §§ 24-30- 1501, et seq., C.R.S., as now or hereafter amended. Section 19. Severability To the extent that this contract maybe executed and performance of the obligations of the parties may be accomplished within the intent of the contract, the terms of this contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. Section 20. Waiver Page 13 of 17 The waiver of any breach of a term, provision, or requirement of this contract shall not be construed or deemed as a waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision or requirement. Section 21. Entire Understanding This contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a writing executed and approved pursuant to the State Fiscal Rules. Section 22. Survival of Contract Terms Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this contract and the exhibits and attachments hereto which may require continued performance, compliance or effect beyond the termination date of the contract shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Local Agency. Section 23. Modification and Amendment This contract is subject to such modifications as may be required by changes in federal or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this contract on the effective date of such change as if fully set forth herein. Except as provided above, no modification of this contract shall be effective unless agreed to in writing by both parties in an amendment to this contract that is properly executed and approved in accordance with applicable law. Section 24. Funding Letters The State may allocate more or less funds available on this contract using a Funding Letter substantially equivalent to Exhibit C and bearing the approval of the State Controller or his designee. The funding letter shall not be deemed valid until it shall have been approved by the State Controller or his designee. Section 25. Disadvantaged Business Enterprise (DBE) The Locat Agency will comply with all requirements regarding DBE requirements for the Work, except that if the Local Agency desires to use its own DBE program to implement and administer the DBE provisions of 49 CFR Part 26 under this contract, it must submit a copy of its program's requirements to the State for review and approval before the execution of this contract. If the Local Agency uses its program for this contract, the Local Agency shall be solely responsible to defend that DBE program and its use of Page 14 of 17 that program against all legal and other challenges or complaints, at its sole cost and expense. Such responsibility includes, without limitation, determinations concerning DBE eligibility requirements and certification, adequate legal and factual bases for DBE goals and good faith efforts. State approval (if provided) of the Local Agency's DBE program does not waive or modify the sole responsibility of the Local Agency for its use as described above. Section 26. Disputes Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement will be decided by the Chief Engineer of the Department of Transportation. The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar days after the date of receipt of a copy of such written decision, the Local Agency mails or otherwise furnishes to the State a written appeal addressed to the Executive Director of the Department of Transportation. In connection with any appeal proceeding under this clause, the Local Agency shall he a`~orded an opportunity to be heard and to offer evidence in support of its appeal Pe ,_ ;gal decision of a dispute hereunder, the Local Agency shall proceed d'!'^r qtly with the ~erFormance of the contract in accordance with the Chief Engineer's ~.,,~ion. '"~~ ~"ari~ion of the Executive Director or his duly authorized representative for the dr such appeals will be final and conclusive and serve as final agency `- ;clause does not preclude consideration of questions of law in v~ ~ - ` .. visions provided for herein. Nothing in this contract, however, shall be ,g final the decision of any administrative official, representative, or ~• - of law. Page 15 of 17 Section 27. L- SPECIAL PROVISIONS The Special Provisions apply to all contracts except where noted in italics. 1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1). This contract shall not be deemed valid until it has been approved by the Colorado State Controller or designee. 2. FUND AVAILABILITY. CRS 24-30-202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 3. INDEMNIFICATION. Contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. [App/icab/e On/y to Intergovernmenta/ Contracts) No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions, of the Colorado Governmental Immunity Act, CRS 24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq., as applicable, as now or hereafter amended. 4. INDEPENDENT CONTRACTOR. 4 CCR 801-2. Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither contractor nor any agent or employee of contractor shall be or shall be deemed to be an agent or employee of the state. Contractor shall pay when due all required employment taxes and income taxes and local head taxes on any monies paid by the state pursuant to this contract. Contractor acknowledges that contractor and its employees are not entitled to unemployment insurance benefits unless contractor or a third party provides such coverage and that the state does not pay for or otherwise provide such coverage. Contractor shall have no authorization, express or implied, to bind the state to any agreement, liability or understanding, except as expressly set forth herein. Contractor shall provide and keep in force workers' compensation (and provide proof of such insurance when requested by the state) and unemployment compensation insurance in the amounts required by law and shall be solely responsible for its acts and those of its employees and agents. 5. NON-DISCRIMINATION. Contractor agrees to comply with the letter and the spirit of all applicable State and federal laws respecting discrimination and unfair employment practices. 6. CHOICE OF LAW. The laws of the State of Colorado, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this contract. Any provision of this contract, whether or not incorporated herein by reference, which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract, to the extent that this contract is capable of execution. At all times during the performance of this contract, Contractor shall strictly adhere to all applicable federal and State laws, rules, and regulations that have been or may hereafter be established. 7. [Not App/icab/e to Intergovernmental Contracts) VENDOR OFFSET. CRS 24-30-202 (i) and 24-30-202.4. The State Controller may withhold payment of certain debts owed to State agencies under the vendor offset intercept system for: (a) unpaid child support debt or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in Article 21, Title 39, CRS; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State or its agencies, as a result of final agency determination or reduced to judgment, as certified by the State Controller. 8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. No State or other public funds payable under this contract shall be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies that, for the term of this contract and any extensions, Contractor has in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this paragraph, the State may exercise any remedy available at law or equity or under this contract, including, without limitation, immediate termination of this contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. 9. EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 and 24-50-507. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this contract. 10. [Not Appl/cab/e to Intergovernmenta/ Contracts). ILLEGAL ALIENS -PUBLIC CONTRACTS FOR SERVICES AND RESTRICTIONS ON PUBLIC BENEFITS. CRS 8-17.5-101 and 24-76.5-101. Contractor certifies that it shall comply with the provisions of CRS 8-17.5-101 et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. Contractor represents, warrants, and agrees that it (i) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (ii) otherwise shall comply with the requirements of CRS 8-17.5- 102(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under CRS 8-17.5-102 by the Colorado Department of Labor and Employment. Failure to comply with any requirement of this provision or CRS 8-17.5-101 et seq., shall be cause for termination for breach and Contractor shall be liable for actual and consequential damages. Contractor, if a natural person eighteen (18) years of age or older, hereby swears or affirms under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) shall comply with the provisions of CRS 24-76.5-101 et seq., and (iii) shall produce one form of identification required by CRS 24-76.5-103 prior to the effective date of this contract. Revised October 25, 2006 Effective Date of Special Provisions: August 7, 2006 Page 16 of 17 FORM 463 or SCOPE OF WORK Exhibit A Exhibit A , r. QH{~f,l-4irq/1'~?vI G!"T!}q,v`-F!}AT h'!l?W .. 'x:~ •..•.- "rd<~. ~ D1=SIGN DATA " - - ' ' irr! . r• i _. f I ,. i.~ , a ;1 ;.. 'axe ..i. `• ._ 'i,lr,l Rrv..+;1 ,. / - _. ..__ -...r - r . ,. .' .u,._.' r •-, a.~.t..lnCr • - E , -r -raF " w i. ; . ,• ,,. N t r`~.Fc ? FA ;rt}t%"Al 4r, tfA., '1 .td,.! !,(,(` E L , 'AAA Zr `: E'~` 'LkF~ Pt6~tr:f Cl~7ractw'ctiCS ,;-•c¢rrort r. r - __._ -9i~ Ir a w ~ wr C _r, in . -.., rr __ ._..._'~~ ,~ „..,_~ _._ f . 'tr ? t .. ,-^ ___. .. . Mfr r r_ 5, __, ... .-.. ~... .. ?A'x;~: fir,' r .1.°..!_:..a, If:'.. ~~i r,~r:cr .vay y xs'.. ~; t : UL! frL• • .., .: r ~:,.,, r.»~;~~~. ,,, ~.,, _.___ .._ . r. K r-: ., 1 ..S~r R. ,::jg. ..,M f`ii "Y08lt ;'fJiAirlgy, A _: ' .ts'. ~E.ivrron>r.~ntsl ( u. r Pror-am++t 9-'f.' , ..... _ _. ..1+ J • . ~ ~ ~. ~ ..~ ,~ ~~ ~ ,- „tr. Fc -1. C'Gx» ~ . ~_.__ " ..~:. I~ --- - ,~rr, __, ___._ - -- ---- "-r-t ,t. tip A xana-! 4 , . r . °_x . ,, ., ~ ...a., . u - _ ...y -re!.ar'~.. ki-.. t .a _ _.. .._: /s c . _ , .~ ..,,.: ,~ ,:.~:. . f 0..3 o'r J:h t .a:.cr. ®CV:7strc,c.i;:nik=.au::[t .:f:r•a.:[.,: '• j .-,..~-~ ,:... , 4.rrety Urns wi•a-.ont Y ~ , ;w, . " . _ _ ~_ _ •- ~r , . ___. -. :.. _ ........:.,r.... ,.. ~. _. ..:.:,.a .., ., , JwG' A ~ f~ai"_._. __ r. Exhibit A Page 1 of 3 Exhibit A Exhibit A Page 2 of 3 Exhibit B Exhibit A Page 3 of 3 Exhibit B LOCAL AGENCY ORDINANCE or RESOLUTION Exhibit C COLORADO DEPARTMENT OF TRANSPORTATION CONTRACT AUTHORITY: FUNDING INCREASE/DECREASE AND APPROVAL LETTER Region: State Controller Policy letter on June 12 1996 , Com lete section 1 and submit to CDOT Controller's office. CDOT Controller letter on Ma 23, 1996 (1)This form to be used for the following contracts/situations only (check the appropriate situation): -indefinite quantity, order more/add more -utility/railroad, underestimated total cost _CDOT construction, sum of CMO's LA construction, underestimated cost CDOT construction, underestimated total cost CDOT consultant, underestimated cost SECTION 1 (Re ion use) Date: Pro~ect code To: CDOT Controller (FAX #(303) 757-9573 or e-mail CONTROLLER) Project # From: Office: Phone # FAX # Re ion # CDOT has executed a contract with: Address: CDOT Vendor # Contract routing # SAP Purchase Order Number Fund Functional Area GL Account Number WBS Element or Functional Center Original contract amount Previous Funding Letter(s) total (Funding letter #1 thru #~ This Funding Letter total (#~ Adjusted contract amount SECTION 2 (Controller's Office use Total allotment amount $ Has a Budget Request been processed to cover the contract amount increase? -.yes no Preparer's name PHONE NO: Contract Administrator's/Business Manager's Approval PHONE NO: CDOT Designee Approval Local Agency approval Commission budget If construction: CE charges Indirect chgs Adjusted contract amount plus total CE & indirect _CE pool elig. $ $ charges calculation S I have reviewed the financial status of the project, organization, grant and have determined that sufficient funds are available to cover this increase, effective as of Mate Controller or Delegee Date Exhibit C -Page 1 of 1 Exhibit D DISADVANTAGED BUSINESS ENTERPRISE (DBE) SECTION 1. Policy. It is the policy of the Colorado Department of Transportation (CDOT) that disadvantaged business enterprises shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement, pursuant to 49 CFR Part 23. Consequently, the 49 CFR Part IE DBE requirements the Colorado Department of Transportation DBE Program (or a Local Agency DBE Program approved in advance by the State) apply to this agreement. SECTION 2. DBE Obligation The recipient or its contractor agrees to ensure that disadvantaged business enterprises as determined by the Office of Certification at the Colorado Department of Regulatory Agencies have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided underthis agreement. In this regard, all participants or contractors shall take all necessary and reasonable steps in accordance with the CDOT DBE program (or a Local Agency DBE Program approved in advance by the State) to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and pertormance of CDOT assisted contracts. SECTION 3 .DBE Program The contractor (subrecipient) shall be responsible for obtaining the Disadvantaged Business Enterprise Program of the Colorado Department of Transportation, 1988, as amended, and shall comply with the applicable provisions of the program, (If applicable). A copy of the DBE Program is available from and will be mailed to the contractor upon request: Business Programs Office Colorado Department of Transportation 4201 East Arkansas Avenue, Room 287 Denver, Colorado 80222-3400 Phone: (303) 757-9234 revised 1/22/98 Required by 49 CFR Part 23.41 Exhibit D Page 1 of 1 Exhibit E LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST CDOT Form 12.43 -NOT APPLICBLE Exhibit E Page 1 of 1 Exhibit F ATTACHMENT #1 THE LOCAL AGENCY SHALL USE THESE PROCEDURES TO IMPLEMENT FEDERAL-AID PROJECT AGREEMENTS WITH PROFESSIONAL CONSULTANT SERVICES Title 23 Code of Federal Regulations (CFR) 172 applies to a federally funded local agency project agreement administered by CDOT that involves professional consultant services. 23 CFR 172 and 23 CFR 172(d) state that, "When federal-aid highway funds participate in the contract a local shall use the same procedures as used by the State to administer contracts ...". Therefore, local agencies must comply with this CFR requirement and the following state procedures when obtaining professional consultant services under a federally funded consultant contract administered by CDOT. CDOT has formulated its procedures in Procedural Directive (P.D.) 400.1 and the related operations guidebook titled "Obtaining Professional Consultant Services": This directive and guidebook incorporate requirements from both Federal and State regulations, i.e., 23 CFR 172 and Colorado Revised Statute (C.R.S.) 24-30-1401 et seq. Copies of the directive and the guidebook may be obtained upon request from CDOT's Agreements and Consultant Management Unit. [Local agencies should have their own written procedures on file for each method of procurement that addresses the items in 23 CFR 172.5(b)(1-6)J. Because the procedures and laws described in the Procedural Directive and the guidebook are quite lengthy, the subsequent steps serve as a short-hand guide to CDOT procedures that a local agency must follow in obtaining professional consultant services. This guidance follows the format of 23 CFR 172. The steps are: The contracting local agency shall document the need for obtaining professional services. 2. Prior to solicitation for consultant services, the contracting local agency shall develop a detailed scope of work and a list of evaluation factors and their relative importance. The evaluation factors are those identified in C.R.S. 24-30-1403. Also, a detailed cost estimate should be prepared for use during negotiations. 3. The contracting agency must advertise for contracts in conformitywith the requirements of C.R.S. 24- 30-1405. The public notice period, when such notice is required, is a minimum of 15 days prior to the selection of the three most qualified firms and the advertising should be done in one or more daily newspapers of general circulation. 4. The request for consultant services should include the scope of work, the evaluation factors and their relative importance, the method of payment, and the goal of ten percent (10%) Disadvantaged Business Enterprise (DBE) participation as a minimum for the project. 5. The analysis and selection of the consultants should be done in accordance with C.R.S. 24-30-1403. This section of the regulation identifies the criteria to be used in the evaluation of CDOT pre-qualified prime consultants and their team. it also shows which criteria are used to short-list and to make a final selection. The short-list is based on the following evaluation factors: a. Qualifications, b. Approach to the project, c. Ability to furnish professional services. d. Anticipated design concepts, and e. Alternative methods of approach for furnishing the professional services. Evaluation factors for final selection are the consultant's: Exhibit F Page 1 of 2 Exhibit F a. Abilities of their personnel, b. Past performance, c. Willingness to meet the time and budget requirement, d. Location, e. Current and projected work load, f. Volume of previously awarded contracts, and g. Involvement of minority consultants. Under 2430-1401, cost shall not be considered as a factor in the evaluation of professional consultant services. 6. Once a consultant is selected, the local agency enters into negotiations with the consultant to obtain a fair and reasonable price for the anticipated work. Pre-negotiation audits are prepared for contracts expected to be greater than $50,000.. Federal reimbursement for costs are limited to those costs allowable under the cost principles of 48 CFR 31. Fixed fees (profit) are determined with consideration given to size, complexity, duration, and degree of risk involved in the work. Profit is in the range of six (6) to fifteen (15) percent of the total direct and indirect costs. 7. A qualified local agency employee shall be responsible and in charge of the project to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of the contract. At the end of project, the local agency prepares a performance evaluation (a CDOT form is available) on the consultant. 8. Each of the steps listed above is to be documented in accordance with the provisions of 49 CFR 18.42, which provide for records to be kept at least three (3) years from the date that the local agency submits its final expenditure report. Records of projects under litigation shall be kept at least three (3) years after the case has been settled. The C.R.S. 24-30-1401 through 24-30-1408, 23 CFR Part 172, and P.D. 400.1, provide additional details for complying with the eight (8) steps just discussed. Exhibit F Page 2 of 2 RESOLUTION NO. 18 Series of 2007 A RESOLUTION ADOPTING THE TOWN OF VAIL, COLORADO GRIEVANCE PROCEDURE UNDER THE AMERICANS WITH DISABILITY ACT DATED AUGUST 7, 2007; 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 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, the Council considers it in the interest of the public health, safety and welfare to adopt the Town of Vail, Colorado Grievance Procedure under The Americans with Disabilities Act. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: The Town of Vail, Colorado Grievance Procedure under The Americans with Disabilities Act Dated August 7, 2007, is hereby adopted, will be maintained on file and available for review at the offices of the Town Clerk of the Town of Vail 2. This resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 7th day of August, 2007. Rodney E. Slifer, Mayor of the Town of Vail, Colorado ATTEST: Lorelei Donaldson, Town Clerk Resolution No. 18, Series 2007 TOWN OF VAIL, COLORADO Grievance Procedure under The Americans with Disabilities Act Dated August 7, 2007 This Grievance Procedure is established. to meet the requirements of the Americans with Disabilities Act of 1990. It may be used by anyone who wished to file a complaint alleging discrimination on the basis of disability in the provisions of services, programs, or benefits by the Town of Vail. The Town of Vail's Personnel Policy governs employment related complaints of disability discrimination. The complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complaint and location, date, and description of the problem. Alterative means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made available for persons with disabilities upon request. The complaint should be submitted by the grievant and/or his/her designee as soon as possible but no later than 60 calendar days after alleged violation to: The Town Manager's Office Town of Vail 75 South Frontage Road Vail, Colorado 81657 (970)479-2100 Within 15 calendar days after receipt of the complaint, the Town Manager or his designee will meet the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, the Town Manager or his designee will respond in writing, and where appropriate, in format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the position of the Town of Vail and offer options for substantive resolution of the complaint. If the response of the Town Manager or his designee does not satisfactorily resolve. the issue, the complainant and/or his/her designee may appeal the decision within 15 calendar days after receipt of the response to the Town Council or their designee. Within 15 calendar days after receipt of the appeal, the Town Council or their designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the Town Council or their designee will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint. All written complaints received by the ADA Coordinator, Town Manager or his designee, appeals to the Town Council or their designee and responses from these two offices will be retained by the Town of Vail for at least three years. MEMORANDUM July 26, 2007 To: Vail Town Council Stan Zemler Pam Brandmeyer Judy Camp From: Sally Lorton Re: June Sales Tax On the reverse side please find the latest sales tax worksheet. I estimate I'll collect another $30,000.00 in June sales tax to bring June collections to $948,007.00. If so, we will be up 23.09% or $177,820.00 from budget and up 17.71 % or $142,645.00 from June 2006. STATE OF COLORADO PUBLIC UTILITIES COMMISSION Department of Regulatory Agencies F~ Ron Binz, Chairman D. Rico Munn , _," Polly Page, Commissioner Executive Director (~~~ Carl Miller, Commissioner Doug Dean, Director July 12, 2007 The Honorable Rod Slifer City of Vail 75 South Frontage Road Vail, CO 81657 Dear Mayor Slifer: r~- ~ Bill Ritter, Jr. ~.._, :. % (~"~i~~~~ (Gt% ~ ~ }-~c;~, ~ ~ ~ / ,~'t--` r ! ~ ~ l` .r..~ Governor ~~ ~ , We want to make you aware of a couple of opportunities to participate with us this summer and fall in advancing Colorado's New Energy Economy. First, the Colorado Public Utilities Commission (PUC) and the Colorado Office of Consumer Counsel (OCC) will be traveling around the state in August and September on a joint "listening tour." The PUC and OCC are interested in hearing from Coloradans and their leaders concerning some important energy issues. We are soliciting opinions on topics such as the selection of new electric generation resources, the siting of new transmission lines, energy efficiency measures, low-income issues, and other energy issues that are important to Colorado utility customers. We also want to hear consumers' thoughts about how our decisions on these issues might impact their electric and natural gas bills. Town meetings are scheduled for the following communities: Windsor (Aug. 14), Yuma (Aug. 21), Springfield, (Aug. 28), Alamosa (Aug. 29), Canon City (Aug. 30), Steamboat Springs (Sept. 11), Montrose (Sept. 12) and Vail (Sept. 13). We hope that you will be able to join us at one or more of these meetings. For further details on times and locations, please visit the PUC website at hitp:i%www.dora.state co~us~uc. Aiso, feel free to publicize these meetings and invite others as you think appropriate. Second, the PUC, OCC and the Governor's Energy Office are partnering with Energy Outreach Colorado to sponsor aone-day energy conference to be held in Denver on Tuesday, Oct. 30, at the Marriott City Center in downtown Denver. "Colorado's New Energy Economy: The Path Forward " will examine current and future energy issues as Colorado moves toward more renewable and alternative energy technologies. 1560 Broadway, Suite 250, Denver, Colorado 80202, 303-894-2000 www.dora.state.co.us/puc TTY Users 711 (Relay Colorado) Fax 303-894-2065 Permit and Insurance (Outside Denver) I-800-8$8-0170 Transportation Fax 303-894-2071 Consumer Affairs 303-894-2070 Consumer Affairs (Outside Denver) 1-800-456-0858 Page 2 This informative conference will provide an overview of electric power, natural gas, and renewable energy production and use in Colorado. The conference will explore various policies, initiatives, and technologies and examine how they will impact Colorado's economy and its consumers, from industrial, commercial, to residential and low-income customers. The first-of--its-kind conference will offer a comprehensive perspective on the impact of Colorado's New Energy Economy. Sessions will feature representatives from industry, utilities, government, academia, environmental and consumer advocates. Agenda and registration information for the conference is also available on the PUC website. If you have any questions about either the town meetings or the energy conference, please do not hesitate to call Donna Acierno at 303-894-5950. Sincerely, ~~~~T~'t/~7~' ~- Ron Binz Chairman G~/ Polly Pag Commissioner ~~ -~---- Doug ean Director Carl Miller Commissioner ' TOWN OF VAIL REVENUE HIGHLIGHTS August 2, 2007 Sales Tax Sales tax collections for the month of June are expected to be $948,007, up $142,645 or 18% from last year. Year-to-date collections through June are expected to be $11.3 million, up 7.4% from the same period last year. For comparison, inflation as measured by the consumer price index was up 2.7% in June compared with the prior year. Construction Permit Fee Revenue Construction permit revenue, which can be considered an indicator of redevelopment activity, continues its strong trend with year-to-date construction permit fees of $1.9 million up 80% from the same period last year. Year-to-date permit fees include $1.4 million from major construction projects: the Arrabelle at Vail Square, Cascade Residences, Forest Place, Four Seasons, Lodge Tower, Lodge at LionsHead, Manor Vail, Mountain View (formerly Apollo Park), Ritz Carlton, Solaris, Vail Plaza Hotel, Westhaven Condominiums, and the Willows. Major projects were up approximately $680,000 or 87% over last year while non-major projects were up $181,000. or 61%. Construction permit fees include building, electrical, mechanical, plumbing and sprinkler permits. Real estate Transfer Tax (RETT) Year-to-date RETT collections through July, 2007, total $3.6 million compared with $3.2 million for the same time period last year, a 12% increase. Major redevelopment projects including Gore Creek Place, Forest Place, and One willow Bridge Road contributed $609,300 or 17% of the total in 2007 while only $276,500 or 9% of the total in 2006 consisted of major redevelopment projects. 070807 Revenue Highlights - 1 - TOWN OF VAIL MEMORANDUM TO: Stan Zemler Council Members FROM: Kathleen Halloran DATE: 1st Qtr 2007 RE: Investment Report Enclosed is the investment report with balances as of March 31, 2007. The estimated average yield for the pooled cash fund was 4.95%. As of 4/01/07, the yield curve for 3 months, 6 months, and 1 year are 5.08%, 5.10%, and 4.92% respectively. TOV investments performed near the 1-year yield. Our investment mix follows the policy objectives of safety, liquidity, and yield in that order. 2007 Investment Mix $5.8M Gov't Securities, 11% $1.7M ~ CD's, 3% ~* .~~ ~ . • ~,~ $45.7M Money Market, 86% Other than transfer of funds for operating uses, the Town did not change banking institutions or investment products during the 1 st quarter of 2007. Please call me if you have any questions. Town of Vail, Colorado Investment Report Summary of Accounts and Investments For Month Ended 3/31 /07 2007 Certificates of Deposit (see page 4) Commercial Banks Colorado Investment Pools Money Market Funds Total Balances Percentage 03/31 /07 of Total $1,724,686 3.24% $7,227,115 13.58% $38,046,842 71.47% $424,797 0.80% $47,423,440 89.09 Percentage of Portfolio in Savings & Loans U.S. Government Securities (see page 5) Government Agency Seurities -Piper Jaffrey FNMA'S, GNMA'S, FHLMC'S & SBA'S -Dana Total Total Portfolio Maturing Within 12 Months Maturing Within 24 Months Maturing After 24 Months 0.00% $4,059,767 7.63% $1,748,768 3.29% $5,808,535 10.92% $53,231,975 100% $49,172,208 92.37% $2,963,667 5.57% $1,096,100 2.06% $53,231,975 100.00% Investments 03312007 2 t Money Market Funds as of 3/31 /07 For the Month of March 2007 Institution Type of Accounts COMMERCIAL BANK ACCOUNTS First Bank of Vail -Operating Interest Bank Balance Book Balance Total Commercial Bank Accounts LOCAL GOVERNMENT INVESTMENT POOLS Colotrust General Fund Interest Balance Total Local Government Investment Pools Accounts MONEY MARKET FUNDS Schwab Institutional Money Market Fund -Dana Investments Interest Balance Vail Super Now Public Funds Account -Piper Jaffray ' Interest Balance Total Money Market Funds Total All Accounts Balances Average 03/31 /07 3.410% $7,175,019 $7,227,1 15 $7,227,115 5.260% $38,046,842 $38,046,842 4.500% $162,924 4.590% $261,873 $424,797 $45;698,755 Investments 03312007 3 Certificates of Deposit as of 03/31 /07 Bank Name, Location Rates Purchase Maturity Ins Coupon Yield Date Date ------------------ ------------------ U.S. Bank, Vail Colorado ------------------ - ----------------- - ----------------- FDIC 5.120% 5.250% 31-Mar-07 31-May-08 Alpine Bank, Vail Colorado (#19750) FDIC 3.639% 3.639% 7-Sep-04 7-Sep-08 Alpine Bank, Vail Colorado (#19751) FDIC 5.250% 5.250% 4-Sep-06 7-Sep-08 Avg Yield 4.710% Days to Maturity Maturity at Purchase Value ------------------ ---------------- 427. 5568,796 1461 5549,156 734 5606,734 51,724,686 Investments 03312007 4 Government Securities as of 3/31/07 Days/Years Int Rate Purchase .Maturity to Maturity Market Agency Broker Coupon Yield Date Date at Purchase Value ***Federal Agency Discount Notes & Bonds*** FHLB 39X-KZ-6 Piper Jaffray 2.400% 2.410% 30-May-03 19-Jun-07 4.1 5124,238 FHLB 3X9-TW-0 Piper Jaffray 3.670% 3.680% 1-Dec-04 29-Jun-07 2.6 5263,967 FNMA 31359M-J8-7 Piper Jaffray 5.000% 5.000% 29-Jun-06 14-Sep-07 1.2 5249,675 FHLMC 4A4-RH-9 Piper Jaffray 3.500% 3.520% 30-May-03 15-Sep-07 4.3 5124,063 FFCB 31T-FG-1 Piper Jaffray 3.375% 3.400% 2-Sep-04 24-Sep-07 3.1 599,110 FHLB 3X5-UR-7 Piper Jaffray 3.050% 3.080% 30-Mar-04 29-Oct-07 3.6 5148,155 FHLB 39X-G7-3 Piper Jaffray 2.580% 2.620% 30-May-03 20-Dec-07 4.6 5122,738 FHLB 39X-G4-0 Piper Jaffray 3.050% 3.1 10% 30-May-03 26-Mar-08 4.8 5122,550 FHLB 3X6-GL-4 Piper Jaffray 3.570% 3.620% 2-Sep-04 28-Apr-08 3.7 593,556 FNMA 58C-S4-9 Piper Jaffray 3.125% 3.125% 30-Nov-04 15-May-08 3.5 5283,689 FICO 71 D-KB-8 Piper Jaffray 0.000% 4.276% 21-Jul-05 6-Jun-08 2.9 5235,790 FHLB 39X-LH-5 Piper Jaffray 3.000% 3.070% 30-May-03 18-Jun-08 5.1 5122,100 FHLMC 8X3-WB-5 Piper Jaffray 4.000% 4.050% 2-Sep-04 29-Sep-08 4.1 5197,332 FNMA 31359M-Y6-4 Piper Jaffray 5.125% 5.130% 31-Oct-06 3-Oct-08 1.9 5249,750 FNMA 31359M-Y6-4 Piper Jaffray 5.125% 5.130% 26-Dec-06 3-Oct-08 1.8 5249,750 FNMA 58C-6U-5 Piper Jaffray 3.296% 3.296% 1-Dec-04 15-Nov-08 4.0 5277,206 FNMA 6F6-CY-3 Piper Jaffray 4.300% 4.360% 2-Sep-04 28-Sep-09 5.1 598,450 FHLB 3133XH-FA-5 Piper Jaffray 5.000% 5.010% 26-Dec-06 16-Oct-09 2.8 S249,425 FNMA 3136F8-BG-9 Piper Jaffray 5.150% 5.160% 26-Dec-06 21-Dec-09 3.0 5249,125 FHLB 3133XF-XG-6 Piper Jaffray 5.765% 5.760% 29-Jun-06 29-Dec-09 3.5 5250,150 FFCB 31 S-TD-5 Piper Jaffray 4.650% 4.660% 22-Jul-05 5-Apr-10 4.7 $248,950 Average Yield 4.49% 54,059,767 Days/Years Interest Rate Purchase Maturity to Maturity Market Agency Broker Coupon Yield Date Date at Purchase Value ***FNMA'S, ARM'S & SBA'S*** FNMA SBA 503819V-O SBA 500463V-0 SBA 502640V-O SBA 502647V-Q SBA 504417V-Q SBA 505536V-M Dana Pooled -Dana Pooled -Dana Pooled -Dana Pooled -Dana Pooled -Dana Pooled -Dana 5.000% 8,520% 7,625% 8.225% 8.475% 8.000% 7.875% 5.0% 8.8% 8.0% 8.5% 8.6% 8.1 % 7.7% 23-Jan-06 1-Jul-97 1-Aug-88 1-Jun-94 1-Jul-94 1-Feb-99 1-Aug-01 23-Jan-09 25-Feb-11 25-Jan-13 25-Jun-19 25-Jun-19 25-Feb-24 25-Jun-26 3.0 13.7 24.5 25.1 25.0 25.1 24.9 119,525 58,919 53,667 58,767 513,218 S 12,633 543,787 GNMA 8417 Pooled -Dana 5.125% 6.1 % 1-Oct-88 20-Oct-18 30.1 56,352 GNMA 8703 Pooled -Dana 4.750% 5.7% 1-Sep-95 20-Sep-25 30.1 51,768 GNMA 8720 Pooled -Dana 5.125% 6.1 % 30-Sep-95 20-Oct-25 30.1 51,749 GNMA 8788 Pooled -Dana 5.375% 5.4% 1-Jan-96 20-Jan-26 30.1 51,703 GNMA 80426 Pooled -Dana 4.500% 5.5% 21-Jul-00 20-Jul-30 30.0 521,341 GNMA 80593 Pooled -Dana 4.375% 5.4% 1-Apr-02 20-Apr-32 30.1 515,788 GNMA 80710 Pooled -Dana 4.500% 5.5% 1-Jul-03 20-Jul-33 30.1 522,671 GNMA 831137 Pooled -Dana 5.000% 5.9% 1-Dec-03 20-Nov-33 30.0 523,511 FNMA 555921 Pooled -Dana 5.456% 6.1 % 1-Oct-03 1-Sep-35 31.9 578,927 FNMA 422251 Pooled -Dana 6.124% 7.0% 1-Dec-95 1-Jan-21 25.1 5102,130 FNMA 334439 Pooled -Dana 5.630% 6.6% 1-Dec-95 1-Apr-24 28.4 57,392 FNMA 520790 Pooled -Dana 5.805% 6.4% 1-Jun-00 1-Apr-28 27.9 59,616 FNMA 546468 Pooled -Dana 6.389% 7.1 % 24-May-00 1-Jun-28 28.0 58,169 FNMA 535326 Pooled -Dana 6.472% 6.9% 26-Jun-00 1-Jun-28 28.0 59,632 FNMA 323798 Pooled -Dana 6.427% 7.0% 1-Dec-99 1-May-29 29.4 55,157 FNMA 527140 Pooled -Dana 6.125% 7.4% 1-Dec-99 1-Dec-29 30.0 51,777 FNMA 576517 Pooled -Dana 6.069% 7.1 % 1-Mar-01 1-Feb-30 28.9 53,837 FNMA 567875 Pooled -Dana 5.735% 6.5% 1-Dec-00 1-Sep-30 29.8 510,386 FNMA 593941 Pooled -Dana 5.328% 6.1 % 1-Dec-01 1-Dec-30 29.0 527,259 FNMA 545057 Pooled -Dana 6.394% 7.0% 1-May-01 1-May-31 30.0 54,198 FNMA 650970 Pooled -Dana 6.969% 6.9% 1-Aug-01 1-Jul-32 30.9 510,258 FNMA 709092 Pooled -Dana 6.913% 6.9% 1-Jun-03 1-Jun-33 30.0 518,337 FNMA 723661 Pooled -Dana 5.068% 5.1 % 1-Jul-03 1-Jul-33 30.0 521,515 FNMA 761737 Pooled -Dana 3.720% 5.7% 16-May-05 1-Dec-33 28.6. 550,749 Investments 03312007 Government Securities as of 3/31 /07 Days/Years Int Rate Purchase Maturity to Maturity Market Agency Broker Coupon Yield Date Date at Purchase Value FNMA 725462 Pooled -Dana 5.217% 5.9% 1-Apr-04 1-Jan-34 29.8 519,192 FNMA 791573 Pooled -Dana 4.968% 6.7% 1-Jul-04 1-Aug-34 30.1 520,953 FNMA 888321 Pooled -Dana 6.000% 5.9% 1-Mar-07 1-Aug-34 27.3 5176,747 FNMA 849207 Pooled -Dana 4.686% 6.6% 1-Jan-06 1-Jan-36 30.0 5103,150 FNMA 555624 Pooled -Dana 5.465% 5.8% 1-Jun-03 1-Mar-38 34.8 528,083 FNMA 735967 Pooled -Dana 3.987% 5.8% 1,-Sep-05 1-Mar-38 32.5 547,566 FNMA 557073 Pooled -Dana 5.543% 6.3% 1-Sep-00 1-Jun-40 39.8 513,164 FNMA 110540 Pooled -Dana 5.282% 5.5% 1-Nov-90 1-May-20 29.5 510,900 FNMA 327446 Pooled -Dana 6.143% 6.9% 1-Oct-95 1-Aug-22 26.9 56,666 FNMA 868877 Pooled -Dana 7.370% 7.2% 1-Apr-06 1-Apr-36 30.0 5117,321 FNMA 701045 Pooled -Dana 5.292% 5.5% 1-Apr-03 1-Apr-33 30.0 5148,933 FHLMC 775572 Pooled -Dana 4.907% 5.9% 1-Sep-94 1-Jun-24 29.8 534,124 FHLMC 865469 Pooled -Dana 5.865% 6.0% 1-Dec-95 1-Aug-25 29.7 52,724 FHLMC 610416 Pooled -Dana 6.615% 6.5% 1-Mar-96 1-Mar-26 30.0 5467 FHLMC 755344 Pooled -Dana 6.086% 6.4% 1-May-00 1-Mar-28 27.9 55,224 FHLMC 645235 Pooled -Dana 5.340% 6.2% 1-Jul-00 1-Mar-29 28.7 52,860 FHLMC 846784 Pooled -Dana 6.187% 6.9% 1-Jul-00 1-May-29 28.9 55,265 FHLMC 786867 Pooled -Dana 5.892% 7.1 % 1-Nov-99 1-Aug-29 29.8 55,523 FHLMC 846956 Pooled -Dana 6.315% 7.3% 1-Nov-01 1-Nov-31 30.0 54,837 FHLMC 847166 Pooled -Dana 4.137% 5.3% 1-Jul-03 1-Aug-33 30.1 523,407 FHLMC 847359 Pooled -Dana 5.202% 6.2% 1-Dec-04 1-Dec-34 30.0 529,683 FHLMC 847629 Pooled -Dana 5.535% 5.4% 1-Oct-06 1-Sep-36 29.9 581,591 FHLMC 865006 Pooled -Dana 6.935% 6.9% 1-Feb-89 1-Aug-18 29.5 51,803 FHLMC 865127 Pooled -Dana 6.183% 6.1 % 1-Aug-89 1-Mar-19 29.6 52,805 FHLMC 865476 Pooled -Dana 5.353% 5.3% 1-Apr-96 1-Feb-36 39.9 51,884 FHLMC 865663 Pooled -Dana 5.540% 5.5% 1-Nov-00 1-Feb-30 29.3 53,576 FHLMC 765114 Pooled -Dana 6.295% 6.7% 1-Mar-99 1-Jan-18 18.9 56,324 FHLMC 847427 Pooled -Dana 5.782% 7.0% 1-Jul-05 1-Sep-34 29.2 517,018 FHLMC 847058 Pooled-Dana 5.552% 5.5% 1-Aug-02 1-Aug-32 30.0 5128,158 FHLMC 611384 Pooled -Dana 5.941 % 7.3% 11-Feb-05 1-Dec-32 27.8 511,883 Accrued Interest 6.000% 59,493. Income Receivable 52,707 Average Yield 6.00% 1,748,768 Total 55,808,535 Investments 03312007 6 TOWN OF VAIL MEMORANDUM TO: Stan Zemler Council Members FROM: Kathleen Halloran DATE: 2nd Qtr 2007 RE: Investment Report Enclosed is the investment report with balances as of June 30, 2007. The estimated average yield for the pooled cash fund was 5.2%. As of 6/01/07, the yield curve for 3 months, 6 months, and 1 year are 4.94%, 4.95%, and 4.96% respectively. TOV investments performed above all of these yields. Our investment mix follows the policy objectives of safety, liquidity, and yield in that order. 2007 Investment Mix $6.2M Gov't Securities, 11% $1.7M ~ CD's, 3% x, $48.5M Money Market, 86% Other than transfer of funds for operating uses, the Town did not change banking institutions or investment products during the 1 st quarter of 2007. Please call me if you have any questions. Town of Vail, Colorado Investment Report Summary of Accounts and Investments For Month Ended 6/30/07 2007 Certificates of Deposit (see page 4) Commercial Banks Colorado Investment Pools Money Market Funds Total Balances Percentage 6/31 /2007 of Total $1, 744, 966 3.09 $5,266,887 9.32 $43,178,278 76.43% $73,530 0.13% $ 50, 263,660 88.97 Percentage of Portfolio in Savings & Loans U.S. Government Securities fsee page 5) Government Agency Seurities -Piper Jaffray FNMA'S, GNMA'S, FHLMC'S & SBA'S -Dana Total Total Portfolio Maturing Within 12 Months Maturing Within 24 Months Maturing After 24 Months 0.00% $4,316,933 $1,915,960 7.64% 3.39% $6,232,893 11.03% $56,496,553 100% $52,179,620 92.36% .$1,780,758 3.15% $2,536,175 4.49% $56,496,553 100.00% Investments 06302007 2 Money Market Funds as of 6/30/07 For the Month of June 2007 Institution Type of Accounts .COMMERCIAL BANK ACCOUNTS First Bank of Vail -Operating Interest Bank Balance Book Balance Total Commercial Bank Accounts LOCAL GOVERNMENT INVESTMENT POOLS Colotrust Genera! Fund Interest Balance Total Local Government Investment Pools Accounts MONEY MARKET FUNDS Schwab Institutional Money Market Fund -Dana Investments Interest Balance Vail Super Now Public Funds Account -Piper Jaffray Interest Balance Total Money Market Funds Total All Accounts Balances Average 06/30/07 3.420% $6,184,275 $5,266,887 $5,266,887 5.240% 4.500% $43,178,278 $43,178,278 $ 20, 230 4.570% $53,299 $73,530 $48,518,694 Investments 06302007 3 Certificates of Deposit as of 06/30/07 Bank Name, Location Rates Purchase Maturity Ins Coupon Yield Date Date U.S. Bank, Vail Colorado FDIC 5.120% 5.250% 31-Mar-07 31-May-08 Alpine Bank, Vail Colorado (#19750) FDIC 3.639% 3.639% 7-Sep-04 7-Sep-08 Alpine Bank, Vail Colorado 1#19751) FDIC 5.250% 5.250% 4-Sep-06 7-Sep-08 Avg Yield 4.710% .Days to Maturity Maturity at Purchase Value 427 5576,103 1461 5554,153 734 5614,710 51,744,966 Investments 06302007 4 Government Securities as of 6/30/07 Days/Years Int Rate Purchase Maturity to Maturity Market Agency Broker Coupon Yield Date Date at Purchase Value * * *Federal Agency Discount Notes & Bonds * * * FHLB 39X-KZ-6 Piper Jaffray 2.400% 2.410% 30-May-03 19-Jun-07 4.1 50 FHLB 3X9-TW-0 Piper Jaffray 3.670% 3.680% 1-Dec-04 29-Jun-07 2.6 50 FNMA 31359M-J8-7 Piper Jaffray 5.000% 5.000% 29-Jun-06 14-Sep-07 1.2 5249,750 FHLMC 4A4-RH-9 Piper Jaffray 3.500% 3.510% 30-May-03 15-Sep-07 4.3 5124,531 FFCB 31T-FG-1 Piper Jaffray 3.375% 3.390% 2-Sep-04 24-Sep-07 3.1 599,540 FHLB 3X5-UR-7 Piper Jaffray 3.050% 3.070% 30-Mar-04 29-Oct-07 3.6 5148,860 FHLB 39X-G7-3 Piper Jaffray 2.580% 2.610% 30-May-03 20-Dec-07 4.6 5123,388 FHLB 39X-G4-0 Piper Jaffray 3.050% 3.100% 30-May-03 26-Mar-08 4.8 5122,888 FHLB 3X6-GL-4 Piper Jaffray 3.570% 3.620% 2-Sep-04 28-Apr-08 3.7 593,661 FNMA 58C-S4-9 Piper Jaffray 3.125% 5.640% 30-Nov-04 15-May-08 3.5 50 FICO 71 D-KB-8 Piper Jaffray 0.000% 5.596% 21-Jul-05 6-Jun-08 2.9 50 FHLB 39X-LH-5 Piper Jaffray 3.000% 3.060% 30-May-03 18-Jun-08 5.1 5122,325 FHLMC 8X3-WB-5 Piper Jaffray 4.000% 4.060% 2-Sep-04 29-Sep-08 4.1 5196,966 FNMA 31359M-Y6-4 Piper Jaffray 5.125% 5.130% 31-Oct-06 3-Oct-08 1.9 5249,425 FNMA 31359M-Y6-4 Piper Jaffray 5.125% 5.130% 26-Dec-06 3-Oct-08 1.8 5249,425 FNMA 58C-6U-5 Piper Jaffray 3.296% 5.566% 1-Dec-04 15-Nov-08 4.0 50 FNMA 6F6-CY-3 Piper Jaffray 4.300% 4.380% 2-Sep-04 28-Sep-09 5.1 598,080 FHLB 3133XH-FA-5 Piper Jaffray 5.000% 5.030% 26-Dec-06 16-Oct-09 2.8 5248,500 FNMA 3136F8-BG-9 Piper Jaffray 5.150% 5.170% 26-Dec-06 21-Dec-09 3.0 5248,600 FHLB 3133XF-XG-6 Piper Jaffray 5.765% 5.760% 29-Jun-06 29-Dec-09 3.5 50 FFCB 31 S-TD-5 Piper Jaffray 4.650% 4.710% 22-Jul-05 5-Apr-10 4.7 5246,475 FHLB 3133XK-LQ-6 Piper Jaffray 5.400% 5.410% 27-Jun-07 30-Apr-10 2.8 5299,010 FHLB 3133XK-UB-9 Piper Jaffray 5.400% 5.410% 26-Jun-07 17-May-10 2.9 5299,100 FHLB 3133XK-6X-6 Piper Jaffray 5.375% 5.380% 27-Jun-07 18-Jun-10 3.0 5249.,525 FHLB 3133XK-LV-5 Piper Jaffray 5.500% 5.510% 26-Jun-07 24-Nov-10 3.4 5299,160 FHLB 3133XK-Z9-9 Piper Jaffray 5.300% 5.320% 27-Jun-07 15-Dec-10 3.5 5248,925 FHLB 3133XK-4R-1 Piper Jaffray 5.500% 5.520% 27-Jun-07 20-Jun-1 1 4.0 5298,800 Average Yield 6.30% 54,316,933 DayslYears Interest Rate Purchase Maturity to Maturity Market Agency Broker Coupon Yield Date Date at Purchase Value ***FNMA'S, ARM'S & SBA'S*** FNMA Dana 5.000% 5.0% 23-Jan-06 23-Jan-09 3.0 119,616 SBA 503819V-Q Pooled -Dana 8.520% 9.0% 1-Jul-97 25-Feb-11 13.7 58,093 SBA 500463V-O Pooled -Dana 7.625% 8.0% 1-Aug-88 25-Jan-13 24.5 53,537 SBA 502640V-0 Pooled -Dana 8.225% 8.4% 1-Jun-94 25-Jun-19 25.1 58,686 SBA 502647V-O Pooled -Dana 8.475% 8.6% 1-Jul-94 25-Jun-19 25.0 513,064 SBA 504417V-0 Pooled -Dana 8.000% 8.1 % 1-Feb-99 25-Feb-24 25.1 512,534 SBA 505536V-M Pooled -Dana 7.875% 7.7% 1-Aug-01 25-Jun-26 24.9 543,523 GNMA 8417 Pooled -Dana 5.125% 6.1 % 1-Oct-88 20-Oct-18 30.1 55,628 GNMA 8703 Pooled -Dana 4.750% 5.7% 1-Sep-95 20-Sep-25 30.1 51,692 GNMA 8720 Pooled -Dana 5.125% 6.1 % 30-Sep-95 20-Oct-25 30.1 51,605 GNMA 8788 Pooled -Dana 5.375% 6.4% 1-Jan-96 20-Jan-26 30.1 51,550 GNMA 80426 Pooled -Dana 4.500% 5.5% 21-Jul-00 20-Jul-30 30.0 518,967 GNMA 80593 Pooled -Dana 4.375% 5.4% 1-Apr-02 20-Apr-32 30.1 513,913 GNMA 80710 Pooled -Dana 4.500% 5.5% 1-Jul-03 20-Jul-33 30.1 520,277 GNMA 831137 Pooled -Dana 5.000% 5.9% 1-Dec-03 20-Nov-33 30.0 523,422 FNMA 555921 Pooled -Dana 5.456% 6.0% 1-Oct-03 1-Sep-35 31.9 575,044 FNMA 422251 Pooled -Dana 6.124% 7.0% 1-Dec-95 1-Jan-21 25.1 594,106 FNMA 334439 Pooled -Dana 5.630% 6.6% 1-Dec-95 1-Apr-24 28.4 57,315 FNMA 520790 Pooled -Dana 5.805% 6.7% 1-Jun-00 1-Apr-28 27.9 59,574 FNMA 546468 Pooled -Dana 6.389% 7.2% 24-May-00 1-Jun-28 28.0 57,026 FNMA 535326 Pooled -Dana 6.472% 6.9% 26-Jun-00 1-Jun-28 28.0 59,114 Investments 06302007 Government Securities as of 6/30/07 Days/Years Int Rate Purchase Maturity to Maturity Market Agency Broker Coupon Yield Date Date at Purchase Value FNMA 323798 Pooled -Dana 6.427% 7.1 % 1-Dec-99 1-May-29 29.4 54,861 FNMA 576517 Pooled -Dana 6.069% 7.3% 1-Mar-01 1-Feb-30 28.9 53,829 FNMA 567875 Pooled -Dana 5.735% 6.6% 1-Dec-00 1-Sep-30 29.8 59,066 FNMA 593941 Pooled -Dana 5.328°~ 6.2% 1-Dec-01 1-Dec-30 29.0 527,261 FNMA 545057 Pooled -Dana 6.394% 7.2% 1-May-01 1-May-31 30.0 52,565 FNMA 650970 Pooled -Dana 6.969% 7.0% 1-Aug-01 1-Jul-32 30.9 510,179 FNMA 709092 Pooled -Dana 6.913% 7.0% 1-Jun-03 1-Jun-33 30.0 514,041 FNMA 723661 Pooled -Dana 5.068% 7.0% 1-Jul-03 1-Jul-33 30.0 513,081 FNMA 761737 Pooled -Dana 3.720% 5.7% 16-May-05 1-Dec-33 28.6 539,334 FNMA 725462 Pooled -Dana 5.217% 6.0% 1-Apr-04 1-Jan-34 29.8 518,927 FNMA 745160 Pooled -Dana 5.592% 5.5% 1-Dec-05 1-Mar-34 28.3 593,720 FNMA 791573 Pooled -Dana 4.968% 6.7% 1-Jul-04 1-Aug-34 30.1 517,249 FNMA 888321 Pooled -Dana 6.000% 6.1 % 1-Mar-07 1-Aug-34 27.3 5153,649 FNMA 849207 Pooled -Dana 4.686% 6.6% 1-Jan-06 1-Jan-36 30.0 .588,539 FNMA 555624 Pooled -Dana 5.465% 7.1 % 1-Jun-03 1-Mar-38 34.8 519,323 FNMA 735967 Pooled -Dana 3.987% 5.8% 1-Sep-05 1-Mar-38 32.5 540,761 FNMA 888386 Pooled -Dana 5.601 % 5.5% 1-Apr-07 1-Mar-38 30.9 5265,614 FNMA 557073 Pooled -Dana 5.543% 6.4% 1-Sep-00 1-Jun-40 39.8 511,945 FNMA 110540 Pooled -Dana 5.282% 5.5% 1-Nov-90 1-May-20 29.5 510,683 FNMA 327446 Pooled -Dana 6.143% 6.9% 1-Oct-95 1-Aug-22 26.9 $6,460 FNMA 868877 Pooled -Dana 7.370% 7.2% 1-Apr-06 1-Apr-36 30.0 593,031 FNMA 701045 Pooled -Dana 5.292% 6.7% 1-Apr-03 1-Apr-33 30.0 5138,183 FHLMC 775572 Pooled -Dana 4.907% 6.1 % 1-Sep-94 1-Jun-24 29.8 533,598 FHLMC 865469 Pooled -Dana 5.865% 6.1 % 1-Dec-95 1-Aug-25 29.7 52,582 FHLMC 610416 Pooled -Dana 6.615% 7.1 % 1-Mar-96 1-Mar-26 30.0 5461 FHLMC 755344 Pooled -Dana 6.086% 7.1 % 1-May-00 1-Mar-28 27.9 55,139 FHLMC 645235 Pooled -Dana 5.340% 6.3% 1-Jul-00 1-Mar-29 28.7 52,836 FHLMC 846784 Pooled -Dana 6.187% 7.0% 1-Jul-00 1-May-29 28.9 55,158 FHLMC 786867 Pooled -Dana 5.892% 7.2% 1-Nov-99 1-Aug-29 29.8 55,469 FHLMC 846956 Pooled -Dana 6.315% 7.3% 1-Nov-01 1-Nov-31 30.0 54,414 FHLMC 847166 Pooled -Dana 4.137% 5.5% 1-Jul-03 1-Aug-33 30.1 520,314 FHLMC 847359 Pooled -Dana 5.202% 6.2% 1-Dec-04 1-Dec-34 30.0 521,705 FHLMC 847629 Pooled -Dana 5.535% 5.4% 1-Oct-06 1-Sep-36 29.9 572,701 FHLMC 865006 Pooled -Dana 6.935% 6.9% 1-Feb-89 1-Aug-18 29.5 51,745 FHLMC 865127 Pooled -Dana 6.183% 6.1 % 1-Aug-89 1-Mar-19 29.6 52,757 FHLMC 865476 Pooled -Dana 5.353% 5.3% 1-Apr-96 1-Feb-36 39.9 51,873 FHLMC 865663 Pooled -Dana 5.540% 5.5% 1-Nov-00 1-Feb-30 29.3 53,539 FHLMC 765114 Pooled -Dana 6.295% 6.7% 1-Mar-99 1-Jan-18 18.9 56,191 FHLMC 847427 Pooled -Dana 5.782% 7.2% 1-Jul-05 1-Sep-34 .29.2 514,964 FHLMC 847058 Pooled -Dana 5.552% 5.8% 1-Aug-02 1-Aug-32 30.0 5104,033 FHLMC 611384 Pooled -Dana 5.941 % 7.3% 11-Feb-05 1-Dec-32 27.8 511,800 Accrued Interest 6.200% 511,931 Income Receivable 52,166 Average Yield 6.20% 1,915,960 Total 56,232,893 Investments 06302007 6 {,--... Vail Board of REALTORS® 275 Main Street, Suites G003 & 004 Edwards, CO 81632 Phone: 970-766-1028 Fax: 970-766-1030 REALTO~ E-mail: infoCvbr.net Dear Vail Town Council member Rod Slifer: You are currently in the process of considering setting a tax question on the November ballot that would impose a 4% construction use tax on all construction and building materials that would become effective in January of next year. At your August 7`h meeting, you voted 4-3 to move forward in the process. The Vail Board of REALTORS ®is concerned that implementation of a construction use tax could have far-reaching implications. As REALTORS, we are concerned that this tax will: Be an unnecessary burden on homeowners who are remodeling their homes, putting on an addition or even those individuals who are building new homes. While the tax would be imposed on the builder buying the material, the cost will surely be passed on to the homeowner. A 4% tax on materials could prevent some homeowners from taking on projects because it would be cost- prohibitive to do so. Be unfair to place a tax burden nn one segment of the Vail population when the entire community will benefit from a new firehouse and street improvements. If the town needs revenue for capital improvements, it should be the entire community who pays for it, not just developers. Be a double tax on developers. In April, the Town Council approved inclusionary zoning and commercial linkage requirements that requires builders and developers to build affordable housing. This proposal indicates the use tax would also be used to acquire workforce housing. Is this not a double tax on the construction industry? While your efforts to acquire more affordable housing within the town are needed and commendable, continuing to place the financial burden on developers will only cause less development in Vail. Placing the burden solely on the builders will not help the town accomplish its affordable housing goals. Please vote "No" on setting a tax question on the November ballot! If you have any questions or comments, please feel flee to contact us. Sarah can be reached at 970.393.3939 or by email at sthorsteinson!a~coloradorealtors.com. Asher can be reached at 970.$45.0400. Sincerely, l/i~l~i-cam 61/1 <~'la ~ c;- ~~- ~ J t`lu,~~~,,' ,,~ S~`Y~ Asher Maslan rah Thorsteinson President Government Affairs Director ~~f~~ ~~ ~~ ~~~~~s~der ~ai~ ~~s~~~ ~~~~ The conspicuous building adjacent to the Lionshead bus circle is problematic. Ir, the Vail Renaiss~mce., one would expect to see vibrant retail shops. Rather _von see. offices -only one notch above the image of boarded-up store fronts. ~~hy is 'his so? Well. 2i. }ears ago, the storeii~onts lucre vacant. So Slail Resorts can7e in and was authorized to lease the space as offices under an existing to«~n ordina~.ce - a win-win for everybody at the time. tVow their pen~it is up in January, and everything has changed. Lionshead is no~v the place to be. So why nut use That building for vibrant retail shops? Well, the tenant now wants to extend its use of the building as offices for three years or longer - a win for them but a loss for the town. Why a loss for the community-'% Because we lost sales tax from not having retail shops, and the before-mentioned poor image for our guests. Wouldn't this be a slam-dunk decision for the Vail Town Council, especially consider- ing it is not just a matter of extending the office use under the existing ordinance but would require the council to create a whole new ordinance for this situation? Apparently not, because the ordinance passed on the first reading. But surely there are other key considera- tions not mentioned above. Let's see: ~ Probably the amount of lost sales tax is rather small.Unfortunately, this ~~~as never publicly released information, if it was estimated. ® Probably no one. is interested ir, leasing this space for retail. one speaker indicated them is interest. In any case, this should have been thoroughly researched rather than rely- in~ on anecdotal evidence. ~~ Probably every possible office-space alternati~ e was considered, which would have allowed '~iR to stay in Vail, and submitted to the council before the vote. After Iistenin~~ to the cotu~cil deliberations, it appears this infor- mation was not provided is them. ~ Probabl~,~ there was some trade-off the community was not aware of. If so, it should have been made public. In short, i[ appeara this whole issue came to a vote before. all the information that could leave been available was assembled. This letter is meant as a plea for the Vail Town Council to have more comprehea~sive dialogue before taking a final position on this all-important, precedent-setting vote. 1t also is intended to bring folks out for the Aug. 7 second reading of the special ordinance at the town meeting regardless of one's position o^ this issue. I Y~uI Fdundpe7~ag~ t ~ ~~ / S Vcbl& /,~~ ~ (8/7/2007) Matt Mire - pls read into record tonite- re first floor space used for offices From: "Ghiqui Hoffmann" <ghiqui@planetearthimports.com> To: <mmire@vailgov.com> Date: 8/7/2007 1:21 PM Subject: pls read into record tonite- re first floor space used for offices CC: "'the"' <grind@vail.net> HI Matt I am hoping you would please read this letter into the record at tonite's meeting as unfortunately I cannot be there. I am concerned about the council vote tonite to allow first floor retail space to be "temporarily' taken over by offices. Because there is such massive development scheduled over the next several years, many offices will be displaced. Little by little, retail spaces could be taken over by these offices. As a small retail business owner, I know first hand that many of us have been having a difficult time due to the constant construction. Some retail businesses may fail, leaving empty spaces that landlords need to rent. Many landlords who are redeveloping will need revenue to pay for their redevelopment, and it is very possible that a landlord could receive more rental income from a real estate office than from a new store trying to get established in this difficult business climate. As time goes by, if this ordinance passes, with the original 3 year time limit, plus how ever many extensions are given, it would seem that over the next ten years we could potentially have alot of first floor offices in town. As yet another building comes down, more offices will be looking for space, and this could go on for years, with a snowball effect. The original office tenants, having used .part of their 3 year lease, will not move to make way for the newly displaced offices, and in fact may be applying for extensions themselves, thus creating more need for temporary office space. It is my understanding that the landlord of the Covered Bridge building had asked for permission to rent his empty retail space to the Four Seasons, and was turned down by the town. Why was he turned down, and if this ordinance passes, will he then be allowed to rent it to them? What is the criteria for these offices- just that they are displaced by reconstruction?? I would think there would be many applicants competing for this space. Once the precedent is set, how can the town say no to anyone? Thanks Matt, ,... Page i Ghiqui Hoffmann Laughing Monkey /~~ ~sftua~ tsV~L Pi.lw "~~.K'C~ ~ ~+. ~, 1~I~CHESTRA FIT RE(NOaEL ~ ~. ~aa~ amant~n~ater vA~L.Ca~©rado cos~~~p~~,al p~a~ (~ .'3~. Gln ~~~~ ~~ rc~~~s ,:a~w ~~~~~: ~a; ~. ,e^e:Trca ...A ~'