Loading...
HomeMy WebLinkAbout2008-02-05 Support Documentation Town Council Evening Session VAIL TOWN COUNCIL EVENING SESSION AGENDA VA{L TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., TUESDAY, FEBRUARY 5, 2008 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. Warren Campbell ITEM/TOPiC: Citizen Input. (10 min.) 2. Stan Zemler ITEM/TOPIC: Town Manager's Report. (10 min.) • Revenue Update. • New Year's Eve Update. • LionsHead Skier Drop-off & Loading Update. • Council Retreat Follow-up. 3. ITEMlTOPIC: Consent Agenda. (5 min.) a. Approval of 01.08.08 and 01.22.08 Minutes. 4. Bill Gibson ITEM%TOPIC: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's deniat of a variance request from Section 12-6C-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, ' to allow for an addition within the west side yard setback, located at 2570 Bald Mountain Road/Lot 33, Block 2, Vail Village Filing 13, and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Continue this appeal to the Town Council's February 19, 2008, public hearing. STAFF RECOMMENDATION: Staff recommends the Town Council continues this appeal to its February 19, 2008, public hearing. 5. Nicole Peterson ITEMITOPIC: The applicant, the Lionshead Center Homeowner's Association, represented by Louis Bieker of 4240 Architecture, is requesting permission to proceed through the development review process with a proposal to make improvements on town-owned land in conjunction with a proposed redevelopment of the LionsHead Center. (10 min.) ' input or feedback they may have on the proposed adjustments to the review fees. BACKGROUIVD RATIONALE: The "2008 Community ~ Development Department Work Plan" identifies the tas f evaluating and adjusting, if necessary, the existing fees fo ertain development review applications to more accuratel eflect the cost of the service provided. In evaluating the lication fees, staff has focused only on those application ypes where it is believed that the cost of the service rovided significantly outweighs the existing fee charged for t service. STAFF RECOMMEfVDATIOiV: aff recommends that the Vail Town Council provides feedb ck in anticipation of a reading of Resolution No. 25, Series o 008 on December 16, 2008 6. ITEM/TOPIC: Inform on Update. (15 min.) 7. ITEM/TOPIC: M ters from Mayor & Council. (15 min.) 8. ITEfVI/TOPI . Adjournment. (3:55 P.M.) NOTE l-PCOMING MEETING Sl-ART TIMES BEL01N: (ALL TIME • ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL/'fOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT TBD, TUESDAY,/DECEMBER 16, 2008 IN THE VAIL TOWN COUNCIL CHAMBERS. / ~ . 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 make improvements on town=owned land, pursuant to the recommendations of the Lionshead Redevelopment Master Plan, in conjunction with a proposed redevelopment of LionsHead Center. 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 applicanYs request to proceed through the development review process. 6. Warren Campbell ITEM/TOPIC: The applicant, Vail Resorts Development Company, represented by the Mauriello Planning Group, is requesting permission to proceed through the development review process with a proposal to make improvements on town-owned land in conjunction with a proposed redevelopment of the North Day Lot. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny the request to proceed through the development review process. BA?CKGROUND RATIONALE: It is the desire of the applicant to apply for a major exterior alteration application and design review application to make improvements on town-owned land, pursuant to the recommendations of the Lionshead Redevelopment Master Plan, in conjunction with a proposed redevelopment of the North Day Lot. . The applicant must first obtain Town Council (i.e. property owner) approval before proceeding through the Town's development review process. STAFF RECOAAIWENDATION: The Community Development Department recommends that the Vail Town Council approves the applicanYs request to proceed through the development review process. 7. Pam Brandmeyer ITEM/TOPIC: Current copy of the Ford Park Paid Parking dates for the 2008 Summer Calendar. (5 min.) ACl'ION REQUESTED OF COUNCIL: Approve, approve with amendments the summer calendar for Ford Park paid parking dates for 2008. . BACKGROUND t2ATIOPIALE: The 2008 Managed Parking Calendar Schedule for Ford Park is attached. This calendar has ~ been compiled by the Ford Park User Committee. Staff is requesting Council review and approval of the calendar for paid parking dates at Ford Park for the Summer 2008 schedule. There are currently 37 days of paid parking requested as well as one managed parking date. This calendar is subject to change as . more events are added to the various schedules of the user groups at Ford Park. RECORAMENDATION: Approve or approve with amendments, the summer calendar for Ford Park paid parking dates for 2008. 8. Rachel Friede ITEMITOPIC: First reading of Ordinance No. 3, Series of 2008, an Ordinance amending Chapter 14-10, Design Review Standards and Guidelines, Vail Town Code, in order to amend the wildfire roofing regulations requiring Class A roof assemblies or Class A roof materials in the Town of Vail, and setting forth details in regard thereto. (5 min.) BACKGROUND RATIONALE: On February 6, 2007, the Vail Town Council adopted Ordinance No. 3, Series of 2007, an ordinance requiring Class A roof assembly or Class A roof covering materials and banning wood shake and wood shingles for all structures within the Town of Vail. The regulations remained vague regarding nonconforming structures and multiple ownership scenarios, relying on the regulations regarding compatibility of materials to guide decision-making. Following recent decisions by the Design Review Board to allow different roof covering materials under certain circumstances, the Vail Town Council instructed Staff to propose text amendments to the regulations in order to clarify requirements and allow different roof covering materials under.certain circumstances in two-family and multi-family dwellings. On December 10, 2007, the Planning and Environmental Commission reviewed proposed text amendments and recommended approval with modifications. On December 12, 2007, the Vail Town Council held a work session on the proposed amendments. Council members commented that they . were in favor of the proposed text amendments, and asked that the Design Review Board be given . some discretion in allowing compatible roofing materials. ACTION REQUESTED OF COUNCIL: Staff requests the Vail Town Council approve, approve with modifications, or deny Ordinance No. 3, Series of 2008, upon first reading. 9. ITEMlTOPIC: Adjournment. (7:00 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR EVENING SESSION WILL BEGIN AT 6:00 P.M., TUESDAY, FEBRUARY 19, 2008 IN THE VAIL TOWN COUNCIL CHAMBERS. TOWN OF VAIL REVENUE HIGHLIGHTS February 5, 2008 (Unaudited) Sales Tax When all sales tax retui-ns are received for the month of December, collections for the month are expected to be $2.8 million, up 2% from December, 2006. Year-to-date collections estimated at $18.9 million continue to exceed last year's year-to-date by 5.9%. For comparison, inflation as measured by the consumer price index was up 4.1 % in December compared with the prior year. Use Tax Use tax collections began as of January 1, 2008. For the month of Jamiary, collections total approximately $6,000. Construction Permit Fee Revenue ' Construction permit revenue currently totals $41.8K, down 75% from this time last year. The decrease is due to a major project starting last year; there were no pennit fees from new major projects this January. Real estate Transfer Tax (RETT) RETT collections through January 28, 2008, total $118,000. This amount is a large decrease from last year's January; however, the decrease is due to the 2007 sales of Gore Creek Place residences. RETT collections for 2007 (including cash received in January) now total $6.5M, or 9.5% higher than full year 2006. Major redevelopment projects including Forest Place, Gore Creek Place, Manor Vail, One Willow Bridge Road, Vail Plaza Hotel, and Westhaven at Cascade Village contributed $2.3 million or 35% of the total in 2007 while only $844,500 or 14% of the total in 2006 consisted of major redevelopment projects. Meanwhile, RETT collections from property transfers not related to major redevelopment projects dropped by 21 °ro in 2007 compared with 2006. 080205 Revenue Highlights - 1 - r . i 7~owx~v~ ~ 2008 VAIL TOWN COUNCIL RETREAT TAKEAWAYS OUR VISION ' To Be the Premier Mountain Resort Community! TOWN OF VAIL MISSION: We will provide the citizens of Vail and our guests superior services, outstanding environmental stewardship and an abundance of recreational, cultural and educational opportunities. OUR VALUES Respect - Trust - Integrity - Innovation - Collaboration Our Teamwork Approach is integrated into commitments approach. OUR COMMITMENT . To provide vision, leadership, efficiency, transparency and accountability in a fiscally responsible manner. What works for the town: • Committed to change to keep us ' on top • Engaged competent staff • Low crime rate • Sense of community • I-70 and proximity to Denver • Transportation system . Bus connection I-70 & airport • Recreational amenities • Magnesium Chloride vs. Sa1t • Greatest ski mountain in the • Hiking and biking world • Community willing to donate time • Cultural activities and money • Special environment • Great hospital • Climate • Pride and purpose • Living place of choice • Our history ~ Good process of citizen • Billion dollar renewal engagement • Good parks Detriments to the town: • Educational opportunities • Politicians who listen • Social stratification / Lack of . . • Positive economic environment diversity ~ ~ w • Retaif mix not focused • Dysfunctional chamber of • Parking commerce • Housing • Built out • Employee shortage • Aging infrastructure • I-70 • Roadblocks to getting something • Pine beetle done • Lack of a. "community" type retail • Rising costs pharmacy • Town Hall • Seasonal economy • Lack of gas station in east or • Lack of gathering spaces or a main Vail . social hub • Relationship with the County ~ No live music venue • Quafity recreational facilities • Limited social services - County Outreach with the following strategic partners: • Vail Valley Medical Center • Vail Recreation District - ~ Colorado Department of Transportation - Russell George • All TOV Boards and Commissions Top priorities in order for staff to develop a work plan. The followimg issues were identified: • Gonference Center Ballot Issue --Staff will return to Council in 30 days with an actian plan --Council to meet with lodging subcommittee --No absolute commitment to November `08 election resolution • H2B Visa Cap --Council subcommittee --CoHaboration with partners • Strategic Housing Plan which includes a housing plan for municipal employees 0 $4.3 million parking pledge from Vail Resorts • Timber Ridge --Consider inctusion into the LionsHead TIF District • Housing ~ --Determine if Pay in Lieu option is still viable --Collaboration with partners, eg., Avon, Eagle County, United States Forest Service Top Three Priorities (Please also note individual departments' presentations and outcomes. Staff will return with timelines and next steps.) 1. HOUSING a. Pursue a workforce housing funding mechanism against which we can bond b. Develop a strategic housing plan, both inside the town (a priority) and out c. Amend inclusionary zoning vs. pay-in-lieu. Consider methods of mitigation d. Bring Timber Ridge and the Chamonix/Wendy's parcel(s) to construction e. Satisfy a portion of the town's critical employees housing within our boundaries f. Add affordability component to our housing restrictions g. Explore partnerships with the business community and other govemmental entities h. Town should set a higher standard than 30% being housing within our boundaries i. Construction of hausing on the North Day Lot 2. PARKING/TRANSPORTATION/CIRCULATION a. Masterplan approved for 600 parking spaces (must have both an "A" plan and a "B„ plan) - "A" includes LiansHead and EverVaii - "B" is Fard Park b. Must have a"real" plan for use of $4.3M - commitment to use the $ has drawings. complete c. A review of land already zoned for parking and in private parking stock is anafyzed for other alternatives, e.g., paid public parking d. Skier drop off needs have been addressed at all three portals e. The transportation plan is completed within 120 days (GREG: thaYs on/around May 22, 2008!) f. A complete plan for Ford Park underground parking is developed g. North Day Lot has an intermodef site h. The town makes a serious commitment to transportation of all kinds, including fixed guideway . i. Final decision on PEIS 3. ENVIORNMENTAL SUSTAINABiLiTY a. Environmental/sustainability plan complete/adopted - TOV action plan b. First annual review of the employee who is the "environmentaf czar" is complete c. Develop overarching, comprehensive plan and implement it for recycling program, to include curbside recycling I d. Maintain and upgrade gold medal status of Gore Creek/continue to mitigate Black Gore Creek traction sand removal e. Completion of private encroachments assessment and encroachments removed f. Revisit Stream Tract path to complete from Covered Bridge to the Library g. Adoption of LEED's standards or green building code h. Energy action plans are implemented i. Create incentives and streamline the development review guidelines j. Mitigate/reduce snowmelt impact k. Continue Pine Beetle mitigation efforts Needs More Discussion or Consideration: • Use Tax / Rainy Day Fund • Deed Restriction • How do we drive our economy / special events •"Windfalt" Identify how we are going to use } Vail Town Council Meeting Minutes Tuesday, January 8, 2008 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 Dick Cleveland. ' Members present: Dick Cleveland, Mayor Andy Daly Mark Gordon Farrow Hitt Kevin Foley Kim Newbury Not present: Margaret Rogers Staff Members: Stan Zemler, Town Managet Matt Mire, Town Attorney Pam Brandmeyer, Asst. Town Manager The first item on the agenda was Citizen lnput. - Billy Suarez, owner of Billy's Island Grill in LionsHead, asked the town to consider the return of a tree lighting ceremony in LionsHead for the 2008-09 hofiday season. He then said delivery trucks were being ticketed more than usual on West LionsHead Circle. Representing homeowners on Bald Mountain Road, Barbie Christopher spoke in opposition to proposed changes in sand storage near the area. Cleveland explained the issue had been reviewed during the work session and neighborhood concerns had been addressed. Speaking on the same matter, resident Bob Ruder stated, "IYs a community and we would like to protect it." Paul Rondeau asked for proactive transparency in regard to the town's reporting of property tax collections. Dick Cleveland called for a moment of silence for the recent passing of Pete Burnett, a 24-year employee of the town and its first Street & Roads Superintendent. The second item on the agenda was the Consent Agenda. Approval of 12.04.07, 12.11.07 & 12.18.07 Town Council Meeting Minutes Newbury moved to approve the consent agenda with Foley seconding. The motion passed unanimously, 6-0. ~ 1 0 , The third item on the agenda was the Town Manager's Report. • Introduction of Fire Chief Mark Miller. Zemler introduced the new Fire Chief Mark Miller. Whi{e addressing Councii, Milier said, "I'm driven by change and challenges and there is plenty of that here." He then thanked • Police Chief Dwight Henninger for his efforts as acting Fire Chief. Zemler also said he was greatly appreciative of Henninger's efforts as the Acting Fire Chief. • Revenue Update. . Finance Director Judy Camp announced when all sales tax returns are received for the month of November, collections for the month are expected to be $744,321, down 7% from November 2006: If so, this will be the first month since June 2006 to register a year-over-year decline. November 2007 lacked snow and decreases in sales tax revenue were evident in aN segments of the town's economy. Year-to-date collections estimated at $16.0 million, however, cflntinue to exceed last year's year-to-date by 6.5°l0. For comparison, inflation as measured by the consumer price index was up 4.3% in November 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 $2.9 million through December 31, 2007, up 44% from the same period last year. Year-to-date permit fees include $2.2 million from major construction projects: 9 Vail Road, the Arrabelle at Vail Square, Cascade Hotel and Residences, Forest Place, Four Seasons, Front Door, the Landmark, Lodge at LionsHead, Manor Vail, Mountain View (formerly Apollo Park), Ritz Carlton, Solaris, Vail Plaza Hotel, Westhaven Condominiums, and The Willows. Construction permit revenue from major projects exceeds last year's revenue from that segment by 79%; while all other projects contributed 11 % less than in 2006. Construction permit fees inciude building, electrical, mechanical, plumbing and sprinkler permits. A record $1.2 million in recreational amenities fees was collected in 2007, compared with $117,501 for the full year 2006. Contributing ta this year's high revenue number are Cascade Residences, Four Seasons, Mountain View, Ritz Carlton Residences, Solaris and The Willows. Recreational amenities fees are applied to new residential square footage and deposited to the Real Estate Transfer Tax Fund (RETT) to be used for open space, parks, recreation, and environmental sustainability. With the majority of 2007 transactions recorded, year-to-date RETT collections'through December 31, 2007, total $6.2 million with over $1 million received in December. As of today, RETT collections for 2007 are essential{y the same as full year 2006; however, some remittances for 2007 transactions may still be in process. Major redevelopment projects including Forest Ptace, Gore Creek Place, Manor Vail, One WiNow Bridge Road, Vail Plaza Hotef, and Westhaven at Cascade Village contributed $1.9 million or 31°!0 of the total in 2007 while only $844,500 or 14% of the total in 2006 consisted of major redevelopment projects. Meanwhile, Real Estate Transfer Tax (RETT) collections from property transfers not related to major redevelopment projects dropped by 21 % in 2007 compared with 2006. •$4.3 million Vail Resorts Parking Obligation. Mire reported the parking commitment from Vail Resorts has no expiration date. ~ 2 • Update on Emergency Traffic Management. Police Chief Dwight Henninger reported during a recenf Interstate 70 ciosure, 150 stranded motorists were housed in four shelters throughout Eagle County. He then thanked all those who helped with assisting those stranded motorists. Henninger explained Vail is impacted by the decision making of finro separate CDOT regions. "They do not always communicate in a synchronized manner... This was a worst case scenaria for timing and timing of the year." Cleveland said it may be incumbent upon Council to enhance cooperation and communication with CDOT. During a pause for public comment, Billy Suarez complimented the Police Department for its efforts during the storm. Henninger encouraged local residents to sign up at www.ecalert.org for text messages relating to local emergency matters. Zemfer reported the computer system in the Vail Village and LionsHead parking structure has experienced a malfunction which caused multiple credit card charges for the same transaction. He said the town is taking steps to reimburse customers for the excess charges as well as any pena4ties incurred. A system bypass has been installed to prevent future duplicate charges. He said the Town of Vail apologies for the . inconvenience and wishes to thank everyone for his or her patience. The fourth item on the agenda was an appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code,.of the Town of Vail PEC's denial of a variance request from Section 12-6C- 6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for an addition within the west side yard setback, located at 2570 Bald Mountain Road/Lot 33, Block 2, Vail Village Filing 13. Community Development Director George Ruther explained that on November 12, 2007, the PEC denied the appellant's request for a variance from the setback standards at 2570 Bald Mountain Road by a vote of 7-0-0. On December 3, 2007, the appellant filed an appeal of the PEC's decision. Pursuant to Sub-section 12-3-3-C-3, Vail Town Code; "...A hearing shall be schedu/e to be heard before the Town Council on the appeal within forty (40) calendar days 'of the appeal being filed. The Town Council may grant a continuance to al/ow the parties additiona/ time to obtain information. The continuance shall be a/lowed for a period not to exceed an additional thirty (30) calendar days..." The appellant requested a continuance for this appeal. Newbury moved to table the item until February 5, 2008 with Gordon seconding. The motion passed unanimously, 6-0. The fifth item on the agenda was an appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail PIEC's approval, with conditions, of a request for a final review of a conditional use permit, pursuant to Section 12-711-4, Permitted and Conditional Uses, Second Floor and Above, Vail Town Code, to allow for a business office (real estate office) located at 714 West Lionshead Circle (Vail Marriott Mountain Resort and Spa)/Lot 1, West Day Subdivision. Due to a predetermined conflict of interest (Vail Resorts affiliation), Gordon recused himself from the item and left the Council Chambers. Planner Nicole Peterson announced that on November 26, 2007, the PEC approved, with conditions, a request for a final review of a conditional use permit, pursuant to Section 12-7H-4, Permitted and Conditional Uses, Second Floor and Above, Vail Town Code, to allow for a business office (real estate office) focated at 714 West Lionshead Circle (Vail Marriott Mountain Resort and Spa), by a vote of 5-0-1 (Viele recused). On December 4, 2007, Council 3 . "called-up" (i.e. appealed) the PEC's action by a vote of 5-1-1 (Rogers opposed, Gordon recused), due to a concern regarding the temporary loss of two accommodation units within the LMU-1 Zone District. Representing the applicant, Robert Foss asked for approval on the matter. Daly moved to uphold the decision of the planning commission approving the conditional use permit with the additional condition of an annual payment of $3,300 per year to mitigate for lost sales tax with Foley seconding. Chief of Planning Warren Campbell reported a full-size Ritz-Carlton model unit was built inside the former Blockbuster space. Newbury said she would be voting against the item as it did not coincide with the LionsHead Redevelopment Master Plan (No net loss of accommodation units). Foley said he did not believe a real estate office belonged on the sixth floor of a hotel. The motion passed 3-2, with Foley and Newbury opposed. The sixth item on the agenda was the Second Reading of Ordinance No. 39, Series of 2007, an ordinance amending Section 12-2-2, Definitions, and Sub-Sections 12-7B-2A, Definitions (basement or garden level); 12-7B-3A, Definitions (first-floor or street level); 12-7H-2A, Definitions (basement or garden level); 12-7H-3A, Definitions (first-floor or street level); 12-71-2A, Definitions (basement or garden level); 12-7K-3A, Definitions (first-floor or street level), Vail Town Code, to allow for amendments to the definitions of "Basement or Garden Level" and "First Floor or Street Level." On December 18, 2007, Council approved Ordinance No. 39, Series of 2007, on first reading by a vote of 7-0-0. Newbury moved to approve the ordinance with Daly seconding. The motion passed unanimously, 6-0.~ The seventh item on the agenda was the Second reading of Ordinance No. 40, Series of 2007, an ordinance approving a major amendment to a SDD, pursuant to Section 12- 9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to SDD No. 17, Rams-Horn Lodge Condominiums, for the specific purpose of allowing the remodel and addition to the Rams-Horn Lodge Condominium building, located at 416 Vail Valley Drive; Lot A, Block 3 and Tract F, Vail Village 5th Filing (PEC07-0038). Planner Scot Hunn announced that on November 26, 2007, the Town of Vail PEC held a public hearing on a request for a major amendment to SDD No. 17, Rams-Horn Lodge Condominiums, to allow for the remodel and addition to the Rams-Horn Lodge building. Upon review of the request, the PEC voted 5-0-1 (Pierce recused) to forward a recommendation of approval, with conditions, of the request to amend SDD No. 17, Rams-Horn Lodge Condominiums, to Council. Newbury moved to approve the ordinance with Gordon seconding. The motion passed unanimously, 6-0. The eighth item on the agenda was the Second Reading of Ordinance No. 41, Series of 2007, an ordinance repealing and re-enacting Ordinance No. 24, Series of 2004, establishing SDDNo. 38, Manor Vail, and setting forth details in regard thereto. The purpose of Ordinance No. 41, Series of 2007, is to allow for a change in the number of dwelling units, located at 595 Vail Valley Drive, by combining two approved units into a single unit. On December 10, 2007, the PEC held a public hearing on a request for a major amendment to SDD No. 38, Manor Vail. The purpose of the major amendment is to reduce the maximum number of allowable dwelling units from 139 to 138 dwelling units, located at 595 Vail Valley Drive (Manor Vail Condominiums)/Lots A, B, & C, Vail Village Filing 7. Upon review of the request, the PEC voted 6-0-0 to forward a recommendation 4 F of approval of the request to amend SDD No. 38, Manor Vail, to Council. On December 18, 2007, Council unanimously voted to approve Ordinance No. 41, Series of 2007, upon first reading. Hitt moved to approve the ordinance with Daly seconding. The motion passed unanimously, 6-0. The ninth item on the agenda was the Second reading of Ordinance No. 42, Series 2007. An Ordinance Amending Title 6, Chapter 3, Vail Town Code, Regarding Criminal Injury to Property, Larceny, Fraud and Related Offenses. Effective July 1, 2007, Colorado statute provides that a charge of criminal injury to property with a value less than one thousand dollars will be considered a misdemeanor criminal matter. Additionally, effective Ju1y 1, 2007, Colorado Statute, provides municipalities' additional power to prohibit larceny up to one thousand dollars. By amending Title 6, Chapter 3, Vail Town Code, the Town Municipal Court will have jurisdiction over these matters. Newbury moved to approve the ordinance with Foley seconding. The motion passed unanimously, 6-0. The tenth item on the agenda was the Second reading of Ordinance No. 43, Series 2007. An Ordinance Amending Title 7, Chapter 3, Vail Town Code, Regarding Parking Infractions. Mire explained the ordinance provided certain text amendments to the Vail Town Code relating to the town's parking regulations that were necessary to more effectively enforce . current parking policies. Daly moved to approve the ordinance with Newbury seconding. The motion passed unanimously, 6-0. The eleventh item on the agenda was Resolution No. 1, Series of 2008, a resolution designating a public place within the Town of Vail for the posting of notice for public meetings of the Vail Town Council, Planning and Environmental Commission, Design Review Board, and other boards, commissions, and authorities of the Town of Vail Pursuant to Section 24-6-402(2)(c) of the C.R.S. as amended, provides that local public bodies must give full and timely notice to the public of any meetings at'which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs at which a majority or quorum of the body is in attendance, or is expected to be in attendance. Newbury moved to approve the resolution with Daly seconding. The motion passed unanimously, 6-0. The twelfth item on the agenda was Adjournment. Newbury moved to adjourn with Foley seconding at 7:15 p.m. The motion passed unanimously, 6-0. Dick Cleveland, Mayor ATTEST: 5 ~ Lore4ei Donaldson, Town Clerk Minutes provided by Corey Swisher. 6 Vail Town Council Meeting Minutes Tuesday, January 22, 2008 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 Dick Cleveland. Membees present: Dick Cleveland, Mayor Andy Daly Mark Gordon Farrow Hitt Kevin Foley Kim Newbury Margaret Rogers StafF Meimbers: Stan Zemler, Town Manager Pam Brandmeyer, Assistant Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizen Input. Packy Walker, general manager of the Lifthouse, expressed concerns about the adequacy of skier drop-off locations in LionsHead. Geoff Wright, general manager of Destination Resorts, also expressed concerns about skier drop-off as well as loading and delivery problems in LionsHead. Representing Montauk in LionsHead, Demetrius Warren atso expressed concerns about the lack of skier drop-off locations, which has caused unauthorized use of private property as an alternative. Warren says the circumstance has led to heated exchanges between property owners and skiers as property owners were attempting to police their property. The second item on the agenda was the Town Manager's Report. Colorado Chapter of the American Public Works Association (APWA) Award Winners Assistant Town Manager Pam Brandmeyer reported the Town of Vail has been recognized for its award winning construction management programs by the Colorado Chapter of the American Public Works Association. The town was recognized in two categories: 1) Engineering/Construction Management for the Vail Construction . Inspection Team; and 2) Building Code Administration. • Non-Golf Course Facilities Lease. 1 S Brandmeyer announced that in the near future staff would be bringing forward the first of finro Vail Recreation District (VRD) leases, the Non-Golf Course Facilities lease, at the Feb. 5 meeting for Council review. The previous Council approved a draft .Memorandum of Understanding (MOU) and draft Non-Golf Course Facilities fease on Nov. 6, 2007. Terms of that MOU were: reference to five year budget joint funding obligations (appropriated annually); 2007 funding commitments totaling $160,500; and that both parties agreed "to use their best efforts over no longer than the next three months to resolve the backlog of maintenance issues related to the Golf Course." • Ever Vail Update. Community Development Director George Ruther reported the $1 billion Ever Vail project will transform the 11-acre site, currently known as West LionsHead, inta a "green" multi-use resort village. The project will encompass approximately one million square feet and include between 600,000 and 700,000 saleable square feet of residential and commercial space. The site is currently occupied by Vail Mountain's vehicle maintenance shop yard and warehouse, a retail and office complex and a former gas station site. The new resart village plans call for 150-250 whole ownership condominium units, 75-125 fractional ownership condominium units, a 100,000-square- foot hotel, 100,000-150,000 square feet of commercial retail, office, and restaurant space and a 100,000-square-foot mountain operations facility. The project will also include a gondola to serve as the fifth base portal to Vail Mountain, a public park and a new public parking structure and approximately 50,000 square feet of employee _ housing. Ruther then explained the Simba Run underpass project would be considered along with the Ever Vail project. • LionsHead Parking Structure Redevelopment Update. Ruther explained redevelopment of the parking structure continued in accordance to a timeline developed in the fall of 2007. Vail Resorts still holds a deed restriction on the property which ensures the property will always hold a parking component. • North Day Lot Update. . Ruther clarified the LionsHead Redevelopment Master Pian required the site to have a transportation component. "At this time there is no reason the applicant won't be able to respond fiavorably to the Master Plan requirements." • I-70 Berm/Chain-Down Station Update. Public Works Director Greg Hall described the Colorado Department of Transportation's (CDOT) most recent plans for a chain-down area on I-70 in the vicinity of Bald Mountain Road. Neighborhood representative Rob Fard requested Council become more invofved in influencing where the proposed chain-down area would be located. Ford also indicated the neighborhood's support for continuing the berm project. The third item on the agenda was the Planning and Environmental Commission (PEC) /Design Review Board (DRB) Update. 2 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. No specific items of interest were discussed.. The fourth item on the agenda was the Information Update. There was none. The fifth item on the agenda was Matters from Mayor & Council. Foley announced the Eagle County Regional Transportation Authority (ECO) intended to begin discussions regarding, traffic flow on the upper deck of the Vail Village Parking structure. He then recommended installing heat tape on the west side of the ~Vail Town HaN roof to address ice buiidup. Foley. also questioned if CenturyTel was providing adequate Wi-Fi service in the LionsHead area. He finished his comments by thanking staff for installing a coat rack in the Council Chambers and also praised the town's parking attendants and snowplow drivers for their diligent efforts during the recent storms. Hitt questioned the town's ability to improve skier drop-off availability in LionsHead. °We don't have any temporary relief for this winter?... It should truly be unacceptable... We should not be content with the way things are right now... we need to consider in more detail the ramifications that result from postponing developers mitigatjng agreements such as the skier drop off that was to be in place prior to granting Temporary Certificates of Occupancy (TCO's) for approved projects. This could have helped to alleviate the traffic cluster Vail is experiencing at Concert Hall Plaza where skier drop off has been combined with ECO buses, in-town buses as well as delivery trucks...We have too much going on in such a littie space.„ Newbury commented, "It seems like there are too many uses in a sma{{ area over there." Cleveland said it may be time to have Vail Resorts utilize their guest services staff to help facilitate skier drop-off. Gordon complimented tlie Art in Public Places (AIPP) board as their recent public art events (illuminated ice sculptures and Heavy Metal Weekend) had been very successful. The sixth item on the agenda was an Update on the progress made on the Chamonix Site Master Plan project. Planner Scot Hunn ceported that on Jan. 8, staff conducted a"kick-off' meeting with the Council to: 1) Introduce the Consultant Team to the Council and to present a brief overview of relevant, regional work by the Team (power point presentation); 2) Discuss previous master plan efforts and current opportunities for the Chamonix Site; 3) Discuss and clarify goals, objectives and "parameters" for the project; 4) Establish expectations for the project and roles of Council, Staff and Advisory Committee; and, 5) Appoint representatives to the Advisory Committee. On Jan.16, staff held a"kick-off' meeting with the Chamonix Site Master Plan Advisory Committee to review the existing, adopted master plan for the site and to discuss new opportunities apparent on the site. Also at this meeting, the committee formulated recommendations for the parameters to be used in the planning and design process. Gordon thanked Hunn for the update. Gordon commented, "This is going to be a great location for family housing." During a pause for pubiic comment, advisory committee member Bob Armour said, "We really had a good meeting...All of the oars were pulling in the same direction." He then encouraged Council to better utilize the Vail Local Housing Authority (VLHA). Hunn said the master planning process should take four to six months. Council then agreed with the provided 3 fist of ten goais and design parameters outlined in the memo provided in the Council packet. The seventh item on the agenda was a Timber Ridge Pro Forma Review. Saying the need for additional employee housing in Vail is now reaching crisis proportions, the Vail Town Council agreed to pursue a redevelopment agreement to build additional employee housing on the town-owned Timber Ridge property. After reviewing the proposal submitted by Open Hospitality/Hillwood Capital Partners, the Council voted 5-1, Rogers opposed, to direct town staff to spend the next 45 days negotiating a development agreement with the company that would include an equity partnership by the town. Gordon moved to proceed with Newbury seconding. The deadline for submittal of the agreement for Council review and final approval is March 18. Open/Hillwood has offered to purchase two-thirds of the site, or 6.2 acres, for $13.2 million. The proposal includes the construction of 316 employee housing units that would accommodate 1,264 beds. Monthly rental rates are projected at $2,280 for a four- bedroom unit. Representing Open/Hillwood, Mark Masinter summarized a letter of intent for the proposed terms and conditions for the acquisition, development and operation for the proposed employee housing. Applicant representative .feff Cortwright commented, "What this (pro-forma) is supposed to show is with the lower cost of construction (wood framing) you are getting the most efficiency...You get the maximum number of units for the lowest cost." Masinter continued, "From our prospective, it gives you a lot of optionality... and it enables Vail Resorts to have some housing in place during the first phase of construction This is not going to be a dorm...lt's going to be a project the town can be very proud of... We think there will be enough market demand that we will not require reservation fees...lf sorrieone wants a reservation fee to lock in a long term rental that's what we are going to do." During a pause for public comment, Vail Local Housing Authority (VLHA) member Steve Lindstrom asked if Council had explored any land-lease models. Gordon emphasized, "I want to see this property deed restricted for the perpetuity of the use (work force housing)... Even if we sell the property we want to make sure the use never changes." Kaye Ferry stated, "We want to make sure we don't leave anything on the tab(e with this deat...affordable housing needs increase every time we have a new project come up in this town... That site has to be maximized." Rogers remarked, "We have just one opportunity to get this thing done right...l think it is irresponsible to proceed with this project before knowing what our needs are... We don't even know what the property is worth... No one in this room would sell a piece of property without knowing what it is worth... We may very well have to subsidize it to get what we need...1 wan't support this motion until we take a step back." !n regard to workforce housing, Hitt lamented, "Our other partner in town has not produced one pillow of employee housing and have had three years to do so. We have a company who is ready willing and able to start on Timber Ridge and begin construction in the near future. We have businesses throughout town incfuding our town government, hotels, lodges and restaurants as well as other mom and pop businesses that cannot get enough employees to operate...The time to do something is now, not three years down the road...Timber Ridge will be just one of many projects aimed at addressing our lack of employee housing available in .our town. We cannot afford to wait any longer." Zemler confirmed an appraisal process for the property was underway. The motion passed, 5-1, with Rogers opposed. The eighth item on the agenda was a reading of Emergency Ordinance No. 2, Series 2008, An Emergency Ordinance Approving the Sale of Property owned by Town of Vail 4 Described as Unit #201-A, Alltair Vail Inn, Also Known as 4192 Spruce Way #201-A, Vail, Colorado 81637. Town Attorney Matt Mire announced that on Dec. 18, 2007 the Council reieased finro deed restricted employee housing units at the BeN Tower. On Jan. 3, 2008 tne town purchased Condominium Unit 201-A, Altair Vail Inn for a purchase price of $178,650.00 to be sold to a person currently listed on the town's master resale lottery list. The town was under contract to sell the property on Jan. 24, 2008 to the designated purchaser. This emergency ordinance was crafted to ensure the town met that closing date. Newbury moved to approve the motion with Rogers seconding. The ninth item on the agenda was Adjournment. Newbury moved to adjourn with Foley seconding at approximately 7:30 p.m. The motion passed unanimously, 6-0. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher. 5 *VAIL ~IOtiVNTown Clerk MEMORANDUM TO: Town Counr.il FROM: Lorelei Donaldson, Town Clerk RE: 2008 Ford Park Managed Parking Calendar DATE: January 31, 2008 The 2008 Managed Parking Calendar Schedule for Ford Park is attached. This calendar has been compiled by the Ford Park User Committee from our meeting on January 31, 2008. We are requesting your review and approval of the calendar for paid parking dates at Ford Park for the Summer, 2008 schedule. There are currently 37 days of paid parking requested as well as one managed parking date. This calendar is subject to change as more events are added to the various schedules of the user groups at Ford Park. 75 South Frontage Road • Vail, Colorado 81657 • 970-479-2136/ FAX 970-479-2320 . www. vailgov. com ~ ~ RECYCLED P./PER 2008 Paid Parking Dates at Ford Park > May 31 Saturday Managed Parking Only, VMS & PD 10:00 a.m. to 2:00 p.m. June 17 Tuesday 4:00 p.m.-8:00 p.m. Paid Parking, VMS & PD June 24 Tuesday 4:00 p.m.-8:00 p.m. Paid Parking, VMS & PD June 25 Wednesday 4:00 p.m.-8:00 p.m. Paid Parking, VMS & PD , June 27 Friday 4:00 p.m.-8:00 p.m. Paid Parking, VMD & PD June 28 Saturday 7:00 a.m.-7:00 p.m. Paid Parking, VMD & PD June 29 Sunday 7:00 p.m.-7:00 p.m. Paid Parking, VMD & PD July 0 1 Tuesday 7:00 a.m.-7:00 p.m. Paid Parking, VMS & PD - July 02 Wednesday 7:00 a.m.-7:00 p.m. Paid Parking, VMS & PD . July 03 Thursday 7:00 a.m.-7:00 p.m. Paid Parking, VMS & PD July 04 Friday 7:00 a.m.-7:00 p.m. Paid Parking, VMS & PD July 06 Sunday 4:00 p.m.-8:00 p.m. Paid Parking, VMS & PD July 07 Monday 4:00 p.m.4`00 pm Paid Parking, VMS & PD July 08 Tuesday 4:00 p.m.-8:00 p.m. Paid Parking, VMS & PD July 09 Wednesday 4:00 p.m.-8:00 p.m. Paid Parking, VMS & PD July 11 Friday 4:00 p.m.-8:00 p.m. Paid Parking, VMS & PD July 12 Saturday 4:00 p.m.-8:00 p.m. Paid Parking, VMS & PD July 14 Monday 4:00 p.m.-8:00 p.m. Paid Parking, VMS & PD July 15 Tuesday 4:00 p.m.-8:00 p.m. Paid Parking, VMS & PD July 18 Friday 4:00 p.m.-8:00 p.m. Paid Parking, VMS & PD July 19 Saturday 4:00 p.m.-8:00 p.m. Paid Parking, VMS & PD July 20 Sunday 4:00 p.m.-8:00 p.m. Paid Parking, VMS & PD July 22 Tuesday 4:00 p.m.-8:00 p.m. Paid Parking, VMS & PD July 23 Wednesday 4:00 p.m.-8:00 p.m. Paid Parking, VMS & PD July 24 Thursday 4:00 p.m.-8:00 p.m. Paid Parking, VMS & PD July 25 Friday 4:00 p.m.-8:00 p.m. Paid Parking, VMS & PD July 27 Sunday 4:00 p.m.-8:00 p.m. Paid Parking, VMS & PD July 29 Tuesday 4:00 p.m.-8:00 p.m. Paid Parking, VMS & PD August 0 1 Friday 7:00 a.m.-7:00 p.m. Paid Parking, VMS & PD August 02 Saturday 7:00 a.m.-7:00 p.m. Paid Parking, VMS & PD August 03 Sunday 7:00 a.m.-7:00 p.m. Paid Parking, VMS & PD August 04 Monday 4:00 p.m.-8:00 p.m. Paid Parking VMS & PD August OS Tuesday 4:00 p.m.-8:00 p.m. Paid Parking, VMS & PD August 08 Friday 4:00 p.m.-8:00 p.m. Paid Parking, VMS & PD August 09 Saturday 4:00 p.m.-8:00 p.m. Paid Parking, VMS & PD August 12 Tuesday 4:00 p.m.-8:00 p.m. Paid Parking, VMS & PD August 19 Tuesday 4:00 p.m.-8:00 p.m. Paid Parking, VMS & PD August 26 Tuesday 4:00 p.m.-8:00 p.m. Paid Parking, VMS & PD C { Revised January 31, 2008@ 12:00 p.m. 2008 FORD PARK SCHEDULE MAY ! SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY TOV: Town of Uail VAIL NATURE CENTER: VAIL NATURE CENTER: BFAGF- Guided Tours VRD: Vaif Recreation District 5/22-10/2 BEAVER POND TOUR through the Gartlens every i FP: Ford Park WILDFLOWER WALK Mon & Wed, 615 to 9l28 Monday, Thursday & ~ i AF: Athletic Field daily from 1-2pm STARLIGHT ADVENTURE Saturtlay @ 10:30 am ' LBFP: Lower Bench of Ford Park MORNING BIRD WALK Wed, from 7:30 - 9 pm, throughout the summer ~ VMS: Variable Message Sign Fri,Sat & Sun, from 9-10 am, 6/1 to 9l28 VOLUNTEER days on j BFAGF; Betty Ford Alpine Garden Foundation 5122 to 10/2 Monday and Thursdays at ~ I BRAVO 9am-12pm ~ ~ GRFA: Gerald R. Ford Amphitheater HORTICULTURE Therapy VVF: Vail Valley Foundation classes -10am Tuesdays , PD: Police Dept CHILDREN'S program 10:30 am on Wetlnesdays 2 3 i '4 5 6 7 8 9 10 f I ~ i i i ;11 12 13 14 15 16 17 i ~ Butterfly Launch this week ~ BFAGF will confirm ~18 19 20 21 22 23 24 ` 25 26 27 28 29 30 GRFA - BMHS 31 GRFA - BMHS Gratluation Rehearsal - Graduation begins 12:30 pm 10am-12pm PD managed parking only - VMS S, Revised January 31, 2008@12:00 p.m. 2008 FORD PARK SCHEDULE JUNE ~ SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY + ' 1 VRD - AF Rugby Match; 2 VRD - FP -Adult SB 3 VRD - FP -Atlult SB 4 VRD - FP -Adult SB 5 URD - FP -Adult SB 6 7 i 1-4p 5:30 - 8:30 p 5:30 - 8:30 p 5:30 - 8:30 p 5:30 - 8:30 p FORD PARK - East BFAGF- Gage/Boyle ~ , VRD: AF Rugby 6-8p FORD PARK - East VRD: AF Rugby 6-8p parking lot - TEVA Mtn. wedding; 40 pp;12p-3p ' parking lot - TEVA fNtn. FORD PARK - East Games VW Test Drive area FORp PARK - East Games VW Test Drive area parking lot - TEVA Mtn. from Sam to 5pm parking lot - TEVA Mtn. ~ from 8am to 5pm Games VW Test Drive area GRFA - Possible TEVA Games VW Test Drive area ~ from Sam to 5pm concerts 616-618 from 8am to 5pm i GRFA- Possible TEVA ~ concerts 6/6-618 ' ; S FORD PARK - East 9 VRD - FP -Adult SB 10 VRD: AF Rugby 6-8p 11 VRD: AF Pepi's Soccer 12 VRD: AF Rugby 6-8p 13 GRFA - Colo. Childrens 14 ; parking lot - TEVA Mtn. 5:30 - 8:30 p VRD - FP -Adult SB Club 6-8p VRD - FP -Adult SB Chorale rehearsals - 8-5 VRD - FP & AF King of Mtn ~ i Games VW Test Drive area VRD - AF Volleyball courts- 5:30 - 8:30 p VRD - FP •Adult SB 5:30 - 8:30 p may move to next week Volleyball 7a-8p ~ from 8am to 5pm Volleyball League 5p-8p GRFA - Colo. Childrens 5:30 - 8:30 p GRFA - Colo. Childrens GRFA - Jimenez Wedding ~ ~ GRFA - Colo. Chiltlrens Chorale rehearsals - 8-5 GRFA - Colo. Chiidrens Chorale rehearsals - 8-5 VRD - FP & AF King of Mtn 150 pp; 6p-9p i GRFA - Possible TEVA Chorale rehearsals - 8-5 - may move to nezt week Chorale rehearsals - 8-5 may move to next week Volleyball 7a•8p ' concerts 6/6-6/8 may move to next week may move to next week BFAG - Shan photos only ~ VRD - AF Rugby Match;l • 1 pm ; 4p BFAG - Matthews/Cassano ~ LBFP - John Linn Birthday photos only 6pm ~ art - 25 ; 12-5 m 15 VRD: AF Pepi's Soccer 16 VRD - FP -Atlult SB 17 VRD:.AF Rugby 6-8p 18 VRD: AF Pepi's Soccer 19 VRD: AF Rugby 6-8p 20 URD: FP & AF Pepi's 21 Club 12-4p 5:30 - 8:30 p VRD - FP -Adult SB Club 6-8p VRD - FP -Adult SB Soccer Club 6-8p BFAGF - Marokus/Hahn ? URD - FP & AF King of Mtn URD: AF Pepi's Soccer 5:30 - 8:30 p VRD - FP -Adult SB 5:30 - 8:30 p VRD -AF & FP: Youth wetlding;100 pp; 3-6pm , Voileyball 7a-8p Club 6-8p URD -AF & FP: Youth 5:30 - 8:30 p VRD -AF & FP: Youth Lacrosse 7a-5p ! VRD - AF Rugby Match;l - VRD - AF Volleyball courts- Lacrosse 7a-5p VRD -AF & FP: Youth Lacrosse 7a-5p ~ ~ 4p Volleyball League 5p-8p Lacrosse 7a-5p . GRFA- Colo. Childrens GRFA: Hot Summer Nights ~ ~ Chorale rehearsals - 8-5 6:30p ! ! PD / VMS Paid Parking 4p- ~ ~ 8p ~ 22 VRD - AF Rugby Match; 23 24 VRD 25 26 27 VRD: AF Pepi's Soccer 28 VRD: AF Rugby 1-5p , 1-4p VRD - FP -Adult SB VRD - FP -Adult SB VRD - FP -Adutt SB VRD - FP -Atlult SB Club 6=8p GRFA - Bravo - RPO - ~ ; 5:30 - 8:30 p 5:30 - 8:30 p 5:30 - 8:30 p 5:30 - 8:30 pm GRFA - RPO - Classical POPS 6pm ~ . VRD - AF Volleyball courts- GRFA: Hof Summer Nights 6pm VRD - AF & FP - Vail ' ; Volieyball League 5p-8p 6:30p GRFA - Bravo - Columbus Lacrosse Shootout (6/28 fo ' VRD: AF Pepi's Soccer Jazz Orchestra (CJO); 6pm 7/6 7am-5 m Club 6-8p Opening Night for Bravo ~ p I PD ! VMS Paid Parking 4p• pD I VMS Paid Parking 4p- PD / VMS Paid Parking 4p- PD 1 VMS Paid Parking 7a- 8p gp gp 7p w . ~ Revised Janua 31, 2006@ 12:00 .m. SUNDAY MONDAY TUESDAY WEDNESDAY TMURSDAY FRIDAY SATURDAY ! 29 30 ~ VRD: AF Pepi's Soccer Club VRD: FP Adult SB 5:30p- 12-4p 8:30p ~ BFAGF & LBFP -Raskin VRD - AF Volieyball courts• ~ Wedding -3-6pm;140 pp Volleyball League 5p-8p j GRFA - Bravo Concert - VRD: AF Pepi's Soccer i ~ RPO Classical 6pm Club 6-8p ' ~ VRD - AF & FP - Vail VRD - AF & FP - Vail ~ : Lacrosse Shootout (6/28 to Lacrosse Shootout (6/28 to ~ I 7/6) 7am-5pm 7/6) 7am-5pm ' i ~ PDNMS ~ Paid Parking 7a -7p ~ i ~ i ~ Revised January 31, 2008@12:00 p.m. 2008 FORD PARK SCHEDULE JULY ' SUNDAY i MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY ; 2 VRD - AF & FP -Elite 3 VRD: AF Rugby 6-8p 4 GRFA: -RPO - Patriotic 5 ' ~ VRD rP & AF: Eliie LaCrosse 7a - 5p VRD - FP -Atlult SB Concert - gates open at noon; VRD - AF Rugby Match i Lacrosse 7a-5p GRFA:RPO Classical 6pm 5:30 - 8:30 p(not on East concert at 2pm 1 p-4p I I GRFA: Hot Summer Nights Fieid of FP) VRD: AF Pepi's Soccer Club 6- i ~ 6:30 pm VRD - AF & FP - Vail 8p VRD - AF & FP - Vail VRD - AF & FP - Vail ' Lacrosse Shootout 7a-5p VRD - AF & FP - Vail Lacrosse Lacrosse Shootout 7a-5o i i Lacrosse Shootout 7am- GRFA RPO - Broatlway Shoofout 7a-5p ; ; 5pm classics 6pm i PD/VMS PD/VMS PD/VMS i ~ Paid Parking 7a-7p Paid Parking 7a-7p PD I UMS Paid Parking 7a-7p ~ ' Paid Parking 7a-7p , I ~ 6 GRFA - TPO concert at 7 GRFA - TPO concert at 8 VRD: AF Rugby 6-8p 9 GRFA - TPO Opera 6pm 10 VRD: AF Rugby 6-8p 11 GRFA: TPO 6p -Classical 12 GRFA: TPO Classical ~ i 6pm - Classical 6pm -Classical URD - FP -Adult SB VRD: AF Pepi's Soccer URD - FP -Adult SB VRD: AF Pepi's Soccer Club 6- 6pm j VRD - AF Rugby Match;l - VRD - FP -Atlult SB 5:30 - 8:30 p Club 6•8p 5:30 - 8:30 p 8p VRD - AF Rugby Match ~ ~ 4p 5:30 -$:30 p(not on East GRFA: Hot Summer Nights VRD - FP -Adult SB GRFA - National Chiltlren's 1 p_qp ~ ~ URD: AF Pepi's Soccer Field of FP) 6:30p 5:30 - 8:30 p(not on East Theatre School Rehearsal I Club 12-4p VRD - AF Volleyball courts- Field of FP) 1 pm - 5pm VRD - AF & FP - Vail Volleyball League 5p•8p ~ Lacrosse Shootout 7a-5p VRD: AF Pepi's Soccer Club 6-8p 'PD/VMS PD/VMS PD/VMS PD/VMS j j Paid Parking 4-8p PD I VMS PD 1 VMS Paid Parking 4-8p Paid Parking 4-8p Paid Parking 4-813 1 Paid Parking 4-8p Paid Parking 4-8p , I 13 14 VRD - FP -Adult SB 15 VRD: AF Rugby 6-8p 16 17 18 GRFA - NYPO opening 19 GRFA - NYPO 6p- ' VRD - AF Rugby Match;l - 5:30 - 8:30 p(not on East VRD - FP -Adult SB VRD; AF Pepi's Soccer VRD: AF Rugby 6-8p night concert 6p - Classical Classical ; 4p Field of FP) 5:30 - 8:30 p Club 6-8p URD: AF Pepi's Soccer (large group) VRD - AF Rugby Match ~ GRFA - National Children's VRD - AF Volleyball courts- GRFA: Hot Summer Nights VRD - FP -Atlult SB Club 6-8p VRD: AF Pepi's Soccer Club 6- 1 p_qp , ~ Theatre School - Volleyball League 5p-8p 6:30p 5:30 - 8:30 p VRD - FP -Adult SB 8P VRD: FP Rocky Mtn. Co- ; PERFORMANCE 6pm VRD: AF Pepi's Soccer GRFA - National Chiltlren's 5:30 - 8:30 p Ed Softball 8a-4p ~ I Club 6-8p Theatre School - NYPO load in/midnight BFAGF - , GRFA - TPO- Festive PERFORMANCE 6pm GRFA - National Children's Vaughn/Summerville ! j Classics - 6pm Theatre School - wedding; 75 pp; 3-6pm i PERFORMANCE 6pm ~ i GRFA - National Repertory ~ PD / VMS Orchestra Concert - FREE; PD / VMS PD I VMS ! PD I VINS Paid Parking 4-8p 1 lam Paid Parking 4-8p Paid Parking 4a-8p ; Paid Parking 4-8p , , ~ i 1 ~ I I ~ ~ Revised Janua 31, 2008@12:00 .m. i SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY , I 20 GRFA - NYPO - 6p - 21 VRD - FP -Adult SB 22 URD: AF Rugby 6-8p 23 GRFA - NYPO - 6p - 24 GR FA - NYPO - 6p- 25 GRFA - NYPO 6p - 26 GRFA - VIDF load ~ Classical 5:30 - 8:30 p VRD - FP -Adult SB Festive Classics Festive Classics Classical - Closing Night in and Rehearsal ' VRD: AF Pepi's Soccer VRD - AF Volleyball courts- 5:30 - 8:30 p VRD: AF Pepi's Soccer VRD; AF Rugby 6-8p GRFA -NYPO closing night antl URD: AF/FP - Vail ; Club 12-4p Volleyball League.5p-8p GRFA: Hot Summer Nights Club 6-8p VRD - FP -Adult SB loatl out after performance Invitational Soccer 8a-3p ~ I VRD: FP Rocky Mtn. Co-Ed VRD: AF Pepi's Soccer 6:30p URD • FP -Adult SB 5:30 - 8:30 p(not on East GRFA -VIDF load in after BFAGF - ~ Softball 8a-4p Club 6-8p 5:30 - 8:30 p(not on East Field of FP) concert Thompson/Norris GRFA - VIDF Load in all Field of FP) VRD: AF Pepi's Soccer Club 6- wedtling; 60 pp; 3-6pm ~ day 8p i i BFAGF - Johnson/May LBFP - Picnic Pav - BFAG ~ ' wedding;l2-3p; 40 pp Botanical Illustration picnic ; 8a- ~ P i i PD ! VMS I Paid Parking 4q-8p I { PD/VMS PD/VMS PD/VMS PD/VMS Paid Parkin 4•8 Paid Parkin 4-8 Paid Parkin 4-8 Paid Parkin 4-8 ~ ! 27 28 GRFA - VIDF - 7:30 pm 29 30 GRFA - VIDF Rehearsal 31 GRFA - VIDF - ~ ~ GRFA = VIDF - 7:30 pm VRD - FP. -Adult SB GRFA - VIDF - 7:30 pm only Rehearsl only ~ VRD: 5:30 - 8:30 p VRD: AF Rugby 6-8p LBFP - Gala Tent setup ~ ~ AF/FP - Vail Invitational VRD - AF Volleyball courts- VRD - FP -Adult SB Soccer 8a-3p Volleyball League 5p-8p 5:30 - 8:00 p ~ ' VRD: AF Pepi's Soccer ! i Club 6-8p ~ ~ PDNMS ~ ~ Paid Parking 4p-8p PD I VMS j Paid Parkin 4-8 f Revised January 31, 2008@ 12:00 p.m. 2008 FORD PARK SCHEDULE AUGUST SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY ~ *NOTE: Copper Mtn 1 GRFA - VIDF - 7:30 pm 2 GRFA - VIDF - 7:30 pm ' Triangle Bike Ride URD - FP - Kick It 3v3 VRD - FP - Kick It 3v3 ~ from 11 am-2pm will soccer 7a-6p soccer 7a-6p i VRD - Colorado Clay Court VRD - Coloratlo Clay Court ~ ' impact Saturday, 8/1 Tennis Cham onshi s , I events (approx. 3,000 ~ennis Championships; 8a- 7p pi P; 8a- ~ riders) LBFP - VIDF Gala 5pm to LBFP - tent up for BFAGF I 12 midnight gala tomorrow???? ~ PD/VMS PDlVMS Paid Parkin 7a-7 Paid Parking 7a-7p ' i 3 GRFA- VIDF rehearsal 4 VRD - FP -Adult SB 5 VRD: AF Rugby 6-8p 6 VRD: AF Pepi's Soccer 7 VRD: AF Rugby 6-8p g 9 VRD - FP - Kick It 3v3 5:30 - 8:30 p VRD - FP -Adult SB Club 6-8p VRD - FP -Atlult SB VRD: AF Pepi's Soccer GRFA - VIDF I soccer 7a-6p VRD - AF Volleyball courts- 5:30 - 8:30 p VRD - FP -Atlult SB 5:30 - 8:3 0 pm Club 6-8p VRD - AF Rugby Match; ~ ~ VRD - Colorado Clay Court Volleyball League 5p-8p GRFA - VIDF - 7:30 pm 5:30 - 8:30 p GRFA - VIDF rehearsal GRFA - VIDF - International 1 P-4p ~ Tennis Championships; Sa- URD: AF Pepi's Soccer GRFA: Hot Summer Nights; GRFA - VIDF rehearsal Evenings BFAG -Levin/Jacobson 7p Club 6-8p 6:30 pm wetlding;135 pp; 3-6pm - ` VRD - AF Rugby Match;l - GRFA - VIDF rperformance photos??? ~ 4p at 7:30 pm LBFP • Levin/Jacobson i LBFP - BFAG 20`h LBFP - BFAGF/VVF (Arte) wedtling;135 pp; 3-6pm { I Anniversary Gala??? gala tear down 8a-12 noon PDNMS PD/VMS PD/VMS PD/VMS PD/VMS ~ Paid Parkin 7a-7 Paid Parking 4-8p Paid Parkin 4-8p Paid Parking 4-8 Paid Parking 4•8p ~ i 10 11 VRD - FP -Adult SB 12 URD: AF Rugby 6-8p 13 VRD: AF Pepi's Soccer 14 VRD: AF Rugby 6-8p 15 16 ' VRD - AF Rugby Match;l - 5:30 - 8:30 p GRFA: Hot Summer Nights; Club 6-8p VRD - FP & AF Valley VRD: AF Pepi's Soccer VRD - AF - Rugby Match; ~ 4p VRD: AF Pepi's Soccer 6:30 pm VRD - FP -Atlult SB . sports Assoc Youth Soccer; Club 6-8p 1 p-4p i Club 6-8p VRD - FP •Adult SB 5:30 - 8:30 p 4-7p ~ VRD - AF Volleyball courts- 5:30 - 8:30 p VRD - FP -Adult SB j Volleyball League 5p-8p 5:30 - 8:30 p E GRFA - VIDF - load out all day PD / VMS Paid Parkin 4-8 17 18 VRD - FP & AF Valley 19 VRD: AF Rugby 6-8p 20 VRD: AF Pepi's Soccer 21 VRD: AF Rugby 6-8p 22 VRD: AF Pepi's Soccer 23 BFAG/LBFP - ~ , GRFA - Jennifer Louk sports Assoc Youth Soccer; VRD - Valley sports Assoc Club 6-8p VRD - FP & AF Valley Club 6-8p SmithlPorter wedding and ~ j wedding;100 pp; 4p-6p 4-7P Youth Soccer; 4-7:00p VRD - FP & AF Valley sports Assoc Youth Soccer; photos;150 pp; 3-6pm VRD - AF Rugby Match;l - VRD - AF Volleyball courts- VRD - FP -Adult SB sports Assoc Youth Soccer; 4-7p VRD - AF - Rugby Match; ~ qp Volleyball League 5p-8p 5:30 - 8:30 p 4-7p VRD - FP -Adult SB 1p-4p VRD - FP -Adult SB GRFA: Hot Summer Nights; VRD - FP -Adult SB 5:30 - 8:30 p HOLD Ford Parking Lot for 5:30 - 8:30 p 6:30 pm 5:30 - 8:30 p Colorado Stage Bicycle VRD: AF Pepi's Soccer Race (circuii) 8am to 2pm Club 6-8p GRFA: Possible Concert for Colorado Stage Bicycle PD / VMS Race?? Paid Parking 4-8p j ~ ' Revised Janua 31, 2008@ 12:00 .m. ' SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 24 25 VRD - FP & AF Valley 26 VRD - Fall Softball 5:30• 27 VRD - Fall Softball 5:30- 28 29 VRD - FP and 30: 1 VRD - AF Rugby Match;l - sports Assoc Youth Soccer; 8:30p 8:30p VRD: AF Rugby 6-8p LBFP and East Parking Lot- GRFA - Wedding & j 4p 4-7p VRD • FP -Adult SB VRD - FP -Adult SB VRD - FP -Adult SB Trans Rockies overnight Rehearsal Dinner;100 pp; VRD - FP -Adult SB 5:30 - 8:30 p 5:30 - 8:30 p 5:30 - 8:30 p camp out HOLD 6pm -10 pm ~ HOLD Ford Parking Lot for 5:30 - 8:30 p URD: AF Rugby 6-8p VRD: AF Pepi's Soccer VRD - FP & AF Valley ' Colorado Stage Bicycle VRD - FP & AF Valley VRD - FP & AF Valley Club 6•8p sports Assoc Youth Soccer; Race for Time Trials and sports Assoc Youth Soccer; sports Assoc Youth Soccer; VRD - FP & AF Valley 4-7p ; staging of vehicles 4-7p 4-7p sports Assoc Youth Soccer; VRD - AF Volleyball courts- GRFA: Hot Summer Nights; 4-7p Volleyball League 5p-8p 6:30 pm????? VRD: AF Pepi's Soccer ~ Club 6-8p ; i I PDIVMS ~ Paid Parking 4-8p I ' 31 VRD - AF Rugby 1 Match; 1-4p ~ GRFA - Parks Wedding - ' HOLD LBFP - Parks wedding;l2• 3pm;100 pp 1 LBFP - Wedtling; 3-6pm; I 100 pp - Hold Revised January 31, 2008@ 12:00 p.m. 2008 FORD PARK SCHEDULE SEPTEMBER SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY i 1 2 3 4 5 VRD: AF Pepi's Soccer 6 , Club 6-8p VRD - AF - Rugby Match; j 1 p-4p i 7 8 VRD - FP & AF Valley 9 VRD - FP & AF Valley 10 VRD - FP & AF Valley 11 VRD - FP & AF Valley 12 13 VRD - AF - Rugby ji ~ sports Assoc Youth Soccer; sports Assoc Youth Soccer; sports Assoc Youth Soccer; sports Assoc Youth Soccer; VRD: AF Pepi's Soccer Match; 1 p-4p ~ 4-7p 4-7p 4-7p 4•7p Club 6-8p l, VRD - Fall Softball 5:30- VRD - Fall Softball 5:30- VRD: AF Rugby 6-8p ~ 8:30p 8:30p VRD - Fall Softball 5:30• URD - FP •Atlult SB ~ VRD: AF Rugby 6-8p 8:30p 5:30 - 8:30 p VRD: AF Pepi's Soccer URD - Fall Softball 5:30- Club 6-8p 8:30p ~ 9 10 VRD - FP & AF Valley 11 VRD - FP & AF Valley 12 URD - FP & AF Valley 13 URD - FP & AF Valley 14 15 M sports Assoc Youth Soccer; sports Assoc Youth Soccer; sports Assoc Youth Soccer; sports Assoc Youth Soccer; VRD: AF Pepi's Soccer ! 4-7p 4-7p 4-7p 4-7P Club 6-8p VRD - Fall Softball 5:30- URD - FP -Atlult SB VRD - Fall Softball 5:30- 8:30p VRD - Fall Softball 5:30- 5:30 - 8:30 p ' 8:30p 8:30p VRD - Fall Softball 5:30- ~ VRD, AF Pepi's Soccer 8:30p ~ Club 6-8 ~ 14 VRD - AF - Flag 15 VRD - FP & AF Valley 16 VRD - FP & AF Valley 17 VRD - FP & AF Valle.y 18 VRD - FP & AF Valley 19 VRD: AF Pepi's Soccer 20 ' Football 9a-3p sports Assoc Youth Soccer; sports Assoc Youth Soccer; sports Assoc Youth Soccer; sporfs Assoc Youth Soccer; Club 6-8p 4-7p 4-7p 4-7p 4-7p j VRD - Fall Softball 5:30- VRD - FP -Adult SB ~ 8:30p VRD - Fall Softball 5:30• URD - Fall Softball 5:30- 5:30 - 8:30 p : 8:30p 8:30p VRD - Fall Softball 5:30- VRD: AF Pepi's Soccer 8:30p ~ Club 6-8p ~ 21 VRD - AF - Flag 22 VRD - FP & AF Valley 23 VRD - FP & AF Valley 24 VRD - FP & AF Valley 25 URD - FP & AF Valley 26 URD: AF Pepi's 27 Football 9a-3p sports Assoc Youth Soccer; sports Assoc Youth Soccer; sports Assoc Youth Soccer; sports Assoc Youth Soccer; Soccer Club 6-8p 4-7p 4-7p 4-7p 4-7p e VRD - FP -Adult SB ~ VRD - Fall Softball 5:30- VRD - Fall Softball 5:30- VRD - Fall Softball 5:30- 5:30 - 8:30 p f 8:30p 8:30p 8:30p VRD - Fall Softball 5:30- VRD: AF Pepi's Soccer 8:30p Club 6-8p 28 - 29 30 F Revised January 31, 2008@12:40 p.m. 2008 FORD PARK SCHEDULE OCTOBER SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 1 VRD - Fall Softball 5:30- 2 VRD - Fall Softball 5:30- 3 4 VRD AF & FP - Vail j ~ 8:30p 8:30p Valley Soccer Club I VRD - FP & AF Valley VRD - FP & AF Valley Challenge Cup 9:00a-6p sports Assoc Youth Soccer; sports Assoc Youth Soccer; ~ 4-7p 4-7p ~ I ~ ; 5 VRD AF & FP - Vail 6 VRD - FP & AF Valley 7 VRD - FP & AF Vailey 8 VRD - FP & AF Valley 9 VRD - FP & AF Valley 10 11 i , Valley Soccer Club . sports Assoc Youth Soccer; sporis Assoc Youth Soccer; sports Assoc Youth Soccer; sports Assoc Youth Soccer; i Challenge Cup 9:30a-6p 4-7p 4-7p 4-7P 4-7p i VRD - Fall Softball 5:30- ~ VRD - AF - Flag Footbali VRD - Fall Softball 5:30- 8:30p VRD - Fall Softball 5:30- VRD - Fall Softball 5:30- j 9a-3p 8:30p 8:30p 8:30p . t 12 VRD - AF - Flag 13 VRD - FP & AF Valley 14 VRD - FP & AF Valley 15 VRD - FP & AF Valley 16 VRD - FP & AF Valley 17 18 Football 9a-3p sports Assoc Youth Soccer; sports Assoc Youth Soccer; sports Assoc Youth Soccer; sports Assoc Youth Soccer; I ~ 4-7p 4-7p 4-7p 4-7p j i VRD - Fall Softbail 5:30- VRD - Fall Softball 5:30• VRD - Fall Softball 5:30- VRD - Fali Softbail 5:30- ~ 8:30p 8:30p 8:30p 8:30p ~ ~ i ~ 19 VRD - AF - Flag 20 21 22 23 24 25 j Football 9a-3p k VRD - Fall Softball 5:30- VRD - Fall Softbali 5:30• VRD - Fall Softball 5:30- VRD - Fall Softball 5:30- 8:30p 8:30p 8:30p 8:30p 26 VRD - AF - Flag 27 28 29 30 31 29 Foofball 9a-3p i VRD - Falt Softball 5:30- VRD - Fall Softball 5:30- VRD - Fail Softball 5:30- ~ 8:30p 8:30p 8:30p ; MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: February 5, 2008 SUBJECT: First reading of Ordinance No. 3, Series of 2008, an Ordinance amending Chapter 14-10, Design Review Standards and Guidelines, Vail Town Code, in order to modify the wildfire roofing regulations requiring Class A roof assemblies or Class A roof materials in the Town of Vail, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Rachel Friede 1. DESCRIPTIOfV OF REQUEST The applicant, the Town of Vail, is requesting a first reading of Ordinance No. 3, Series of 2008, an Ordinance amending Chapter 14-10, Design Review Standards and Guidelines, Vail Town Code, in order to amend the wildfire roofing regulations requiring Class A roof assemblies or Class A roof materials in the Town of Vail, and setting forth details in regard thereto. The Vail Town Council can choose to approve, approve with modifications, or deny Ordinance No. 3, Series of 2008, on first reading. Based upon Staff's review of the criteria outlined in Section VI of the Planning and Environmental Commission memorandum dated December 10, 2007 and the evidence and testimony presented, the Community Development Department recommends the Vail Town Council approve Ordinance No. 3, Series of 2008, subject to the findings noted in Section III of this memorandum. I1. BACKGROUND On February 6, 2007, the Vail Town Council adopted Ordinance No. 3, Series of 2007, an ordinance requiring Class A roof assembly or Class A roof covering materials and banning wood shake and wood shingles for all structures within the Town of Vail. The regulations remained vague regarding nonconforming structures and multiple ownership scenarios, relying on the regulations regarding compatibility of materials to guide decision-making. Following recent decisions by the Design Review Board to allow different roof covering materials under certain circumstances, the Vail Town Council instructed Staff to proposed text amendments to the regulations in order to clarify requirements and allow different roof covering materials under certain circumstances in two-family and multi-family dwellings. On December 10, 2007, the Planning and Environmental Commission reviewed proposed text amendments and recommended approval with. modifications. The modifications were as follows: 1 1. That nonconforming single-family dwellings, two-family dwellings, ancD multi- family dwellings shall be allowed a one-time 500 square foot addition o$ GRFA per unit, that affects the roofing area but does not share a plane or ridge with the existing roof, that shall conform to roofing requirements but shall not trigger a re-roof of the existing nonconforming roof. 2. That the Design 12eview Board shall be given some ability to aliow exemptions to the roofing requurements should the design meet the intent of the Vail Town Code. 3. That any maintenance and repair of a nonconforming roof that is more than 25% within a twelve month period and or more than 50% of total roof area in any time period shall be required to re-roof the entire structure to come into compliance - with the roofing regulations. On December 12, 2007, the Vail Town Council held a worksession on the proposed amendments. Councilmembers commented that they were in favor of the proposed text amendments, and asked that the Design Review Board be given some discretion in allowing compatible roofing materials. III. STAFF RECOMMENDATION The Community Development Department recommends that the Vail Town Council approve Ordinance No. 3, Series of 2008, an ordinance to amend Chapter 14-10, Design Review Standards and Guidelines, Vail Town Code, in order to amend the wildfire roofing regulations requiring Class A roof assemblies or Class A roof materials in the Town of Vail, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria in Section VI of the Planning and Environmental Commission memorandum dated'December 10, 2007, and the evidence and testimony presented. Should the Vail Town Council choose to approve these proposed text amendments, the Community Development Department recommends the Council make a motion to approve Ordinance No 3, Series of 2008, with the following findings incorporated: "1. That fhe amendments are consistent with the applicable elements of the adopted goa/s, objecfives and policies ouflined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, and 2. That the amendments further fhe general purpose of Title 14, the Development Standards Handbook, Vail Town Code; and 3. That the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinafed 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." IV. ATTACHMENTS A. PEC memorandum dated December 10, 2007 B. PEC minutes dated December 10, 2007 C. Ordinance No. 3, Series of 2008 2 ~ Attachment A MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department - DATE: December 10, 2007 , SUBJECT: A request for a final recommendation to the Vail Town Council for a prescribed regulations amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to Chapter 14-10, Design Review Standards and Guidelines, Vail Town Code, in order to amend the wildfire roofing regulations requiring Class A roof assemblies or Class A roof materials in the Town of Vail, and setting forth details in regard thereto. (PEC07-0071) Applicant: Town of Vail Planner: Rachel Friede 1. SUMMARY The applicant, the Town of Vail, is requesting a final recommendation to the Vail Town Council for a prescribed regulations amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to Chapter 14-10, Design Review Standards and Guidelines, Vail Town Code, in order to amend the wildfire roofing regulations requiring Class A roof assemblies or Class A roof materials in the Town of Vail, and setting forth details in regard thereto. Based upon Staff's review of the criteria outlined in Section VI of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council for the proposed text amendments, subject to the findings noted in Section VI of this memorandum. 11. DESCRIPTION OF REQUEST The danger of wildfire in Vail has been a pressing issue for many years, with intertwined issues of pine beetle infestation, drought, and the prevalence of development adjacent to United States Forest Service (USFS) properties. The Town has worked with partners including the USFS and Eagle County to mitigate wildfire risk at the perimeter of the Town by conducting controlled burns and tree removal in select locations. This perimeter would . potentially stop fire from traveling from the forest to homes as well as the greater risk from homes to the forest. In 2006, Town Departments including Fire, Planning, Building, and Environment Health collaborated to draft Wildfire Regulations that would reduce the risk of destruction of property and spreading wildfires. The result of that collaboration was the adoption of Ordinance No. 3, Series of 2007 on February 6, 2007, an ordinance requiring all structures within the Town of Vail have Class A roof assemblies or Class A roof covering materials, . and expressly banning wood shake and wood shingles. Since the regulations were enacted, there have been development review applications for 1 . . Attachment A certain changes to nonconforming roofs that have conflicted with aesthetic requirements for materials and two-family dwellings. Title 14 requires compatibility among exterior materials applied to both sides of two-family dwellings, which the Design Review Board has interpreted to require uniform roof covering materials for duplex units. However, the Design Review Board recently allowed one side of a non-conforming duplex to reroof from wood shake to a synthetic shake, while the other side was not required to reroof at the same time. There have also been cases of single-family residences with multiple roof covering materials approved. Staff is requesting that the Planning and Environmental Commission consider a text amendment to Chapter 14-10, Design Review Standards and Guidelines that will amend the wildfire roofing regulations. The proposed text amendments seek to clarify the requirements for nonconforming structures relative to approval from the Town for maintenance, repair, additions or partial reroof, particularly in two-family dwellings. Following the development review applications with special circumstances, the Vail Town Council instructed Staff to propose text amendments that address requirements for compliance in nonconforming structures. The proposed text amendments will provide clarity to the regulations, while allowing more flexibility and increasing compliance. The proposed amendments are indicated in bold (additions) and str+ke-t#r-eug# (deletions) as follows: Title 14: Development Standards Handbook Chapter 14-2: Definitions 14-2-1: Definitions of Words and Terms: RIDGE: The uppermost, horizontal external angle formed by the intersection of two sloping roof planes. VALLEY: The internal angle formed by fhe intersection of two sloping roof planes. Chapter 10: Design Review Standards and Guidelines (in part): 14-10-5: Building Materials and Design: F. All structures shall have c/ass A roof assemblies or shall have c/ass A roof covering materials, as defined by the adopted building code. The use of concrete tile, slate, metal, asphalt shingle, fiberglass shingle, and built up tar and gravel roofing may be permitted. Metal roofing, when permitted, shall not reflect direct sunlight onto an adjacent property and shall be surfaced with a low gloss finish or be capable of weathering to a dull finish. Metal roofing, when permitted, shall be of a heavy gauge and designed to provide visual relief to the roof surface (including, but not limited to, a standing seam). Asphalt and fiberglass shingles, when permitted, shall weigh no less than three hundred (300) pounds per roofing square. The use of wood shake, wood shingles and rolled roofing shall not be permitted. Two-family and multi- family dwellings shall be required to have matching roof covering materials, except when the Design Review Board determines fhat dififePent materials are compatible and integral to the architectural sty/e of the structure. Two-family and mulfi-family dwellings with nonconforming roofs may be allowed to have different roof covering materials under certain conditions listed in Subsecfion 14-10-5F-2. 2 4 Attachment A 1. Applicability: The provisions of this subsection shall apply to new construction, reroofing, repair or maintenance of twenty-five (25) percent or more of the total roof area of a structure within a twelve month period, utilization of the 250 ordinance, per section 12-15-5 of this code, and all addifions e*empt, . 2. Nonconforming structures: The following applies to structures thaf have nonconforming roofs: a. Single-family dwellings: Repair and maintenance of twenty-five (25) percent or more of fhe tota/ roof area of the structure within a twelve (12) month period, or any additions fo fhe roof area shall require the entire structure to come into compliance. b. Two-family dwellings: Repair and maintenance of twenty-five (25) percent or more of fhe total roof area of each side requires the side(s) conducting repair and maintenance to come into compliance. Any addifion of roof area that shares a plane or ridge with the exisfing roof, or is more than 9 roofing square in area, requires that the side(s) of the fwo-family dwelling that have the addition be reroofed to come into compliance. Additions of new roof forms /ess fhan 1 roofing square in area that do not share a plane or ridge with the exisfing roof, but may share a valley, such as a dormer, shall be allowed to keep the nonconforming roof and ufilize a conforming but different roof covering material for the addifion should the materials be deemed compatible by the Design Review Board. Upon reroofing one side of a duplex with a different roof covering material in order to come into compliance, the other side of fhe duplex shall be required to reroof if the roof structures are attached by any shared plane or ridge. If the roof structures of the two sides are not attached by any shared plane or ridge, or are solely attached by a valley, one side may reroof with a different roof covering material, shouPd the maferials be deemed compatible by the Design Review Board. Upon reroofing the remainder of the nonconforming roof, the materials shall match the approved conforming materials. c. Multi-family dwellings: Repair or maintenance of fwenty-five (25) percent or more of the tofa/ roof area of a strucfure within a twelve (12) month period requires the entire strucfure to come into compliance. Any addifion of roof area that shares a plane or ridge with the existing roof or is more than 1 roofing square shall be required to reroof the entire structure to come into compliance. Additcons of new roof forms less than 1 roofing square that do not share a plane or ridge, but may share a valley, with the existing roof, such as a dormer, shall be allowed to keep fhe nonconforming roof and utilize a conforming but differenf roof covering material should the materials be deemed compatible by the Design Review Board. d. Developments with mulfiple strucfures: Upon reroofing a single structure that is part of a multi-strucfure project with conforming roof covering materials that do not match existing materials, the 3 Attachment A o conforming materials shall be deemed compatible with the existing nonconforming materials by the Design Review Board. Upon reroofing of additional structures in the development, the materials shall match the approved conforming materials. Should the matching maferial no longer be manufactured, a different material may be permitted, should the materials be deemed compatible by the Design Review Board. 32. Roofing Material: The use of any roofing material, including those not specifically identified by this section, shall on/y be permitted, unless otherwise prohibited by fhis code, where the design review board finds: a. That the proposed material is satisfactory in general appearance, quality over time, architectural style, design, color, and texture; and b. That the use of the proposed material complies with the intent of the provisions of this code; and c. That the use of the proposed material is compatible with the structure, site, surrounding structures, and overall character of the town of Vail; and d. That the material is noncombustible or aids in fhe prevention of fires. III. BACKGROUND In 2006, Staff made a collaborative effort to create wildfire regulations that would improve conditions in Vail to protect life and property against wildfire. On October 9, 2006, Staff proposed text amendments to the PEC requiring Class A roof assemblies for all structures within the Town. The PEC made a recommendation of approval with modifications, including a provision allowing duplex owners to re-roof at different times in order to come into compliance. Staff consulted the Design Review Board regarding the allowance of re-roofing two sides of a duplex at different times. The DRB recommended that the policy requiring uniformity of structures and compatibility of materials be lifted when dealing with this new regulation. However, on December 5, 2006, Staff held a worksession with the Vail Town Council to discuss the regulations and whether they always require uniformity. The Town Council instructed Staff that uniformity of materials should be required to maintain aesthetic quality and to encourage compliance, and thus, increased safety from spreading wildfires. On December 11, 2006, Staff returned to the PEC to propose a text amendment to allow applicants to choose befinreen a Class A roof assembly or Class A roof covering material, and to ban wood shake and wood shingles for use as a roofing material. The PEC recommended approval, and the Vail Town Council adopted Ordinance No. 3, Series of 2007, on February 6, 2007. The regulations remained vague regarding nonconforming structures and multiple ownership scenarios, relying on the regulations regarding compatibility of materials to guide decision-making. Following recent decisions by the Design Review Board to allow different roof covering materials under certain circumstances, the Vail Town Council instructed Staff to proposed 4 Attachment A text amendments to the regulations in order to clarify requirements and allow different roof covering materials under certain circumstances in two-family and multi-family dwellings. IV. ROLES OF REVIEWING BODIES Order of Review: The Planning and Environmental Commission review text amendment applications and forwards a recommendation to the Town Council. The Town Council will then review the text amendment application. Planning and Environmental Commission: The Planning and Environmental Commission is responsible for the review of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code, and forwarding of a recommendation to the Vail Town Council. Design Review Board: The Design Review Board has no review authority over a text amendment to the Vail Town Code. However, since the Wildfire Regulations may affect the way the Design Review Board reviews applications, Town Staff will review the proposed text amendments with the DRB. Town Council: The Vail Town Council is responsible for final approval, approval with modifications, or denial of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code. The Vail Town Council has the authority to hear and decide appeals from any decision, determination, or interpretation by the Planning and Environmental Commission and/or Design Review Board. The Vail Town Council may also call up a decision of the Planning and Environmental Commission and/or Design Review Board. V.. APPLICABLE PLANNING DOCUMENTS Town of Vail Zoning Requlations (Title 12, Vail Town Code) Chapter 12-3: Administration and Enforcement 12-3-7: Amendment: C. Criteria And Findings: 2. Prescribed Regulations Amendment: a. Facfors, Enumerated: Before acting on an application for an amendment to the regulations prescribed in fhis Title, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the requested text amendment: (1) The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and (2) The extent fo which the text amendment wou/d better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with fhe development objectives of the town; and (3) The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the exisfing regulation is no longer appropriate or is inapplicable; and (4) The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and 5 Attachment A (5) Such other factors and criteria the Commission and/or Council deem ° applicable to the proposed text amendment. Town of Vail Development Standards Handbook (Title 14, Vail Town Code) Chapter 14-1: Administration 14-1-1: Purpose and Intent: It is the purpose of these rules, regulations, and standards to ensure the general health, safety, and welfare of the community. These rules, regulations, and standards are intended to ensure safe and efficient development within the town for pedestrians, vehicular traffic, emergency response traffic, and the community at large. The development standards will help protect property values, ensure the aesthetic quality of the community and ensure adequate development of property within the Town. 14-10-2: General Compatibility: A.Structures shal/ be compatible wrth existing structures, their surroundings, and with Vail's environment. It is not to be inferred that buildings must look alike to be. compatible. Compatibility can be achieved through the proper considerafion of sca/e, proportions, site planning, landscaping, materials and colors, and comp/iance with the guidelines herein contained. 14-10-6: Residential Development: A. The purpose of this section is to ensure that residential development be designed in a manner that creates an architecturally infegrated structure with unified site development. Dwelling units and garages shall be designed within a single structure, except as set forth in subsection 8 of this section, with the use of unified architectural and landscape design. A single structure shall have common roofs and building walls that create enc/osed space substantially above grade. Unified architecturai and landscape design shall include, but not be limited to, the use of compatible building materials, architectural style, scale, roof forms, massing, architectural details, site grading and landscape materials and features. VI. REVIEW CRITERIA The review criteria and factors for consideration for a request of a text amendment to Title 12 are established in accordance with the provisions of Chapter 12-3, Vail Town Code. As there are no formal criteria for text amendments to Title 14, the provisions from Title 12 will be used for all proposed text amendment to provide for stringent criteria. 1. The extent to which the text amendment furthers the general purpose of the Development Standards Handbook; and Staff believes the proposed text amendments further the general purpose of Title 14 because they clarify the regulations for certain circumstances while addressing safety and aesthetics issues. The text amendments will require that in most circumstances, nonconformities are removed, resulting in increased safery from wildfires. The text amendments also address the use of different roof covering • materials on finro-family dwellings and multi-family dwellings only under circumstances that do not negatively affect the aesthetic value of the structure. 2. The extent to which the text amendment would better implement and better 6 . 4 Attachment A achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and Staff believes the proposed text amendments better implement and better achieve the applicable eiements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town. 3. The exten.t to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and Staff believes the proposed text amendments will provide clarity to Staff and decision making boards in certain circumstances that were not adequately addressed in the original text amendments. Since the adoption of the subject regulation, there have been numerous design review applications approved that allowed different roof covering materials on multiple (attached) structures and this highlighted the conflicts that remained in the regulations. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. Staff believes the proposed text amendments will facilitate and provide a harmonious, convenient, workable relationship among land use regulations that are consistent with the Town of Vail master plans and development objectives. Allowing two-family and multi-family dwellings to have different roof covering materials allows for a better relationship between owners, and thus, a smoother development review process. It also ensures that owners can come. into compliance with the regulation without being required to get their neighbors to comply immediately. 5. Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment. VII. STAFF RECOMMENDATION The Community Development Department recommends that , the Planning and Environmental Commission forward a recommendation of approval to the Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for proposed text amendments to Chapter 14-10, Design Review Standards and Guidelines, Vail Town Code, in order to amend the wildfire roofing regulations requiring Class A roof assemblies or Class A roof materials in the Town of Vail, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria in Section VI of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve these proposed text amendments, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of 7 . Attachment A ~ approval fo the Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for the Town of Vail's request for proposed fext amendments to to Chapter 14-10, Design Review Standards and Guidelines, Vail Town Code, in order fo amend the wildfire roofing regulations requiring C/ass A roof assemb/ies or Class A roof materials in the Town of Vail, and setting forth aletails in regard thereto." Should the Planning & Environmental Commission choose to recommend approval of the proposed amendments Staff recommends that the following findings be incorporated into a motion: "1. That the amendments are consistent with the applicable elements of the adopfed goa/s, objectives and policies outlined in the Vail Comprehensive Plan and is compafible with the development objectives of the Town, and 2. That the amendments further the general purpose of Title 14, the Development Standards Handbook, Vail Town Code; and 3. That the amendments prorriofe 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 ifs established characfer as a resort and residential community of the highesf quality." 8. ~ , Attachment B Planning and Environmental Commission December 10, 2007 Portion of Minutes 4. A request for a final recommendation to the Vail Town Council for a prescribed regulations amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to Chapter 14-10, Design Review Standards and Guidelines, Vail Town Code, in order to amend the wildfire roofing regulations requiring Class A roof assemblies or Class A roof materials in the Town of Vail, and setting forth details in regard thereto. (PEC07-0071) Applicant: Town of Vail Planner: Rachel Friede ACTION: Recommendation of approval with condition(s) MOTION: KjesboSECOND: Kurz VOTE: 5-1-0 (Viele opposed) CONDITIONS: 1. That nonconforming single-family dwellings, two-family dwellings, and multi-family dwellings shall be allowed a one-time 500 square foot addition of GRFA per unit, that affects the roofing area but does not share a plane or ridge with the existing roof, that shall conform to roofing requirements but shall not trigger a re-roof of the existing nonconforming roof. 2. That the Design Review Board shall be given some ability to allow exemptions to the roofing requirements should the design meet the intent of the Vail Town Code. 3. That any maintenance and repair of a nonconforming roof that is more than 25% within a twelve month period and or more than 50% of total roof area in any time period shall be required to re-roof the entire structure to come into compliance with the roofing regulations. Rachel Friede gave a presentation per the staff memorandum. There was no public comment. Commissioners Kjesbo and Pierce asked for clarification about the proposed exemptions from these requirements for single family and duplex homes. Rachel Friede clarified that the proposed regulations would not allow exemptions for single-family homes. Commissioner Pierce noted that all the Commissioners were in favor of noncombustible roofing materials. He noted that another goal should be to allow additions to duplexes without one duplex owner tying the hands of their duplex neighbor. Warren Campbell gave examples of some recent duplex re-roof application scenarios and welcomed additional input from the Commissioners. Commissioner Kurz asked whether the aesthetic regulations should oufinreigh the wildfire regulations. He further. noted the insurance impacts of this issue and noted that the policy is correct, but questioned what "triggers" the requirement for both parties of a duplex to re-roof. Commissioner Viele questioned to what extent the Town forces owners to re-roof. . Warren Campbell noted that if a half a duplex has wood shakes and catches fire, it was irrelevant if the other half replaced their roof with a noncombustible roof. Commissioner Viele expanded upon the idea that many duplex owners will never be able to cooperate. Commissioner Proper asked if anyone has acknowledged the wastefulness of replacing a roof that 1 Attachment B doesn't need to be replaced at the time that an event is triggering a re-roof. Commissioner Pierce recommended that as this regulation moves forward "one square" should be replace with 100 sq.ft. to make it clearer. Commissioner Gunion expressed that the difficult neighbor situations will occur with or without these regulations. The question is how to create incentives for re-roofing. She noted concerns that duplex owners are currently blackmailing each other because they need each others signatures to apply for any application to the Town. Commissioner Kurz asked Rachel to clarify what is achieved with these proposed amendments. Rachel Friede explained that the proposed amendments do not solve all the issues, but provide more flexibility than the current regulations. Duplex owners will still be required joint property signoff for any solution proposed. Commissioner Pierce recommended a process of evaluating each building and requiring a plan of action by both neighbors within a specific time frame; thus elevating the conflict between neighbors. Rachel Friede noted the earlier consideration of such a plan. She noted the lack of available staffing resource to implement such a plan and the fact that the narrow valley of the Town causes most properties to be affected by the spread of fire. Commissioner Viele noted his concern that the Town is over-regulating. Rachel Friede noted that maintenance can be done to repair leaking roofs, etc. without Town of Vail design review approval or joint owner approval. Commissioner Viele noted that he is not in favor of any regulation that doesn't limit itself to new construction. Rachel Friede expanded that the one roofing square threshold was proposed since that is the amount of replacement that triggers the need for a building permit. Commissioner Gunion noted that allowing multiple roofing materials could allow more creative and aesthetically desirable homes when implemented appropriately. Commissioner Pierce summarized that the Commission has the following concerns: - A 500 sq.ft. one time exception per unit for single-family, duplex and multi-family buildings, for additions that affect the roof area but do not share a plane or ridge with existing roof area. - The DRB should be allowed broader authority to allow exceptions to the rules of compatible roofing materials - Multi family roof upgrade should be tied to roof changes, not GRFA (250 additions) changes - Maintenance and repair should be capped at 50% and then entire roof must come into compliance Commissioner Proper recommended forwarding a motion to Town Council with additional recommendations, as outlined by Commissioner Pierce, rather than tabling this item for further Commission review. , 2 C • Attachment C ORDINANCE NO. 3 SERIES OF 2008 ORDINANCE NO. 3, SERIES OF 2008, AN ORDINANCE AMENDING CHAPTER 14-10, DESIGN REVIEW STANDARDS AND GUIDELINES, VAIL TOWN CODE, IN ORDER TO MODIFY THE WILDFIRE ROOFING REGULATIONS REQUIRING CLASS A ROOF ASSEMBLIES OR CLASS A ROOF MATERIALS IN THE TOWN OF VAIL, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Vail Town Council adopted Ordinance No. 3, Series of 2007, an ordinance requiring Class A roof assembly or Class A roof covering materials and banning wood shake and wood shingles for all structures within the Town of Vail, at its February 6, 2007 meeting; and 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 of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval with modification of these amendments at its December 10, 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 further the general purpose of the Development Review Handbook; 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 finds that these amendments will aid in clarifying regulations for changes to structures that do not conform with the wildfire roofing regulations that require Class A roof assembly or Class A roof covering materials and bans wood shake and wood shingles; 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 clarify Chapter 14-10 to address structures that are not in compliance with the wildfire roofing regulations (Text that is to be deleted is StFislEen. Text that is to be added is bold. Sections of text that are not amended may be omitted.) Ordinance No. 3, Series of 2008 1 Attachment C + Section 2. Section 14-2-1 is hereby amended as follows: RIDGEc The uppermost, horizontal exfernal angle formed by the infersection of finro sloping roof planes. VALLEY: The infernal angle formed by the infersection of two sloping roof planes. Section 3. Section 14-10-5 is hereby amended as follows: F. All structures shall have c/ass A roof assemblies or shall have c/ass A roof covering materials, as defined by the adopted building code. The use of concrete tile, slate, metal, asphalt shingle, fiberglass shingle, and built up tar and gravel roofing may be permitted. Metal roofing, when permifted, shall not reflect direct sunlight onto an adjacent property and shall be surfaced with a low g/oss finish or be capable of weathering to a dull frnish. Metal roofing, when permitted, shall be of a heavy gauge and designed to provide visual relief to the roof surface (including, but not limited to, a standing seam). Asphalt and fiberglass shingles, when permitted, shall weigh no less than three hundred (300) pounds per roofing square. The use of wood shake, wood shingles and rolled roofing shall not be permitted. Two-family and mu/ti-family dwellings.shall be required to have uniform roof covering materials, except when the Design Review Board defermines that the materials are compatible, are integral to the architectural style of fhe sfructure and differenf materials do not share any ridges or planes, but may share a valley. 9. Nonconforming Structures: All structures that do not have a C/ass A roof assembly or C/ass A roof covering material, or structures with wood shake or wood shingles shall come info compliance as follows: a. Repair and maintenance of twenty-five (25) percent or more of the roof area of a single- family dwelling, a side of a two-family dwelling, or of an entire multiple-family dwelling within a fwelve (12) month period, or fifty (50) percent or more of the total roof area in any fime period shall require compliance of the enfire roof of the single-family dwelling, the affected side of a two-family dwelling, or an entire multiple-family dwelling. b. All addifions affecfing roof area shall trigger compliance of the roof structure of a single-family dwelling, a side of a two-family dwelling, or the entire multiple-family dwelling, except for a one-time exemption of up to 500 square feet of GRFA, occurring after February 6, 2007, where any addition of roof area does not share a plane or ridge with fhe nonconforming roof, and may only share a valley. The addifional roof area shall conform to roofing regulations, and shall be deemed compafible by the Design Review Board. c. Two-family sfructures: Upon reroofing one side of a fwo-family dwelling, fhe other Ordinance No. 3, Series of 2008 2 Attachment C side may be required to reroof if fhe fwo sides have roof systems that share ridges or planes. Different materials on each side of the two-family dwelling may be permitfed by the Design Review Board if the materials are deemed compatible, integral to the archifectural style of the structure and share a valley or do not intersect. d. Developments with multiple structures: Upon reroofing a single structure that is part of a multi-structure project with conforming roof covering materials thaf do not match , existing materials, the conforming materials shall be deemed compatible with the existing nonconforming maferials by the Design Review Board. Upon reroofing of additional structures in fhe development, the materials shall mafch fhe approved conforming materials. Should the matching material no longer be manufactured, a different material may be permitted, should the materials be deemed compafible by the Design Review Board. Section 4. If any part, section, subsection, sentence, c(ause 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 shalf 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 un(ess expressly stated herein. Section 9. 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. 1NTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 5th day of February, 2008 and a public hearing for second reading of this Ordinance set for the 19th day of February, 2008, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 3, Series of 2008 3 MEMORANDUM January 29, 2008 To: Vail Town Council Stan Zemler Pam Brandmeyer Judy Camp From: Sally Lorton Re: December Sales Tax On the reverse side please find the latest sales tax worksheet. I estimate I'll collect another $57,000.00 in December sales tax to bring December collections to $2,822,595.00. If so, we will be up 6.93% or $182,869.00 from budget and up 1.85% or $51,337.00 from December 2006. The ski season so far, November - December, will be down.26% or $9,107.00. December 2007 1ift tax is $570,112.00, down 1.27% or $7,344.00 from December 2006. For the ski season, November - December, lift tax is dowri 11.7% or $78,922.00 Town of Vail Sales Tax Worksheet 112912008 ss cm"g. % cn.m. 2007 6udysr hwn hwn Month 1996 1997 1998 1999 2000 2001 3002 3003 2004 2005 7006 Budgot CO//BCflOAB Vkif~ 2006 Budget ~ : " . _ ; . ~T . s d_ ~ . x :s.: Januery 1,935,782 2,052,569 2,115,359 2,066,459 2,034,529 2,210,547 2,073,481 1,997,091 2,225,841 2,275,967 2,597,985 2,484,585 2,783,116 298,537 7.13% 72.02% February 1,993,389 2,089,673 2,153,121 2,021,486 2,223,670 2,366,321 2,281,833 2,117,163 2,362.825 2,429,377 2,527,130 2,416,869 2,718,453 301,584 7.57% 12.48% Mercfi 2,240,865 2,580,992 2,368,077 2,415,202 2,545,573 2,568,871 2,699,664 2,372,942 2;344,178 2,785,101 2,852,954 2,728,545 2,986,255 257,710 4.67% 9.44% April 966,993 874,427 1,707,334 952,843 926,771 1,043,431 870,875 871,468 992,157 915,554 1,280,324 1,224,558 1,330,574 106,016 3.92% 8.66% May 318,920 329,783 382,718 370,864 388,121 448,234 474,248 428,919 411,595 458,770 449,283 429,747 545,708 115;961 27.46% 26.98% June 594,907 630,366 633,400 692,811 721,774 751,439 657,707 742,755 732,113 834,913 805,362 770,187 953,727 183,540 18.42% 23.83% July 963,717 1,043,637 1,107,882 1,130,883 1,235,470 1,157,867 1,044,966 1,075,532 1,128,514 1,166,183 1,255,243 1,200,524 1,265,440 64,916 0.81% 5.41% August 990,650 1,073,430 1,183,926 1,050,004 1,038,516 1,124,275 1,084,318 1,029,446 994,445 993,985 1,055,614 1,009,670 1,162.405 152,735 70.12% 15.73% Saptem6et 630,453 637,831 735,608 806,600 817,313 747,766 713,574 679,208 757,033 795,807 832,549 796,263 908,016 111,753 9.06% 14.03% October 413,573 472,836 515,531 536,204 547,201 486,570 484,425 508,092 532,537 566,173 614,396 586,933 685,684 98,751 11.6096 76.82% November 607,208 707,166 656,596 582,260 691,445 571,783 642,293 591,269 623.646 713,117 799,582 762,393 739,138 (23,255) -7.56% -3.05% December 2,068,851 2,254,709 2,070,834 1,883,805 2,062,205 1,933,940 2,139,417 2,171,098 2,362,095 2,549,032 2,771,258 2,639,726 2,765,595 125,869 -0.20% 4.77% n , . . z n ` Total 13,719,308 14,747,419 15,030,38614,509,421 15,232,588 15,411,044 15,106,801 14,578,983 15,466,979 16,483,979 77,841,680 17,050,000 18,844,111 1,794,111 5.62% 10.52% ~ 1 MEMORANDUM TO: , Town Council , . . , FROM: Community Development Department - . , . . DATE: February 5, 2008 _ . , . . , , . . SUBJECT: Request to proceed through the developmentreview: process with a proposal to construct private improvements on, the Townof Vail owned Tracts C, G, H Vail Lionshead Filing 1 and East.,Lionshead Circle right-of- way, generally located between the Treetops, Lionshead Arcade and . . Lionshead Center properties. ; . . . Applicant: Lionshead Center Homeowner's Association, represented by Louis Bielcer of 4240 Architecture . , Planner: George Ruther/ Nicole Peterson . . , I.. SUMMARY._,, . . , , . . . . . . , , ~ . : . . , ' . - _ . . • The applicant, the Lionshead Center Homeowner's Association, represented by Louis, Bieker- of.4240 Architecture, is requesting permission; to, proceed through Ahe Town's development,review process with a proposal:to make improvements on,r;Town of Vail,,_:owned iTracts., C,. G;~, H Vail kLionshead, Filing ..1 and East Lionshead Circle-,~:right-of-way,- . generally located, between .the,;Treetops, Lionshead Arcade and Lionshead Center properties. The request for permission to proceed is in conjunction with a proposed redevelopment-,of the LionsHead Center located at Lot 5, Block 1 Vail Lionshead Filing 1(520 East Lionshead Circle). . „ , . , , , . k, ' , . . . . w As the property owner, the Town Council may approve, approve with conditions, or deny the, _Applicant's°, request for property ; owner.: authorization,-to proceed through.the Town's development reuiew process.:; Pursuant to_Section III of this memorandum; Staff recommends approval of this request. I1. DESCRIPTION OF REQUEST The applicant, the Lionshead Center Homeowner's Association, represented by Louis Bieker of 4240 Architecture, is requesting permission to proceed through the Town's development review process with a proposal to make improvements on Town of Vail owned Tracts C, G, H Vail Lionshead Filing 1 and East Lionshead Circle right-of-way, generally located between the Treetops, Lionshead Arcade and Lionshead Center properties.. Tracts C, G& H Vail Lionshead Filing 1 are Town of Vail owned property located within the Lionshead Mixed Use 1(LMU-1) Zoning District. Tract C is a public pedestrian sidewalk known as Lionshead Mall. Tracts G& H form a drainage easement that is partially open space and partially paved. The applicant is proposing improvements on Tracts C, G& H Vail Lionshead Filing 1 and East Lionshead Gircle right-of-way in conjunction witli the proposed redevelopment of Lionshead Center. This proposal will require the Applicant to obtain Town of Vail approval of the following applications: a Major Exterior Alteration; ' • Conditional Use Permits for conditional uses in the LMU-1 District; . • Subdivision; ° ' • ' : View Corridors and ' Design review The Applicant can not proceed with the submittal of these 'applications without first obtaining the Town Council's property owner authorization for the proposed deVelopmenf on Tracts C, G, H Vail Lionshead Filing 1 and East Lionshead Circle right-of-way. I11. STAFF RECOIVIMEMDATION Staff recommends the Vail Town Council, as the owner of Tracts C, G, H Vail ' Lionshead Filing 1 and East Lionshead Circle right-of-way,- approves the Applicant's request to proceed through the development review process. Please be advised that should the Town Council choose to approve this request, , 'such an approvaf would 'not constitute an ezpli'cit 'applroval of the proposed improvements. Any approval of this request will only grant the Applicant property . ' owner autliorization to proceed through the Town's development'review`~process. , . , . ; IV: ;`ATTACHMENTS A. Vicinity map B. Figure 5-6 East Lionshead Pedestrian . Portal from the Lionshead • • ~ Redevelopment Master Plan C. `Figure° =5-7 Lionshead Arcade, Vaif 2, Lifthouse Lbdge,' lion'spride and RedeVeloped Parking Deek fro'm" the Lionshead Redevelopment Master Plan _ : . . . . . . . , r~ . . , . , , , . , , , . , . . . , . , . , . . . . , . . . .f . i: 1r , i, t . . ' . . r . ` . , . .....5;. ` . . , . ' . . ' . i . . . . . . . • . ' . . j ' . . , , 1. . , . . . . . • t „ ~ i. ',ii . , I. ' . . 1 ' , , Y , ~l.. , ' . . . . : . " y . . . . , . . . . . ' , ; . k . . . . . . , " . . . ' . , . ' . ' . ,t' . . . " ' . , . . M~ %:S..s.~Y,'''~.- s r'S';'•. ' c.;, :ax::.:: 'r•_;~~T~.r.~; . ~ ~~5.,.. .i: ~ns° H~ead ; ,Li.o,'G~entet and acljacent~':T0wn af::Vaiil: owned=~~l~i~rir~~. . ; . . . . . d Y ~ , . . 5 y, o , k. . ads~enter :Lot~~;Bfc[i~;1Yail~Lion :eshadFilin 1:~520nEastLiorisl-i"ead;Ci~cie)tK r.. _ • -r;`.. :r >UbnsHe .a-.at,. r~s,..<. ..s:.;v,• ' a"~- ; ~;;..~.,...~.:z : ~ . ~ . •:Lions : eadiCirelesii - -«:~~:Torivn:ofVall~awned.lan'd:-T.racts€G~.G~aH:UaiI:~Vtlia :EJ,. !~Y".'.~ ^y`"~ .:1'`.~ Si'YE~.•.. ' ~':s:..1~,'E. ' ,r ; tl .ar' T au r ,n~T.";:e.` ~h '•-r r.< ~ :i~,.r ~ ~ "',j ~ ~ ;~~s. ,•r"s~,;, ~ ~:r _;'s f p ~',~y~`.i', : f~' ,'a K~ R ~~'q` ' ~py(p i ~¢Cj~',4~'~ ° P ~ ^:(,~~,~.~~s~t~;Ga~'•.~~~ ~ ~ ^~'"'t:1',F.~~` . . , . .-~,`r ~;x''z . ; ;w,. t:~ ~ ~S;^3 . Fk ' {?''T'.~ : ;,c~..~`9,~5~`.? `~;e:°~-6 ~ , ~ ~ . . • „A, . < ~'e<,tr1: ' ~i:k y _ ~4 ~'~~i ~ , . , i~'- y . ~ . • ~'y, , . E i t 'a 'A,~ bpi'~q• ~u...~. • !!?t, ~ z" . • ; ~ ,k.~;`n~,z,~ Y~' - ~ t• ~ ~ ~ ~ 1~ ~t,~ ~ ~ ~ j # { ~ 't • 1 S A x ~ , C . .~4~ , € 4 " . 0 . ~~~~II} ~ II ~ i F, •,m~ ' 3 x!~' °'3~ D . ~ r ~ ,s; , ' a'!~~~.A TRAGTS G &"H~ . . 'a~ ~i j~' .S„~`,~'.~f! c t ~ i`e .y. ' , K+, ..a c• . _ . ~X. °i v :~,~,•,;•a: .c~ y . r M• ~L`IunsHead Cer~ter" s'= ..~~~~,~`~-~~w~i`~x,"'~ s. +~•:2. sz~. . . . . . . ~ nirmea.orcRataer~xr,nortiman+myrao.,uuar~tem~n~w~e~.a.~e.ra6~*~a+r:< ~.LHStMadiflBd: ~ . .,•maunor.a.gs.na,~v~"nrr*,w+~eK`e~ican.paoim~rwoe~.ii x~rm~roki:~ ~^Tis'S+i.;,~~~~ . <..Q Attachment B CaAp`rvx5 17!ErAu.~ PLAxREcammi~AvoNs ~i~L.~?~1+~L~St~~t~`i3~:'1~3~' C}3~.'~ ~ ; . ~ . I.flNWARKfUCALPOW . . ~4. _ , h~ ~ 'o^ . k j ~ j ~ 8 ! i . k'.. "YAIL4.Y: ~ ~ . a < ~ ~ . , . . . . . „ ' n, . . . . , x . _ . . .r • ' • ~f ~.~`~Y' + " . ; F , . • . ~ ~ . - : : . . . • . . , • ' a . , s ~ . _ - , . . I . . '+~.rr~ ~ , . . , , . . ~ . . , . . ' ~ . h~~r' ! , ` , , ~ , . . . , , . . , ; . ~ rRANSTSTOP.t~A r9oM0??P3"Y , . ~ . MAIL,Dk""VCtAF~'W.4 VACF tW PAMINfxM'G'TffU , . y . : . , . , ~ . . : . ; . . . . . . ~ , . . ' ' ' . . na a+utI PC am 6 A MPofta. ~ . . ; ~ , . . . . , , . . • ' ' LIGN~H MD REfl~.'V`~[.ttlPMMT MAS'M[tP[;AIN 1'AG~ ~=13 Attachment C CKwre P, ~ ~~FALLED P~~~CONe~M'NI)nTt02 g~?~,t+t5t~ ~ ? y ? Y ~ ? * ~ ~ ~ 'l, ~•~R ~ . ~ . . ~ 41V S;fi~t . . . . . . ~,n~; f . " ?v'"`` . . • ' ~ • R[! .4. r • . ~ ~ ~ • ~ ~,R. 4 . * . ~ . . Y. ~ ur ? v . • ~ ' . T ~ . . ~ • . . : . . ~ . L > 4 ~ s:~" ` ~ y ~ . w . , , . ,°r""r ~ . •ewr~~Wr~Mar~~ * ~ • ~ ~ - .4,.•' . . ' ~ C~.~L~~ '~.s~4~SE~CEAt~ RE~_%tELOpi~fENT . MEMORANDUM TO: . Town Council , : . . FROM: Community Development Department DATE: February 5, 2008 . . . S' . ' . . . • ' , SUBJECT: Request to proceed through the development+ review. process with a proposal to construct private improvements on ,the Town of Vail owned Tracts C, G, H Vail Lionshead Filing 1 and East.Lionshead Circle right-of- way, generally located between the Treetops, Lionshead Arcade and Lionshead Center properties. . , . , . a: . , . . Applicant: Lionshead Center Homeowner's.Association, represented by Louis Bieker of 4240 Architecture . Planner: George Ruther/ Nicole Peterson 1. SUMMARY. , , , , . . . . ; . , . , . : ' . - . : . The applicant, the Lionshead Center Homeowner's Association, represented by Louis Bieker of:.4240 A,rchitecture, is requesting permission to. proceed through ; the Town's deveEopment:.review process with a proposal_ #o make improvements on,. Town of Vail,._,owned ;Tracts C, G, . H Vail , Lionshead Filing -1 and East Lionshead Circle ;;_right-of-way, generally :located: between the Treetops, Lionshead Arcade and Lionshead Center properties. The request for permission to proceed is in conjunction with a proposed redevelopment of the LionsHead Center located at Lot 5, Block 1 Vail Lionshead Filing 1(520 East Lionshead Circle). , As the property owner, the Town Council may approve, approve with conditions, or deny the, , Applicant's~~ request for property -owner - authorization: to proceed through the Town's, dev,elopment review process:.;- Pursuant to. Section I I I of this memorandum, Staff recommends approval of this request. II. DESCRIPTION OF REQUEST The applicant, the Lionshead Center Homeowner's Association, represented by Louis Bieker of 4240 Architecture, is requesting permission to proceed through the Town's development review process with a proposal to make improvements on Town of Vail owned Tracts C, G, H Vail Lionshead Filing 1 and East Lionshead Circle right-of-way, generatly located between the Treetops, Lionshead ArcadP and Lionshead Center properties. Tracts C, G& H Vail Lionshead Filing 1 are Town of Vail owned property located within the Lionshead Mixed Use 1(LMU-1) Zoning District. Tract C is a public pedestrian sidewalk known as Lionshead Mall. Tracts G& H form a drainage easement that is partially open space and partially paved. t~ The applicant is proposing improvements on Tracts C, G& H Vail Lionshead Filing 1 and East Lionshead Circle right-of-way in conjunction witfi the proposed redevelopment of Lionshead Center. This proposal will require the Applicant to obtain Town of Vail approval of the following applications: • • Major Exterior Alteration; • Conditional Use Permits for conditional uses in the LMU-1 District; • Subdivision; ' ' ' ' View Corridors and ~Design review The Applicant can not proceed with the submittal of these applications without first obtaining the Town Council's property owner authorization for the proposed development on Tracts C, G, H Vail Lionshead Filing 1 and East Lionshead Circle right-of-way. IIL STAFF RECOMMENDATION Staff recommends the Vail Town Council, as the owner of Tracts C, G, H Vail ` Lionshead Filing 1 and East Lionshead Circle right-of-way, ' approves the ApplicanYs request to proceed through the development review process. . , . . Please be advised that should the Town Council choose to approve this request, ' such an approval would 'not constitute an ezplicit approval of the proposed improvements. Any approval of this request will only grant the Applicant property owner autfiorization to proceed through the Town's development review process. . , . . ' . , . IV. 'ATTACHMENTS ' • ' I' , . . , . . . , . A. Vicinity map B. Figure 5-6 East Lionshead Pedestrian Portal from the Lionshead Redevelopment Maste'r Plan • ' C. ~ Figure` - 5=7 Lionshead .Arcade, Vail 2, Lifthouse Lodge, lionspride and Redeveloped Parking Deek from'the Lionshead Redevelopment Master Plan . { 1 . i . • . ' . . . . ' . . . . . . . . . . . . ' • . . . ' . . : ..7 . . , . . . . • ' ' : t- ( . . i / , ' ' . . , . . , . . . . . ' ` . 1 i a . . . ' . . ~ ' i 1 . , . ' . . . . . ' . . . . ' ' • . ' .t . . , ' . . . , . . . . 1 . ' , ~ ~sTvwri`:.ofJFUail:=ovan±ed land~ r ^ siHead:. .~~;rit~::r . . ~•i .c e •`ead-C r I x'Lionsh 's rt : -•ead~...il n `~~1>• - - 520~East , _ o , ' ock;'1`Vai1:L't:ansh F { { x~~•TownofVail:nvwied~land `TractsC,G;HU' iI,UtllagepFiling;l.and;East:Lion'sfjead,Gircle.right=af.=way ~ f411, kd4'1 ~w.3.:-'ch°Yta~J 5. L -~34~,~~~~~L` s^~.~ o"~ . i~ •0~`< ~ar'r,., ~t~TF ~ g . ~•~i ~ ~ 3.. ' t a , ,~SF Fr iwF~{ ie' , yT4 19:'rt g 5 3 »is ~9~i' D~„a~ ';.•p 3S .P 8 F.. ~ t ~f xe ~ g .a'..__ g " ;.t " qt ~`~~~~1't ''Y'•jM , Y * C) a xu';:~~~'"~::~~~. s _r' " Y~, k, ~4 ~ , ;~>p{ S 3 (p 'r=µc~ ~i D ; :i',,' , 1,,~~'` t,~,<• ':.e~-••:; TR~Cf~s,G & H<: ~ ' ~ ~•g ~"~i.,- ~ pu ; 5..; w:~'>'~-a • ? i~ ~i: ~e'~y'.~ °<u arisHeac!<..Cerner;; ~ f ,.emg ' j~ . , i 3 ~ % • ~ ~ . - , : . ~~S. ~ . . " numoa,+ercm,ranr.~Yv,.,,am~e~.cnom.a.~uwor~i.am~iu.e.rmrawroa««ir:.. - ~ ~LH3tModi~ - :~~mTnnmaae.,nav~q~avrromi.avanmrma+memww~xM,.: ; ' f/7ttPop~1V1AtlVIpxYM,U:MM411ftk)' r!S_A~./ ~ ) Attachment B ~tiAvrE:R 5 LG?l1.3Lm I'LA:lY ItEmej wVMTtVts ENWCSitf ~y~..Y~i:fri.Ti~ AY~. .}IV. . ~ . y~ ' , . • , ~ . . . . ~~~t ~'~~"~~w~t~~:p~~+~~. ~~1~~~~. . . ' , . . tAM~i~l~~~i'~.~ • y~ ~ _ . . ~ w~...~~.""'i'~'°~rn~ ` . . ~ ~•B /t~ `Q~~ ~ ~ ~9: • ~!lfw.. ~ ~ ; ~ ' ~ - " ,F ,i .?s w:F+iw.+•~ ~ ~ ` ? f ~ Fa ~yy!~ ~f 7ArtAZ . . ~'•.y, ~ ~ ° ~ ~"r ~ ~~`F ~ Vt7.fLr.21 S~ , , ~ x = ~ ~ , ~ ' a . .,.r..~.,...~. 1: , . - . ' 'f ~ ' a ~ rw~ ~vt,,,. ~ ~`~a«• ' x > . ~ . . > . < . . ~ k . ~ F Y'B • . . ~ , _F,• , ' • ~ , . ' • ' ' , ' MAM'STOP.UC~~Q'~~~~is~~ t~AMDEV44PUM`OlifAp WPAMIfis5Ttl~I~ r . ~ 4 ~ , . ' . . . ~ , , _ . . i~, . . . . ~ • . . . ' ' ' . • , ~ , . . , _ . ~ t~ . . , ~1~;,~~ ~ . 1 t ' . , . ~ . , ' ~ , Fz~~1'~ti~rt~~i~'~.~Gt'~~ , . , , ' . . . . Lio~~HEAD .L1FA)GvELVpmENT iYtl4ST-ER Pt:~# 1 AGES-i.3 Attachment C ~ . ~ CO y " ~ ~ ~ . 3 µc•, ~ o~ ° . ' A..h. ; ..~r p~ * e~" r+~ y~. ~?Y, i0.4,w~ . , . ~ ~ ~ _ . . ~ . • y~ ~ , . , ~ r ~ ; . . i~~''" "0~.. . ~3 • g . ' . . , ~°"p w ; ~f ~ ~y ~.r~+~"r,_.~«•"`1"~'r~""+~'~~ 4~~ x ~ ~ ~ 't ' p,~,,?, • , y * ~ ~ . ~ y.~ ~ . ~y,,.-.~r=~ ~,,,~;y µ.r~a . . xr;~'OW~ ~ ~ p~".T VE~,4 . . MEMORANDUM TO: Town Council FROM: Community Development Department DATE: February 5, 2008 SUBJECT: Request to proceed through the development review process with a proposal to construct private improvements on the Town of Vail owned part of Lot 1, Block 1, Vail Lionshead Filing 3, generalfy located adjacent to the northwest corner of the North Day Lot. ' Applicant: Vail Resorts Development Company, represented by Mauriello Planning Group Planner: George Ruther 1. SUMMARY The applicant, Vail Resorts Development. Company, represented by Mauriello Planning Group, is requesting permission to proceed through the Town's development review process with a proposal to make improvements on Town of Vail owned parcel of land, part of Lot 1, Block 1, Vail Lionshead Filing 3. The request for permission to proceed is in conjunction with a proposed redevelopment of the North Day Lot. As fhe pro`perty owner, the Town Council may approve, approve with conditions, or deny the Appiicant's request for property owner authorization to proceed through the Town's development review process. Pursuant to Section III of this memorandum, Staff recommends approval of this request. II. DESCRIP.TION OF REQUEST The applicant, Vail Resorts Development Company, represented by Mauriello Planning Group, is requesting permission to proceed through the Town's development review process with a proposal to make improvements on Town of Vail owned parcel of land, part of Lot 1; Block 1, Vail Lionshead Filing 3. The request for permission to proceed is in conjunction with a proposed redevelopment of the North Day Lot with a transportation center and employee housing. The town-owned part of Lot 1, Block 1, Vail Lionshead Filing 3 is located within the Lionshead Mixed Use 1(LMU-1) Zoning District. Currently this lot contains the pedestrian bridge south abutment and pedestrian walkways. , The applicant is proposing improvements on the town owned parcel of land adjacent to the North Day Lot to facilitate the inclusion of a transportation center on the site. The Lionshead Redevelop Master Plan identifies the transportation r' center on the site and possible improvements on the town owned parcel to facilitate the land use. The following applications are those applications that will be needed to facilitate the redevelopment of the North day Lot: • Major Exterior Alteration; • Subdivision; and • Design review The Applicant can not proceed with the submittal of these applications without first obtaining the Town Council's property owner authorization for the proposed development on the town owned parcel. III. STAFF RECOIVIMENDATION ' Staff recommends the Vail Town Council, as the owner of part of Lot 1, Block 1, Vail Lionshead Filing 3, generally located adjacent to the northwest corner of the North Day Lot., approves the Applicanf's request to proceed through the development review process. Please be advised that should the Town Council choose to approve this request, such an approval would not constitute an explicit approval of the proposed improvements. Any approval of this request will only grant the Applicant property owner authorization to proceed through the Town's development review process. IV. ATTACHfV1EN1'S A.. Vicinity map r Attachment A ;Vail Lianshead-Fili~g B~Block 1 F ; ~ ~ • z - . ~ .5? a ~ „ . . , , . . _ , . ~ . . » ~ . ~ . . . , . , ~ _ . . . ~ - _ ~ h l ? • } y~~ ~ ~n:. . • ' North~Day,Lot : _ ~ , , . ~ • ~ k ,t fi~ • t , t ,u~G~.: ~ ' . . mamro.ecrnaeaexnemnorwioo-.. u:mnMM awaneuoe:~awoaee+a~r. LastModified: Januery 312008 . . . . mmn,onnaesndwraN ft em.eo'w~ehumw,cv,te~roan ~ P~msisn~vasii~e.cn~~caa~lmaq ]:iC?A1i ' MEMORANDUM TO: Town Council FROM: Community Development DATE: February 5, 2008 SUBJECT: Deed Restricted Employee Housing Annual Enforcement This is for information only and is not an agenda item at the Town Council meeting. As of January 29, 2008, the Town of Vail Community Development Department has sent out 294 letters, representing 655 employee housing units, requesting annual verification of employee housing deed restriction compliance. Of the 294 requests for annual verification that have been sent 35 of those, by terms outlined in their deed restrictions, do not require any response by the employee housing unit owner nor do they require occupancy of the deed restriction by an employee. These deed restrictions were executed prior to December 31, 1992. The remaining 259 owners are required to provide annual verification of the use of their employee -housing unit prior to February 15. Owners who fail to respond by February 15 are sent a reminder notice with another copy of the annual verification form. They are then given until March 15 to submit their annual verification form. Owners who are required to respond and do not respond by March 15 are then sent a certified letter notifying them of their failure to comply with the annual verification requirement of their deed restriction. Failure to submit the required annual verification after the certified letter has been sent are then issued summons to appear in Town of Vail Municipal Court. f8' F r} Y' i O O Pa~ 7~ . A,,ND T~ :aN . ARI<- ~`ND p V AIL .LEA~~ ~"^tr., b a~~~ / . ~ ¢a q.. k ~''i s. Y Xx« . . ` ~ T. a~ F • 00041'79.DC TOWN OF VAIL AND VAIL PARK AND RECREATION I)ISTRICT MASTEit FACILITIES LEASE THIS TOWN OF VAIL AND VAIL PARK AND RECREATION DISTRICT MASTER FACILITIES LEASE ("Lease") is made and entered into.,,this day of" Janu ~...:..<...v. ary, 2008, by and between the TOWN OF VAIL, COLOR~DO, a Colorado municipal corporation, hereinafter referred to as the «Town.,~,~iq~,}~i-the VAIL PARK AND I~ECREATION DISTRICT, a quasi-municipal corporat~y~anc~pq~i#ical subdivision of the.State of Colorado, hereinafter referred to as the "I~tnR t". Th~~wn and the District are sometimes referred to herein singularly as a"Party"~a~d~collectavel~ the "Parties". . WHEREAS, it is the desire of both Parties~,,O coopei~ te in the provis recreation programs and services to the inhabitantis"`:, g~=of the Town a'~~the Leased Premises (defined below); and WHEREAS, the District has b~~'providing such s~F` ces under lease agreements, including without limitation the Town iiiV`1~nc~, Vail Park a~•ecreation District Lease dated December 21, 1993 related t~t~~.the Dol~`~~.. ce Are.rra and other facilities referenced therein (the "Prior Lease"); and , ~ 4~ ' WHEREAS, it~i~ the of both Pa~ies for the District to continue to provide , these services; and~~'~` ~IiT 5, WHER S the ("Golf C Pr~p~t,ea's~ ply to the Vail Municipal Golf Course Vail asticser and the Parties do not intend for this Lease pply to suc~~~ , 3~lities; t:~#her,a new lease applicable to the Golf Course is being uted simultari~~sly here~ith and the lease applicable to the Gymnastics Center sh~~ ;Xemain unad by.r~is Lease; and ~S~tl , WHEIin conri : tion with identified major facilities repair and maintenance projects necessary oabe c p~iducted currently and into the foreseeable future as well as possible.major renov `apons or reconfigurations of Town facilities, the Parties desire to modify and supersedAthe Prior Lease and memoriaIize their intended relationship with respect to the their rights and obligations in various Town facilities for the term of this Lease; and WHEREAS, the Town and the District are authorized by the Constitution and Statutes of the State of Colorado, including Section 29-1-203, C.R.S., to enter into intergovernmental agreements to govern the provision of such services to the inhabitants and visitors of the Town; and {00069179.DOC ' NOW THEREFORE, in consideration of the mutual promises contained herein, the adequacy of which is hereby admitted, the Parties hereto agree as follows: 1. PURPOSE. It is the general purpose of this Lease for the District to continue in the occupancy of the Leased Premises and the management and provision of recreational services for the inhabitants and visitors of the Town. This Lease sha11 supersede the Prior Lease and any other agreement to which the Town and the Distrip 1ge Parties with respect to the Leased Premises, and such Prior Lease and agre, vients are hereby agreed to be of no further force or effect with respect to the Town,, ~ieVistrict and the Leased Premises. ~ 2. SERVICES TO BE PROVIDED BY T~~DISTRI The District shall provide recreatipn_ rograrrsand services ateeased Premises. Such services and programs shall ~e o~~gh qand shall be Qf sufficient : , . diversity and scope to meet the recreational needs o~ abitants of the Town and the visitors thereto. • 3. LEASE OF PREMISES.`5 The Town hereby leases to t;,e Dic~~~d~#he~D trict leases from the Town the real estate assc~c~;Ked~with, and at~~~1 rovemen,located on, in, or under, the facilities set forth belo~ (the sed Premis+~sk~ ~ . ~ (a) J~ , ~obsdi'Ice Arena an ~virons ("Dobson"); ~.~Nature ter an` .v~rons; W~~~~ . (c) Up~Benc Park; d) PubL~~'ennisCourts; ~ ~ Athlet;~c Fields; : ~iath and Teen Center; ;r (g) Red Sandstone Athletic Field; and (h) Donovan Athletic Fields. This Lease does not apply to the Golf Course or the Vail Gymnastics Center, which facilities are the subject of separate leases. {00069179.DOC 2 ' 4. TERMS AND CONDITIONS. The District's use of the Leased Premises is subject to the following terms and conditions: (a) Use of Premises. The. Leased Premises shall be primarily used for recreation programs and services except as otherwise provided for herein. (b) Utilities. The District shall pay all charges for gas, electricity, light, lieat, power, telephone, video, internet or other communications services used, rendered, or supplied upon or in connection with said Leased Premises, with~~e exception of the Youth and Teen Center, and shall to the extent permitted by la ,i'ndei'nnify the Town against any liability or damages on account of such charges:'~~ : . • <t.:• r;.ts;~r:~ (c) Access to the Premises. The Tow aO its ag~. shall have the right to enter in or on the Leased Premises to examine the1% make and p`~eir~,rm such alterations, improvements, repairs, or additions t the Town may deeessary or r~. j,~,~ , • desirable for the safety, improvement, or pres~~ahon of tHetLeased Premises~~~' (d) Changes to the Leased Premises (i) Neither POft hall change anrtion of the Leased Premises for which the other Party is responsible~`alntenance, repj. .or'replacement without ttne Prior written aPProval of such Party, "whic~i' ~app .al maY inlude conditions. m (ii),r r Irthe writing a~' u afizing s~~change is silent as to the : • ~ ongoing responsibilitigsorhanged fac.tlity or other improvement, then the Party • • who was previous~yF ~a~~:ponsibl~~:€"or such facili~ o~r, other improvement shall continue to be responsible for ongciiri ,.maizitenance, repairi;or replacement of the same. In the event ~ such writing ~~,,~i,~ent and re~kulin~e new facility or improvement the maintena „ rof ~s noty~s~een previous~y addressed hereunder, ongoing mainte ce, repair'ahd°=~ lac';~nt responsibilities shall fall to the Party making such char~g0k, r.'..~~ (iii) ~~11 such work shall be performed in a good and workmanlike manner and a=~w facilitior other improvements affixed to the Leased Premises shall, upon terminatior~~qf4this Iyease, unless otherwise agreed at the time the Town's written •t 'a.7s .~.Y.; approval is obtained'less the Town requests removal thereof, become the property of the Town. (e) Maintenance Repairs, and Replacement. (i) The Parties generally intend that the Town shall be obligated to ensure (i) that all mechanical systems, structural members and systems, and exterior finish items (e.g., painting, roofing, windows, etc) are maintained in good working order and in a first class and safe condition and (ii) that such items are properly repaired when broken or damaged and replaced when they reach the end of their useful life. The Parties 100069179.DOC . 3 also generally intend that the District shall be obligated to ensure (i) that all interior finishes (painting, drywall, flooring, etc.) are maintained in good working order and in a first class and safe condntion and (ii) that such items are properly repaired when broken or damaged and replaced when they reach the end of their useful life. The remaining provisions of this Section 4.(e) have been agreed to in the context of this general understanding; however, any conflict between the general allocation of responsibilities set forth in this Section 4.(e)(i) aad any other specific provision of this Lease, including without limitation the Master List (define.d below) in Exhibit A as amended from time-to-time, shall be resolved in favor of s e~4pecific provisions. (ii) The Parties shall be responsible,fo aintaining, repairing, •r'= and repiacing the facilities and improvements listed in a master~is~attached hereto as Exhibit A and incorporated herein by reference ("Mas rI:ist"wh~cl~;Master List may be modifed or amended from time-to-time by ackr~owl~gment of the,e,, 's Town Manager and the District's Executive Director.,~ ~here a Party is designafe~ :as , responsible for maintenance, repair, or replace~merit.of a pai~cular facility improvement, such Party shall perform the same atn~;solftost-and expense` as and when needed to preserve it in good working order and first cA&s. condition. (iii) The Distri~s l~.on an annua~.~sis hire an outside , yualifed company to inspect and provic~kyro,,,,maintenance~t~n the HVAC systems to ensure ProPer working condition. A coPY± rof an ''v ~c~n=or other documentation showin ~ g the work performed shall,)forwarded to t~ie,To n Di`r~~i~r of Public Works. r! ^ . < ,Ne~. ~~r Party sha'tl':;be responsible for the repair or w,;:, replacement of any 661litjes or~provements damaged by the negligent or willful acts or omissions (including witl~iot~t li~;on negligent maintenance) of the other Party or its t. 4 guests, age~ ~ loyees, Tic~nsees, or es. I-V ~ ~ ~<<s x1st On or c~fe June 1 S` of every year, 'each Party shall submit to t the ot~~t,Party for its rev~~~ and co`~iment an assessment of each of the facilities and Sr:a~~t~ ~s improvemen~s;for which i~~~rresponsible under this Lease (a "Capital Facilities Assessment"' ~ , ~h year the CFA shall include an evaluation of the adequacy of maintenance w~h has been performed and at least a five year forecast of expected 47, maintenance, repair.;~~nreplacement items and an estimate of expenditures necessary to accomplish the same;~~insistent with the terms of this Lease. The Parties may prepare a joint CFA if they desire. The first CFA is contained within the same spread sheet as the Master List attached as Exhibit A hereto and incorporated herein by reference. Future CFAs do not have to be part of the Master List spreadsheet, it being the intention of the Parties that the CFA will be revisited and revised on an annual basis while the 1Vlaster List will not change. (vi) Each Party shall keep an annual log setting forth actual expenditures made for maintenance, repairs, and replacements required hereunder. Each {00069179.DOC 4 . Party shall forward a copy of such log to the other Party on or before April l S` of the following year. (o Recreation Projects Line Items. Within sixty days of execution of this Lease, each Party shall create by resolution or other means acceptable to the other Parly separate budget line items known as "Recreation Projects Line Items" or "RPLI". Subject to annual appropriation, each Party is obligated on an annual basis to appropriate to its respective RPLI the minimum amount of funds necessary to make the expenditures for the subsequent one-year period forecast in the five-year Capi.t~la~'acilities Assessment. While the Parties are only required to fund one year in advanGg;~'the Parties are encouraged to use the RPLI to set aside funds for expenditu~eso~eseeable several years into the future. Once funds are appropriated to the RPLI£ ~Iiey rn0`o.nly be expended on t:; maintenance, repairs, or replacement items required to;~e inade hef~aer or on ~ . acquisition of new facilities or improvements for eased Premises:'wever, for purposes of this Lease, funds appropriated to t$~.~~PLI do not have to be°r~`'~ve~i for or traced to the item in the Capital Facilities Assesnt to w~ch they are relate~`(e.g., `ti~,,. funds identified in the RPLI in 2009 for replacemenaf.ya,ce`rtain roof in 20R are not restricted to funding replacement of such roof). Any not expended in a particular year shall be re-appropriated consistft with the CFA; prct~~+~ed, however, that such remaining funds shall not offset or reduce ~ds required to %fap~ropriated to the RPLI in the subsequent year. If a Party desires~to exp~~d ~unds witIiiri`'its RPLI on any item other than maintenance, repairs, or replacenent.-i#ems` d to be made hereunder or M ~e on acquisition of new facJ40es or improverr~;eai~ for the ` VeAased Premises, the written a roval of the other a' "pp s~~ncil or Board, as the case may be, shall act as a waiver of any claim such~P'~ , ~nay have~ with regard ~fo such expenditure. It is the intent of the Parties that no other peftiin shal;~;h~`ve a claim fc~r'''any alleged breach of this Recreation Projects Line;Items Sectio~~ n'`aneach Party shall provide the other Party with a detaileq'~desd}~iptaon oa roriatrons to and ex enditures froin its RPLI. U on . k,PP P p p the expar-ation or earli~~r t~rmina#io of this Lease, any funds remaining in a Party's Recr6~i',n Projects Lineltems ma"b'e'spent in any lawful manner, for any purpose, and othera ~ without a`~9bligation to t~i. ~'arty. ~ krDamaggto or Disrepair of Premises. If any of the facilities constituting parte Le~sed Premises fall into disrepair or are damaged by any cause or for any reason so'iuch facility may not be used for the purpose for which it was ,.;w. intended or may not :tie operated consistent with the standards and image the District or the Town wishes to project, either Party may give written notice to the other Party generally describing the damage or disrepair and proposing a solution or process to reach a solution. If the Parties are not able to reach an agreement to address such concerns within sixty days of such notice, then either Party may elect one or more of the following options, as applicable: {00069179.DOC • 5 (i) Continue to operate such facility unless such operation would be in violation of any particular building or health code or any other law; (ii) Appropriate funds and make such repairs and replacemenfs on its own even if responsibility therefore lies with the other Party; " (iii) Terminate this Lease with respect to the particular facility at issue upon 30 days written notice to the other Party, with this Lease to remain in full force and effect with regard to the other Leased Premises; providedihowever, that a rc~ F.Sa. termination pursuant to this provision may not be exercised b.;:,the Town if the facility at issue is subject to a sub-lease, license, financing covenant, ,oT*`r encumbrance; ~s (iv) Discontinue operating such, parlicular f~4ty (i.e., let it "go dark"), with such facility continuing to be subject tGqIJhis«Lease. (h) Surrender of Premises. UpQrthe expiration or other tcirffiiriation of this Lease, the District shall promptly quit and suti`eiider tail }ierTown the Le~sed Premises in good order and first class condition, ordi~ .~=wear excepted. ~ (i) District Propert yWd items of propeirt~ purchased by the District , . ~ and not affixed to the Leased Premises, s~all;~re~nain the pro:. pei~;gf the District. '~~:,'r,.a 5. CONTROL OF THE JOHN-DOBS`O~N '.:E:ARENA. ..DN~ (a) Deec~or ~i~. The Distnct understahds that Dobson is a multi-use - ;Y:~. facility utilized for,lio~recreahon and other p~lrposes by the Town, and further understand the Towri d~%es that`the provisions~of a Deed of Gift between the Town and ~-r Elizabeth M. Webster, ir.i ~~p~~w s.,~ this Lease as Exhibit B, be r „ garhed to .complied ~~~'s i~fong as Towri`c~e~et~mines its provisions to be applicable. The Distr ict-agees that i~~yill not~~,art from the provisions of said Deed of Gift without the consthe Town. 4 5. ..........Obliga~ion to~se Arena. The District agrees to use its best efforts to maximize thex, e of Dobs~on for conventions, meetings, conferences, concerts, and '<:e.w..:x Y other income pro~cing or='crowd-drawing events during the period it is not using the facility for ice skafing; (c) !Jse By Town. During the term of this Lease, the Town shall have the right to use Dobson for a total of thirty (30) days during each year of the term hereof for whatever purposes it deems appropriate upon the giving of thirty (30) days written notice of such use to the District. The Town may exercise twenty (20) of said days between March 15 and December 14, and ten (10) of said days between December 15 and March 14. The Town shall be responsible and shall have the right to negotiate all terms and conditions of any activity or event the Town wishes to use the arena for during said thirty (30) days. The District shall be entitled to receive the gross receipts or rent {00069179.DOC /j 6 produced by any such event less all expenses and costs thereof. The Town further agrees to pay all associated hard costs during these thirty (30) days to include, but not limited to labor costs and utility costs. Notwithstanding the preceding, the Town shall not be entitled to exercise its rights hereunder, even upon thirty (30) days written notice, if the District has entered into an agreement with another Party for the use, maintenance, or repairs of Dobson. 6. RENT. Rent for the Leased Premises shall be $1.00 per year, the payment of which for the entire term hereof the Parties acknowledge has~O~.eie."n~paid and received in advance. . 7. PASSES. As a beneft for its employees, the~`Distri .sha11 provide the . . Town with as many season golf, tennis, Nordic, and skating passes;,"`the Town requests. Such passes shall be non-transferable. Use of the Lease_ac; Premises pursuant to such passes shall be subject to all District policies, rulesand regulations. 4~F .~..yn.;• ' Y F.: 8. PARKING. The Town will provide fi~v~.lve ;~~1-2 ~,parking spac~s for District employees at the Ford Park Parking lot at no cost. Fu'i%e-r, the Town will provide to the District as many parking passes and co~< u,~ons for the Li '='Head Parking Structure as the ~ r. District requires to utilize for its emplo~e#~~;:y These passes.;~may..,.not be re-sold by the District. ~ z 9. PERSONNEL. The Town and th~"~District'and'their respective officers, agents, and employees sha11Auli~ cooperate ta as to facilifate the perfonnance of this Lease. The provision,;of recreati0nal services`~and programs as.contemplated in this Lease, and the 111.ing, anc~~discipline of ~D~~trict employees shall be the responsibility of the Disfi~'tct NQ~ppzsg~ emPlo ~~ed bY the District shall have anY ribht to ~3' Town beneftSq .,I ding he0171, msuahceand'iension. The District, however, may invest pension fin ~h~`~qr~vn's Oeiision fund subject to such conditions as may be establ11P, d by the To V,'nd pei~riintte¢<by law. The Town shall not be liable for the payrriany sa laries, ~es, ori~ther compensation to any District personnel performing~',ecreation servi~s pursuant to this Agreement, nor for any obligation of the District othe? 10 provided;w~or herein. Nothing herein shall obligate the Town to be ; liable for the inJi# ~?~or sickness of any District employee arising out of his/her employment. ~9._>~ x 10. L1ABI~.ITY, INDEMNIFICATION AND INSURANCE. (a) Disfrict Indemnification. To the extent legally pennissible and without waiving any of the protections, requirements, and limitations of the Colorado Governmental Immunity Act, the District shall indemnify and hold the Town, its agents, servants and employees harmless from and against any and all liability, loss, damages, costs and expenses, including reasonable attorney's fees and costs of investigating any such matters, suffered or sustained by the District, its agents, servants or employees, or {00069179. DOC 7 by any other person rightfully on or about the Leased Premises arising out of any act, error, omission or negligence in the operation, maintenance or use of the Leased Premises by the District, its agents, servants or employees or of any occupant, subtenant, visitor or user of any portion of the Leased Premises, or any condition of the Leased Premises or adjacent property; provided that this indemnity shall not extend to damages resulting solely from the negligence or willful misconduct of the Town, its agents, servants or employees. (b) Town Indemnification. To the extent legally,,~~nissible and a.. without waving any of the protections, requirements, and lim}ti~ions of the Colorado Governmental Immunity Act, the Town shall indemnify and`1i~i~~i,the District hannless from and against any and all liability, loss, damages, cost~and ekji~nses, including . reasonable attorney's fees arising from the negligenceMp Town;,Ji~pfficers, agents, S' rr employees, successors and assigns. .(c) Insurance. The District atid . Town ~all respectivel~rl ovide their own public liability, property damage, and errol~an~~,b~iissions insurance policies sufficient to ensure against all liability, claims, and dditfauds or any other potential liability arising from this Agreement:~~.urther, the Distr~~~nd the Town shall, subject to the approval of each Party s insurance ~~;~~Wg, name the othgerfarty as a coinsured under '1£tiefM ,:~y „%:5., 1X such insurance policies and shaIl furnish~; vi~de~c~.,+~f the same;~o'the other Party. In the case of any claims-made policy, the nece "Sary rep4 yge ,daxE~nand extended reporting rg~ " ~'y' periods shall be procurec~4to~zmaintain such ~uous tiTTErage. The District and the Town may provide su~,,;~ ~ ,.e through pi'qgrams of-self insurance. Each Party shall procure and continumain , `i~p the followiii.g minimum insurance coverages, or self _t... insurance capability: ~ kman s~t~~~ensation insurance coverage in the ....~n.~.~r' , : statutor~~~t~,prN~v rescrib r~ unt ~ K~^Y Fs . , he fol4~ ing types of insurance coverage in the amount of It, one hundrto y thousan llars ($150,000) per person and six hundred thousand Q~ dolla rs 0per occ nce, or such limits as otherwise provided by the Colorado Governmental Y' r~pity and one miIlion dollars ($1,000,000) aggregate: (1) General Liability insurance coverage. The policy shall be applicable to all Leased Premises and operations and shall include coverage for bodily injury, broad form properiy damage, personal injury, blanket contractual, products and completed operations. ' . (2) Comprehensive Automobile Liability insurance ~ coverage with respect to each of the Parties' owned, hired or non-owned vehicles used in the performance of this Agreement. 100069179.DOC 8 (3) Errors and Omissions insurance coverage. (4) Liquor Liability insurance coverage if the District obtains a liquor license to serve wine, beer, or intoxicating liquors. 11. EFFECTIVE DATE. This Lease shall become effective on the date set forth at the beginning of this document. .m... ±44 ix r 12. TERMINATION. ~ (a) Unless sooner terminated as providet~~rfor her ~this Lease shall terminate at noon on November 1, 2057. (b) Upon expiration or earlier~t6ftminatiooof this Lease,-'trict's right to use the Leased Preinises and all imprdv~ents ther~on shall cease a~ provided for herein. .x;yr (c) Failure of either FXty hereto to maiOthe insurance policies or coverages required hereunder, or to pa"r~~xent provided fo~..~h5~rein within fifteen (15) days of its due date or failure to perform er49bligation U-f~his Lease within thirty (30) days after written notice of default, s~all co~ts~~a~m~terial breach of this Lease, upon which the non-breaQkung, Party may imrr~;~diately ate this Lease; provided, . however, that if such l~~e ~ ach ii not capable of~~eing curec~ within such 30 day period using its best effo%; n the L~e shall not ~e terminated so long as the Party in breach is using its best efforts to~ ure sh breach. ,~°'g k', . 13 p ~NTISC LLA O~US PR(~'V~' ~NS. '3~ a.. .n g x J~~ ~~x~ , (a) .~me,~dmenndifications and Waivers. No amendment, „ modific~;~or waiver o~-~ny cov' ~ nt, condition, or provision hereunder shall be valid unless ing~g and dulycuted by the Party to be charged therewith. Entire~greement. This written Lease embodies the whole ..w. Paities hereto and any inducements, promises, terms, agreement between;(he .r,M. representations, condi~ions, or obligations made or entered into either by the Town or the • District not containecl herein are void and of no force or effect. (c) Binding Ag,reement. This Lease shall be binding upon the respective Parties, their successors or assigns. (d) Severabilitv. All promises and coyenants herein are severable, and in the event that any of them shall be held invalid by a court of competent jurisdiction, 100069179.DOC 9 , this Lease shall be interpreted as if such invalid provision or covenant were not contained herein. (e) Authority to Enter. The District and the Town have represented to each other that each possesses the legal ability to enter into this Lease. In the event that a court of competent jurisdiction determines that either of the Parties did not possess the legal ability to enter into this Lease, this Lease shall be voidable by the other Party. ( fl Notice. Any notices to be sent to the Parties Otarsuant to the terms of this Lease shall be considered made the day it is mailed via cexpfed or registered mail to the following addresses: ~ Town Manager - Town of Vail <z~..75 South Frontage Road Vail, CO 81658 ~ Executive Director Vail Park and Recreation District` 11~ w 700 South Front e ad East ` Vail, CO 81657 ~A~~~~~ ~a`~~ ~r': (g) No Third Party Rights~~ T~u~s Lea9~sl not be deemed to confer or grant to any third Part*AfiitY rtgtit to claim datnages or bring any legal action or claim against either the Di Act or own because of any breach hereof or any covenant, condition, or provf o'~s~"`; ntame` :~erein. `X~ ~;{rr ~~~1 ~ S eci~ ; nforc~i ~:~n addition to any other remedies available to ~ 5 the Parti t~ty upo~keach, this Lease shall be subject to specific enforc,. i) Assi~ ent; Sublease. This Lease shall be non-assignable and the District sha mortgageIsent ypothecate, or encumber any of the facilities set forth herein without the prio~j~vritten of the Town in each instance. However, the following :V actions shall not reqwe~e Town,s prior consent: assignment of the Leased Premises to a District-controlted~'V'- erprise; and, sublease of the Leased Premises for purposes which further the District's°provision of park and recreation services to the public, which purposes include without lflmitation concession services, food services, performances, sleigh rides, and other amenities. (j) Obligations Subject to Annual Appropriation. The Obligations of the Town and the Obligations of the District hereunder are subject to the annual appropriation of funds necessary for the performance of such obligations by the Town's Town Council and the District's Board of Directors, respectively, which appropriations 100064179.DOC 10 shall be made in the sole discretion of such bodies. If one Party is unable to perform its obligations under this Lease in the manner as set forth herein, then the other Party shall have the right to terminate the Lease, and both Parties shall have no further obligations of . any kind or nature, except those that specifically survive tennination. (k) Section Headings. The section headings in this Lease are inserted for convenience and are not intended to indicate completely or accurately the contenfs of the Sections they introduce, and shall have no bearing on the construction of the Sections they introduce. a (1) Time of the Essence. All the time limrts~Ft~d requirements stated in ~ this Lease are of the essence of this Lease. I; t (m) Duplicate Original. This Lease inaYJbe execute`d ~ two or more counterparts, each of which shall be an original, but all of which together1*<<.11 constitute one and the same instrument. N fr' fi(n) Compliance with All Laws and~e~u~lations. The District agrees not to ase or permit the Leased Premises ;to be used for any'° ose or in any fashion prohibited by the Iaws of the United StAfes,or the State of O-Worado, or the ordinances or regulations of the Town. ' ~ (o) Additional Assuranc ~e`~ Th~`~arhe'tasree to reasonably cooperate to execute any additional d p'ents and to ta k*any addrt iqrial action as may be reasonably necessary to carry out ~he purposes of this Agreement. ' „y . ~W~ ~ 01 Iri W-a;~~~i~ ~ M • ~Trr {OOt169179.DOC 1} 1 1 IN WITNESS WHEREOF, tlie Town and the District have executed this Lease as of the date first set forth above. TOWN OF VAIL, a Colorado municipal corporation By: Attest: Secreta ry . VAIL ~?ARK ANP RECREATI'~ DISTRIGT" q Y=~nunicipal coration and ~ political su~ion of the State of Colorado `+Sr s'. o' ' .g> Attest: ro`' r y ;!r:: n~a Secretary '~~,d y ~~„q,~c ~ ~~'2 -e,;'~%,~•~ . ~ STATE,,iOF COLORI~D ss COUN~T~?~~= . ~ ~ y .•yr> ~ a The fo ggQ~ng instrLU~ient was subscribed and sworn to before me this day of , ,:by as of the Town of Vail Park, a Coloifad municipal corporation. - Witness my hand and official seal. My commission expires: Notary Public {00069179. DOC 12 STATE OF COLORADO ) ) ss. ` COUIVTY OF ) The foregoing instrument was subscribed and sworn to before me this• day of , 20 , by as of Vail Fark and Recreation District, a quasi-municipal corporation and political subdivision of the State of Colorado. ay; Witness my hand and official seal. My commission expires: ~ z.z.. ;.'~iar~ •,„ryyf :.~Tdta~y Public~;~ S ~ .~yeA}, '~,v'S•~ 4 r~?r~`r;;~~ ~!s k fi~.~6~•'~,,~g . 6y. . S ~ • ~ ~ y4£ , Y{ ~ ~ {00069179.DOC 13 EXHIBIT A MAINTENANCE RESPONSIBILITIES MASTER LIST AND INITIAL CAPITAL FACILITIES ASSESSMENT - (Attached - 3 Pages) Attachment Acknowledged By: ~ Town of Vail Park~~~id~.~Zecreation D~strict ~ ~~•3~~"~ ~~~5~";' ~~~~~~~+~7;,~5' k Town Manager N.~utive Dixetor v Date: ~Date: . 1.0 ~ i aid • ?St< ~g%~+e ~{OOOb9179.DOC VRDITOV . COMBINED MASTER LIST AND INITIAL rnaiTei Feru iziFS qSeeeery;E.;T LoeeUm TownHm elbltl VRDRes iMll Dacriptl on 2007 7008 YODi 2070 tOH 2012 TaMThru20f4 TQp~F01d "P on 'w crt9. iVN k~ J~ v~ z4~? ~l. M••:•~,~. Cq~ 1; i TMNsIFO(dPGtk RCpAtA~IX3WduelliSUES Sf~d`T ~ ~d 1'~'-~•~;'i'3 i rr vr 'wn'x"o-x yak~,`q~` ~t 'G.'a ~l 3.61.Q,.e~z x~4„ X~~8,5/0p A2Ldu6hOt19! SVuMirt VIlDR~pOta~N f 000 c , ~~i r7~,c-,'~gD'~~5.~!€'~"'sa'~io, ~,kra "3 ,r ar "y'~,y«rr xw sd . , . ~ S~' ~c ~ ' ~ ,3 , y` ~~rfi ~e+`~ ~~NdS~fOR~,Pq~P~~ ,u, "~ixs "~1"..~u ,...~y r ' a k ~ ~~src.~Ej' ;rt ~ '1r"~".,~i'~2 r~ • ~ w~~k ti ; :!feiu~IF'ad~c~ w ~ j~ x„ ~~r+,3^r .g < ?1"pne~~ . . , : ~ ~ +So x~ w'~~" ~ ~s ~es~t ss~ ~ f a d ~ r~ ~~a .ogia F E TennwFanlPaM rAilPainloei~andFltchiny A80Cd&qR ~r~,.r~~ ~ ''~4s'~t'°~ ~t9 8;112~4i ~+,?v6d~ro,~~`"' ~~~~Y~tx 7anMSIFoM ~Pt~*,( None RO ndm~ wearindtear A9tII~hcLseFlauWq 'il, 5 ~`~Ak~~~i~~ SennbfFaOP~AC ~y~ ~Jo~bY,~~,«.aiAY~[Odrlt890Cl5~~~eP,'~I~~~,~.'"~k ~ a~~~'~ . . A77'.i ~ fiMI1~Of11~IdE~ '~r ~ : ~ ~4'~' r.,~,~q~.. l'~ ; ~0~r i • , , ~~#~~X t ~ r am, :r ~ ~ 'fi~k r FOrd tlF`~'~ k,~ ~~~9~ r ~•""'a~~~~ ~ •~'y2~01 ~~~Te/~I51Perk. pwtNl ~..''"S 176`i .Y~ r~a~ , ~m c.. ~ $f18~~. ~~l:..::. rs .g++.~ :eY, A~y1~7:ASOhalt r4RDResOdMbdll,l;~, r; . 4050 492t ~ 8,97T,. t-IM M d M~ ~y 4~~1!"'.~~~~~~~ a e,: G, „s .c.c..~., r Ya .,n'~~"~ .,,;s , , . ~ a 4„ x fiennhrtor6~Pmk3'a~" '~A!' r r r $rtlQf~i~ as4 e~: °'r,~~ a ~+G`~ 9*~YE ~ .x-~i„ ch6Ya3 a r~ . ,r„ i.,.Q306:s~~ ~aE'xc'~ a, 'S~ ,x* ~ ; , ' Fc~~ @ u~~MpMd~ a ~S s • ~ MC^ av~l~'Pale „ `~,~X.'. ~,`,06~0~ r a : : ~rr i f $„~~ah~~~ A d' `@w~`~„° ^e u,~"! %xa°i 7aUNi~td~~s~' yf~:lldiki t'-h"~~,.~f..rd,, iS,;~ rrl~~c ~u s~~'~S~" ro~ Tenols'FaE Po~h, Nqne p,p e~ ~ 26 2704 P812 . 4925 9 7enribfFord Pmk None r Aq , AtS9all ~ d~ieN~$I~kfenx 5206 F •,208: ienMilFbdPBrk pp ~Bkjd~5 ~"7'1D IennblFortf PaAC Norro y.~ :'('enNSlE'ad PaA . Repkc6nroM T8D Per GC'Leese..TIArerJOCks-,Repele~ent TBD A2b~~~ SYltnn ~ ~ t- 'M: -0iOG • ~ s Nwq T~P- ~ ~•A24TambfaM1S-AeSUrfaon? 5D00~ 5.200 '3408 7~f2 5949 £ 6083 , 34852! 'f ,r TenrielEaE PaAc pa d m'~w 64 ; .~*s. r Rapleaaron~otPdm ~ ChaM~f~Repeh8WmE9peen iTe~rdi FendM' Patldi 11,281 ~ ~ 1 ~Z5020` p~IFOrEE~'Alr w o~:" itePlbQeAlfita~P~e~ z MYl1QBbiae0 'FIIidI9~}flk- fdiCil~-Tow~RAaO, y ,~aa y , . N..~ 'Ftro 'raAh Sves ~ a ~e , . .710 r B2~ Cd1Nqs ' s o a i~. 3~ g Non voud~ s~ca N. 20 0~0o a eo2 L x , 2a,eoz• : YoulhSvca " ~ - 12 167 ' 'f12,187 . Nonp k ~Ye~MSrons , - , YOMS+ra ' f..r None: YwN$vcs~~Y~il - 44 tfR, 'I'*,~6D7W501L','~~~ ~ ~a s86-Attvity,'~ MS~'~'r ,s~w~ f ry'r?~.~"%~° tiro~~- .,..4~~60Q"r~`i` '~4~r a~ r:..~" . ,•h6;66Qr ~ 89~vaEOrSKtan YRDPOrtlon r p~%d3 y~ wrt. sr~il'l2186 ' 89i+edSaMstme . , . . . , ,..:.a . ,...6 ,760 1.BB7 . . . . . . . _ . , .8~467 PAGE1 - VRD/TOV COMBINED MASrErt i Sr eNn iNiTiei reoIrei eenu iTiee eSe SS••EN- Lwatbn Tovm ReeGOeelMilb VRO ReePOnsi6illb Descriptlon v.u t~hC ~ r ? w .~,.y 2007 2008 2009 2010 2011 2014 ToMI TM1rv 2072 d~}'~ ,.a. :;.air r~ ~ a. w„ ~'L'~;t't~" t,,¢°n ~r~.. { ..~:.:t: tx. 4 :Ni:.. - dFY ~6X V;I~j: A n a a~, ~~p(i: t c PAOSdn,;-t r. ~.aV ^rr,~; ,~'"'„~~.i~ :k•;; , v~,.~,. ~T' . ` °q~a R ' ~;s ~~p ' : ~0,3~°0 ;~a> E . ~ , w?(6~e;'f . k~ ,x,,,,,y, . l~.,a~ , • ~sn, c r '..u„s.G~EOd1kM[3nd~~~6eaif9~ "~~u ~ ~'^v, • kr ~ i ~ ~z 't~. ~?~a~i~'- ::;,s; ;1~^:'3,?d5:: y d ~ yf ~r . M_ •,i .~t~ t ~9 s ytu~,.~ , k?+~ S x ^L3 s~: ~ xe , fi; a a r.~r w`;upa.;~~~' 0151 ~y$} ~~"F ,~y a r..c:~~ ~`r~~•;~ f n57:x~n~s„~` S! 'w, q>.'f„•~`za'm •u,. i)....."":*~i~."~•,.~ ~'7.50~!h! rz?,,,. .'~d. ,-R•.;: ~:?~~:3° x.. -"'yr.:'~4:e~4'- s ~`~?~v~.. ~ x....~~. ~ . C!tY."da;~:: R'.r~ ~feYy'+9$E.. K,,,'; , ~y:i • e;t{~" w'riSY;r~: 'a~~ '~y ~"~`.:.°ylr... z m: MSeo r~'~ •~Y ;,x.-^c~• , ~ .'~.ac d~ . ~.°a.~:;x - ,au.» , e.. ~`:;4~ P... , so ~ w++.~i n %1EF... iow-m~, ;G ~ c^~ ~ ~ P ~ ~o r~.y^ e; ~:1; G : „ ~ ti : i }x~~s.. ~'~iW~'~^ ~t, s+4~:~ Dohaoo '~dw +"=.NP°'~'q aa-~'Ct'~ r ~~It ;.,:,r~ * ;CL~UMe~rW~~indCl~Ii!qs ~ xrr.f;y~„~e'',~.' Dobson ~ Reqy~ny • 7~ ~ El9dnteiiorFlaaYnp c~2 Dobsar ,Taa~ .3/93 ~ Y5fd ~ ~ B,4YB' 50,371 `Do6~ ' ~.t~~ ~att 9u~s`wd1~B~quD7+~~ ~ 'Qpdrdetiot . „ , .7 ~ G~ .~i~ "ykE' V~'~;. EWA~i ~ z ' `a~;•S° ~.s~" W. ~ ,~:~`'~,,y ~ x 7Q.teB.: ..~~A ."ys'~ qg ~ ....~~Ae~llackgs ~iLz„ € e2 .~r` 6Y~." DC69q!.~: ~ . ; ~ • ur ~ r 1 ~ ~,-p'YT ~4, ~ t 6 ~'2Ss9T1;: ~ Dohsan : : ~ . ~ - . Norie . A4 ~ t 2 9t2 r r DoEson : None „ ~ Rg : - 2,912 Q~[cewnk ooeson Re~na~t t~raoe6 ~nd sanrmg ane steming ~ 9~pq , 2 ~ . 8,z12 3 9 35e' , 18 U°beao-.' R~t .:Pai^tlnA' : > C37~iand'RaG ; 3.118 uOt 1141 5O,.o~Deon R eplacement . :i.. . ~ , :~.u; . : r• 3,W7a~.','. r, 7~481 a4Q8-1(1{GiDf DOOf4 431 C30-$OWIdSY$TR g .DObwi'' Aq 75,818 15,816 - C31•SoorebwNS , , 41 i . Nonfl ,7 ;g ap C32~effi;Saql! -M - ~w-~ ~ .~`:a' ` k~d r? t i?~. '.,,a , W, a b k 4,~ Sh~aBe'Tenk6. E i^4`<< , n t~^~ . ~r t,„~ s ~r ~ c a: a e+~ ~ 7 a E s tYD~OD ~i~~. V..~ ' F ~~.~~t (~~1~• -"',ts .c ~ NoY~n-~~,~F.;t.. ~,~p~, xs3 ,y~ s .rr~., .s^~^",~~"'.; F,+r ~ ~44~:~*~ ' S 1 r • ' Si . ; r , ' ~ 7" r. ,?{Nk~O` iIQQSF ~ rr ~ fNtl§~'~1?! »~'r:a;~i~1W;~~~~" , , . ~ a~ ~ , None ~ : AA. .r, f40~LnkQtiAaSYSIan.; 7,487. Op9aq ~~Y~'Ni!M G 'li~i xSGr"Fi. Y~Si~` ;;•v ~.~t . 'q17~; rt~ot N-.~ , ~o .n~!didO k'~0 7.y! Rau~f6 w^"a~ x s? r~ , ~ e ~ 3~'. a~c~4r~,.Y :.:C ~ l~t ~I" FY tJ. . q} t a x DOh8011.:: . N~OIIQ ! i~biie + qn . „ . C46*~mboN ~48 20 z48~ Dobsan ~ ; ' . . i „ Dobsm , None ~ . ,t4/-ManUlt , J 2f057. 21,057! . .;C4&WashaandDryer ~ 2,925 ' ';:2~825 009~Evdit'Staqe 'Oobson.a' ~ ~ 91880 CSP~umt0uk5 oo0sm Hone A1 ;prene 42 5B0 ` ' 42 580 . C51 Oec# flEnt Fkoilrg Dobso fl - qy DoWm 3-5teue0rt08smdWrbins Y~00 ' . . - ' Flaoe M , ~ . . i, 2500 {KNiAOmbolblxders - t /58 ~ Mobson NOne`: 1,456 . t54~tAicSqderB~MMCArde , Do6sdn v'~'.;NOne .CSS-Im Sbks. . . . " P1 &2 , • 21.642 : , ~211 . . , . „ ~ a;eoo ; 8.074 PAGE2 VRDITOV ~ COMBINED MASTER LIST AND INITIAL CAPITAL FAGILITIES ASSESSMEhT LoctUon Town R sibill VRO Ree ngibill Dostrl on 4007 2008 2009 2010 2011 2017 Total TTru 2017 "uiaa~are ?nz'.,3NbaC~iCz(;. a3e*'~b 'f~'Ad1~ 5 1, NS~O?4p4..~x. ~r '~tiur ~y y, f bp~y'd.~:l AdbYe~iW atk~,~4c fiwn'S~a~t' ~yr s~~ , s ~t??:69004n ~ „ x-"x ."r.,.,'ia,~ .~:Ji . r~ a ';k u :~4C16EE~,fklluk'%".'. t ' ~'~f "~p~lAy"~~{^~cK4~ s ~ t ^r ~9 , . . ~ 4''SG t.. , . ~ . . .~..,r ...~s . ..r, : ~ r, r~~3'Wdd;~In4 Po61xanQB~S a~~,~¢ §r`~ =F ~ "p a~,'`~+`~k"~~~, r.~iC~ E~t•~i~ i"~i'~itb ~ : ' ,.A . r. y , ,s ~Q~!~,lS` 'ADi~fl~lekl ~ d 7 `r,.*~ >x '~t~0~l790d~~ri~107!:'~IY~ nNkSaFlea 7am ~ rbneik~s;yoeom~aemaq~ ~9s~tcslooeROanno ~ 9.907 nB , ANletle Feld ; to he sW'd ' G~rowix lo be 9 897 'CrowAInO : sWIFVADmmohtUffF6fidE~GraM1~9anORalnape J,30D Alie(E9fi~d ~ d~. ~+ti x161 r r^ i" ~ t~ e x r~ r,ra. tA a 14 OU Rr s~ ~a. r M ~IdI~Id~04Qt si w ~ x ~E t S' S~' Atldetk Fidd r ,.M~ Atl , Goal Rp~s Ad"tlefhlG f16-YdbVlapCarCS 13 82B Atlh 106CFkld , NOeE AG; F1}{hamUNCFndrq 2798' 13628 . y. , . , . . . , , . A1MetlCFlald "Nme ...:AN -'F12.•WOOdSdRRdIFMR.;, . ~ 1i888 17,848: ANh9tFbM None M F13-BIA7d1dS . ANletlcfkld4~,w ~ tBDPerOCLease: : TBDPaGCleaee 'f1f11nlpetlon5ysteiirVRDResponsf6A1 y.'. . " 19,224 18,224': Athlak tip;p'~E~~'bClaur,~ _ F15~11udbneou5lmProva~ts UA59 ~ 14659 ~!i~ ,iNhAE-ClAt1~4:.~r s t'F'rf 111- ;:,,~v,'~~••~°+s' ; ~ ~u k~~. . ~.6/~SOemSbRSR0ALID~':4~i. 7 ~ 7r- iY . ~ x i~' M1 ~r ~ ; # ~ .r ^*t , 5 a - e AG , "I. GS(ntenar 1242 .7,2e2 NadmCentei . EntranuandTa+m: ; MteAmandkeqalpMS GGhNSCdl~Kaus5qrooe d.500 3186 , 8.296 NoWro Cmhr ' . Nmie M G7 WaIk1~0 end Oriiio? VaIM 5372 ~ 5,372 , . ,?~f+~, ; :~?~.v,oA9.~ :~0~.9..,3 ~~,NQnetc,~ ~"...~d,QStl'I~ 'S.,w'^: ~ . 5 ,PR fm1tlIM1 .s ,~sM, , . - ~ -BmdiesaMTabks .~.i,8S1. G9 278 3, 3176 Center . :NOne Ap , . . , NanneCenbr ~.;.None G14TdnbcSralnravi: Nehrte CenMr - Ndro AA 1,000,^ N2WmCenter None ' . ..,M. ' ...61351wk ~rutOnE . . ' " 'a77B . :.'...4.218 , . 4 ~ . . ;:?Y.s..>..:. PofL~M6~ GYmmeetla PorLes6e ~Perleace . .~:}Q.~py . ' . Grmestks PerLease ~ PerLeaoe . i. H3{Atlm5iO6q' 2.052 ' .,';2.052~~ oYmneedcs ` PerCeaee; ;'..",.Perlease Gpmestks Perleax Perlease HS+-m.rlaDoorS 1,000 Gymnestk~ Perlease PerLeeae - li6-guflplnpCsnapks15un5Geens . 7247 T,247' :GYmnQs u , r~ ~ ~ ~C r ~ t x~ s PtlfLYtlatl'~ V~ ~ 0~ , Per "p r x. lb~se.eY 2~6`MaP ts ~'4~F ^ x M tP , [ P!~'L ~ .s XIW~dalrd ~ a~, r . . ' . . " , .-.•~Si~;. ' 6ymn9edes , PaLeace ' PerLease Hl1•IrteiialioaCo'vuinps . . ' . . _ GY^in8stlc5 verLeeee..~.r° .PerLeaseHt2•InOaIaWNlsandCellNAS . ' 12;582 . Gymnastics . Palease 12,592 . PerLm'se 1-113-tn0aiarOOOrs'.. ; - yGy~mno~stl,a~ PerLease Per Lease M14GY,mneSlum lpMinp ' . . 1.125 PerLem .N1l&iimxt p ~t>38A n3gg,r Ymnaslka PerLe9se Perlease H174uDbfesandlatlaas tDpp- 2,260 250 91 r'+ v~~ hu:~H19+b~ent H~t,A~tsO..{,~~~..,. qN^~,~ Prlame i ' y" Pal~~ a t i HIfFM~ndOUSNle~allmprWeuiai i~ GMnswics > cr, :'ParLMee~ Y .F . ~PerLlh~e u ~n" 'afthor - GYmnastlcs PorLeue ` Palaese H22{~,+imastaEfidRT-ft' 12,000 .~t3e98 . „26,498 GYmnastla Porleaae " Pmleese : H23-RubbtrRoorMets :i 9.380 8380` TofelNOndioNCoune 227,886 279,691 1,085,I78 ,879008 E6,627 797763 2752265 totlOTOY: . ~..i~,,::.. i'z;t .,,11~217:' :,.lZ`/17/ ~~:6~'dbQ .~.,•~r:.8E0~S~r.'i,..`: 1& °3a6 ~.'!i 276::" ,,,2A Tohl YR0' . . . : 173.438 151.919 '.B31T0 ' ~ 218,725 ` 73,297,- : 111.4138 ' : : TS2 035 227,8E6 279,693 7.085478 a7e003 96821 193783 2752,265 PAGE3 EXHIBIT B DEED OF GIFT ~ I} t00069179.DOC . , q ~ , . ~ . , •C ~ ' ' . c. . DEED OF GIFT ' • l?NO 11GREEMENT . , TH2S 1?GREEt-fED1T mada thia __jY 7day of No'el •.1976, by' and betveea tha TOWIQ OF VAIL;• •a Coloza8o muni pal • 1 . ' , -COSporation, and ELI ZI?SETI! H. MIEBSTER. • WHEREIIS, Hrs. Elizabeth H. webster has offered to . ' . toaks a gift to tba Towa of Vail of stocft presentiy helcl by • , her ia McGraw-Hiii, Iac. for the purpose cf enablinq the ToNn . ~to buil.¢ a segulation size ice rinki and toFERF.71S, tha Towra has long feLt the need for snch ; • o facilitp.end hss accepted by'Resolution No: 4, 8eriea of , 1976,•the gift offsred by'Mrs. Webster: ' • • • NOW, THEREF'ORE, in coasideratiots of the recitals,' • mutual promises and agreements herefn contained,,the parties ' .aqrea as followss • . . 41) Mrs. Elizabetih M. Webster hereHy_agrees to tranaler as a gigt to ths Towri'of Vafl sufficient stoak ia . MaGraw-Hill, Inc. having a value equal to the cost of'purchase • aind inataliation of the following,: " (s) A co:rtplete, installed Kolmsten Rinkmaster . Direct I?iquid Refriqeratioa ICE RINK including all . refrigeration and mechanical equipment necessasy for the makincy of ice for a raqulation aiae ice rinkf. (b) The boarda, dasber shields, and hockey • qoala surroundinq the rink but not includinq • • benches or other enclasures= , (c) Reatroom and cbanqing facilitiess , • (d) public address and music systemt • - . . ' ' • (e) First aid stationi • ' . • . . " . • • . , . • . . " • • ` ~ . . , . '(fy Zamboni ar equivalent; . •t' .f;. • : s. • . . • : : ~'•:i•~':.~. • • ~ . ~ ' ' (c~j .,Site preparation~, costs•'and _'Y.L~L.•M. '/t• y•.•f'..'*i. . . I."• • - '''it.:;~•'5.~••'.f~=••~i;~.y'ti expected to.cost not over.Twenty-five 'Ttioueaiui~~ t, . . • . . Dollass (S25.000.00)• . . , . ~•~'.:4'', . ::1' . . . • . • . • - ~1,r~' ~ . ~ J i•. ~ - . . , ' ' . . ' ' : • • , , . : . • . . . . . ~tir.... :,;;1' . ~•.r ~ ~ : . , • • . . . I . • ' •f , ` ~ • . ~ ~ • v 1?GREE4fENT Psge 2 • (h) Incidental travel or investigation , expenses that may be incurzed by Torns otficials, staft, or advisozs !or the selection of a con- ' • - tractos, deaign of the rink, or a porticn or all of the lacility expected to cost rict overFive • • Thousand Dollars ($5,000). . . (2) Tbe gife ahail not exceed stock having a balus o! Three AunBred Fitty-Ffve Thousand Dallass ($355,000). . ,(3) Tha above specffisd gift sliall be naae in four , installmetsts, - cwna+sncfng on K&y 11, 1976, aith the remafning three installments to be mede at mutuaily coavenient times, expect ' to be completed prfor to December 31, 1976. The tiYSt install- mant of the qift ahali be 6000 shares beinq tsansferred on or .beforn May 11, 1976. ' (4) The Town of Vail states that it is ita intention to place the ir.e rink on that parcel oi property within the " Town known ss Site 24. The Town intenda that if it decidea to anclose the ice rink withfa a structuse or bufldinq in the future, such enclosed fscility will be avaflaDle Por ice • ~relateS activities at Ieast 750-ot the time it is open. The Tor+n also intends to provide sufficient staff and advisory services'to provide a quality facility that will be'an assat to the conrunity. The Town tusther intends: ' (m) To provide gradfnq, utflity relocatian . or replacemsnt, and other site preparation that may be necessary for the construction of the ice rinkj • (b) To promptly take all necessary ateps to seleet a eontractor and other sezvices so thnt the ice rink.nay be substantially conpieted by December 31, n76, . . . • 11GREEidEiiT Pag@ 3 (cl To ktep 81isaDeth K. Webater and + hsr family fully 3nformed as to progress that. is bein,q made ta+ard planning and completfon • of the facility. , ' (S) To the extent leasible, to keep tht iderikity of Elizabath M. «ebster,as donor, . ' eunffdentia2. . ' • EnECUTED on tha day and year firat abovs • written. ' ' • ~ ~1`! ~tii'~1~.,~~~i~1~'s!r , ' ' ~ . L ET M. EBST R ~ State of _1~.Z~-'~ ~ • County of ) s$ ' • Subscribed and sworn to by Elizabeth M. tsebster _ this &,'1-^day of [•lay; 1976. . . Notasy Public Notwnr vuauc os xtw Jcastr b1y cotrsnission expires: 04 c"IW„vj4ftjV?i ACCEPTED , TO!•7N OF V11IL, COLORADO. A Colorado municipal corporation . BY:~'~~ ATTE T: , • . /~•~'tri ~«u~~~:!~ 'I 00, 4GI.C ' own er ! • ~ . ' • . APPENDIX 1 TO TOWN OF VAIL AND VAIL PARK AND RECREATION DISTRICT LEASE CAPITAL FACILITIES COMPLIANCE "CHEAT SHEET" 4iV~ 1. Annual Transfer of Funds to Recreation Project5;f~ine Items Made on in the.amount of $ '+c~,?::; ~'a,• 2. Capital Facilities Assessment Requireo;-jBe'Furnish'Q:. 'on June 1 of each yea]. ,`~i; ~:'~',ar, . v; 3`~" ~~"~J. 3. Forward Annual Maintenance g c~~the Oth,kParty by Apri °,,rof each year ~ 4. Annually Provide the Oir Party with a I3et~ati.led Description of its . s~. Contributions to and Ex ~i~r,es from its Reeat~~n Projects Line Items. ~ tv ^ r:r. ~ r . a"4 C' {00069179. DOC